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WA9401-CN 941108CONSTRUCTION SPECIFICATIONS AND CONTRACT DOCUMENTS FOR EAST BELTLINE ROAD WATER LINE PROJECT WA 94-01 FOR THE CITY OF COPPELL Prepared by: City of Coppeil Engineering Department NOVEMBER, 1994 ~nl Iw~ eee./~ ~enot'. TABLE OF CONTENTS Notice to Bidders Instructions to Bidders Proposal Standard Form of Agreement Supplementary Conditions Specific Project Requirements Special Provisions to Standard Specifications for Construction Description of Pay Items Standard General Conditions of Construction Contract Contract Instruments Agreement Contractor's Payment Bond Contractor's Performance Bond Addendum 1 2-11 12-20 21-26 27-36 37-43 44-47 49-51 BIDDING AND CONTRACT DOCUMENTS SECTION 1 - BIDDING AND CONTRACT DOCUMENTS NOTICE TO BIDDERS The City of Coppell is accepting bids for East Beltline Road Water Line Installation - WA 94- 01. Specifications may be obtained from the Purchasing Agent, 255 Parkway Blvd.. Coppell. Texas, or telephone (214) 462-0022. Sealed bids addressed to the Purchasing Agent, City of Coppell, Texas, for East Beltline Road Water Line Installation - WA 94-01 will be received in the Purchasing Office at the City of Coppell Town Center, 225 Parkway Boulevard, until 2:00 p.m. on October 26. 1994, and then publicly opened and read aloud. Each Bidder shall submit two identical copies of this bid with the City of Coppell Bid No. O 0994-01 designated clearly on the exterior of the bid envelope. There will be a "Pre-bid" Conference conducted on October 19, 1994 at 2:00 p.m. in the Coppell Town Center, 255 Parkway Boulevard in the 1st floor conference room. The Owner reserves the right to reject any or all bids and to waive formalities. Unreasonable or unbalanced unit prices will be considered sufficient cause for rejection of any bid or bids. The Owner reserves the right to accept the alternate bid of a Contractor that did not submit the lowest base bid. NO BID TRANSMITTED BY FAX WILL BE ACCEPTED. Bidders are expected to inspect the site of the work and to inform themselves regarding local conditions and conditions under which the work is to be done. Complete sets of bidding documents must be used in preparing Bids; the City of Coppell assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. NO SALES TAX ON TANGIBLE PERSONAL PROPERTY INCORPORATED INTO OR MADE A PART OF THE PROJECT. The bidder shall not include or provide for sales tax on tangible personal property to be incorporated into the project. (Note: This procedure may not be used, however, for materials which do not become a part of the finished product, such as, equipment rental or purchase, form materials, etc.). In order to be exempt from the sales tax on such tangible personal property, the contract shall separate and provide separate charges for materials to be incorporated into the project from charges for labor. The City will provide the Contractor with an exemption certificate for the materials. The contractor is expected to issue a resale certificate in lieu of paying a sales tax at the time of purchase. The bidder shall show the cost of materials (tangible personal property) in the space provided on the bid form. The successful bidder's bid form will be used to develop a separated contract and determine the extent of the tax exemption. Bidding and Contract Documents BIDDING AND CONTRACT DOCL~IENTS INSTRUCTIONS TO BIDDERS 1. Defined Terms. Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (EJCDC Document 1910-8, 1983 ed.) and the Supplementary Conditions of Agreement have the meanings assigned to them in these General Conditions. The term "Bidder" means one who submits a Bid directly to Owner, as distinct from a sub-bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible Bidder to whom the Owner (on the basis of the Owner's evaluation as hereinafier provided) makes an award. The term "Bidding Documents" includes the Notice to Bidders, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of bids). Specific defined terms are: Owner: Wherever the word "OWNER" is used in the specifications and Contract Documents, it shall be understood as referring to the City of Coppell, Texas. Engineer: Wherever the word "ENGINEER" is used in the specifications and Contract Documents, it shall be understood as referring to the City Engineer or his authorized representative, City of Coppell, P.O. Box 478, Coppell, Texas 75019. Inspector: The authorized representative of the City of Coppell assigned to observe and inspect any or all parts of the work and the materials to be used therein. Scope of Work. This project is generally located along the south side of Beltline Road from Blooming Colors Nursery eastward to the Lone Star Gas Substation (west of Ledbetter Road). The project shall consist of the installation of approx. 1178 L.F. of 12" water line, approx. 2507 L.F. of 8" water line and approx. 236 L.F. of 8" water line bored northward beneath Beltline Rd. The work shall be as shown on the construction plans (WA 94-01) and shall consist of furnishing all labor, equipment, tools and incidentals necessary to complete the work, including but not limited to: excavations, backfills, PVC pipe, carrier pipe, disposal of waste materials, etc., as described in the plans and specifications. Copies of Bidding Documents. Complete sets of the Bidding Documents may be obtained for a nonrefundable $15.00 cost from the Purchasing Agent at the office of the City of Coppell, 255 Parkway Boulevard, Coppell, Texas. The following general requirements pertain to the Bidding Documents: 2 Bidding and Contract Documents 3.2 3.3 A) No bidding documents will be issued later than two (2) days prior to the bid opening date. B) After award of the Contract. the successful Bidder will be furnished five (5) sets of Contract Documents at no charge. Additional sets over five (5) will be furnished for $15.00 per set. c) Bidding documents may be examined free of charge at the offices of the City Engineer, City of Coppell, 255 Parkway Boulevard, Coppell, Texas. Complete sets of Bidding Documents must be used in preparing Bids: the City of Coppell assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. No partial sets of plans, specifications or proposal forms will be issued. The Owner, in making copies of Bidding Documents available on the above terms, does so only for the purpose of obtaining Bids on the Work and does not confer a license or grant for any other use. Qualifications of Bidders. The Bidder shall submit within five (5) days of the Owner' s request such evidence as the Owner may require to establish his financial responsibility, experience and possession of such equipment as may be needed to prosecute the work in an expeditious, safe and satisfactory manner. The required information to be submitted shall consist of, but shall not necessarily be limited to, the following: A. Current Project Experience. A list of all projects presently under construction by the bidder including approximate cost and completion date shall be submitted upon request. B. Past Project Experience. The Bidder shall submit a list of comparable projects completed within the previous five years including approximate cost(s), quantities, and completion date(s). C. Equipment. The Bidder shall provide a list of equipment which will be used on this project. The Bidder shall demonstrate that he has adequate equipment to complete this project, properly and expeditiously and shall state what additional equipment, if 3 Bidding and Contract Documents any, that he must rent/lease as may be required to complete this project. D. Financial. Each Bidder shall be prepared to submit upon request of the Owner a balanced financial statement with no evidence of threatening losses as evidenced by an audited certified financial statement (current within the last six (6) months of bid date). This information will be used to confirm that the Bidder has suitable financial stares to meet obligations incidental to performing the work. E. Technical Experience. The Bidder shall demonstrate to the satisfaction of the Owner that he has the technical experience to properly complete this project. F. Proof that the bidder maintains a permanent place of business. Conflict of Interest. City Charter states that no officer or employee of the City shall have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, or rights or interest in any land, materials, supplies or services. This prohibition does not apply when the interest is represented by ownership of stock in a corporation involved, provided such stock ownership amounts to less than one percent (1%) of the corporation stock. Any violation of this prohibition will constitute malfeasance in office. Any officer or employee of the City found guilty thereof should thereby forfeit his office or position. Any violation of this prohibition with the knowledge, expressed or implied, of the persons or corporations contracting with the City shall render the contract voidable by the City Manager or the City Council. The Contractor represents that no employee or officer of the City has an interest in the Contractor. Examination of Contract Documents and Site. Access to the site shall be from Bethel School Road. Additional poims of access shall be secured by the contractor, if needed. Prospective Bidders shall respect all improvements. It is the responsibility of each Bidder before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. Failure to make these examinations shall in no way relieve any Bidder from the responsibility of fulfilling all of the terms of the 4 Bidding and Contract Documents 6.2 6.3 6.4 6.5 6.6 contract, without additional cost to the OWNER. Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to the Owner by Owners of such underground Facilities or others, and the Owner does not assume responsibility for the accuracy or completeness thereof. All existing structures, improvements, and utilities shall be adequately protected, at the expense of the Contractor, from damage that might otherwise occur due to construction operations. Where construction comes in close proximity to existing structures or utilities, or if it becomes necessary to move services, poles, guy wires, pipe lines, or other obstructions, it shall be the Contractor's responsibility to notify and cooperate with the utility or structure owner. The utility lines and other existing structures shown on the plans are for information only and are not guaranteed by the City to be complete or accurate as to location and/or depth. It shall be the Contractor's responsibility to verify locations and depths sufficiently in advance of construction such that necessary adjustments may be made to allow for the proper installation. The Contractor shall be liable for damage to any utilities resulting from the construction of this project. Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. On request in advance, Owner will provide each Bidder access to the site to conduct explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former conditions upon completion of such explorations. The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract documents. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 6, that without exception the Bid is premised upon performing and furnishing the work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5 Bidding and Contract Documents -- 8.1 8.2 8.3 10. Interpretations and addenda. All questions about the meaning or intent of the Contract Documents are to be directed to the Purchasing Agent. Interpretations or clarifications considered necessary by the Purchasing Agent in response to such questions will be issued by Addenda mailed or delivered to all bidders recorded as having received the Bidding Documents. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Each Bidder shall acknowledge on the bid proposal that all Addenda issued have been received. Addenda may also be issued to modify the Bidding Documents as deemed advisable by the Owner. Contract Time. The time for completion in calendar days should be included on the Bid Form in the space provided. All work shall be complete within the calendar day count required by the Contractor's Proposal. The calendar day count shall commence ten (10) calendar days after the date of the Notice to Proceed. Prior to the issuance of the Notice to Proceed by the Owner, the Contractor shall submit a detailed Progress and Schedule chart to the Owner for approval. Extension of the contract time shall be based on a Change Order or written amendment as specified in Article 12 of the General Conditions. Liquidated Damages. Provisions for liquidated damages are set forth in the Contract. Liquidated damages for this project are: Two hundred forty dollars ($240.00) per calendar day. Substitute or "Or-Equal" Items. The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or-equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or-equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. No substitutions should be considered during the bidding process. Bidding and Contract Documents 11. 11.1 11.2 12. 12.1 12.2 Subcontractors, Suppliers, and Others. If the Owner requests the identity of any Subcontractors, Suppliers, or other persons or organizations to be submitted to the Owner in advance of the specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within seven (7) days after the request submit to the Owner a list of all such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such identification is requested. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, supplier, person or organization if requested by the Owner. The Owner, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, other person or organization, may, before the Notice of Award is given, request the apparent Successful Bidder to submit an acceptable substitute in which case the apparent Successful Bidder shall submit an acceptable substitute. Bidder's Bid price may be increased (or decreased) by the difference in cost occasioned by such substitution, and the Owner may consider such price adjustment in evaluating Bids and making the contract award. If the apparent Successful Bidder declines to make any such substitution, the Owner may award the contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor has reasonable objection. Bid Proposal. Two (2) completed Bid Proposals must be submiued in a sealed envelope as described in Item 15. The blank spaces in the Bid Form shall be filled in for each item for which a quantity is given and the Bidder shall state the price for which he proposes to do each item of work. All blanks on the bid form must be completed in ink or typed. No substitutions, revisions, or omissions from the plans and/or specifications will be accepted unless authorized in writing by the Owner. The legal status of the Bidder, that is, as a corporation, partnership, or individual, must be stated on the Bid Form. A corporation Bidder must name the state in which the organization is chartered. Bids which are signed for a corporation shall have the correct corporate name thereof, its post office address, and the signature of the president or other authorized officer of the corporation, manually written below the corporate name in the following manner: "By " 7 Bidding and Contract Documents If the bid is made by an individual, his post office address shall be given. Bids which are not signed by the individuals making them shall have attached thereto a power of attorney evidencing authority to sign the bid in the name of the person for whom it is signed. If the bid is made by a firm or partnership, the name and post office address of the managing member of the firm or partnership shall be given or the bid may be signed by an attorney-in-fact. If signed by an attorney-in-fact, there shall be attached to the bid a power of attorney evidencing authority to sign the bid, executed by the members of the firm or partners. 13. Provision Concerning Escalator Clauses. Bids containing any condition which provides for changes in the stated bid prices due to increase or decrease in the costs of materials, labor, or other items required for this project, may be rejected and returned to the Bidder without being considered. 14. Estimates of Quantities. The quantities listed in the Bid Form will be considered as approximate and will be used for the comparison of bids. Payments will be made to the Contractor only for the actual quantities of work performed or materials furnished in accordance with the contract. The quantity of work to be done and the materials may be increased or decreased as provided for in the Contract Documents. 15. Submission of Bids. Bids will be received by the Purchasing Agent, and shall be submitted to the Purchasing Agent, City of Coppell, at the Town Center, 255 Parkway Boulevard, P.O. Box 478, Coppell, Texas 75019 until 10:00 a.m. on October 26, 1994, and then publicly opened and read aloud. Two identical copies of the bid enclosed in an opaque sealed envelope and marked with the Project title and the name and address of the Bidder shall be submitted. If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED EAST BELTLINE ROAD WATER LINE INSTALLATION - WA 94-01" on the face of it and addressed to the Purchasing Agent, City of Coppell, Texas. 16. Modification and Withdrawal of Bids. 16.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 8 Bidding and Contract Documents 16.2 17. 18. 19. 19.1 19.2 If, within twenty-four hours after the Bids are opened, any Bidder files a duly signed written notice with the Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of the Bid, that Bidder may withdraw his bid. Thereafter, that Bidder will be disqualified from further bidding on the work. Rejection of Bids. Bids may be rejected if they show alterations of form, additions not called for, conditional bids, incomplete bids, erasures or irregularities of any kind. The Owner reserves the right to waive any irregularities in the bids as received and to reject any and all bids without qualification(s). More than one bid from an individual, firm or partnership, corporation or association, under the same or different names, will not be considered. Reasonable grounds for believing that a Bidder is interested in more than one such bid may cause the rejection of all bids in which said Bidder is interested. Bids in which prices are obviously unbalanced may be rejected. Bids to Remain Subject to Acceptance. All Bids will remain subject to acceptance for ninety (90) days after the day of the Bid opening, but the Owner may, in its sole discretion, release any Bid prior to that date. Award of Contract. The Owner reserves the right to reject any and all Bids, to waive any and all informalities except for the time of submission of the Bid and to negotiate contract terms with the Successful Bidder. The Owner also reserves the right to reject all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, the Owner reserves the right to reject the Bid of any Bidder if the Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or has doubtful financial ability or fails to meet any other pertinent standard or criteria established by the Owner. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. In evaluating Bids, the owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, completion time, and other data, as may be requested in the Bid form or prior to the Notice of Award. 9 Bidding and Contract Documents 19.3 19.4 19.5 19.6 20. 21. 22. The Owner may consider the qualifications and experience of any Subcontractors, Suppliers, or other persons or organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as requested by the Owner. The Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. The Owner may conduct such investigations as the owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial stability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to the Owner's satisfaction within the prescribed time. If contract is to be awarded, it will be awarded to the lowest and best qualified Bidder whose evaluation by the Owner indicates to the Owner that the award will be in the best interests of the Project. If the contract is to be awarded, the Owner will give the Successful Bidder a Notice of Award within ninety (90) days after the date of the Bid opening. Execution of Agreement. Within fifteen (15) days after written notification of award of the contract, the Successful Bidder shall execute and furnish to the Owner three (3) original signed contracts and a Certificate of Insurance. Affidavit of Bills Paid. Prior to final acceptance of this project by the Owner, the Contractor shall execute an affidavit that all bills for labor, materials, and incidentals incurred in the project construction have been paid in full, and that there are no claims pending. Bid Compliance. Bid must comply with all Federal, State, county and local laws. Contractor shall not hire nor work any illegal alien. 23. Notice to Proceed. Upon execution of the Contract, the Owner will issue a written Notice to Proceed to the Contractor requesting that he proceed with the construction. The Contractor shall commence work within ten (10) calendar days after the date of Notice to Proceed. 10 Bidding and Contract Documents 24. 25. 26. 27. 28. Sales Tax. The bidder shall not include or provide for sales tax on tangible personal property to be incorporated into the project. In order to be exempt from the sales tax on such tangible personal property, the contract shall separate and provide separate charges for materials to be incorporated into the project from charges for labor. The City will provide the Contractor with an exemption certificate for the materials. The contractor is expected to issue a resale certificate in lieu of paying a sales tax at the time of purchase. The bidder shall show the cost of materials to be incorporated into the contract (tangible personal property) in the space provided on the bid form. The successful bidders bid form will be used to develop a separated contract and will determine the extent of the tax exemption. Upon execution of the construction contract, the successful bidder shall provide a per item breakdown of 1) materials incorporated into the project; and 2) labor, equipment, supervision and materials not incorporated into the project. Silence of Specification. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement by Owner or their authorized representative. Change Orders. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All change orders to the contract will be made in writing by the Owner. Assigmnent. The Successful Bidder shall not sell, assign, transfer or convey this contract, in whole or in part, without the prior written consent of Owner. Venue. This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Dallas County, Texas. 11 Bidding and Contract Documents BIDDING AND CONTRACT DOCL,'~IENTS BID FOR.M PROJECT IDENTIFICATION: East Beltline Road Water Line Installation - WA 94-01 in Coppell. Texas. BID OF Architectural Utilities, Inc. DATE October 26, 1994 (NAME OF FIR,M) THIS BID IS SUBMITTED TO: City of Coppell (hereinafter called O~,VNER) c/o Purchasing Agent 255 Parkway Boulevard P.O. Box 478 Coppe!l. Texas 75019 CITY OF COPPELL BID NO: WA 94-01 The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. BIDDER accepts all of the terms and conditions of the Advertisement or Notice to Bidders and Instructions to Bidders. This Bid will remain subject to acceptance for ninety (90) days after the day of Bid opening. BIDDER will sign and submit the Agreement with other documents required by the Bidding Requirements within fifteen (15) days after the date of OWNER's Notice of Award. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged): No: One (1) Date: 10-19-94 Rec'd: ~ (b) BIDDER has familiarized itself with the nature and extent of the Contract Documents, Work. site, locality. and all local conditions and Laws and 12 Bidding and Contract Documents (c) (d) (e) (f) Regulations that in an,.' manner max' affect cost. pro,,re,;< performance or furnishing of the Work. BIDDER has studied carefull>' all reports and drawings of subsurface conditions contained in the contract documents and which have been used in preparation of the contract documents. CONTRACTOR may relv upon the accuracy of the technical data contained in such reports. but not upon nontechnical data. interpretations or opinions contained therein or for the completeness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence. CONTRACTOR shall have full responsibility with respect to subsurface conditions at site. BIDDER has studied carefully all drawings of the physical conditions in or relating to existing surface or subsurface structures on the site. which are contained in the contract documents and which have been utilized in preparation of the contract documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such drawings. but not for the completeness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence, CONTRACTOR shall have full responsibility with respect to physical conditions in or relating to such structures. BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in (c) above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work as BIDDER considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, explorations, tests reports or similar information or data are or will be required by BIDDER for such purposes. BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations. tests, reports or similar information or data in respect of said Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. BIDDER has correlated the results of all such observations, examinations. investigations, explorations, tests. reports and studies with the terms and conditions of the Contract Documents. 13 Bidding and Contract Documents, (g) BIDDER has gi`.'en ENGINEER ,,vritten notice of all conflicts. errors or discrepancies that it has discovered in the Contract Documents and the ~ritten resolution thereof bv ENGINEER is acceptable to BIDDER This bid is genuine and not made in the interest of or on behalf of any undisclosed person. firm or corporation and is not submitted in conformit>' with any agreement or rules of an}' group. association. organization or corporation: BIDDER has not directly or indirectly induced or solicited an,.' other Bidder to submit a false or sham Bid: BIDDER has not solicited or induced any person. firm or corporation to refrain from bidding: and BIDDER has not sought bv collusion to obtain for itself any advantage over any other Bidder or over OWNER. (i) It is understood and agreed that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. (j) It is understood and agreed that the quantities of work to be done at unit prices and materials to be furnished may be increased or diminished as may be considered necessary in the opinion of the OWNER to complete the work fully as planned and contemplated, and that all quantities of work, whether increased or decreased, are to be performed at the unit prices set forth, except as provided for in the Contract Documents. It is understood and agreed that all work under this contract will be completed within the bid calendar days. Completion date will be established in the Notice to Proceed. BIDDER will complete the Work for the following price(s): 14 Bidding and Contract Documents Item No. 2 4 5 L~'IT PRICE BID SCHEDULE EAST BELTLINE ROAD WATER LIN'E IN'STALLATION BASE BID Quantity 2507 1178 235.6 Unit Description and Price in W'ords Unit Price L.F. L.F. Each Each L.F. 8" PVC Water Pipe Complete in Place and 51¢ at aft per L.F. Dollars Cents 12" PVC Water Pipe Complete in Place and ~'; itr7 ha-- per L.F. Dollars Cents 8" Gate Valve Complete in Place I~ ,,,I' l[,, ',d','- .-.[ ,g , , r7 Dollars and t{. Cents per L.F. Reconnect existing 2" Service Line & Reset Water Meter Complete in Place fi,,,~ ¥,,-st ....t $:A.,z o.v~. Dollars and e4,, Cents per L.F. Bore & Install Pipe beneath Beltline Road Complete in Place fi~{ 14,,,,,dt-,q'~,a..,j o,,,t Dollars and <:-~ -{-a, v Cents per L 7 .F. i a 94-01 Total Price .g/.,o/,,. ** 15 Bidding and Contract Documents "! I ......!' I I I I I L~'IT PRICE BID SCHEDULE 6 2 " ~/~.b~/~ t~ ~/~. $~r~g.z z 7 1 8 1 ~ ~--,-,4 ~-.~ &--'-" .a Dollars and Cents per each. I. 1411 9 500 L.F. I I I I Temporary 2" water line Complete In Place _<, ~ Dollars and -¢;:~t~ Cents per L.F. TOTAL BID ITEMS I THRU 9 l. 141l, TANGIBLE PE.'% Signature: _~. ?ERTY COST $ ~n, Vice President 16 it?. ~1~'1, aq Bidding and Contract Documents Item No. LNIT PRICE BID SCHEDULE EAST BELTLINE ROAD ~,VATER LINE INSTALLATION XV.-~ 94-01 BASE BID Quantity Unit Description and Price in Words Unit Total Price Price 6 2 Each 7 1 Each 8 1 Each 9 500 L.F. Air Release Valve Complete In Place and per each. Dollars Cents 2" Blow Off Complete In Place o,u~ r~,u.~,,,/ ~,,,u[,,.4,,~ ..' Dollars and N~ Cents per each. Fire Hydrant w/Gate Valve Complete in Place ~,~.TL,..s-,rl ,~,,,~ ,q',- .-,,,~.d Dollars and Cents per each. Temporary 2" water line Complete In Place '~t ,, Dollars and ~,. r Cents per L.F. V TOTAL BID ITEMS 1. THRU 9 A~ GIBLE PE AL ~ERTY COST $ 16 /.//g oo I. qt&. "° Bidding and Contract Dncuments t f 'ff TOTAL BID ITE.~IS 1 THRU 9 In Words: BID SL.~INIARY TOTAL PRICE CALENDAR DAYS , BIDDER agrees that all Work awarded will be completed within _O~ Calendar Days. Contract time will commence to mn as provided in the Contract ~6cuments. Communications concermng this Bid shall be addressed to the address of BIDDER indicated on the applicable signature page. BIDDER understands that the Owner is exempt from State Limited Sales and Use Tax on tangible personal property to be incorporated into the project. Said taxes are not included in the Contract Price (See Instructions to Bidders). The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. The City of Coppell reserves the right to delete any portion of this project as it may deem necessary to stay within the City's available funds. Should the City elect to delete any portion, the contract quantities will be adjusted accordingly. SUBMITTED on October 26, ': , 1994. 17 Bidding and Contract Documents BID AFFIDAVIT The undersigned certifies that the bid prices contained in this bid ha,.e been carefull.,.' reviev, ed and are submitted as correct and final. Bidder further certifies and agrees to furnish any and'or all commodities upon which prices are extended at the price offered. and upon the conditions contained in the Specifications of the Invitation to Bid. The period of acceptance of this bid will be calendar days from the date of the bid opening./Period of acceptance will be ninety (90) calendar days unless otherwise indicated by Bidder. ~ STATE OF Texas COUNTY OF Tarrant BEFORE ME, the undersigned authority. a NotaD' Public in and for the State of on this day personally appeared B. Doug Alumbaugh who after being bv me Name duly sworn, did depose and say: "I. B. Douq Alumbaugh Name Architectural Utilities, Name of Firm foregoing on behalf of the said am a duly authorized office/agent for Inc. and have been duly authorized to execute the Architectural Utilities, Inc. Name of Firm I hereby certify that the foregoing bid has not been prepared in collusion with any other Bidder or individual(s) engaged in the same line of business prior to the official opening of this bid, Further, I certify that the Bidder is not now, nor has been for the past six (6) months, directly or indirectly concerned in any pool, agreement or combination thereof, to control the price of services/commodities bid on, or to influence any individual(s) to bid or not to bid thereon." Name and Address of Bidder: Architectural Utilities, Inc. 300 West Ramsey,~ Telephone: (817) 9264377 Title: vice President by: B. Do~g Signamre: SUBSCRIBED AND SWORN to before me by the above Fort Worth, Texas 76110 reed B. Doug Alumbau~lh on this the 26 day of October 1994. Public in and for the State of Texas 18 Bidding and Contract Documents I i' If BIDDER IS: An Individual By doing business as (Individual's Name~ (Seal) Business address Phone No. A Partnership By (Seal) (Firm Name) (General Partner) Business address Phone No. A Corporation ized torn~ Presld~n~ sign) (Title) ' 300 ~st R~y Fort Worth, Toxas 76110 (Corporate Seal) Attest Business address B. Dou~ Alumbaugh Phone No. 81 A Joint Venture By (Name) (Address) By (Name) (Address) (Each joint venture must sign. The manner of signing for each individual, partnership and corporation that is a partner to the joint venture should be in the manner indicated above. ) 19 Bidding and Contract Documents '! '! I" COUNTY (ies): COLLIN DENTON KAUFMAN DALLAS E LLI S ROCKWA LL SUTX2035A 09/23/1991 Rates Fringes Water and Sewer Lines/Utilities (Including Related Tunneling Where the Tunnel is 48" or Less in Diameter) LABORERS: Common Utility PIPELAYERS PLUMBERS & PIPEFITTERS POWER EQUIPMENT OPERATORS: Backhoe Crane Front End Loader Tunneling Machine (48" or less) TRUCK DRIVERS 6.533 7.467 7.828 16.45 10.804 10.942 9.163 9.163 8.528 2.51 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a) l(ii)). END OF GENERAL DECISION TX930035 - 2 Bidding and Contract Documents EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the day of in the year 1994 by and between the CITY OF COPPELL, TEXAS, a municipal corporation (hereinafter called OWNER) and Architectural Utilities. Inc. (hereinafter called) CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafier set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: This project is generally located along the south side of Beltline Road from the Blooming Colors Nursery eastward to the Lone Star Gas Substation (west of Ledbetter Road). The project shall consist of the installation of approximately 1178 L.F. of 12" water line, approximately 2507 L.F. of 8" water line and approximately 236 L.F. of 8" water line northward beneath Beltline Road. The work shall be as shown on the construction plans (WA 94-01) and shall consist of furnishing all labor, equipment, tools and incidentals necessary to complete the work, including but not limited to: excavation, backfills, carrier pipe, disposal of waste material, etc., as described in the plans and specifications. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: East Beltline Road Water Line Installation WA 94-01 Article 2. ENGINEER. The Project has been designed by: City of Coppell Engineering Department Contract administration will be provided by the City of Coppell Engineering Department who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 20 Standard Form of Agreement Article 3. CONTRACT TIME. 3.1. The Work will be completed within 80 calendar days from the date when the Contract time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for daily (but not as a penalty) CONTRACTOR shall pay OWNER Two hundred forty and no/100 dollars ($240.00) for each day that expires after the time specified in paragraph 3.1 for Completion until the Work is complete. Article 4. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds subject to additions and deductions by Change Orders as provided in the contract documents in accordance with the unit prices listed in Section 1 - Proposal and Bid Schedule. The contact sum shall be the amount of $133,976.54. The total tangible personal property cost included in the contract sum is One hundred thirty-three thousand. nine hundred seventy-six dollars and fifty-four cents. Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on or about the day of each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.9 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 21 Standard Form of Agreement 5.1.1. Prior to Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of Work completed. 90 % of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions). 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. Article 6. INTEREST. No interest shall ever be due on late payments. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions, and accepts the determination set forth in paragraph SC-4.2 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 7.2. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 7.1 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance, or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies, or similar information or data are or will be required by CONTRACTOR for such purposes. 22 Standard Form of Agreement 7.3. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies, or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.3 of the General Conditions. 7.4. CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. 7.5. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8. CONTRACTOR DOCUMENTS. The Contract Documents which comprise the entire agreement between CONTRACTOR concerning the Work consist of the following: 8.1. 8.2. 8.3. 8.4. 8.5. 8.6. This Agreement (pages 20 thru 25, inclusive). Exhibits to this agreement (pages __to__, inclusive). Certificate of Insurance. Notice of Award. General Conditions (pages 1 thru 33, inclusive). Supplementary Conditions (pages 26 thru 35). OWNER and 8.7. Specifications bearing the title: "Construction Specifications and Contract Documents for East Beltline Road Water Line Installation - WA 94-01 for the City of Coppell". 8.8. Drawings entitled: "East Beltline Road Water Line Installations - WA 94-01" 8.9. The following listed and numbered addenda: 23 Standard Form of Agreement .... ! "' I "T' " !"' 8.10. CONTRACTOR's Bid Proposal and Bid Schedule of Section 1 - Bidding and Contract Documents. 8.11. Documentation submitted by CONTRACTOR prior to Notice of Award (pages to , inclusive). 8.12. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.4 and 3.5 of the General Conditions. 8.13. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above), The Contract Documents may only be amended, modified, or supplemented as provided in paragraphs 3.4 and 3.5 of the General Conditions. Article 9. MISCELLANEOUS. 9.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (expect to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 24 Standard Form of Agreement Article 10. OTHER PROVISIONS. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on ~///~e4-~/b/~9 , 1994. OWNER: City of Coppell 255 Parkway Boulevard Coppell, TX 75019 TITLE: ATTEST: CONTRACTOR: Architectural Utilities, Inc. TITLE: Vice P!esident ATTEST: Address for giving notices: Address for giving notices: P.O. Box 478 Coppell, Texas 75019 Attn: Ken Griffin, P.E. Assistant City Manager/City Engineer 300 West Ramsey Fort Worth, Texas 76110 (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement. ) (If CONTRACTOR is a corporation, attach evidence of authority to sign.) 25 Standard Form of Agreement SUPPLEMENTARY CONDITIONS THESE SUPPLEMENTARY CONDITIONS AMEND THE STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT (NO. 1910-8, 1983 ED.) AS INDICATED BELOW. ALL PROVISIONS WHICH ARE NOT AMENDED OR SUPPLEMENTED REMAIN IN FULL FORCE AND EFFECT. ALL PROVISIONS AMENDED REMAIN IN FULL FORCE AND EFFECT AS AMENDED. ARTICLE 1 - DEFINITIONS SC-1. Calendar Day or Days: Any successive day or days of the week or month, no days being excepted. Engineer: The word "Engineer" in these contract documents and specifications shall be understood as referring to CITY ENGINEER, City of Coppell, P.O. Box 478, Coppell, TX 75019, Engineer of the Owner, or such other representatives as may be authorized by said owner to act in any particular position. Owner: The word "Owner" in these contract documents and specifications refers to the CITY OF COPPELL acting through its authorized representatives. Shop Drawings: Add the following language after the second reference to CONTRACTOR: "after his review and approval of same". All other terms used in these Supplementary Conditions which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1983 ed.) shall have the same meanings used in the General Conditions. ARTICLE 2 - PRELIMINARY MATTERS SC-2.2. Amend the first sentence by changing "ten copies" to be "five copies". SC-2.3. Delete paragraph 2.3 in its entirety and insert the following in lieu thereof: 2.3. The contract time will commence to run on the tenth day after the date of Notice to Proceed. 26 Supplementary Conditions SC-2.8. Amend the first sentence of paragraph 2.8 to delete the following: "Within twenty days after the effective date of the Agreement. but". SC-2.9. Amend the first sentence of paragraph 2.9. by addi~ the following at the beginning of the sentence: "If requested by Owner, Engineer or Contractor". SC-2.10. Add the following new paragraph 2.10 immediately after paragraph 2.09; Conflict of Interest 2.10. City Charter states that no officer of the City shall have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, or rights or interest in any land, materials, supplies or services. This prohibition does not apply when the interest is represented by ownership of stock in a corporation involved, provided such stock ownership amounts to less than one percent (1% ) of the corporation stock. Any violation of this prohibition will constitute malfeasance in office. Any officer or employee of the City found guilty thereof should thereby forfeit his office or position. Any violation of this prohibition with the knowledge, expressed or implied, of the persons or corporations contracting with the City shall render the contract voidable by the City Manager or the City Council. The Contractor represents that no employee or officer of the City has an interest in the Contractor. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REVISE SC-3.2. Add the following language at the end of the paragraph 3.2.: "If there is any conflict between the provisions of the Contract Documents and any such referenced standard specifications, manuals or codes, the provisions of the Contract Documents shall take precedence over that of any standard specifications, manuals or codes." ARTICLE 4 - AVAILABILITY OF LANDS: PHYSICAL CONDITIONS: REFERENCE POINTS SC-4.2.1.1. Add the following new paragraph 4.2.1.1 immediately after paragraph 4.2.1.: 27 Supplementary Conditions 4.2.1.1. In the preparation of Drawings and Specifications. ENGINEER has established and relied upon the following reports of explorations and tests of subsurface conditions at the site of the work: No Geotechnical explorations or tests of subsurface conditions have been performed. The Contractor may take borings at the site to satisfy himself as to subsurface conditions. Add the following new paragraph 4.3.3 immediately after 4.3.2: 4.3.3. Existing Utilities and Sewer Lines: The Contractor shall be responsible for the protection of all existing utilities or service lines crossed or exposed by the construction operations. Where existing utilities or service lines are cut, broken or damaged, the CONTRACTOR shall replace the utilities or service lines with the same type of original construction, or better, at his own cost and expense. If it is necessary to change or move the property of any owner or of a public utility, such property shall not be moved or interfered with until authorized by the ENGINEER. The right is reserved to the owner of any public utility to enter upon the limits of the project for the purpose of making such changes or repairs of their property that may be made necessary by the performance of this contract. SC-4.4.1. Add the following new paragraph 4.4.1 immediately after paragraph 4.4.: 4.4.1. Construction stakes shall be provided by the Contractor as per Item 4.4 of the General Conditions. Vertical control has been established as shown on the construction plans. Horizontal control can be established from existing inlets, street intersections or other utilities indicated on the construction plans. The Contractor shall be responsible for establishing all lines and grades, and the precise location of all proposed facilities. The ENGINEER may make checks as the Work progresses to verify lines and grades established by the Contractor to determine the conformance of the completed Work as it progresses with the requirements of the construction documents. Such checking by the Engineer shall not relive the Contractor of his responsibility to perform all Work in connection with Contract Drawings and Specifications and the lines and grades given therein. 28 Supplementary Conditions ARTICLE 5 - BONDS AND INSURANCE SC-5.1. Add following sentence: "Maintenance Bond shall be required in the amount of 50% for a 2 year period." SC-5.3. through SC-5.7. Delete sections 5.3 through 5.7 in their entirety and substitute the following in lieu thereof: 5.3. Insurance Required. The Contractor shall not commence work under this contract until he has obtained all insurance required under this paragraph and Item 1.26 of the North Central Texas Standard Specifications for Public Works Construction as amended October 17, 1991, and such insurance has been approved by the City, nor shall the Contractor allow any subcontractor to commence work on this subcontract until all similar insurance of the subcontractor has been so obtained and approved. 5.3.1. Compensation Insurance. The Contractor shall take out and maintain during the life of this contract Worker's Compensation Insurance for all of his employees at the site of the project and in case any work is sublet, the Contractor shall require the subcontractors similarly to provide Worker's Compensation Insurance for all of the latter employees unless such employees are covered by the protection afforded by the Contractor. In case any class of employee engaged in hazardous work under this contract at the site of the project is not protected under the Worker's Compensation statute, the Contractor shall provide and shall cause each subcontractor to provide adequate and suitable insurance for the protection of his employees not otherwise protected. The minimum amount of insurance shall be as follows: Each Accident Disease Each Employee Disease Policy Limit $100,000 $1oo,ooo $500,000 5.3.2. Commercial General Liability Insurance. Contractor shall take out and maintain during the life of this contract such General Liability Insurance (including explosion, collapses and underground damage coverage) as shall protect him and any subcontractor performing work covered by this contract, from claims for damages for personal injury, including accidental death, as well as from claims for property damages, which may arise from operations under this Contract, including blasting, when blasting is done on or in connection with the work of the project, whether such operations be by himself or by any subcontractor or by any one directly or indirectly employed by either of them. The minimum amount of insurance shall be as 29 Supplementary Conditions follows: General Aggregate Products - Components/ Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage (any one fire) Medical Expense (any one person) $1.000.000 $1.000.000 $600.000 $600.000 $50.OOO $5,000 5.3.3. Automobile Liability Insurance. The Contractor shall take out and maintain during the life of this contract such Automobile Liability Insurance for owned, hired and nonowned vehicles as shall protect him and any subcontractor performing work covered by this contract. The minimum amount of such insurance shall be as follows: Combined Bodily Injury and Property Damage Bodily Injury Bodily Injury Property Damage $600,000 per occurrence $250,000 per person $500,000 per accident $100,000 5.4. Protective Liability Insurance. The contractor shall take out and maintain during the life of this contract an owners protective liability insurance policy. Coverage shall be on an "occurrence" basis and the policy shall be issued by the same insurance company that carries the contractors liability insurance. The minimum amount of such insurance shall be as follows: Combined Bodily Injury and Property Damage $600,000 per occurrence $1,000,000 aggregate 5.5. Proof of Carriage of Insurance. The Contractor shall furnish the City with satisfactory proof of carriage of the Insurance required as required by paragraph 5.8. of the General Conditions. SC-5.8. Amend the first sentence of paragraph 5.8.: (i) by deleting the work "OWNER" in the third line of the first sentence and substituting the word "CONTRACTOR", (ii) by deleting the word "CONTRACTOR" in the seventh line of the first sentence and substituting the word "OWNER", AND (iii) by deleting the words "paragraphs 5.6 and 5.7." of the third line of the first sentence and substituting the words "paragraphs 5.3 and 5.4.". 3O Supplementary Conditions , ! SC-5.10. Delete paragraph 5.10. in its entirety and insert the following in lieu thereof: 5.10. If OWNER requests in writing that other special insurance be included in the property insurance policy, CONTRACTOR shall, if possible, include such insurance, and the cost thereof will be charged to OWNER by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site, CONTRACTOR shall in writing advise OWNER whether or not such other insurance has been procured by CONTRACTOR. SC-5.11.1. Amend paragraph 5.11.1 to delete reference to paragraphs 5.6. and 5.7. in the 4th line and substitute the words "paragraph 5.4. ", and delete the word" OWNER" in the next to last line and substitute the work "CONTRACTOR". SC-5.11.2. Delete paragraph 5.11.2 in its entirety and insert the following in lieu thereof: 5.11.2. CONTRACTOR intends that any policies provided in response to paragraph 5.4 shall protect all of the parties insured and provide coverage for all losses and damages caused by the perils covered thereby. Accordingly, all such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any of the parties named as insured or additional insured, and if such waiver forms are required of any' Subcontractor, CONTRACTOR will obtain the same. SC-5.12. Amend the first sentence of paragraph 5.12 to delete reference to paragraphs 5.6. and 5.7. and substituting the words "paragraph 5.4 of the Supplementary Conditions." SC-5.14. Delete paragraph 5.14. in its entirety and insert the following in lieu thereof: 5.14. If OWNER has any objection to the coverage afforded by or other provisions of the insurance required to be purchased and maintained by CONTRACTOR in accordance with paragraphs 5.3 and 5.4 of on the basis of its not complying with the Contract Documents, OWNER shall notify CONTRACTOR in writing thereof within ten days of the date of delivery of such certificates to OWNER in accordance with paragraph 2.7. Failure by OWNER to give any such notice of objection within the time provided shall constitute acceptance of such insurance purchased by the CONTRACTOR as complying with the Contract Documents. 31 Supplementary Conditions SC-5.15. Amend the first sentence of paragraph 5.15 to delete the word "substantial". ARTICLE 6 ~ CONTRACTOR'S RESPONSIBILITIES SC-6.7.1. Amend the sixth sentence of paragraph 6.7.1 to delete the work "substantial". SC-6.15.1 Add the following new paragraph 6.15.1 immediately after paragraph 6.15.: 6.15.1. Recent legislation has removed the sales tax exemption previously provided by Section 151.311 of the Tax Code covering tangible personal property purchased by a contractor for use in the perfonnance of a contract for the improvement of City-owned realty. It is still possible, however, for a contractor to make tax-free purchase of tangible personal property which will be incorporated into and become part of a City construction project through the use of a "separated contract" with the City. A "separated contract" is one which separates charges for materials from charges for labor. Under such a contract, the contractor becomes a "seller" of those materials which are incorporated into the project, such as bricks, lumber, concrete, paint, etc. The contractor issues a resale certificate in lieu of paying the sales tax at the time such items are purchased. The contractor then receives an exemption certificate from the City for those materials. (This procedure may not be used, however, for materials which do not become a part of the finished product. For example, equipment rentals, from materials, etc. are not considered as becoming "incorporated"into the project). Utilization of this "separated contract" approach eliminates the need for bidders to figure in sales tax for materials which are to be incorporated into the project. The successful bidder's bid form will be used to develop the "separated contract" and will determine the extent of the tax exemption. Upon execution of the construction contract, the contractor shall furnish a breakdown (per item) of 1) materials incorporated into the project; and 2) labor, equipment, supervision and materials not incorporated into the project. SC-6.20. Amend the last sentence of paragraph 6.20 to delete the word "substantial". 32 Supplementary Conditions ARTICLE 7 - OTHER WORK SC-7.1. Delete the last sentence of paragraph 7.1 and substitute the following: The ENGINEER shall coordinate such other work with the CONTRACTOR and schedule events to minimize delay caused to the CONTRACTOR. No additional time shall be given to the CONTRACTOR for such related work except as provided in paragraph 7.5 and Article 12. SC-7.5. Add the following new paragraph 7.5 immediately after paragraph 7.4.: 7.5. Should CONTRACTOR cause damage to the work or property of any separate Contractor at the site, or should any claim arising out of CONTRACTOR'S, OWNER, ENGINEER, Consulting Engineer or any other person, CONTRACTOR shall promptly attempt to settle with such other Contractor by agreement, or to otherwise resolve the dispute by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER, ENGINEER and Consulting Engineer harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any. separate Contractor against OWNER, ENGINEER or Consulting Engineer to the extent based on a claim arising out of CONTRACTOR'S performance of the Work. Should a separate Contractor cause damage to the work or property of CONTRACTOR or should the performance of work be any separate Contractor at the site give rise to any other claim, CONTRACTOR shall not institute any action, legal or equitable, against OWNER, ENGINEER or Consulting Engineer or permit any action against any of them to be maintained and continued in its name or for its benefit in any court or before any arbiter which seeks to impose liability on or to recover damages from OWNER, ENGINEER or Consulting Engineer on account of any such damage or claim. If CONTRACTOR is delayed at any time in performing or furnishing Work by any act or neglect of a separate Contractor and OWNER and CONTRACTOR are unable to agree as to the extent of any adjustment in Contract Time attributable thereto, CONTRACTOR may make a claim for an extension of time in accordance with Article 12. An extension of the Contract Time shall be CONTRACTOR's exclusive remedy with respect to OWNER, ENGINEER and Consulting Engineer for any delay, disruption, interference or hindrance caused by any separate Contractor." ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION SC-9.2. Amend the last sentence of paragraph 9.2. to delete the following: "as an experienced and qualified design professional". 33 Supplementary Conditions SC-9.10. Delete Paragraph 9.10 in its entirety and insert the following in lieu thereof: 9.10. ENGINEER will have authority to determine the actual quantities and classifications of items of Unit Price Work performed by CONTRACTOR, and the written decisions of ENGINEER on such matters will be final, binding on OWNER and CONTRACTOR and not subject to appeal (except as modified by ENGINEER to reflect changed factual conditions). ENGINEER will make determination of actual quantities in accordance with Measurement Methods identified for Unit Price Work where such methods are so identified in the Contract Documents. ARTICLE 11 - CHANGE OF CONTRACT PRICE SC-11.9.3. Paragraph 11.9.3 is hereby deleted in its entirety and the following, including new paragraph 11.9.3.1 through 11.9.3.4, is substituted in lieu thereof: 11.9.3. "The unit price of an item of Unit Price Work shall be subject to re-evaluation and adjustment under the following conditions: 11.9.3.1. if the total cost of a particular item of Unit Price work amounts to 5% or more of the Contract Price and the variation in the quantity of that particular item of Unit Price Work performed by Contractor differs by more than 20%, both over and under, from the estimated quantity of such item indicated in the Agreement; and 11.9.3.2. if there is no corresponding adjustment with respect to any other item of Work; and 11.9.2.3. if CONTRACTOR can demonstrate that it has incurred additional expense as a result thereof; or 11.9.3.4. if OWNER can demonstrate that the quantity variation entitles it to an adjustment in the unit price, either OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 if the parties are unable to agree as to the effect of any such variations in the quantity of Unit Price Work performed." ARTICLE 12 - CHANGES OF CONTRACT TIME SC-12.2. Add the following at the end of paragraph 12.2.: "No extension of the contract time shall be allowed unless the CONTRACTOR can demonstrate the delay caused an adverse impact 34 Supplementary Conditions '1 ...........! !'1 .... to the critical path and that loss of time can not be made up by revising the sequence of the work of the project." ARTICLE 13 - WARRANTY AND GUARANTEE: TESTS AND INSPECTIONS: SC-13.4.1. Add the following new paragraph 13.4.1. immediately after paragraph 13.4.: 13.4.1. Observation of the contractor' s work to determine compliance with the plans and specifications will include testing of materials installed on the project. Testing of work performed and materials furnished shall be done by a commercial laboratory employed by the Contractor and acceptable to the OWNER. The Contractor shall furnish. at his own expense. all necessary specimens for testing of the materials. All materials not conforming to the requirements of the specifications will be rejected. SC-13.12. Amend the first sentence of paragraph 13.12 to change the words "one year" to "two years ". ARTICLE 17 - Miscellaneous SC-17.2.1. Delete in it's entirety. 35 Supplementary Conditions SPECIFIC PROJECT REQUIREMENTS SPECIFIC PROJECT REOUIREMENTS The construction specifications which apply to this project are the Standard Specifications for Public Works Construction - North Central Texas prepared through the North Central Texas Council of Governments (C . O. G. ). The following Specific Project Requirements contain general and specific project requirements applicable to this project in the City of Coppell. These individual specifications control for this project. Additional amendments to the C.O.G. Standard Specifications are contained in Section 3 - Special Provisions to Standard Specifications for Construction. In the event that an item is not covered in the Project Drawings and these Specifications, then the Standard Specifications for the City of Coppell, Texas shall apply. 37 Specific Project Requirements SECTION 2 - SPECIFIC PROJECT REQUIREMENTS 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 OWNER: The "Owner" as referred to in these Specifications is the City of Coppell. P.O. Box 478. Coppell, Texas 57019. 1.9 ENGINEER: The "Engineer" as referred to in these Specifications is the City Engineer. City of Coppell, Engineer of the Owner. or such other representatives as may be authorized by said owner to act in any particular position. CITY OF COPPELL: All improvements described in this Proposal and Construction Drawings shall be done in accordance with the Project Drawings and Specifications. In the event that an item is not covered in the Project Drawings and Specifications, then the Standard Specifications for Construction for the City of Coppell, Texas shall apply. SITE: The Contractor shall limit his work to the area shown on the Project Drawings as within the street right-of-way. Entrance onto private property shall be at the expressed approval of the ENGINEER, only. PROJECT DESCRIPTION: This Contract consists of the construction of water improvements on East Beltline Road as shown in the construction plans (WA 94-01). CALENDAR DAY COUNT: Calendar days shall be counted by the Engineer on the basis of the definition set out in the General Conditions of Agreement. The calendar day count shall be suspended upon receipt by the Engineer of a written request for final inspection. The calendar day count shall resume upon receipt by the Contractor of a written list of items necessary to satisfactorily complete the project. This process shall continue until such time as the project is accepted by the Engineer, and the Owner. The calendar day count will not be suspended or otherwise affected by use of completed portions or "substantial completion" of any of the project. SAFETY PRECAUTIONS: The Contractor shall comply with all applicable laws including the Occupational Safety and Health Act of 1970, ordinances, rules, regulations and order of any public authority have jurisdiction for the safety of persons or property to protect them from damage, injury or loss. He shall erect and maintain, as required by existing conditions and progress of the work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. SOIL INVESTIGATION: A geotechnical investigation report has not been prepared. The Contractor shall visit the site and acquaint himself with the site conditions. SURVEY AND FINISHED GRADES: The Contractor shall be responsible for installation of the water lines to plus or minus 0. 10-foot of the elevations shown on the 38 Specific Project Requirements 1.10 1.11 1.12 1.13 1.14 construction plans. Horizontal and vertical control is provided by the owner as shown on the plans. The Contractor shall be responsible for layout and staking of all grades and lines for construction. The Contractor shall preserve all stakes or markings until authorized by the Engineer to remove same. The Contractor shall bear the cost of the re-establishing any control or construction stakes destroyed by either him or a third party and shall assume the entire expense of rectifying work improperly constructed due to failure to maintain established points and marks. No separate payment shall be made to the Contractor for construction staking which shall be considered incidental to the project and payments made under specific Pay Items shall be considered as full compensation for these requirements. CONFORMITY WITH DRAWINGS: All work shall conform to the lines, grades, cross-sections, and dimensions shown on the Drawings. Any deviation from the Drawings which may be required by the exigencies of construction will be determined by the Engineer and authorized by him in writing. TESTING LABORATORY SERVICE: The Contractor shall make arrangements with an independent laboratory acceptable to the owner for all backfill compaction, concrete and other testing as required by the construction plans and standard specifications. The Contractor shall bear all related costs of tests, inspections or approvals. The Contractor shall notify the ENGINEER in a timely manner of when and where tests or inspections are to be made so that they may be present. Two copies shall be provided to the Owner of all reports and laboratory test results. No separate payment shall be made to the Contractor for the cost of geotechnical testing services which shall be considered incidental to the project. SUSPENSION OF WORK: If the work should be stopped or suspended under any order of the court, or other public authority, the Owner may at any time during suspension upon seven days written notice to the Contractor, terminate the Contract. In such an event, the Owner shall be liable only for payment for all work completed plus a reasonable cost for any expenses resulting from the termination of the Contract, but such expenses shall not exceed $5,000. PRESERVATION OF TREES: Permission of the Engineer must be obtained for removal of trees on the property that obstruct the installation of the improvements as outlined in this project. Penalty for destruction of a tree without permission shall be $500.00 each payable to the Owner. If damage is continuous, tree guards shall be erected when so directed by the Engineer at the Contractor's expense. COOPERATION OF CONTRACTOR: The Contractor shall have on the project at all times, as his agent, a competent Superintendent capable of reading the plans and 39 Specific Project Requirements 1.15 specifications and thoroughly experienced in the type of work being performed. The Superintendent shall have full authority to execute orders or directions and to promptly supply such materials, equipment. tools. labor and incidentals as may be required. Such superintendence shall be furnished irrespective of the amount of work contracted. The Superintendent and the Contractor shall be responsible for supervision of all work performed by the subcontractor at all times during construction. WARNING DEVICES: The Contractor shall have the responsibility to provide and maintain all warning devices and take all precautionary measures required bylaw to protect persons and property while said persons or property are approaching, leaving or within the work site or any area adjacent to said work site. No separate compensation will be paid to the Contractor for the installation or maintenance of any warning devices, barricades, lights, signs or any other precautionary measures required by law for the protection of persons or property. The Contractor shall assume all duties owned by the City of Coppell to the general public in connection with the general public's immediate approach to and travel through the work site and area adjacent to said work site. Where the work is carried on, in, or adjacent to, any street, alley, sidewalk, public right- of-way or public place, the Contractor shall at his own cost and expense provide such flagmen and watchmen and furnish, erect and maintain such warning devices, barricades, lights, signs and other precautionary measures for the protection of persons or property as are required by law. The Contractor's responsibility for providing and maintaining flagmen, watchmen, warning devices, barricades, signs, and lights, and other precautionary measures shall not cease until the project shall have been accepted. If the Engineer discovers that the Contractor has failed to comply with the applicable federal and state law (by failing to furnish the necessary flagmen, warning devices, barricades, lights, signs or other precautionary measures for the protection of persons or property), the Engineer may order such additional precautionary measures as required by law to be taken to protect persons and property, and to be reimbursed by the Contractor for any expense incurred in ordering such additional precautionary measures. In addition, the Contractor will be held responsible for all damages to the work and other public or private property due to the failure of warning devices, barricades, signs, lights, or other precautionary measures in protecting said property, and whenever evidence is found of such damage, the Engineer may order the damaged portion immediately removed and replaced by and at the cost and expense of the Contractor. If the damages are not corrected in a timely fashion, then the City shall have the right to repair the damage and charge the cost back to the Contractor. All of this work is considered incidental and shall not be separate pay item. 40 Specific Project Requirements 1.16 1.17 1.18 1.19 EXISTING UTILITIES, STRUCTURES AND OTHER PROPERTY: Prior to any excavation. the Contractor shall determine the locations of all existing water. gas sewer. electric. telephone. telegraph. television. and other underground utilities and structures. After commencing the work. 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. d, The Contractor shall repair or pay for all damage caused by his operations to all existing utilities, public property, and private property, whether it is below ground or above ground, and he shall settle in total cost of all damage suits which may arise as a result of this operations. To avoid unnecessary interferences or delays, the Contractor shall coordinate all utility removals, replacements and construction with the appropriate utility company. DRAINAGE: The Contractor shall maintain adequate drainage at all times. PROJECT MAINTENANCE: The Contractor shall maintain, and keep in good repair, the improvements covered by these plans and specifications during the life of the contract. CLEANUP: During Construction. The contractor shall at all times keep the job site as free from all material, debris and rubbish as is practicable and shall remove same from any portion of the job site when it becomes objectionable or interferes with the progress of the project. Final. Upon completion of the work, the Contractor shall remove from the site all plant, materials, tools and equipment belonging to him and leave the site with an appearance acceptable to the Engineer and the Owner. The Contractor shall thoroughly clean all equipment and materials installed by him and shall deliver over such materials and equipment in a bright, clean, polished and new-appearing condition. 41 Specific Project Requirements 1.20 1.21 1.22 1.23 INSPECTION: The word "Inspection" or other forms of the word. as used in the contract documents for this project shall be understood as meaning an Owner's agent will observe the construction on behalf of the Owner. The agent will observe and check the construction in sufficient detail to satisfy himself that the work is proceeding in general accordance with the contract documents. but he will not be a guarantor of the Contractor's performance. DISPOSAL OF WASTE AND SURPLUS EXCAVATION: All trees, stumps, slashings, brush or other debris removed from the site as a preliminary to the construction shall be removed from the property. Any required burning and disposal permits shall be the sole responsibility of the Contractor. All excavated earth in excess of that required for backfilling shall be removed from the job site and disposed of in a satisfactory manner. WATER FOR CONSTRUCTION: The Contractor shall make the necessary arrangement for securing and transporting all water required in the construction, including water required for mixing of concrete, sprinkling, testing, flushing, flooding, or jetting. The Contractor shall provide water as required at his own expense. GUARANTEE: All work shall be guaranteed against defects resulting from the use of inferior materials, equipment or workmanship for a period of two (2) years from the date of final completion and acceptance of the project. 42 Specific Project Requirements SPECIAL PROVISION TO STANDARD SPECIFICATIONS FOR CONSTRUCTION 43 SPECIAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION These Special Provisions. modify. or supplement the Standard Construction Specifications of the North Central Texas Standard Specifications. All provisions which are not so modified or supplemented remain in full force and effect, except payment shall be as established in Section 1 entitled "Proposal and Bid Schedule". PART II: MATERIALS - DIVISION 2 ITEM 2.1.5. TRENCH BACKFILL: (b) Types "B" and "C" (4) Additional Requirements (B) Additional Requirements for Type "C" backfill when used in streets: Insert the following paragraph at the beginning of this subsection: "All trench backfill shall be compacted to between 95 percent and 100 percent of Standard Proctor Density as determined by ASTM D-698 at, or up to five (5) percentage points above, optimum moisture content, using mechanical compaction methods unless otherwise specified in the Plans. Water jetting may be used only with specific written permission of the Engineer." ITEM 2.1.6. RIPRAP OR STONE MASONRY: (b) Materials and Dimensions (4) Mortar Riprap. Add the sentence: Mortar or concrete type shall be approved by the Engineer and shall conform to A.S.T.ML C 387-83. ITEM 2.1.7. PIPE BEDDING MATERIAL FOR STORM SEWERS: (a) General: Amend the first sentence, by striking the words "requirements for earth bedding" and replace with "recommendations of the pipe manufacturer, and shall be approved by the Engineer". (b) paragraph: Engineer." Earth Bedding: Add the following sentence at the beginning of this "Earth bedding will not be permitted without written approval of the 44 Standard Specifications for Construction ITEM 2.2.2. CHEMICAL ADMIXTURES: (d) Mineral Admixtures. Delete paragraph (d) in its entirety. The use of Fly Ash as an admixture in any Class of concrete is specifically prohibited without written approval of the Engineer. PART III DIVISION 3 - SITE PREPARATION ITEM 3.1.2. CONSTRUCTION METHODS: Add the following sentence after the second sentence: The method of protection shall be 2 inch by 4 inch wood railing unless otherwise shown on the Plans or directed by the Engineer. ITEM 3.7.3. DENSITY: Strike the first sentence and replace with the following: "Earth embedment and select material shall be compacted to between 95 percent and 100 percent of Standard Proctor Density as determined by ASTM D-698 at, or up to five (5) percentage points above, optimum moisture content, using mechanical compaction methods, unless otherwise specified in the Plans or Specifications." PART IV: DIVISION 4 - SUBBASE AND BASE COURSES ITEM 4.8.4. CONSTRUCTION METHODS: (b) Compaction Amend the last sentence of the first paragraph, by striking the words: "90 percent of the maximum dry density of such material." and replace with the words "95 percent of the maximum dry density of such material, or as directed by Engineer. PART V: DIVISION 5 - PAVEMENT AND SURFACE COURSES ITEM 5.8.2. CONSTRUCTION METHODS (e) Joints (1) Expansion Joints: Delete the first paragraph and replace with the following: "Expansion joints shall be installed perpendicularly to the surface and centerline of the pavement. Expansion Joint material shall be redwood boards, 3/4-inch in width, and extended through curbs. Expansion joints are to be installed at each end of radius at street intersections. Expansion joints shall be equally spaced between intersections with not less than one every 200 linear feet of pavement, unless otherwise 45 Standard Specifications for Construction specified on the Plans or directed by the Engineer. (C) Proximity to Existing Structures: Add to end of sentence. "or as directed by the Engineer". (2) Contraction Joints. Delete the first sentence of the first paragraph and insert the following: "Contraction or dummy joints shall be sawed to 1-1/4 inches in depth, and 1/4 inch in width, and installed every 20 linear feet of pavement. and extend through curb, unless otherwise directed by the Engineer." (h) Finishing. (1) Machine. Add the following paragraph at the end of this subsection: "Fog sprays powered by pressure pumps, and capable of covering the entire area of freshly placed concrete with a fine mist, shall be used if water is needed for finishing operations." (2) Hand. Add a new paragraph after first paragraph which reads as follows: "Fog sprays powered by pressure pumps, and capable of covering the entire area of freshly placed concrete with a fine mist, shall be used if water is needed for finishing operations." PART VI: DIVISION 6 - UNDERGROUND CONDUIT CONSTRUCTION ITEM 6.2.9. BACKFILL: (b) Compaction. (2) Densities - Areas Not Subjected to or Influenced by Vehicular Traffic. Amend the second sentence by striking the words "to a density comparable with adjacent undisturbed material" and replacing with "to a density between 95 percent and 100 percent Standard Proctor Density as determined by ASTM D-698 at, or up to five (5) percentage points above, optimum moisture content, unless otherwise specified in the Plans or directed by the Engineer." 46 Standard Specifications for Construction DESCRWTION OF PAY ITEMS U' SECTION 4 - DESCRIPTION OF PAY ITEMS This section includes comments concerning various Pay Items so that the contractor can fully understand the scope of work involved in the Pay Items. Construction No Pay Items: All work necessary for the orderly completion of the project. but not specifically included as a pay item in the Proposal, shall be considered subsidiary to the Contract and no separate or additional payment will be made therefore. For example. there shall be no separate payment for the following: (a) any curb, gutter or valley gutter replacement necessitated by removal or damage during construction, (b) removal and replacement of any signs, (c) any trench shoring, sheathing, de-watering or bracing shall be considered subsidiary to the pay items for PVC water pipe, (d) any connections to existing water mains (except service lines), (e) any blocking necessary for change in pipe direction, (f) any kinds of existing water mains, (g) any concrete encasement, (h) any relocation or reconnection of existing fire hydrants, (i) old valve removal, (j) use of retainer glands (required but considered subsidiary to the pay items for PVC water pipe), (k) any required temporary water lines to insure the existing 2" water line is kept in service, (1) saw cutting, removing and replacing concrete rip rap as shown on Sheets 4 & 5. Construction Pay Items: Pay items as listed in the proposal shall be measured and paid for in accordance with the applicable measurement and payment paragraphs of the North Central Texas Council of Governments "Standard Specifications for Public Works Construction", unless modified by these special provisions. 2.1. Pay Items #1 & #2 PVC Water Pipe: This work shall include the installation and construction, complete in place of the pipe conduit, M.J. bends, reducers, tees, crosses, retainer glands and other fittings in conformity with the lines, grades, and materials shown on the plans. Measurement and Payment shall be made on the basis of the bid price per linear foot (LF) and shall be the total compensation for furnishing all labor, materials, and equipment necessary to complete the work, including excavation, trench shoring, backfill, blocking, concrete encasements, saw cutting, removing and replacing concrete rip rap as shown on Sheets 4 & 5 and disposal of any excess material. 2.2. Pay Item #3 Gate Valves: All gate valves, tapping valves and tapping tee and valves shall be in compliance with Item 2.13 Valves of the NCTCOG Standard Specifications for Public Works Construction. Measurement and payment shall be made on the basis of the contract price bid per each (ca) and shall be total compensation for furnishing all labor, materials and equipment necessary to complete the work. 48 Description of Pay Items 2.3. 2.4. Pay Item #4 Reconnect existing 2" service line and reset water meter: This work shall consist of disconnecting the existing 2" water service line at the west end of the project and reconnecting it at the east end of the project. This work shall consist of resetting the existing meter and installing adequate amount of 2" pipe to reconnect the water line to the meter. The exact location of the 2" water line is unknown. All work shall be coordinated with the owner of the business at the southeast corner of Ledbetter and Beltline. Measurement and Payment shall be made on the basis of the contract price per each (ea), regardless of the quantity of 2" water line, and will be total compensation for furnishing all labor, materials and equipment necessary to disconnect and reconnect the 2" water line and meter. Pay Item # 5 Bore and Install pipe beneath Beltline road: This work shall include the cost incurred for boring under Beltline Road as shown on Sheet 6 of the plans. The cost is complete in place including the bore, 14" steel casing pipe, grouting of casing pipe, bore pits, shoring and the 8" PVC pipe to complete the work. All boring shall be dry boring as per the City of Coppell specifications. Measurement and Payment shall be made on the basis of the price bid per linear foot (LF) and shall be total compensation for furnishing the 14" steel casing, 8" PVC pipe, excavating and recompacting the bore pits, all necessary shoring and for all labor and equipment necessary to complete the work. Any additional boring shall be considered subsidiary to the unit price bid for items 1 & 2 and no additional payment will be made. 2.5. 2.6. Pay Item #6 Air Release Valve: This work shall include the installation and construction of air release valves complete in place in accordance with the City of Coppell Standard Construction Details. Measurement and Payment shall be made on the basis of the price bid per each (ca) and shall be total compensation for furnishing all labor, materials and equipment necessary to complete the work. Pay Item/~7 2" Blow Off: This work shall include the installation and construction of a 2" Blow Off valve complete in place in accordance with the City of Coppell Standard Construction Details. Measurement and Payment shall be made on the basis of the price bid per each (ea) and shall be total compensation for furnishing all labor, materials and equipment necessary to complete the work. 49 Description of Pay Items 2.7. 2.8. Pay Item #8 Fire Hydrant w/Gate Valve: This work shall include the installation and construction of a fire hydrant w/gate valve complete in place in accordance with the City of Coppell Standard Construction Details. Measurement and Payment shall be made on the basis of the price bid per each (ea) and shall be total compensation for furnishing all labor, materials and equipment necessary to complete the work. Pay Item #9 Temporary 2" Water Line: This work shall include providing a temporary water line to the business at the southeast corner of Ledbetter and Beltline, if the construction interferes with the current 2" water line. The temporary 2" water line may be placed above ground upon approval of the Water Superintendent. The installation shall be in accordance with accepted construction practices. Measurement and Payment shall be made on the basis of the price bid per L.F. and shall be total compensation for furnishing all labor, materials and equipment necessary to complete the work. Testing and Chlorination of Water Pipe: All water lines installed by this contract shall be tested and chlorinated in accordance with standard City procedures and requirements. Clean-up of the site and disposal of excess material: Clean-up of the site and disposal of excess material shall be considered incidental to, and part of the installed pipe prices without separate payment. 50 Description of Pay Items STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT This document has irr,,~ortznt '.e~~.:. c, cnseque;.ces; cc.",s:.t::t.::- .... tn zr. ::,,crr. e.. ,seT. cc_:--~-z .,,t:-. respect to its completion or modification. STA2N"DARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by Engineers' Joint Contract Documents Committee and Isiued and Published Jointly By PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE · A practice dMsion of lice NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS CONSTRUCTION SPECIFICATIONS INSTITUTE This document has been approvcd and endorsed by The Associated Gen Contractors of America These General Conditions have been prepared for use with the Owner-Contractor Agreements (No. 1910-8-A-1 or 1910-8-A-2, 1983 editions)· Their provisions arc interrelated and a change in one may necessitate a change in the others. Comments concerning their usage arc contained in the CommeRtary on Agreements'for Engi~eering Services and Contract Documents, No.' i910-9, 1981 'ediliea. For guidance in the preparation of Supplementary ~2~ficlitio'ni, 'see Guide to the Preparation of Supple- mentary Conditions (No. 1910-17, 1983 edition). When bidding is involved, the Standard Form of Instructions to Bidders CNo. 1910-12, 1983 edition) may be used. No. 1910-8 (1983 Editior~) 1983 National Society of Professional Engineers 2029 K Street, N.Vv., Washington, D.C. 20006 American Consulting Engineers Council 1015 15th Street, N.W., Washington. D.C. 20005 American Society of Civil Engineers 345 East 47th Street. New York. NY 10017 Construction Specifications Institute 601 Madison St., Alexandria. VA 22314 I .... !' " ! I TABLE OF CONTENTS OF GENERAL CONDITIONS Article Number I Title Page DEFINITIONS ...................................................... PRELIMINARY MA'TTERS ........................................ 8 CONTRACT DOCUMENTS: INTENT, AMENDING AND REI~SE ............................... 9 4 AVAILABILITY OF LANDS: PHYSICAL CONDITIONS: REFERENCE POINTS .............................................. 10 5 BONDS AND INSURANCE ........................................ t I 6 CONTRACTOR'S RESPO.×SIB[LITIES ............................ T OTHER WORK ..................................................... 8 OWNER'S RESPONSIBILITIES ..................... ~ .'.~.. .......... 19 9 ENGINEER'S STATUS DI.:Ri.~G CONSTRUCTIO.~ .............. 19 10 CHANGES IN THE WORK ......................................... I I CHANGE OF CONTRACT PRICE .................................. 21 12 CHANGE OF CONTRACT TI.%IE ................................... 13 WARRANTY AND GUARA.~.'TEE: TESTS AND INSPECTIONS: CORRECTION. RE.~IOVAL OR ACCEPTANCE OF DEFECTIVE WORK ........................... 24 14 PAYMENTS TO CONTRACTOR AND COMPLETION ............ 26 15 SUSPENSION OF WORK AND TERMINATION .................. 29 16 ARBITRATION ..................................................... 17 MISCELLANEOUS ................................................. 32 I ' '! [] l' "':' " I~'DEX TO OEh'ERAL CO.~DITIONS .4r::'c.'e cr .%'z,:...ber Acceptance of Insurance ............................. Access to the Work .................................. 15.2 Addenda--<le~nition of(see definition of Specifications) ........................................ 1 Agreement--definition of ................................ 1 All Risk Insurance ..................................... Amendment. Written ............................. 1.3. I. Application for Payment---definition of .................. 1 Application for Payment, Final ...................... 14.12 Application for Progress Payment .................... 1~..2 Application for Progress Payment--review of .... IJ,.4-14.7 Arbitration ............................................. 16 Authorized Variation in Work ............ . ..............9.5 Availability of Lands .................................. 4. ! Award, Notice of--defined .............................. I Before Starting Construction ...................... 2..5-2.7 Bid---definition of ....................................... I Bonds and Insurance--in general ........................ Bonds---definition of ..................................... I Bonds, Delivery of ............................... 2- i..~. I Bonds, Performance and Other .................... 5. I-.~.2 Cash Allowances ..................................... 11.8 Change Order-definition of ............................. I Change Orders--to be executed ...................... 10.-' Changes in the Work ................................... Claims. Waiver of--on Final Payment ............... 14.16 Clarifications and Interpretations ...................... 9.-' Cleaning ............................................. 6.17 Completion ............................................. I-~ Completion. Substantial ......................... 14.8-14.9 Conference. Proconstruction .......................... Conflict. Error. Discrepancy--Contractor to Report ...................................... 2.5..:.3 Construction Machinery. Equipment. etc .............. 6.4 Continuing Work ..................................... 6.29 Contract Documents--amending and supplementing .................................. 3.4-3.5 Contract Documents--definition or ...................... i Contract Documents--Intent ...................... 3.1-3.3 Contract Documents--Rouse of ....................... 3.6 Contract Price, Change of .............................. I I Contract Price--definition ............................... I Contract Time, Change of .............................. 12 Contract Time, Commencement of .................... 2.3 Contract Time-definition of ............................ I Contractor-definition of ................................ I Contractor May Stop Work or Terminate ............. 1.5.3 Contractor's Continuing Obligation .................. 14.15 Contractor's Duty to Report Discrepancy in Documents .................................. 2..5, 3.2 Contractor's Fee--Cost Plus ... 11.4..5.6, il..5. I, 1 I-6-11.7 Contractor's Liability Insurance ....................... .5.3 Contractor's Responsibilities--in general ................ 6 Con:rac:or's ;Vatrant>' of Title ........................1-'.3 Centractors---o~her ......................................7 Contractual Liability Insurance ........................ Coordinating Conlractor~efinition of ................ Coordination .......................................... Copies of Documents .................................. Con'action or Removal of Defective Work ........... 13-II Correction Period, One Year ........................ 13.12 Correction, Removal or Acceptance.of Defective Work--in general ........................... 13.11-13.14 Cost--net decrease ................................. 11.6.2 Cost of Work .................................... 11.4-1 Costs, Supplemental ................................ I 1.4.-<, Day--definition of .......................................I DeftcHve-definition of .................................I Dej'tctive Work. Acceptance of ......................13.13 Defecfive Work. Correction or Removal of .......... 13.1 I De, receive Work--in general ............... 13, 14.7, I-s.!l De, Fectirt Work. Rejecting .............................9.6 Definitions ..............................................I Delivery of Bonds ..................................... 2. I Determination for Unit Prices ........................ 9.10 Disputes. Decisions by Engineer ................. 9.1 I-9. !" Documents. Copies of ......... : ....................... ".2 Documents. Record .................................. 6.19 Documents. Rouse .................................... .:.~ Drawings---definition-o.f ................................. I Easements ............................................ 4. I Effective date of Agreement-definition of ...............I Emergencies ......................................... 6.22 Engineer-definition of ..................................I Engineer's Decisions ............................ 9.10-9. I Engineer's--Notice Work is Acceptable ............. I~. Engineer's Recommendation of Payment ...... 14.4.1.4'. i.~ Engineer's Responsibilities. Limitations on .................................. 6.6.9.11,9.13-9.16 Engineer's Status During Construction--in general ...... 9 Equipment, Labor, Materials and .................. 6.3-6.6 Equivalent Materials and Equipment .................. 6.7 Explorations of physical conditions ................... Fee, Contractor's--Costs Plus ........................ 11.6 Field Order-.<lefinition of ...............................! Field Order--issued by Engineer ................ 3..5. I. 9..'3 Final Application for Payment ....................... 14.12 Final Inspection ..................................... 14. I I Final Payment and Acceptance ...................... 14.13 Final Payment. Recommendation of ........... 14.13- I ~. 14 General Provisions .............................. 17.3-17.4 General Requirements--definition of ..................... i General Requirements--principal references to ................. 2.6, 4.4, 6.4, 6.6-6.7, 6.23 Giving .xo',!c-, ..................................... Guarantee of 'A'Jrk--L-'/Con:rat:or ................... ~ :,. '. :ndemnification .......................... 6..:C.6.3:.-..~ ]ns.~ecfion, Finai .................................... !' I I Inspection, Tests and ................................. 13.3 Insurance, Bonds and--in general ....................... Insurance, Certificates of ........................... [nsurance---completect operations ...................... insurance, Contractor's Liability ...................... insurance, Contractual Liability ....................... insurance, Owner's Liability .......................... Insurance, Property .............................. 5.6-5.1 3 Insurance--Waiver of Rights ......................... 5.1 intent of Contract Documents ................... 3,3, 9.14 Interpretations and Clarifications ...................... 9.4 Investigations of physical conditions ................... 4.2 Labor, Materials and Equipment ....... - ........... Laws and Regulations--definition of ..................... 1 Laws and Regulations-general ....................... 6-14 Liability Insurancc--Contractor's ..................... Liability Insurance--Owner's ......................... Liens---definitions of ................................ 14.2 Limitations on Engincer's Responsibilities ..................... 6.6, 9.1 I. 9.13-9.[6 .~Iaterials and equipment--furnished by Contractor .... 6.3 ,',Iaterials and equipment--not incorporated in Work .............................. -Materials or equipment--equivalent ................... 6.7 Miscellaneous Provisions ............................... I Multi-prime contracts ................................... Notice, Giving or ..................................... 17. l Notice of Acceptability of Project ................... 14.13 Notice or Award--definition of .......................... I Notice to Proceed--definition of ......................... 1 Notice to Proceed--giving of .......................... 2.3 "Or-Equal" Items ..................................... 6.7 Other contractors ....................................... 7 Other work .............................................. 7 Overtime Work--prohibition of ........................ 6..3 Owner--definition of .................................... Owner May Correct De/ecrive Work ................. 13. Owner May Stop Work .............................. 13.10 Owner May Suspend Work. Terminate .......... 1~5.1-15.4 Owner's Duty to Execute Change Orders ............. I 1 .g Owner's Liability Insurance ........................... 3.3 Owner's Representative--Engineer to serve as ........ 9. I Owner's Responsibilities--in general .................... Owner's Separate Representative at site ............... Partial Utilization .................................. 14.10 Partial Utilization--definition of .........................I Partial Utilization---Property Insurance ............... ,5.1~ Patent Fees and Royalties ............................ 6.12 Payments, Recommendation of ........... 14.4-14.7, 14.13 Payments [o Contractor--in general .................... 14 ~3':m..~.-.ts '.o C,.'nt."a. ct3:'~'.~.Re.". c::.-,~ ........ '.-: .:. ?.?-:,merits to Centra:.tcr--',,.it.'R.'."'.eZd.:n~. ............... ',-: ' ?e~c'rmanc.- and e~h.~.; ~Dcncs ................. _~.:-_~.: P,'rmi:s ............................. 5 Physica! Co2d~:ions ................................. '.: Physical Condi?ons--En~ine~:'s r,,',lew . ........... 4"..:' P,",ysicai Conditions-..--~xistin.~ str~ctures ............. -' ".2 Physical Conditions.-.-~xplorations and reports ....... Physica! Conditions--possible document change ..... 4.2.5 Physical Conditions--price and time adjustments .... 4.2.5 Physical Conditions--report of differing ............. 4.2.3 Physical Conditions--Underground Facilities .......... Preconstruction Conference ........................... 2.S Preliminary. Matters ..................................... Premises, Use of ............... :.: .............. 6.16-6. Price, Change of Contract .............................. I I Price-Contract--definition of ............................ Progress Payment, Applications for ................... 14.2 Progress Paymcnt--rctainage ......................... 14.2 Progress schedule ............... 2.6, 2.9, 6.6, 6.29, 1.5,2.6 Project--definition of ....................................I Project Representation--provision for ................. 9.3 Project Representative, Resident--definition of .......... I Project, Starting the ................................... 2.4 Property Insurance ............................... ,5.6-,5.13 Property Insurance--Partial Utilization ............... 5. Property Insurance--Receipt and Application orProceeds ................................... 5.1~.-.~. !.~ Protection, S~ety and ........................... 6.20-6.21 Punch list ........................................... i-:'.11 Recommendation or Payment .................. I-'.4. Record Doc'-'mems ................................... 6. Reference Points' .'. .................................... Regulations. Laws and ............................... 6. I Rejecting D(f~ctive Work ............................. 9.6 Related Work at Site .............................. 7. I-T.,~ Remedies Not Exclusive ............................. IT.-' Removal or Correction of Defective Work ........... 13. I Resident Project Representative-definition of ........... I Resident Project Representative--provision for ........ 9.3 Responsibilities. Contractor's--in general ............... 6 Responsibilities. Engineer's--in general ................. 9 Responsibilities, Owner's--in general .................... Retainage ............................................ I.e.2 Rouse of Documents .................................. 3.5 Rights of Way ......................................... 4. I Royalties. Patent Fees and ........................... 6.12 Safety and Protection ............................6.20-6.21 Samples .........................................6.23-6.28 Schedule of progress ........ 2.6, 2.8-2.9, 6.6, 6.29, 15.2.6 Schedule of Shop Drawing submissions ...................... 2.6, 2.8-2.9, 6.23.14.1 Schedule of values ......................2.6, 2.8-2.9, 14. l Schedules, Finalizing ..................................2.9 Shop Drawings and Samples .....................6.23-6.28 Shop Drawings--definition of ............................ Shop Drawings, use to approve substitutions ......................................6.7.3 .... ! "'I i I "' Siie, Visi:s to,--by E,~ir. eer ........................... 9 Z S.ceci,;,cations--de.~nition of ............................. S:ar:ing Cons~r:c:ion. Before ..................... 5:ar:ing ;.~,e ProJect ................................... ;..:' S:opping Work--b:' Contractor ....................... S~o.~ping Work--by Owner .......................... Subcontrac:or--de~nifion of ............................. Subcontractors--in general ....................... 6.8-6.11 Subcontracts--required provisions ............ 5.11. I. 6. I I 11.-1.3 Substantial Completion--certification of .............. 14.8 Substantial Completion--definition of .................... Substitute or "Or-Equal" Items ....................... 6.7 Subsurface Conditions ............................. 4.2-4.3 Supplemental costs ................................. 11.4.5 Supplementary Conditions--definition of ................ I Supplementary Conditions--principal references to .. 2.2.4.2, 5.1.5.3, 5.6-5.8..6.3, 6.13.6.23. 7.4.9.3 Supplementing Contract Documents ............... 3.4-3.5 Supplier---definition of ................................... I Supplier--principal references to ... 3.6.6.5.6.7-6.9.6.20. 6.24,9.13,9.16, 11.8.13.4, 14.12 Surety--consent to payment .................. 14.12.14.14 Surety--Engineer has no duty to ..................... 9.13 Surety--notice to .......................... 10.1.10.5.15.2 Surety--qualification of ........................... 5. I-5.2 Suspending Work. by Owner ......................... 15.1 Suspension of Work and Termination--in general ....... 15 Superintendent--Contractor's ......................... 6." Supervision and Superintendence .................. 6. I-6.2 Taxes--Payment by Contractor ....................... 6.15 Termination--by Contractor .......................... 15.5 Termination--by Owner ......................... 15.2-15.4 Termination. Suspension of Work and--in general ...... 15 Tests and Inspections ........................... 13.3-13.7 Time. Change of Contract .............................. 12 Time. Com;~::a:io:', ef ............................... 17.2 Time. Can:rac:--d~5, ni:!cn 05. .......................... I L'nco'.ering \Vork ............................ L'ndergrocnd Fac:iit;es--de,;,:i:;cn of . ................... Undergrour. d Facilmes--no~ s~o~n or indica:ed ..... -:.3.2 Underground Facilities--.:,rotect~on of ........... 4.3, 6.20 Underground Facilities--sho~n or indicated ......... 4..:. I Unit Price Work--definition of .......................... I Unit P,~ce Work--general ................. 11.9.14.1.14.5 Unit Prices ......................................... I I..3. I Unit Prices. Determinations for .......................9.10 Use of Premises ................................. 6.16-6.18 Utility owners .......................... 6.13, 6.20.7.2-7.3 Values. Schedule of ......................... 2.6.2.9.14. I Variations in Work--Authorized ............ 6.25.6.27.9.5 Visits to Site--by Engineer ............................ 9.2 Waiver of Claims--on Final Payment ................ 14.16 Waiver of Rights by insured parties ............. 5.10. 6. I I Warranty and Guarantee--by Contractor ............. 13. I Warranty of Title. Contractor's ....................... 14.3 Work. Access to ..................................... 13.2 Work--by others ........................................ Work Continuing During Disputes .................... 6.29 Work. Cost of ................................... I 1.4-11 Work--definition of ..................................... 1 Work Direcfve Change---definition of ................... I Work Directire Change--principal references to ............................ 3.-1.3.10.1-102 Work. Neglected by Contractor ..................... 13. I' Work. Stopping by Contractor ........................ 15-5 Work. Stopping by OWner ....................... 15. 1-15.4 Written Amendment. definition of ...................... I Written Amendment--principal references to ..................... 3.4,1.10.1.11.2.12.1 GE.NE?,AL CONDiTiONS · -.,RTiZLE :--2,EFi.N~TZC>;S %Vher~", er usej !n :::ese GeT, erai Cax,.:Z::,,'::s 01 :n :he ,.':::er Can',fact Dccume.:ts the foi:o'.~!ng terms indicated ',, hich are apFiicable to bc~h :he s:nguZar and p~urai .4ddenda--\Vritten or graphic instruments issued ;riot ;o the opening of Bids which clarify. con'ect or change the bidding documents or the Contract Documents. Agreement--The written agreement between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a pan thereof as provided therein. Application for Payment--The form ac~:epted by ENGI- NEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to include such sup- parting documentation as is required by the Contract Documents. Bid--The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. Bonds--Bid, performance and payment bonds and other instruments of security. Cir,:,r,,,e Order--A document recommended by ENG IN EER. :~ hich is signed by CONTRACTOR and O%VN ER and autho- rizes an addition. deletion or revision in the Work. or an adjustment in the Contract Price or the Contract Time. issued on or after the Effective Date of the Agreement. Contract Documents--The Agreement, Addenda (which per- tain to the Contract Documents), CONTRACTOR's Bid ~including documentation accompanying the Bid and any po-:t- Bid documentation submitted prior to the Notice of ,-Xwardl when attached as an exhibit to the Agreement. the Bonds. these General Conditions, the Supplementary Conditions. the Specifications and the Drawings as the same are more spe- cifically identified in the Agreement, together with all amend- ments. modifications and supplements issued pursuant to paragraphs 3.4 and 3.5 on or after the Effective Date of the Agreement. Contract Price--The moneys payable by OWNER to CON- TRACTOR under the Contract Documents as stated in the Agreement (subject to the provisions of paragraph I 1.9. I in the case of Unit Price Work). Contract Time--The number of days (computed as provided in paragraph 17.2) or the date stated in the Agreement for the completion of the Work. CONTRACTORsThe person, firm or corporation with whom OWNER has entered into the Agreement. :2CS "2t ,2.'~f,2rT:7. :C' ::e CC:~72.'c', ~2c_me:':_--. c7 cces 7'eel :-e ."e2~ir~,~'..e: :s ,2:'22:, :TsTe":.c-, 7et'eTe':jt h. ss bc~..':. da.'7. a;e~ ~r:er ~e ENGiNEE.'I's :cc.'mTendz;:c2 cf~na', 7a'., me~: ,unless resTer. s;bi::;:, '.'¢r the 7rotez::ar: :hereel has been assumed b:. Cx,~,NER a~ Subs:an::.'.; Ccmp:e'.ien en ~ccvr~ar. ce ~ith para~raFh !-:.S or 14 Dr.vvzt:ys--T~.e drawings x~ hich show lhe charac:er and sco;e of ~he Work to be pe~ormed and ',~hich have been prepared or approved b.x ENGINEER and are referred to in the Con- tract Documents. Effective Date of the AgreementsThe date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the tx,,o parties to sign and deliver. ENGINEER--The person, firm or corporation named as such in the Agreement. Field Order--A written order issued by ENGINEER ~hich orders minor changes in the Work in accordance with para- graph 9.5 but which does not involve a change in the Contract Price or the Contract Time. General Requirements--Sections of Division I of the Speci- fications. Laws and Rc.qtdalion.~': Laws m' Re.,.,idatimL~'--La~ s. r,-le~. regulations. ordinances. codes and/or orders. Notice of Award--The written notice by OWNER to the apparent successful bidder stating that upon compliance by :he apparent successful bidder with the conditions precedent enumerated therein, v,'ithin the time specified. OWNER x~ ill sign and deliver the Agreement. .x,'otice to Proceed--A written notice given by OWNER to CONTRACTOR {with a copy to ENGIN EERI fixing the date on which the Contract Time will commence to run and on which CONTIL-kCTOR shall start to perform CONTIL-XC- TOR'S obligations under the Contract Documents. OWNER--The public body or authority, corporation. asso- ciation. firm or person with whom CONTFL-XCTOR has entered into the Agreement and for whom the Work is to be provided. Partial Utilization--Placing a portion of the Work in sen'ice for the purpose for which it is intended (or a related purpose} before reaching Substantial Completion for all the Work. Project--The total construction of which the Work to be provided under the Contract Documents may be the whole. or a part as indicated elsewhere in the Contract Documents. Resident Project Representative--The authorized represen- tative of ENGLNEER who is assigned to the site or any pan thereof. !.:ze.:.ules and ofF. or cZ3:~ .~.-..c7'. z:'e .:._':e;;~.:"..: ;:'e;:.Te.~ cr .:at CONT.R.-'.CT;;.~ :a Z::us:ra:e some pc:::,.'.':. at' :~'.e '.:. -.:d '~:: Z_s:ra:..szs. ~..,2c'7. ures, :t:.n,zarj sc.nea_:es...-.~:'.,r- .-..z:ce c:':.a.'=.s. ins:r:cticns. Cragrams ;i:d c:~.e: infer=at.c:-. .:."epazeJ ~.:. a S~;;lier az, d su:ml::e: b:. CCNTR.-~CTO.:. it:us:rare .':..a:eNaZ or equipmen'. for some pc:icn of the Spec:..'Tc.-:io,:.s--Those pentens of :he Centrat: Docume.'::.s consisting of w,'-i:tsn technical descr!Ft:e,'2. s of mate."i:ais. equ:pment, constr,.,c:ion systems. standards and workman- ship as applied to the Work and certain administrative details applicable thereto. S.bcontractor--An individual. firm or coWoration having a direct contract with CONTRACTOR or with any other Sub- contractor for the performance of a part of the Work at the site. Substantial Completion--The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGI- NEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work tot specified pan) can be utilized for the purposes for which it is intended; or if there be no such certificate issued, when final payment is due in accordance with paragraph 14.13. The ~erms "substantially complete" and "substantially com- pleted" as applied to any Work refer to Substantial Comple- tion thereof. Suppleme,tar3.' Conditions--The part of the Contract Docu- ments which amends or supplements these General Condi- tions. Supplier--A manufacturer, fabricator. supplier. distributor. materialman or vendor. L',uterground Facilities--All pipeline~. conduits. dt:c:s. cables. wires. manholes. vaults. tanks. tunnels or other such facilities or at;achments, and any encasements containing such facil- ities ~ich have been installed underground to furnish an.~ of :he following services or materials: electricity. gases, steam, liquid petroleum products. telephone or other communica- tions, cable television. sewage and drainage removal. traffic or other control systems or water. (,,'nit Price Work--Work to be paid for on the basis of unit prices. ;Vork~The entire completed construction or the various sep- arately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of per- forming services, furnishing labor and furnishing and incor- porating materials and equipment into the construction, all as required by the Contract Documents. Work Directire Change--A written directire to CONTRAC- TOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, 272eP',g 2z ",Z,2:,2'. ,2~.e',.22 C," re.: C2.2 ;7. e .".~SZC'.Z Zg :,2 ~:."T27-rg :7 _nfa'e-z:?.e" 7'.)! oz. :27,zi.,'7,z _7,2e7 -: 2 :r -'5 cr :c er'~-rg~-.::es ..:::or 7.~'2;7272 .~ 22 -~. ',V,.--,. 2:re::.'.e C:'27._ze mr:) ':2: ;:'.:.r:ge :ze Ca'rut.z;: Ca.".:..,a:: T..'r..e. '.-u: .i e'.:,~enc-~ :ha: :he patires .~,,;e:: :~'.2: :.-.e cha.~ge dire:tee2 or 2c;:.men:e.72 b. i ',Vet,. n'---2- 'ai2 ~e L-.ca.'T.¢ra:e~ in ~- subsequent:>' :ssue:i Order ce':o'~:ng neg.~':;a;icns ~'.. the parrues as to :us e:'fe;:. an',' an the Contract Price cr Contract Time as prod:deal in paragraph 10.2. Wrfften .4.~.:et:dmen;--A ~ritten amendment of the Contract Documents. signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally deal- ing with the nonengineering or nontechnical rather than st.'-ic:iy Work-related aspects of the Contract Documents. ARTICLE 2--PRELIMINARY MATTERS Deliver). of Bonds: 2.1. When CONTRACTOR delivers the executed Agree- ments to OWNER. CONTRACTOR shall also deliver :o OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5. I. Copies of Documents.' 2.2. OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementar., Cer,- dieions) of the Codtract Documents as are reasonably nec- essary for the execution of the Work. Additional copies be furnished. upon request. at the cost of reproduction. Commencement of Contract Time; Notice to Proceed.' 2.3. The Contract Time ,.,.'ill commence to run on :.;.e thirtieth day after the Effective Date of the Agreement. o:. :;' a Notice to Proceed is riven. on the dav indicated in tee .~otice to Proceed. A NoTice to Proceed n4ay be given -=~ time within thirty days after the Effective Date of the Agree- ment. In no event will the Contract Time commence to run later than the seventy-fifth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement. whichever date is earlier. Starting the Project: 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Time commences to run. but no Work shall be done at the site prior to the date on which the Contract Time commences to run. Before Starn'ng Construction: 2.5. Before undertaking each part of the Work, CON- TRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown T,0R s?:a:Z .:romp',:y r~_.~er'', in '.~ri:i::g :e ENC.].N'EE~ ::'. ~;~- ..... c" '.~'.'.:c5, CONTRACTOR discover and s~'.! c~',~!r: 3 ,a p:',:e.-. i~'.e.~re::~ior. :: ::3::~- c3',ion from ENG~NEE.'R. b~for~ pro~e~Cing ',,i:~ an'.. \v2:k affec:ed thereby: ~:o'.veve.-', CONTRACTOR s~:ai'. ne~ ~: '.i.~- hie ~o OWNER or ENGINEER for fnilure to refer, convict. error or aiscrepancy in the Contrac: Doc'aments, unless CONTL-~CTOR had actual knowledge ~hereof or shouid reasonably have known thereof. 2.6. Within ten days after the Effective Date of the Agree- ment (unless otherwise specified in the General Require- ments). CONTRACTOR shall submit to ENGINEER for review: 2.6.1. an estimated progress schedule indicating the starting and completion dates of the various stages of the Work; 2.6.2. a preliminary schedule of Shop Drawing sub- missions; and 2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work which will be con- firmed in writing by CONTRACTOR at the time of sub- mission. 2.7. Before any Work at the site is started, CONTRAC- TOR shall deliver to OWNER. with a copy to ENGINEER. certificates (and other evidence of insurance requested by OWNER) which CONTRACTOR is required to purchase and maintain in accordance with paragraphs 5.3 and 571, and OWNER shall deliver to CONTRACTOR certificates land other evidence of insurance requested by CONTRACTOR) which OWNER is required to purchase and maintain in accordance with paragraphs 5.6 and 5.7. Proconstruction Conference: 2.8. Within twenty days after the Effective Date of the Agreement, but before CONTRACTOR starts the Work at the site, a conference artended by CONTtL~.CTOR. ENGI- NEER and others as appropriate will be held tc~ discuss the schedules referred to in paragraph 2.6, to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. Finalizing Schedules: 2.9. At least ten days before submission of the first Appli- cation for Payment a conference attended by CONTRAC- TOR, ENGINEER and others as appropriate will be held to finalize the schedules submitted in accordance with para- gr::F::: 5. TL':e .~::.i:.'j Frc'_--':::ss s,:L:e,::_:e '.,:.: :e a:,:eF:ab:- :c ENC,:NEE.R. :-s ;::'..,/::.g a: c:c.~::.. ;:.'gr~.ss:en of ~,2"', :0 C3,'T.^:~-::Cz '~::7. i:': U".e "' ........ 3-. ~., 'LZU: '=::.~.:':'~r~:~. ',, i:: ::~:::':e: :.:.:.2-:e C: EN,3:.N:-E-R- ENGINEER as ;roviding a v, orkabLe a:-r. angemen{ for pro- c~.ssing the subm{ssions. The finalized schedule of values '.., be acceptable ~o ENGINEER as to form an:::[ substance. ARTICLE 3--CONTRACT DOCUMENTS: INTENT. ANtENDING. REUSE Intent: 3.1. The Contract Documents comprise the entire agree- ment between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2. It is the intent of the Contract Documents to describe a functionally complete Project {or pan thereof) to be con- stfucted in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied whether or not specifically called for. When words ~vhich have a well-known technic--.! or trade me',ning are used to describe Work. matefinis equipment such words shall be interpreted in accordance that meaning. Reference to standard specifications. manuals or codes of any technical society, organization or association. or to the Laws or Regulations of any governmental authority. ~vhether such reference be specific or by implication. shall mean the latest standard specification. manual. code or Lairs or Regulations in effect at the time of opening of Bids lot. on the Effective Date of the Agreement if there were no Bids). except as may be otherwise specifically stated. However. no provision of any referenced standard specification. manua: or code (whether or not specifically incorporated by reference in the Contract Documents) shall bc effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER. or any of their consultants, agents or employ- ees from those set forth in the Contract Documents, nor shall it be effective to assign to ENGINEER, or any of ENG!- NEER's consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance or the Work or any duty or authority to undertake responsi- bility conerat3' to the provisions of paragraph 9.15 or 9.16. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. If, during the performance of the Work, CONTRAC- TOR finds a conflict, error or discrepancy in the Contract Documents, CONTRACTOR shall so report to ENGINEER in writing at once and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification .4,~ending and Supplementing Contract Documents: .".L The Centrat: Doc:-'men:s ma'. be amended :o FaD- vide for additions, de!etiens and revisions m [he Work or [o modify the terms and conditions thereef in one or mere of E:e following ways. .4.1. a formal Written Amendment, 3.4.2. a Change Order/pursuant to paragraph 10.4). or 3.4.3. a Work Directire Change (l:;ursuant to para- graph I 0. I ). As indicated in paragraphs II .2 and 12. I, Contract Price and Contract Time may only be changed by a Change Order or a Written Amendment. 3.5. In addition. the requirements of the Contract Docu- ments may be supplemented, and minor variations and devia- tions in the Work may be authorized, in one or more of the following ways: 3.3. I. a Field Order (purstwnt to paragraph 9.5 L 3.5.2. ENGINEER's approval of a Shop Drawing or sample (purs'..mn: [o paragraphs 6.26 and 6.27). or 3.5.3. E:<UINEER's written interpretation or clarifi- cation (pursuant to paragraph 9.4). Re,se of Documents: 3.6. Neither CO,'TRACTOR nor an.',' Subcontrac:or or Supplier or other' person or organization performing or fur- nis~,ing any of tLe Work under a direct or indirec: conerat: '.~ith OWNER shall have or acquire any title to or ownership rights in any of ~he Drawings, Specifications or other docu- ments (or copies pC any thereof') prepared by or beanng the seal of ENGINEER: and they shall not rouse any of them on extensions of the Project or any other project without ',,.'fitten consent of OWNER and ENGINEER and specific written :'erification or adaptation by ENG]NEER. ARTICLE 4---AVAILABILITY OF LANDS; PHYSICAL CONDITIONS: REFERENCE POINTS A vailability of Lands: 4. I. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be per- formed, rights-of-way and easements for access thereto, and 10 T.~.~.ZT:-:: Eas-~:,-~::s :':: 7~::TL::S": S::"-::-'-~:' -~_::: :": ?.,::Zg !7: ~.\:,2:::',~ :'gC.:.: _~5 '.,' ::2 27:2 ':21 L':,: 2: Z ,"2' :: ~ . .',.. =::..~':'2 C::,C:,,.'_'C 2:2, ./~j. :::_.=.,~::S- ::' C'2.~T=:ACTO:?- :~.::2',c': :::: :",V.~E.-~'5 f.;rT, LS.'.,:~ ::rose ::ands, :::'?:s-,::'-,~3:, or ::at: 7!me. C.O.','TRACTO~ ma': :ake a ::3:.m. :.-,e:'eFc." :'-i A ..... e ,_. CONTRACTOR shaj: ;=Cc, i[ionaZ Zaads and access ~here'.o thai ma'~ be r,~quired for te.m;orar:' consL",z'ct!on faci!i:ies or s[arage of ma[eriais e.luipment. Physical Conditions: :.2. I. Explorations and Reports.' Reference is made to the Supplementary Conditions for identification of those reports of explorations and tests of subsurface conditions at the site that have been utilized by ENGINEER in prep- aration of the Contract Documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such reports. but not upon nontechnical data. interprora- tions or opinions contained therein or for the completeness thereof for CONTRACTOR's purposes. Except as indi- cated in the immediately preceding sentence and in para- graph 4.2.6. CONTRACTOR shall have full responsibility with respect to subsurface conditions at the site. 4.2.2. Existing Strttctttres: Reference is made to the Supplementary Conditions for identification of those dra~ ings of physical conditions in or relating to exi:::r..= sun'ace and subsurface structures fexcepl Undergro'-'.-.d Facilities referred to in paragraph 4.3t which are a: or contiguous to the site that have been utilized by ENGI- NEER in preparation of the Contract Documents. CON- TRACTOR may rely upon the accuracy of the technical data contained in such drawings. but not for the cornpie:e- hess thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence and i: paragraph :.2.6. CONTRACTOR shall have full res.re:- sibility ,.,.ith respect to physical conditions in or relating to such struc:ures. 4.2.3. Report of Differing Conditions: If CONTIL~.C- TOR believes that: 4.2.3.1. any technical data on which CONTR.-XC- TOR is entitled to rely as provided in paragraphs 4.2. and 4.2.2 is inaccurate, or 4.2.3.2. any physical condition uncovered or revealed at the site differs materially from that indi- cated. reflected or referred to in the Contract Docu- CONTRACTOR shall, promptly after becoming aware thereof and before performing any Work in connection therewith (except in an emergency as permitted by para- graph 6.22), notify OWNER and ENGINEER in writing about the inaccuracy or difference. I ! CONTRACTOR! of ENG',NEER's '~:c:-zs z-c car,- c'.usions, 4.2.5. Possib,"e Doc:une.,h Chn,'~ge: If ENGINEER concludes that there is a materiai error in the Contract Documents or that because ef next!,, disco'.ered condi- tions a change in the Contract Documents is required. a Work Directire Change or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of the inaccuracy or difference. 4.2.6. Possible Price and Time Adjustments: In each such case, an increase or decrease in the Contract Price or an extension or shortening of the Contract Time. or any combination thereof. will be allowable to the extent that they are attributable to any such inaccuracy or difference. If OWNER and CONTRACTOR are unable to agree as to the amount or length thereof. a claim may be made therefor as provided in Articles I 1 and 12. Physical Conditions--Underground Facilities: 4.3.1. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWN ER or ENGINEER by the owners of such Underground Facil- ities or by others. Unless it is othen~ise expressly ~re- ,,ideal in the Supplementary Conditions: 43.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of an.~ such information or data: and. 4.3.1.2. CONTRACTOR shall have full responsi- bility for reviewing and checking all such information and data. for locating all Underground Facilities sho~n or indicated in the Contract Documents. for coordina- tion of the Work with the owners of such Underground Facilities during construction. for the safety and pro- tection thereof as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work. the cost of all of which will be considered as having been included in the Contract Price. 4.3.2. Not Shown or Indicated. If an Undergxound Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents and which CONTRACTOR could not reason- ably have been expected to be aware of. CONTRACTOR shall, promptly after becoming aware thereof and before performing any Work affected thereby (except in an emer- gency as permitted by paragraph 6.22). identify the owner of such Underground Facility and give written notice thereof to that owner and to OWNER and ENGINEER. ENGI- NEER will promptly review the Underground Facility to s~zz L'r. cer~rcczc F~:.'.:. :s 7:c',:~cc :r, 7arz;raFn ~.2'3 CONTE~CTOR sha:: ~e 2::c~ up, ::crease :n :~ Cot'- tract P~ce or an extension of :no Con:rat: T~me. or beth. :o :~.e exte=t :nat the':- are attributable to the existence of any Underground Facility that ~as not shown or indicated in the Contract Documents and ~hich CONTRACTOR could not reasonabiy have been expected to be a,~are If the panics are unable to agree as to the amount or length thorcoL CONTRACTOR may rake a claim therefor as provided in Articles 11 and 12. Reference Points: 4.4. OWNER shall provide engineering surveys to estab- lish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shah be responsible for lay- ing out the Work (unless otherwise specified in the General Requirements). shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWN ER. CONIRAC- TOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations. and shall be respon- sible for the accurate replacement or relocation of such ref- erence points by professionally qualified personnel. ARTICLE 5--BONDS AND INSURANCE 11 Perfortnance and Other Bondr 5. I. CONTRACTOR shall furnish performance and pa.~- ment Bonds. each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Docu- ments. These Bonds shall remain in effect at least until one year after the date when final payment becomes due. except as other.vise provided 'by Law or Regulation or by the Con- tract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementor2,.' Condi- tions. All Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents and be executed by such sureties as are named in the curvent list of "Com- panies Holding Certificates of Authority as Acceptable Sure- ties on Federal Bonds and as Acceptable Reinsuring Com- panies" as published in Circular 510 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. 5.2. If the surety on any Bond furnished by CONTRAC- TOR is declaxed a bankrupt or becomes insolvent or its fight to do business is terminated in any state where any part of Conlrac:or's Liabiii0. Insurance: 5.3. CONTRACTOR shall purchase and maintain such comprehensive general liability and other insurance as is appropriate for the Work being performed and furnishe~ and ~-s '~'ill provide protection from c!aims s:t forth be!ow which may arise out of or result from CONTRACTOR's perfor- mance and furnishing of the Work and CONTRACTOR's other obligations under the Contrac: Documents. whether it is to be performed or furnished by CONTRACTOR, by any Subcontractor. by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 5.3, I. Claims under workers' or workmen's compen- sation. disability benefits and other similar employee ben- efit acts; 5.3.2. Claims for damages because of bodily injun.', occupational sickness or disease, or death or CONTRAC- TOR's employees; 5.3.3. Claims for damages because of bodily injury. sickness or disease. or death of any person other than CONTRACTOR's employees: 5.3.4. Claims for damages in~,ured b}' personal injur.'. liability coverage which are sustained In} by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR. or Ib) by any other person for any other reason: 5.3.5. Claims for damages. other than to the Work itself. because of injury to or destruction of tangible prop- arty wherever located, including loss of use resulting therat'tom: 5.3.6. Claims arising out of operation of Laws or Reg- ulations for damages because of bodily injury or death of any person or for damage to property: and 5.3.7. Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership. maintenance or use of any motor vehicle. The insurance required by this paragraph 5.3 shall include the specific coverages and be written for not less than the limits of liability and coverages provided in the Supplemen- tar)., Conditions. or required by law, whichever is greater. The comprehensive general liability insurance shall include completed operations insurance. All of the policies of insur- ance so required to be purchased and maintained (or the certificates or other evidence thorcoO shall contain a provi- sion or endorsement that the coverage afforded will not be cancelled, mateddally changed or renewal refused until at least :-:r::, ::2-5' 7n,:r ,~:::en -¢:.:e ::s :ear. gi',e: :c C'.:. rein2:: :n e:Te:: _n::: ~:2: F2:, men: ~:d ~: 2.. .. ~. . .~-.~ ...... :: 2~d:::cn. CCNTR.RCTOR s~.ai: ma:::3:: s:cn cFer:::er.s Zrsuranze for a: .eas: :',~ c > ears a:':e: a:d furrosa OWNER ~ith evidence of c~n:inua,en of such i:surance at ~n~ payment and one ':ear thereal:or. Contractual L'2abt'lit).' Insurance: 5.4. The comprehensive general liability insurance required by paragraph 5.3 will include contractual liability insurance applicable to CONTRACTOR's obligations under paragraphs 6.30 and 6.3 I. Owner'x LiabiliO' Insurance: 5.5. OWNER shall be responsible for purchasing and maintaining OWNER's own liability insurance and. at OWNER's option, may purchase and maintain such insur- ance as will protect OWNER against claims which may arise from operations under the Contract Documents. Propert).' Insurance: 5.6. Unless otherwise provided in the Supplementan.' Conditions. 'OVVNER shall purchase and maintain property insurance u.'.'pon the Work at the site to the full insurable ;hereof {subject to such deductible amounts as may be rrc,- vided in the Supplementary Conditions or required by La~ s and Regulations). This insurance shall include the interests of OWNER. CONTRACTOR. Subcontractors. ENGINEER and ENGINEER's consultants in the Work. all of whom shall be listed as insureds or additional insured parties. shall insure against the perils of fire and extended coverage and shall inc!ude "all risk" insurance for physical Io~s and damage including theft. vandalism and malicious mischief. collapse and water damage. and such other perils as may be provided in ~he Supplementary Conditions. and shall include damn;as. losses and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers. architects. attorneys and other professionalsl. If not covered under the "all risk" insurance or otherwise pro- vided in the Supplemental3' Conditions. CONTRACTOR shall purchase and maintain similar property insurance on portions of the Work stored on and off the site or in transit when such portions of the Work are to be included in an Application for Payment. 5.7. OWNER shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of OWNER. CONTRACIOR. Subcontractors, ENGINEER AND ENGINEER's consultants in the Work, all of whom shall be listed as insured or additional insured parties. 12 5.8. All :he pa'.ictes of insurance Lot the certificates ct~.er evidence t~'.ereo/'J required to be purchased and m:',!r'.- rained by OWNER in accordance with paragraphs 5.6 5.7 ~iit contain a pro', ision or endorsement Iha: the co~.era_ze ~Torded v,'iii not be cance!ied or materially changed or ret'used until at least thirty days' prior ,,,'ritten notice has been given to CONTRACTOR by certified mail and wiii contain ~,aiver provisions in accordance with paragraph 5.11.2. 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others in the Work to the extent of any deductible amounts that are provided in the Supplementary Conditions. The risk of loss within the deductible amount, will be borne by CONTRACTOR. Sub- contractor or others suffering any such loss and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchas- eo's OWn expense, 5.10. If CONTRACTOR requests in writing that other special insurance be included in the property insurance po[- icy, OWNER shall, if possible, include such insurance, and the cost thereof will be charged to CONTRACTOR by appro- priate Change Order or Written Amendment. Prior to corn- mencement of the Work at the site. OWNER shall in wfiting advise CONTRACTOR whether or not such other insurance has been procured by OWNER. s',:'zh ',~aiver forms are requireZ cf anl, SjL'ccntract,Dr, CONTRACTOR ~i:) obtain the Receipt and .4p.piic~,n'on of Proceeds: 5.12. Any insured loss under the poiic:es of insurance required b>' paragraFhs 5.6 and 5.7 ~iil be adjusted with OWNER and made payable to OWNER as trustee for the insureds, as their interests may appear. subject to the require- ments of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account any money so received, and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys' so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13. O~,VNER as trustee shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER as trustee shall make set- tlement with the insurers in accordance with such agreement as the parties in interest may reach. If required in writing by any party in interest, OWNER as trustee shall. upon the occurrence of an insured loss. give bond for the proper per- formance of such duties. Waiver of Rights: 5. I I.I. OWN ER and CONTRACTOR uaive all rights against each other for all losses and damages caused by any of the perils covered by the policies of insurance provided in response to paragraphs 5.6 and 53 and any other property insurance applicable to the Work. and also waive all such rights against the Subcontractors. ENGi- NEER. ENGINEER's consultants and all other parties named as insurers in such policies for losses and damages so caused. As required by paragraph 6. II. each subcon- tract between CONTRACTOR and a Subcontractor will contain similar waiver provisions by the Subcontractor in favor of OWN ER, CONTRACTOR. ENGINEER. ENGI- NEER's consultants and all other parties named as insurers. None of the above waivers shall extend to the rights that any of the insured parties may have to the proceeds of insurance held by OWNER as trustee or otherwise pay- able under any policy so issued. 5.11.2. OWNER and CONTRACTOR intend that any policies provided in response to paragraphs 5.6 and 5.7 shall protect atl of the parties insured and provide primary coverage for all losses and damages caused by the perils covered thereby. Accordingly, all such policies shall con- tain provisions to the effect that in the event of payment of any loss or damage the insurer will have no fights of recovery against any of the parties named as insurers or additional insureds, and if the insurers require separate waiver forms to be signed by ENGINEER or ENGI- NEER's consultant OWNER will obtain the same, and if Acceptance of Insurance: 5.14. If OXVN ER has any objection to the coverage afforded by or other provis!ons of the insurance reqt:ired to be put- chased and maintained by CONTRACTOR in accordance with paragraphs 53 and 5.4 on the basis of its not complying with the Contract Documents, OWNER shall noti~' CON- TRACTOR in writing thereof within ten days of the date of delivery of such certificates to OWNER in accordance with paragraph 2.7. If CONTRACTOR has any objection to the coverage afforded by or other provisions of the policies of insurance required to be purchased and maintained by OWN ER in accordance with paragraphs 5.6 and 5.7 on the basis of their not complying with the Contract Documents, CON- TRACTOR shall notify OWNER in writing thereof within ten days of the date of delivery of such certificates to CON- TRACTOR in accordance with paragraph 2.7. OWNER and CONTRACTOR shall each provide to the other such addi- tional information in respect of insurance provided by each as the other may reasonably request. Failure by OWNER or CONTRACTOR to give any such notice of objection within the time provided shall constitute acceptance of such insur- ance purchased by the other as complying with the Contract Documents. 13 Partial Utili:.ation--Properry Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Cornpie- lion of all the Work, such use or occupancy may be aceore- plished in accordance with paragraph 14.10; provided that no ..w ..... · m I ' ' ARTICLE 6--CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6. I. CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Doc- urneats. CONTRACTOR shall be solely ri~iponsible for the means, methods. techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or selection of a specific means, method. technique, sequence or procedure of construction which is indicated in and required by the Contract Documents. CONTRACTOR shall be responsible to see that the finished Work complies accurately ~ith the Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent. shall not be replaced without written notice to OWNER r.r:d ENGINEER except under extraordinary circumstances. superintendent will be CONTRACTOR's representati,.e at the site and shall have authority to act on behalf of CON- TRACTOR. All communications given to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and Equipment: 6.3. CONTRACTOR shall provide competent. suitaNy qualified personnel to survey and lay out the Work and per- form construction as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents. all Work at the site shall be performed during regular working hours, and CONTRACTOR will not permit overtime work or the performance of Work on Sat- urday, Sunday or any legal holiday without OWNER's writ- ten consent given after prior written notice to ENGINEER. 6.4. Unless otherwise specified in the General Require- meats. CONTRACTOR shall furnish and assume full respon- sibility for all materials. equipment. labor, transportation. construction equipment and machinery, tools, appliances, fuel. power, light. heat, telephone. water, sanitary facilities. temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. 252 7.~'.,.. ~\~e[': 55 c:?.er'.~se :rc',:,:eZ - .,'::on:s, ~:' re,~L.re,: % ENGiNE5?,. C~\TE.:.ZT:R :~:,. :~s:s', as :o :n~ k:r.C ,'-r::2 qua2::y c." ..'r.~ter::2s ,2ng .-',]! .r.a:erlaZs and e,~u,;ment s~.a~: ~e n~,cte~. ere::e::. used. c.ear. e2 and ccndf;3ne~ '.~l:i': tSe :nst."',jc:IGns of' ~he appiica;c'le S,:;';!:er -~xceT: as other.~ise ;,royideal in the Contract Docu..-.en:s: ~u~ ~ision of any such ins:ructions ~..ill be effec:i'.e to assign ENGINEER. or any of ENG1NEER's consultants. agents er employees. any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or author- Sty to undertake responsibility conVary to the provisions paragraph 9.15 or 9.16. Adjusting Progress Schedule: 6.6. CONTR.ACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) adjust- ments in the progress schedule to reflect the impact thereon of new developments: these will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto, 14 Substitutes or "Or-Equal" Items: 6.7. I. Whenever materials or equipment are specified or described in the Contract Documents by using the name or it proprietary item or the name of a particular Sup~i.'er the naming of the item i:i intended to e~abli~h the t} .:c. function and qualit, y required. Unless the name is follo~ed by words indicating that no substitution is permitted. materials or equipment of other Suppliers may be accepted by ENGINEER if sufficient information is submitted by CONTRACIOR to allow ENGINEER to determine t~at the material or equipment proposed is equivalent or equ::! to that named. The procedure for re~ie:~ by ENGINEER will include the following as supplemented in the General Requirements. Requests for review of substitute items of material and equipment will not be accepted by ENGI- NEER from anyone other than CONTRACTOR. If CON- TRACTOR wishes to furnish or use a substitute item of material or equipment. CONTRACTOR shall make writ- ten application to ENGINEER for acceptance thereof. certifying that the proposed substitute will perform ade- quately the functions and achieve the results called for by the general design. be similar and of equal substance to that specified and be suited to the same use as that spec- ified. The application will state that the evaluation and acceptance of the proposed substitute will not prejudice CONTRACTOR's achievement of Substantial Comple- tion on time. whether or not acceptance of the substitute for use in the Work xvi[I require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the ProjeCt) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitut~i in connection with the Work is subject to payment of any license fee or chan~. a~l of ~h~c5 sha',~ be cons~d~r~ b> E~GZ~EE~ in ~valuaUn~ th~ proposed substHute. E~'GI~EER ma> r~quire CONTRACTOR to furnish at CO~TRACTOR's expense additional data about the proposed substitute. 6.?.2. Ira specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to ENGINEER, if CONTRACTOR submits sufficient information to allow ENGINEER to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in paragraph 6.7.1 as applied by ENGINEER and as may be supplemented in the Gen- eral Requirements. 6.7.3. ENGINEER will be allowed a reasonable time within which to evaluate each proposed substitute. ENGI- NEER ,.,,'ill be the sole judge of acceptability. and no substitute will be ordered, installed or utilized without ENGINEER's prior written acceptance ,.~hich ,,,.'ill be e`.i- denced by either a Change Order or an approved Shop Drawing. O%'NER may require CONTRACTOR to fur- nish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any substitute. ENGINEER will record time required by ENGINEER and ENGINEER's consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby. Whether or not ENGINEER accepts a proposed substitute. CON- TRACTOR shall reimburse O~,VNER for the charges of ENGINEER and ENGINEER's consultants for evaluat- ing each proposed substitute. Concerning Subcontractors, Suppliers and Others: 6.8-1. CONTRACTOR shall not employ any Subcon- tractor. Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indi- cared in paragraph 6.82), whether initially or as a subsit- tute, against whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor. Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. 6.8.2. If the Supplementary Conditions require the identity of certain Subcontractors. Suppliers or other per- sons or organizations (including those who are to furnish the principal items of materials and equipment) to be sub- mitted to OWNER in advance of the specified date prior to the Effective Date of the Agreement for acceptance by c:' a~'. s'~cz S;~ce~;ractcr. Sd;;'.Ze: or ether Terser. er Cr;3~lz2t{o~ 5o ~ ~a'- re',ok~ C~ .... reasor. aV:e o~;ec::en a~;er due in~estiga:~on. in '.~ hich cas~ CONTRACTOR sXa:! su~mi: a.~ acceptab;e Contrac~ Price %~i1~ ~e increased by cos~ occasioned by such substitution and an approp~ate Chan~e Order w~il be issued or WHtten Amendment signed. ~o acceptance b>' OWNER or ENGINEER oE any such SubconIractor, Supplier or oth'er person or organization shall constitute a waiver oE any right o( OW~ ER or E~ G I- NfER [o rejec~ defective Work. 6.9. CONTRACTOR shall be fully responsible to O'~,.~ER and ENGINEER for all acts and omissions of the Subcon- tractors. Suppliers and other persons and organizations per- forming or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRAC- TOR is responsible for CONTRACTOR's own acts and omis- sions. Nothing in the Contract Documents shall create any contractual relationship between OWNER or ENGINEER. and an>' such Subcontractor. Supplier or other person or organization. nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment any moneys due any such Subcontractor. Supplier or other person or org2nization except as may other,.~ ise be required ~".. La'.~ s and Re'..'uladons. 6. I0. The diviSiOns and sections of the Specifications and the identifications of any Drawings shall not control CON- TRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by an.,. specific trade. 6.11. All Work performed for CONTRACTOR by a Sub- contractor ,.,.ill be pursuant to an appropriate agreemen~ between CONTRACTOR and the Subcontractor xvhich spe- riftralLy binds the Subcontractor to the applicable terms conditions of the Contract Documents for the benefit o( OWNER and ENGINEER and contains waiver provisions as required by paragraph 5.1 I. CONTRACTOR shall pay each Subcontractor a just share of any insurance moneys received by CONTRACTOR on account of losses under pot- tries issued pursuant to paragraphs 5.6 and 5.7. 15 Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and roy- alties and assume all costs incident to the use in the perfor- mance of the Work or the incorporation in the Work of any invention. design, process. product or device which is the subject of patent fights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the peror- mance of the Work and if to the actual knowledge ofO%VN ER '!' cr ENGINEER its use is subject :o pate:.: ~ghts or copy~Bh:s calling for the pa?ment of any license fee or royalty to others, :he existence of such rights shail be disclosed by OVV.x,'ER in ;~,e Contract Documents. CONTRACTOR shah indemnify,' and hold harmless OWNER and ENGINEER and anyo.~e directly or indirectly employed by either of them from and against all claims, damages, losses and expenses (including attorneys' fees and court and arbitration costs) arising out or any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process. product or device not specified in the Contract Documents. and shall defend all such claims in connection with any alleged infringement of such rights. Permits: 6.13. Unless otherwise provided in th~ ~upplementa~, Conditions, CONTRACTOR shall obtain and pay for all con- struction permits and licenses. OWNER shall assist CON- TRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work. which are applicable at the time of opening of Bids, or if there are no Bids on the Effective Date of the Agreement. CON- TRACTOR shall pay all charges of utility owners for con- nections to the Work. and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. Laws and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to fur- nishing and performance of the Work. Except where oth- erwise expressly required by applicable Laws and Regu- lations. neither OWNER nor ENGINEER shall be respon- sible for monitoring CONTRACTOR's compliance ~ ith any Laws or Regulations. 6.14.2. If CONTRACTOR observes that the Specifi- cations or Drawings arc at variance with any Laws or Regulations, CONTRACTOR shall give ENGINEER prompt written notice thereof, and any necessary changes will be authorized by one of the methods indicated in paragraph 3.4. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Such Laws or Regulations, and without such notice to ENGINEER, CONTRACTOR shall bear all costs arising therefrom; however, it shall not be CONTRACTOR's pri- mary responsibility to make certain that the Specifications and Drawings are in accordance with such Laws and Regulations. Taxes: 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRAC- TOR in accordance with the Laws and Regulations of the piace of the Projoe: '.~,Mch are a~plicab;e dunng the pe~or- man, c~- of :he Work. Use o/Premises: 6.16. CONTRACTOR shall confine construction equip- ment, the storage of materials and equipment and the oper- ations of workers to the Project site and land and areas iden- tified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights- of-way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any' sbch land or area. or to the owner or occupant thereof or of any land or areas contig- uous thereto, resulting from the performance of the Work. Should any claim be made against OWNER or ENGINEER by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly attempt to settle with such other parW by agreement or otherwise resolve the claim by arbitration or at law. CONTRACTOR shall. to the fullest extent permitted by Laws and Regulations, indemnify and hold O~,VNER and ENGINEER harmless from and against all claims, damages, losses and expenses (including. but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration costs) arising directly. indirectly or consequenttally out of any action, legal or equi- table, brought by any such other party against OWNER or ENGINEER to the extent based on a claim arising out of CONTRACTOR's performance of the Work. 6-17. During the, progress of the Work, CONTRACTOR shall keep the premises free from accumulations of was~.e materials. rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools. appliances. construction equip- ment and machinery. and surplus materials. and shall lea,e the site clean and ready for occupancy by OWNER. CON- TRACTOR shall restore to original condition all propen.,,' not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure. nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 16 Record Documents: 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications. Addenda, Written Amendments, Change Orders, Work Directire Changes, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during con- struction. These record documents togetherwith all approved samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon corn- I ! S,~feC.' and Pro:re:ion: 6.20. CONTRACTOR shall be resFans~bie for in:t:a:!ng. maintaining and supe,"-vising all safety precautions and pro- grams in connection with the Work. CONTRACTOR shall take all necessary precautions for the safe','.,' of, and shall 7pride the necessa~ protection to prevent damage. injun.' or loss to: 6.20.1. all employees on the Work and other persons and organizations who may be affected thereby; 6.20.2. all the Work and materials and equipment to be inco~orated therein, whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto. including trees, shrubs, lawns, walks, pavements. road- ways, structures, utilities and Underground Facilities not designated for removal, teloration or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage. injury or loss: and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shaft notify o~ners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them. and shall cooperate with them in the pro- tee:ion. removal. teloration and replacement of their prop- erty. All damage. injury or loss to any property relented to in paragraph 6.20.2 or 6.20.3 caused. directly or indirectly. in whole or in pan. by CONTRACTOR. an.,,' Subcontractor. Supplier or any other person or organization directly or indi- rectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable. shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or anyone employed by either of them or anyone for whose acts either of them may be liable. and not attributable, directly or indi- rect[y, in whole or in part. to the fault or negligence of CON- TIL-XCTOR). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accord- ance with paragraph 14.13 that the Work is acceptable (except as othep, vise expressly provided in connection with Substan- tial Completion). 6.21. CONTRACTOR shall designate a responsible rep- resentative at the site whose duty shall be the prevention of accidents. This person shall be CONTIL~,CTOR's superin- tendent unless otherwise designated in writing by CON- TRACTOR to OWNER. :22. := e77er;erz::_~ 2.":'~:::=_,; :.-.e _~:::'e:'. cz .,77~:eC:.~7 7e7_%27S C7 '.~e ',~,CFK 27 77c7e.~.~. 2: :~-.e _~:::2 c7 ':,.2jr:ce-: .:::..-. ENGINEE.'R. cr C',~ NER. is cb;:g.z:-.-: to .zc: :c ;re'. :hrea:e,".ed ~amage. :n jut:.' or toss. CO.'-;T.RACTO.R sna'.'. ~:'. ENGINEER ~r,.-r7..;: ',~ 7,::en .".otice a'CC;NT.R. ACTOR ~e::e'. that at;':' sfgni!can: changes in the Work or ,,3nat~ons from the Contract Documents have been caused therob.',. If ENGi- NEER dete,.'-m. ines that a change in the Contract Documents is required ~ecause of the action taken in response to an emergerio':'. a Work Direcfive Change or Change Order v, ili be issued to document the consequences of the changes or variations. 17 Shop Drawings and Samples: 6.23. After checking and verifying all field measurements and after complying with applicable procedures specified in the General Requirements, CONTRACTOR shall submit to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawing submissions (see para- graph 2.9), or for other appropriate action if so indicated in the Supplementary Conditions, five copies (unless othe n, vise specified in the General Requirements) of all Shop Drawings. which will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's responsi- bilities under the Contract Documents with respect to the review of the submission. All submissions will be identified as ENGINEER may require. The data shown on the Shop Drawings ~vill be complete with respect to quantities. dimen- sions. specified performance and design criteria. material'- and similar data.to enable ENGINEER to review the infor- mation as required. 6.24. CONTRACTOR shall also submit to ENGINEER for review and approval with such promptness as to cause no delay in Work. all samples required by the Contract Doc- uments. All samples will have been checked by and accom- panied by a specific written indication that CONTRACTOR has satisfied CONTRACTOR's responsibilities under the Contract Documents with respect to the review of the sue- mission and will be identified clearly as to material. Supplier. pertinent data such as catalog numbers and the use for which intended. 6.25. I. Before submission of each Shop Drawing or sample CONTRACTOR shall have determined and veri- fied all quantities, dimensions, specified perforrnance cri- teria, installation requirements, materials. catalog num- bers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or s~mp[e with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. 6.25.2. At the time of each submission, CONTR. AC- TOR shall give ENGINEER specific written notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract Documents, and, in addition. shall cause a specific notation to be made on "! .... ! I I ..... , TRACTOR shall not endanger an~ ~,vork of ethers by cutting. e~.cavating or cthe:-x, ise ake:"ing their ',',ork and '.~.ii~ or.b,' cut or alter their ~'or'.'-: '.~.ith the :,. ri,,:en consent of ENGI.NEER and the others '.~hcse ',~ork ~iii be afro:ted. The dut:es an:~ responsibilities of COXTRACTOR under this parag. raph are For the benefic of such utility o~.'.ners and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If any part of CONTRACTOR's Work depends for proper execution or results upon the work of any such other contractor or utility owner (or OWNER). CONTRACTOR shall inspect and promptly report to ENGINEER in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. CONTRACTOR's failure so to report will constitute an acceptance of the other work as fit and pFoper for integra- tion with CONTRACTOR's Work except for latent or non- apparent defects and deficiencies in the other work. Coordination: 7.4. If OWNER contracts with others for the perfor- mance of other work on the Project at the site, the person or organization who will have authority and responsibility for coordination of the activities among the various prime con- tractors will be identified in the Supplementary Conditions, and the specific matters to be covered by such authority and responsibility will be itemized. and the extent of such author- ity and responsibilities will be provided. in the Supplementary Conditions. Unless otherwise provided in the Supplementar}' Conditions. neither OWNER nor ENGINEER shall have any authority or responsibility in respect of such coordination. ARTICLE 8---OWNER'S RESPONSIBILITIES 8.1. OWNER shall issue all communications to CON- TRACTOR [hrough ENGINEER. 8.2. In case of termination of the employment of ENGI- NEER, OWNER shall appoint an engineer against whom CONTRACTOR makes no reasonable objection, whose sta- tus under the Contract Documents shall be that of the former ENGINEER. Any dispute in connection with such appoint- ment shall be subject to arbitration, 8.3. OWNER shall furnish the data required of OWNER under the Contact Documents promptly and shall make pay- ments to CONTRACTOR promptly after they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Para- graph 4.2 refers to OW'NER's identifying and making avail- able to CONTRACTOR copies of reports of explorations and tests ofsubsufface conditions at the site and in existing struc- :=res ',~h!c: ha',e 'teen c:iie:,"~ L'y E.NGINEER in ',.he Dra~vin.~s and Specifications. S,5. OW.NER's resFensibiiities in resFec' cf ?urc~asin~ and maintaining liabilit> and propert> insurance are set for:h in paragraphs 5.5 through 5.8. 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspections. tests and approvals is set foah in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13. I0 and 15. I. Paragraph 15.2 deals with OWNER's right to termini~te services of CON- TRACTOR under certain circumstances. ARTICLE 9---ENGINEER'S STATUS DURING CONSTRUCTION Owner' s Representative: 9. !. ENGINEER will be OWNER's representative dur- ing the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Con- tract Documents and shall not be extended without written consent of OWNER and ENGINEER. Visits to Site: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction to obsen'e the progress and quality of the executed Work and to deter- mine. in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations as an experienced and qualified design profes- sional, ENGINEER will keep OWNER informed of the prog- ress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work. 19 Project Representation: 93. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in observing the performance of the Work. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions. If OWNER designates another agent to represent OWNER at the site who is not ENGINEER's agent or employee, the duties, responsibilities and limitations of authority of such other person will be as provided in the Supplementary Conditions. Cl~Hficatfons and It~te .rpretations: 9.4. ENGINEER :viII issue with ."e3sonable promS:hess such ,.vrit:en c)ari~cations or inte.'-pretations of the re~uir'~- meats of :he Contract Documents (in the form of Dra','.in_~s or other.,,. ise) as ENG1N EER may determine necessa~'. '.,. hic~ shall be consistent '.,.'ith or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification or interpretation justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree to the amount or extent thereof, CONTR. ACTOR may make a claim therefor as provided in Article 11 or Article 12. Authorized Variations in Work: 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER. and also on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as to the amount or extent thereof. CONTRACTOR may make a claim therefor as provided in Article I I or 12. Rejecting Defectire |Fork: 9.6. ENGINEER ,.,.'ill have authority to disapprove or re.~ect Work `...'hich ENGINEER believes to be defective. and ,.,-'ill also have authority to require special inspection or testing of the Work as provided in paragraph 13.9. whether or not the Work is fabricated. installed or completed. Shop Drawinls, Change Orders and Payments: 9.7. In connection with ENGINEER's responsibility Shop Drawings and samples. see paragraphs 6.23 through 6.29 inclusive. 9.8. In connection with ENGINEER's responsibilities as to Change Orders. see Articles 10.11 and 12. 9.9. In connection with ENGINEER's responsibilities in respect of Applications for Payment. etc.. see Article 14. Determinations for Unit Prices: "" 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CON- TRACTOR. ENGINEER will review with CONTRACTOR ,... ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommen- dation of an Application for Payment or otherwise). ENGI- NEER's written decisions thereon will be final and binding -- upon OWNER and CONTRACTOR. unless. within ten days after the date of any such decision. either OWNER or CON- TRACTOR delivers to the other party to the Agreement and :o ENGINEER '~r!::en not:co of iv. ten;ion to 3.~;eal f:'am such a decision. Decisions on Disputes: 9.11. ENGINEER '.`.'ill be the initial inte.*"preter of the requirements of the Contract Documents and judge of the acceptabiiity of the Work thereunder. Claims. disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles II and 12 in respect of changes in the Contract Price or Contract Time will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. 'which ENG1NEER will render in writing within a reasonable time. Written notice of each such claim, dispute and other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the occurrence of the event giving rise thereto. and written supporting data will be submitted to ENGINEER and the other party within sixty days after such occurrence unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim. 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11, ENGINEER will not show par- tinlily to O~,VNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9. i0 and 9. I I with resgrec: to any such claim. dispute or other matter lexcept any which have been waived bp the making or acceptance of final pay- ment as provided 'in paragraph 14.16) will be a condition precedent to an.,.' exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have unl~er the Contract Documents or by Laws or Regulations in respe:: of any such claim. dispute or other matter. 20 Litnitations on E. VGINEER's Responsibilities: 9.13. Neither ENGINEER's authority to act under t~i$ Article 9 or elsewhere in the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR. any Sub- contractor. any Supplier. or any other person or organization performing any of the Work, or to any surety for any of them. 9.14. Whenever in the Contract Documents the terms" as ordered", "as directed", "as required", "as allowed". "as approved" or terms of like effect or import are used. or the adjectives "reasonable", "suitable", "acceptable". "proper" or "satisfacton."' or adjectives of like effect or import are used to describe a requirement. direction. review or judgment of ENGINEER as to the Work. it is intended that such requirement, direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Docu- ments {unless there is a specific statement indicating other- wise). The use of any such term or adjective shall not be I ! I ! e:'Y¢c:i;'e to assign :o E.NG]NEER an:,' d:~:'.,' cr s',~e,"',(se or Ci:ec: :.".e fjmishin? or pe."fermanc,- of t2'.e cr an)' dut.,, or at:t.-.c=,.y to und~.-,ake respons!',-~: ::,' to t.",e provisions of para_~ral:h 9. ;5 or 9 9.]5. EXGI.",;EER will not be responsible for CON- TR. ACTOR's means, methods, techniques, sequences or pro- cedures of construction, or the safety precautions and pro- ~'ams incident thereto. and ENGINEER will not be respon- sible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 9.16. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. ARTICLE 10~CHANGES IN THE WORK 10.1. Without invalidating the Agreement and without notice to any surety. OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work: these will be authorized by a Written Amendment, a Change Order. or a Work Directlye Change. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents {except as otherwise specifically provided1. 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent. if any. of an increase or decrease in the Contract Price or an extension or shortening of the Contract Time that should be allowed as a result of a Work Direct{re Change. a claim may be made therefor as provided in Article I 1 or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Time v-ith respect to any Work performed that is not required by the Contract Documents as amended, modified and supple- mented as provided in paragraphs 3.4 and 3.5. except in the case of an emergency as provided in paragraph 6.22 and except in the case of uncovering Work as provided in para- graph 13.9. 10.4. OWNER and CONTRACTOR shall execute appro- priate Change Orders (or Written Amendments) covering: 10.4.1. changes in the Work which are ordered bv OWNER pursuant to paragraph 10.1, are required because: of acceptance of defective Work under paragraph i 3.13 or correcting defective Work under paragraph 13.14, or are agreed to by the parties; 10.4.2. changes in the Contract Price or Contract Time which are agreed to by the parties; and · ~ ,: c::an2esm:heCcnzrac:FT.c,~crCcn:rac:Tim,~ cored ~)' ENGINEER 7:rsua~: to ?arag:~7~ ?5c',~d~ t~,at. m :~eu oC executing amy s:c~, 2.~ aFFe3! may be taken from any such decision ;n accordance ~{:~ the provisions of the Contract Documents a~d a~plicabie Laws and Regulations, but during any such appeal, CON- T~CTOR shah ca~?' on the Work and adhere to :~e pro~- ross sc~,edu[e as provided in paragraph 6.29. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time) is requLred by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRAC- TOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. 21 ARTICLE I l--CHANGE OF CONTRACT PRICE 11. I. The Contract Price constitutes the total compen- sation (subject to authorized adjustments) payable to CON- TIL4.CTOR for performing the Work. All duties. responsibil- ities and obligations assigned to or undertaken by CON- TILa, CTOR shall be at his expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or b.x' a Written Amendment. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall delivered within sixty days after such occurrence lunless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the amount c!aimed covers all known amounts (direct, indirect and con- sequential) to which the claimant is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accor- dance with paragraph 9. I I if OWNER and CONTRACTOR cannot othen,'ise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph I 1.2. l 1.3. The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 11.3. !. Where the Work involved is covered by unit prices contained in the Contract Documents, by applica- tion of unit prices to the quantities of the items involved (subject to the provisions of paragraphs i !.9.1. through 11.9.3, inclusive). "1' '! ! .... ma:,' inc!ude an 3::o',~:'nc-~ [or overhead and ;refit ncc,-ssa.~iy in .--.zccrdance ~ith paragra;h I ].6.2. i] .3.3. On the basis of the Cosl el' :he Work tale:or- mined as provided in paragraphs l[.4 and l i,_¢~ plus a CONTRACTOR's Fee for overhead and profit (deter- mined as provided in paragraphs I 1.6 and I ].7). Cost of the Work: 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as othenvise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in para.~raph I 1.5: 11.4. I. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to. salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes. workers' or workmen's compensation. health and retirement benefits. bonuses. sick lea; e. vacation and hol- tale>' pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours. on Satur- day. Sunday or legal holidays. shall be included in the above to the extent authorized by OWNER. I 1.4.2. Cost of all materials and equipment furnished and incorporated in the Work. including costs of trans- portation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments. in v,'hich case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and all returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CON- TRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee, the Subcontractor's Cost of the Work shall be determined in the same manner as CONTRAC- TOR's Cost of the Work. All subcontracts shall be subject 22 n :3 :~'.~ O::'.e.' ;rO',:SiCnS a:' :~.c Centrat: :.-~., ........ :nso:'ar ,2s 3;p~ic2L';e. !1.4.4. Cos:s e,"_c;eci-'-'Z consu::anzs i;n,zZuding'Due rio; ~ eTors. 3ttorr, eys snd actDun:ants) ~.,mpio'., ed for ser~ zces s;ecificaHy re!a~ed to :he \Verk. i 1.4.5. Supplemental costs including the follo'.~ing: l 1.4.5. ]. The proportion of necessary transpor:a- lion. travel and subsistence expenses of CONTRAC- TOR's employees incurred in discharge of duties con- nected with the Work. I1.4.5.2. Cost. including transportation and main- tenance. of all materials. supplies. equipment. macbin- dry, appliances. office and temporary facilities at the site and hand tools not owned by the workers. which are consumed in the performance of the Work. and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all construction equipment and machine~' and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER. and the costs of transportation. loading. unloading. installation, dismantling and removal thereof--all in accordance with terms of said rent-',l agreements. The rental of any such equipment. re=chin- cry or pans shall cease ~'hen the u,,e thereof is no lot. get necessary for the Work. 11.4.5.4. Sales. consumer, use or similar taxes related to the Work. and for which CONTRACTOR is liable. imposed by Laws and Regulations. 11.4.5.5. Deposits lost 1br causes other than gence of CONTRACTOR. any Subcontractor or an.'.- one directly or indirectly employed by any of them or for ~ hose acts any of them may be liable. and reyahy payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses). not compensated by insurance or otherwise. tO the Work or otherwise sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9). pro- vided they have resulted from causes other than the negligence of CONTRACTOR. any Subcontractor. or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses. damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTI;LAC- TOR's Fee. If, however, any such loss or damage I ...... ! i facilnies ,~: :he si:e. 11,4.3.8, .~!inor expenses such as telegrams. long distance telephone calls, te!ephone service at the site. expressage and similar petty cash items in connection whh the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work and premiums for property insurance coverage within the limits of the deductible amounts established by O%VNER in accordance with paragraph 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CON- TRACTOR's officers, executives. principals (of par~ner- ship and sole proprietorships). general managers. engi- neers, architects. estimators. attorneys. auditors. accoun- tants. purchasing and contracting agents. expeditors. timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRAC- TOR's principal or a branch office for general administra- tion of the Work and not specifically included in the a_ereed upon schedule of job classifications referred to in p~ra- graph I 1.4. I or specifically co;'ercd b.~ paraL_,raph I l.-'.'--- all o( which are to be considered administrative costs covered by the CONTRACTOR's Fee. II .5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any pan of CONTRACTOR's capital expenses. inc!uding interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for de!inquent payments. II .5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by sub- paragraph 11.4.3.9 above). 11.5.5. Costs due to the negligence of CONTRAC- TOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to prop- erty. 11.5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. i 1.62.1. ~or costs incu~ed under par~g~phs I I .~. and l l .4.Z. the CONTRACTOR's Fee shall be fifteen percem; I I .62.2. for costs incurrej under paragraph 1 the CO~TRACTOR's Fee shall be five percent: and a subcomract is on the basis of Cost of the Work Plus a Fee. the maximum allowable to CONTRACTOR on account of overhead and profit of all Subcontractors shall be fifteen percent; 11.6.2.3. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.5: 11.6.2.4. the amount of credit to be allowed by CONTtL-XCTOR to OWNER for any such change ~hich results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in CONTRAC- TOR's Fee by an amount equal to ten percent of the net decrease: and 11.6.:..:,. when both addition~ and credits -',:,~ invoh'ed in' any one change. the adjustment in CON- TRACTOR's Fee shall be computed on the basis of the net change in accordance with paragraphs ! 1.6.2.1 throdgh 11.6.2.4, inclusive. 11.7. Whenever the cost of any Work is to be determined pursuant to paragraph 11.4 or 11.5, CONTRACTOR submit in form acceptable to ENGINEER an itemized cos: breakdo~ n together with supporting data. Cash Allowances: It .8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors or Suppliers and for such sums within the limit of the allowances as may be acceptable to ENCiI- NEER. CONTRACTOR agrees that: 11.8.1. The allowances include the cost to CON- TRACTOR (less any applicable trade discounts) of mate- rials and equipment required by the allowances to be deliv- ered at the site, and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead. profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the 23 2CZc.~L-.z-=s..",'c c~.-?;r.~ .rcr z:,TZci::c-a; .zsZ-mcz: zr. cfar.', ::-.er-~cf .~!:: ~e [.'nit PHct Work: 11.9.1. Where the Contract Documents provide that all or part o[ the Work is to be Unit Price Work. initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indi- cated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quan- tities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accor- dance with Paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each sep- arately identified item. I 1.9.3. Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materiall.~ and significantly from the estimated quantity of such item indicated in the Agreement and there is no corresponding adjustment with respect to any other item of Work and if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof. CON- TRACTOR may make a claim for an increase in the Con- tract Price in accordance with Article I I if the parties are unable to agree as to the amount of any such increase. ARTICLE 12--CHANGE OF CONTRACT TIME 12. I. The Contract Time may only be changed by a Change Order or a Written Amendment. Any claim for an extension or shortening of the Contract Time shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be deliv- ered within sixty days after such occurrence (unless ENGI- NEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accom- panied by the claimant's written statement that the adjust- ment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Time 22.2. Th-'- Coz:ra;: T.me '.,:22 ':'e e\:.~r:de,:i in an ecua; :o ::me :cs: cut :~, ,7. e!a? s ~e'., end :?.-~ can:re: of CON- TRACTOR ira c:aim !s made :herefor as provided in ;arz- gr'...vh 12.1. Suc,h de!ays shall inc'.ude, but not be limited to. acts or negl. e..t b>' OWNER or others performing additional work as c,on:emplat~:d by Axic.~e 7. or to fires. floods. Iaber disputes. epidemics. abnormal ,,,,'eather conditions or acts of God. 12.3. All time limits stated in the Contract Documents are of the essence of the Agreement. The provisions of this Arxicle 12 shall not exclude recovery for damages (including but not limited to fees and charges of engineers, architects. attorneys and other professionals and court and arbitration costs) for delay by either party. ARTICLE I_I--WARRANTY AND GUARANTEE: TESTS AND INSPECTIONS: CORRECTION. REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK Warranty and Guara,tee: 13.1. CONTR-ACTOR warrants and guarantees to OWNER and ENGINEER that all Work will be in actor- dance with the Contract Documents and will not be defectire. Prompt notice of all defects shall be given to CONTRAC- TOR. All defective Work. whether or not in place. may be rejected. corrected or accepted as provided in this Article 13. Access to Work: 13.2. ENGINEER and ENGINEER's representatives. other representatives of OWNER, testing agencies and gov- ernmental agencies with jurisdictional interests will have access to the Work at reasonable times for their observation. inspecting and testing. CONTRACTOR shall provide proper and safe conditions for such access. Tests and Inspections: 13.3. CONTRACTORshallgiveENGINEERtimelynotice of readiness of the Work for all required inspections. tests or approvals. 13.4. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof} to specifically be inspected. tested or approved, CONTRACTOR shall assume full responsibility therefor, pay all costs in connection therewith and furnish ENGINEER the required certificates of inspection. testing or approval. CONTRACTOR shall also 24 be responsible for and shall pay a'.l costs in cannot:ion any inspec:ior, or testing requirec~ in connection ',,.ith OW.",'- 1F-R's or .ENGI.x,'EF R's acce?tance of a SupFlier of or equipment proposed to be into;orated in t~',e Work. or ef materials or equipment submitted for approval 7-7Zor to CON- TRACTOR's purchase thereof for incorporation in the Work. The cost of all inspections, tests and approvals in addition to the above which are required by the Contract Documents shall be paid by OWNER (unless other,vise specified). 13.5. All inspections, tests or approvals other than those required by Laws or Regulations of any public body having jurisdiction shall be performed by organizations acceptable to OWNER and CONTIL~.CTOR (or by ENGINEER if so specified). 13.6. If any Work (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of ENGINEER, it must, if requested by ENGI- NEER, be uncovered for observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's inten- tion to cover the same and ENGINEER has not acted with reasonable promptness in response'to such notice. 13.7. Neither observations by ENGINEER nor inspec- tions. tests or approvals by others shall relieve CONTRAC- T, OR from CONTRACTOR' s obligations to perform the Work in accordance with the Contract Documents. Uncovering Work: 13.8. Ifany Work is covered contrary to the written request of ENGINEER. it must. if requested by ENGINEER. be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others. CONTRACTOR. at ENGINEER's request, shall uncover, expose or otherwise make availabie for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. if it is found that such Work is defective, CONTRACTOR shall .bear all direct. indirect and consequential costs of such uncovering. expo- sure, observation, inspection anti testing and of satisfactory. reconstruction, (including but not limited to fees and charges Of engineerS, architects, attorneys and other professionals). and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof. may make a claim therefor as provided in Article II. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction; and, if the parties are unable to agree as to the amount or extent ;'hereof, CO.NTRACTOR may make a c:aE.-., therefor as Fro- ~ided in Ar:ic!es 1! and i2. Owner 3tc2y S:o~ the B'or~: 13.10. If the Work is de.:~ctire. or CONTRACTOR fa'.is to supply sufficient skdled x~orkers or suitable materials or equipment. or fails to furnish or perform the Work in such a v, ay that the completed Work will conform to the Contract Documents. OVv'NER may order CONTRACTOR to s!op the Work. or any portion thereof. until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of O%VNER to exercise this right for the benefit of CONTRACTOR or any other party. Correction or Removal of Defective Work: 13. I I. If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective Work. whether or not fabricated, installed or completed. or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with nondefective Work. CONTRACTOR shall bear all direct, indirect and consequential costs of such correction or removal (including but not limited to fees and charges of engineers, architects, attorneys and other profes- sionals) made necessary thereby. One Year Correction Period: 13.12. If within one year after the date of Substantial Completion or such longer period of time as may be pre- scribed by La~vs or Regulations or by the terms of any appli- cable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents. any Work is found to be defective. CONTRACTOR shall promptly. without cost to OWNER and in accordance with OWNER's written instructions, either correct such defectire Work. or, if it has been rejected by OWNER. remove it from the site and replace it with #eo,defectiv~ Work. If CONTRACTOR does not promptly comply with the terms of such instructions. or in an emergency where delay would cause serious risk of loss or damage. OWN ER may have the defective Work cor- rected or the rejected Work removed and replaced. and all direct. indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers. architects, attorneys and other professionals) will be paid by CONTRACTOR. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. 25 Acceptance of Defective Work: 13.13. If. instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. CON- TRACTOR shall bear all direct, indirect and consequential "n "'T ! ..... :as:s a::.~bu:~b~e :30VeN:zR's e'.~:.:'-,-::en c." and d~:~r..-.;- b:.' ENGi.~EER 3s :o rensen2b~ness and :,D in,:'.~.:2e ~_~: :':: ~¢ 2i.m.i:eC :a .:-~-~s 3nc cnari'es ,D:' en~neers. arc.'::'.-~::s. r.e':s and ot~.er ;r,Dfessiona]sl. [fan':' s'2cr. acce;':nnce ;~or to ENGI.NEER's recomm. enda'.ion o~' final r-a':'men:. a Change Order ~iii be issued incorpora:ing the nec~.ssar': sions in the Contract Documents with respec: to the Work: and OWNER shall be entitled to an appropriate decrease in :he Contract Price, and. if the parties are unable to agree as to (he amount thereof. OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR ro OWNER. Ot~/NER ~lay Correct Defective Work: 1:3.14. If CONTRACTOR fails within i reasonable time after written notice of ENGINEER to proceed to correct and to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with para- graph 13.1 l, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CON- TRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days' writ- ten notice to CONTRACTOR. correct and remedy any such deficiency. In exercising the rights and remedies under this parag. raph OWNER shall proceed expeditiously. To the extent necessary to complete corrective and remedial action. OWNER ma:.' exclude CONTRACIOR rrom all or part of the site. take possession of all or part of the Work. and suspend CON- IRACTOR's services related thereto. take possession of CONTRACTOR's tools. appliances. construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which O%VN ER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER. O',VNER's represen- tatives. agents and employees such access to the site as may be necessary to enable OWNER to exercise the rights and remedies under this paragraph. All direct. indirect and con- sequential costs of OWNER in exercising such rights and remedies will be charged against CONTRACTOR in an amount approved as to reasonableness by ENGINEER, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article II. Such direct, indirect and consequen- tial costs will include but not be limited to fees and charges of engineers, architects, attorneys and other professionals. all court and arbitration costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in per- formante of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunde'r. .R.RTZCLE i-:---F.~'.': .X:E.X'TS TD CC'."-TR.z. CTCF, AND 5ched;'.'e ,: ;'z.";e .' L s :-:'. i. The schc:juLe a:' ~aiues e~:abi'.sh~d as ;ro~ided 7ara~raph 2.9 ~:~ ser',e as the basis for Frcgress Faymems and ~ii] be inco~orated in:o a form of Application ~or men: acceF;able ;o ENGINEER. Progress payments account of Unit Price %Vork ~ill be based on the number units cample~e~. Application for Progres~ Payment: 14.2. At least twenty days before i:ach progress payment is scheduled Ibut not more often than once a month). CON- TRACTOR shall submit to ENGINEER for review an Appli- cation for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing. the Application for Payment shall also be accompanied by a bill of sale. invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all liens. charges. security interests and encumbrances (which are hereinafter in these General Conditions referred to as "Liens"} and evidence that the materials and equipment are covered by appropriate propert.,,' insurance and other arrangements to protect O~,VNER's interest therein. all of ~-hich will be sat- isfactory to O~vNER. The amount or retainage ~'ith reaper: to progress paymenis .will be as stipulated in the Agreement. CO, VTRA CTOR's Warranty of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work. materials and equipment covered by any Appli- cation for Payment. whether incorporated in the Project or not. will pass to OWNER no later than the time of payment free and clear of all Liens. 26 Review of Applications for Progress Payment: 14.4. ENGINEER will. within ten days after receipt of each Application for Payment. either indicate in writing a recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indi- caring in writing ENGINEER's reasons for refusing to rec- oremend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Applica- tion. Ten days after presentation of the Application for Pay- ment with ENGINEER's recommendation, the amount rec- ommended will {subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR. 14.5. ENGhNEER's recommendation of any payment requested in an Application for Payment will constitute a ._ I"' I '1 I · x, EE?,'s Te,.e,,. c:' :!'.e AFF :'~'!z`R 5c: '~ce.T, F2n'::.'~~ d~.:n ;:~C sch. es~,,~es ',',2: ',~e ~resse~ to t,`R¢ Fain: indica:e~: :.':~:. :e :~',e ~es: cf ENj~- .",EE.R.'s kno~Zedge, inforr...n:Een and ~eZEef. :,Re q'.:a:::': o:' :he Work is in accordance ~i',~ :~.e Con:r~c: Docu..-.e.-.'.s /subje:~ to an evatus',ion oft.~,e Work as a func',ioning prior :o or upon Subs~amial Comple:ion. ~o ~.he results of shy subsequent tests called for in the Contrac: Documents. final c~etermination of quantities and classifications for Uni: Price V¢ork under paragraph P. 10, and to any other qualifi- cations stated in the recommendation): and ~hat CONTiL-~C- TOR is entitled to payment of the amount recommended. However. by recommendinB any such payment ENGINEER will not thereby be deemed to have represented tha~ exhaus- tive or continuous on-site inspections have been made to check ~he qualky or the quantity of th~ Work beyond the responsibilities specifically assigne.d to ENGINEER in the Contract Documents or that there may not be other matters or issues between the parties that might entitle CONTRAC- TOR to be paid additionally by OWNER or OWNER to ~'ithhold payment to CONTRACTOR. 14.6. ENGINEER's recommendation or final payment will constitute an additional representation by ENGINEER to OWNER that the conditions precedent to CONTRAC- TOR's being entitled to final payment as set forth in paragraph 14.13 have been ful~lled. I-:'.7. ENGINEER may refuse to recommend the ~ote or any part of any payment if, in ENGINEER's opinion. it would be incorrect to make such representations to OWNER. ENGINEER may also refuse ~o recommend any such pay- mont. or. because of subsequently discovered evidence or the results of subsequent inspections or tests. nullify any such payment previously recommended, to such extent as may be necessary in ENGIN EER's opinion to protect OWNER from loss because: 14.7. I. the Work is defective. or completed Work has been damaged requiring correction or replacement. 14.7.2. the Contract Price has been reduced by Writ- ten Amendment or Change Order, 14.7.3. OWNER has been required to correct defec- tire Work or complete Work in accordance with paragraph 13.14, or 14.7.4. of ENGINEER's actual knowledge or the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.9 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because claims have been made against OWNER on account of CONTRACTOR's per- formante or furnishing of the Work or Liens have been filed in connection with the Work or there are other items entitling '2 '.:, .NER :r.:s: g: .e CCNT.RACTC .-', ..'r.-.~z z:e .,: ::e7 :-:: ce .- :- 2 ccF:, :: ENG:NEE.R _<:2:."; :-~ r.~:.,<cT! :':7 s_:'. 5~'bs:,:'~::.:: C :":?ie:io,:.: :-:'.5. When CONTRACTOR cons:,:.ers the entire V','crk re2dv fcr its imenc~e~ use CONTRACTOR s~ail OWNER and ENGINEER in wnt'.ng :~at the entire Work xs su~stanUaily complete (except for items specifically liste~ b.~ CONTRACTOR as incomplete/and request that ENGI- NEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER. CONTRACTOR and ENGINEER shall make an inspection of the Work to deter- mine the status of completion. If ENGINEER does not con- sider the Work substantially complete. ENGINEER will notft.,.' CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete. ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or cor- rected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If. after considering such objec- tions. ENGINEER concludes that the Work is not substan- tially complete. ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing. stating the reasons therefor. If. after conMdcration of OWNER's objections. ENGINEER considers the Work. substantially complete. ENGINEER within said fourteen'days execute and deliver to OWNER and CONTRA. CTOR a definitive certificate of Substantial Completion Iwith a revised tentative list of items to be com- pleted or corrected) reflecting such chan~es from the tentative certificate as ENGINEER believes justified after consider- ation of any objections from OWNER. At the time ofdeliverT of the tentative certificate of Substantial Completion ENGI- N EER will deliver to OWNER and CONTRACTOR a ~'ritten recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR respect to security, operation. safety. maintenance. heat. utilities. insurance and warranties. Unless OWNER and CONTRACTOR agree other.vise in writing and so inform ENGINEER prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's afore- said recommendation will be binding on OWNER and CON- TRACTOR until final payment. 14.9. OW'NER shall have the right to exclude CON- TRACTOR from the Work after the date of Substantial Com- pletion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. 27 Partial Utilization: 14.10. Use by OWNER of any finished part of the Work, which has specifically been identified in the Contract Docu- "! "'l l' ["! :7.``:::s. c: '.~ic:~ '2:'~V.~E?,. -'FNG:N-ZE?, .~::c .ZC.x, TF,-'.Z- .T~'?. a_~r```` cz.-.,::::~'.``s a se._'zara:e::.' f~.-.c::c:[r._z ~c: ':sea'.-:. .zax sf '.X`` %v~-rk :b.a: can be 'z~_``z: b:, O'.,v.N'ER ',~::nc~: _~z- :..=.cant in:e~erer. ce 'A E:.-. CO-','TRA~T~R'$ y:.':'c:m~:c: .7 h$'.I0. I. O',V.~E:~ at an,.' time may reques~ CON- TRACTOR in writing to permit O%VNER to use any suc~'. pan of the Work which OW,~ER believes ',o be read.', for its inlended use and substantially complete. If CO.~- ,_, TP,_A. CTOR a~ees, COXTRACTOR w~ carti/y to and ENGINEER thai said part of the Work is substantially complete and request E,~G[,",IEER to issue a certificate of Substantial Completion for thai part of the Work. CON- TR,.~CTOR al any time may notify OWNER and ENGI- NEER in writing thal CONTRACTOR considers any such pan of the Work ready for its iraended use and substan- tially complete and request ENGINEER to issue a cenif- icate of Substantial Completio~ for thai pan of the Work. Within a r~asonable time after either s~ch request, OWN CONTRACTOR and ENGINEER shall make an inspec- t. tion of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of para- graphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the '"" division of responsibility in respect thereof and access thereto. 14.10.2. OWNER may at any time request CON- i TRACTOR in writing to permit OWNER to take over operation of any such part of the Work although it is not substantially complete. A copy of such request will be ,=. sent to ENGINEER and within a reasonable time there- after O%VNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status ofcompletion and will prepare a list of the items "" remaining to be completed or corrected thereon before final payment. If CONTRACTOR does not object in writ- ing to OWNER and ENGINEER that such part of the Work is not ready for separate operation by OWNER. ~,... ENGINEER will ~nalize the list of items to be completed or corrected and will deliver such list to OWNER and CONTRACTOR together with a written recommendation ,-- as to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insur- ance, warranties and guarantees for that part of the Work "=' which will become binding upon OWNER and CON- TtL-~CTOR at the time when O%VNER takes over such operation (unless they shall have otherwise agreed in writ- .-, ing and so informed ENGINEER}. During such operation and prior to Substantial Completion of such part of the Work, OWNER shall allow CONTRACTOR reasonable access to complete or correct items on said list and to ,.- complete other related Work. "! · F;':.2Z l.':.s?er:ion: :-'.',1. .-.':.:ire Work or an agree~ ~o,-.Ecn ~herecf is comp:e:e. E.NGI- .NEER ',,.ill make a 5na~ inspection ',,,i;h OWNER and CO.N- T.R. ACTOR and ~i;l notify CO.NTRACTOR in v, riting of particulars in ~vhich this inspection reveals that the Work is incompie:e or de[ec4ve. CONTRACTOR shall immedialely take such measures as art necessary to remedy such ciencies. Final Application for Payrnent: 14.12. After CONTIL-~CTOR has completed all such cot- rections to the satisfaction of ENGINEER and delivered all maintenance and operating instructions. schedules. guaran- tees, Bonds, certificates of inspection, marked-up record documents (as provided in paragraph 6.19) and other docu- roehis--all as required by the Contract Documents. and after ENGINEER has indicated that the Work is acceptable {sub- ject to the provisions of paragraph 14.16). CONTRACTOR may make application for final payment following the pro- cedure for progress payments. The final Application for Pay- ment shall be accompanied by all documentation called for in the Contract Documents. together with complete and legall.',' ef(ective releases or waivers (satisfactory to OWNER) of Liens arising out of or filed in connection with the Work. In lieu thereof and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full; an affidavit of CON- TRACTOR that the releases and receipts include all labor. services, material and equipment for which a Lien could be filed. and that all payrolls, material and equipment bills. and o.:her indebtedness connected with the Work for ,,~'hich O~,VN ER or O%VN ER's property might in any way be respon- sib!e. have been paid or otherwise satisfied: and consent o.r :~: surety. if any. to final payment. If any Subcontractor or S-'pplier fails to furnish a release or receipt in full. CON- TRACTOR may furnish a Bond or other collateral satisfac- tory to OWNER to indemnify OWNER against any Lien. Final Payment and Acceptance: 14.13. If, on the basis of ENGINEER's observation of the Work during construction and final inspection. and ENGINEER's review of the final Application for Payment and accompanying documentation--all as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGI- NEER will. within ten days after receipt of the final Appti- ca:ion for Payment, indicate in writing ENGINEER's rec- ommendation of payment and present the Application to OWNER for payment. Thereupon ENGINEER will give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.16. 28 Othenvise, ENGINEER v.i!l ret~m :he Application to CON- TRACTOR. indica',ing in writing the reasons for feet:sing to recommend final Faymeat. in which case CONTRACTOR shall make the necessary corTec:ions and resubmit the Ap..';ii- carton. Thirty days after presentation to OWNER of Application and accompanying documentation. in ate form and substance. and with ENGINEER's recommen- dation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OVv~ER to CONTRACTOR. 14.14. If, through no fault of CONTRACTOR, final com- pletion of the Work is significantly delayed and if ENGI- NEER so confirms, OWNER shall, upon receipt of CON- TRACTOR's final Application for Payment and recommen- dalton of ENGINEER, and without terminating the Agee- meat, make payment of the balance due for that portion of the Work fully completed and accepted.. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agree- ment, and if Bonds have been furnished as required in pard- graph 5.1. the written consent of the surety to the payment of the balance due for that portion of the Work fully corn- pieted and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions gov- erning final payment. except that it shall not constitute a waiver of claims. Contractor's Continuing Obligation: 14.15. CONTRACTOR's obligation to perform and corn- plete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by ENGINEER. nor the issuance of a cer- tiffcare of Substantial Completion, nor any payment by OWNER to CONTRACTOR under the Contract Documents. nor any use or occupancy of the Work or any part thereof by OWNER, nor any act of acceptance by OWNER nor any failure to do so, nor any review and approval of a Shop Drawing or sample submission. nor the issuance of a notice of acceptability by ENGINEER pursuant to paragraph I-L 13. nor any correction of defective Work by OWNER will con- stitute an acceptance of Work not in accordance with the Contract Documents or a release of CONTRACTOR's phil- gation to perform the Work in accordance with the Contract Documents (.except as provided in paragraph 14.16). Waiver of Claims: 14.16. The making and acceptance of final payment will constitute: 14.16.1. a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from defective Work appearing after final inspec- tion pursuant to paragraph 14.11 or from failure to comply with the Contract Documents or the terms of any special guarantees specified therein; however, it will not consti- tute a waiver by OWNER of any rights.in respect of 29 CONTRACTOR's continuing obligations under the Con- tract Documents: and 14.16.2. a v.'ai'.er of all claims by CONTRACTOR against O\VNER otherthan those pre'.'iousl.,. made in ing and still unsettled. ARTICLE 15--SUSPENSION OF WORK AND TERMINATION Owner ,Way Suspend Work: 15. I. O\V'NER may, at any tim. e and without cause, sus- pend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date directly attributable to any suspension if CONTRACTOR makes an approved claim therefor as provided in Articles I ! and 12. Owner May Terminate: 15.2. Upon the occurrence of any one or more of the following events: 15.2. I. if CONTRACTOR commences a voluntary. case under any chapter of the Bankruptcy Code {Title ! i. United States Code). as now or hereafter in effect. or if CON- TIL-XCTOR take.s any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency: 15.2.2. if a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing. or if a petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at the time relating to bankruptcy or insolvency; 15.2.3. if CONTRACTOR makes a general assignment for the benefit of creditors; 15.2.4. if a trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable law or under contract, whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of CONTRACTOR's creditors; 15.2,5. if CONTRACTOR admits in writing an inabil- ity to pay its debts generally as they become due; 15.2.6. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents ]Z.Z.T. if CONTRACTOR disre~::,rds L_~',~s er ~azions cfan:, ;ub;:c bed>' ha'.in;jurisd:c:;cn: 15.2.8. if CONTRACTOR disregards :h,e a."t~',cr!:':' cf ENGINEER: or 15.2.9. if CONTRACTOR other~ise violates in any substantial way any provisions of the Contract Docu- me,'lts: OWNER may, after giving CONTRACTOR (and the surety. if there be one) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR. from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct. indirect and consequential costs of completing the Work (including but not limited to fees and charges of engineers. architects. at;or- neys and other professionals and court and arbitration costs~ such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance. CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will be approved as to reasonableness by ENGINEER and incor- porated in a Change Order. but when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed, ;5.4. L-'Fen se'.en da.'.s' '.~ri::e.-. no::c~- :3 CO.".TRAC- TC, R and ENGINEER. OWNE.R may. wi:heu; cause and ~i:hou: prejudice to an} o:her righ: or reined>. e~ec: :o aban- don the Work and terminate the .-~greemen:. In such case. CONTRACTOR shall be paid for all Work executed and any expense sustained plus reasonable term/nation ex.=enses. ;~hich ~vil! include. but not be limited to, direct. indirect and con- sequential costs lincluding, but not limited to. fees and charges of engineers. architects, attorneys and other professionals and court and arbitration costs). Contractor May Stop Work or Terminate: 15.5. If. through no act or fault of CONTRACTOR. the Work is suspended for a period of more than ninety days by OWN ER or under an order of court or other public authority. or ENGINEER fails to act on any Application for Payment v,-ithin thirty days after it is submitted. or OWNER fails for thirty days to pay CONTRACTOR any sum finally deter- ..':.ined to be due. then CONTRACTOR may. upon seven days' written notice to OWNER and ENGINEER. terminate the Agreement and recover from OWNER payment for all Work executed and any expense sustained plus reasonable termination expenses. in addition and in lieu of terminating the Agreement. if ENGINEER has failed to act on an Ap,;ii- c;:ion for Payment or OWNER has failed to make an;. pa.~- meat as aforesaid. CONTRACTOR may upon seven days' written notice to OWNER and ENGINEER stop the Work until payment of all amounts then due. The provisions of this ratagraph shall not relieve CONTRACTOR of the obligations under paragraph 6.29 to carry on the Work in accordance ;~ i;h the progress schedule and without delay during disputes and disagreemems with OWNER. [The remainder of this page was left blank intentionally.] 30 ARTiC:E ~e:'.~ee.': O',v.NER at'.,:: CONTRACTOR rela~ing ;o the Contract Doc'.:men:s or :,~e ':'re-"-cL=. ::=ere::' (~xceFt for cZaims \~ h~ch ha~e been '.~ ai~ ec; bv z;'=.e m3king cr ac:e;tance of fin:,! payment as pro'. ide,d ~iil be decided by arbitration in ac=ardance ~ i:h :,~,e Con- s:ruction Industry Arbitration Ru!es of :he Ame,,'4, can Arbi- tration Association then obtain{'n~ subject :o the liraRations of this Article 16. This agreement so to arbitrate and an.',' other agreement or consent to arbitrate entered into in accor- dance here`.vith as provided in this Anicte 16 will be specifi- cally enforceable under the prevailing law of any court having jurisdiction. 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER initially for decision in accordance with paragraph 9.11 will be made until the earlier of(a) the date on which ENGINEER has rendered a decision or (b) the tenth day after the par~ies have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9. I 1; and the failure to demand arbitration within said thirty days' period shall result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renders a decision after arbitration proceedings have been initiated. such decision may be entered as evidence but ~,'. ill not superse~~, ~he arbitration proceedings. except '.,.'here the decision is acceptable to the parties concerned. No demand for arbitra- tion or any written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered writ- ten notice of intention to appeal as provided in paragraph 9.10. 16.3. Notice of the demand for arbitration '.,,'ill be filed in '.vriting v.'ith the other part.,.' to the Agreement and '.,.'ith the E.',Gi.x EER 5~r ':-:',:r=~::;= =.-,2..3~n2~'.-' '.:.T..- .2:".~: '.=,~ q~est:cn .':.as *.-~-" and it. r,e e',en: s.':a.: ,-', ~e made a:':.-r ::e c-:a:-~ '.~ ::e: ins:!t;J::or. c:' proceedings base~ on suc~. qu.'stion ~ouid be ~arrej b.'. :he ap,;,iicable statute of Zirr.,:- tations. 16.4. No arbitration arising out of or relating to the Con- tract Documents shall include by consolidation. joinder or in any other manner any other per.son or entity (including ENGINEER. ENGINEER's agents, employees or consul- tants) who is not a pony to this contract unless: 16.4.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration. 16.4.2. such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings. and 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRAC- TOR has been obtained for such inclusion. '.vhich consent shall make speci~c reference to this paragraph: but no such con.,,er, c shall constitute consent to arbitration of dispute not specifically described in such consent or to arbitration ~,.'ith any pony not specificall.,,' identified in such COnsent. 16.5. The a,.,.'ard rendered by the arbitrators '.,.ill be final. judgment may be entered upon it in any court having jut:s- diction thereof. and will not be subject to modification or appeal except to the extent permitted by Sections 10 and I I of the Federal Arbitration .Act (9 U.S.C. §~10.1 [The remainder of this page was left blank intentionally.] 31 [This page was left blank intemionally.] A,~TICLE I?-->I!SCELL.-'.>'E'OL'S Giving .','o~ce: ',7.~. ",V:nene'.er ~r-.v .:ro',ision ¢f ........... merits requires the gxving of '~.~tten notice. :'...~ {7. ~e deemeg to have been ~sHd{y gh'en if~eH~ered in ~ersen to ~.e vidual or to a member of the firm or to an officer of coloration for whom it is intended. or if del~ered at or sent by registered or ce~i~ed mail. postage prepaid. to the last business ad&ess known to the giver of the notice. Comgutaaon of Time: 17.2.1. When any period of time is refe~ed to in the Contract D~uments by days, it will be computed to exclude the first aria include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computa- tion. 17.2.2. A calendar ~ay of twenty-four hours measured from mianight to the next midnight shah constitute a day- G~nerel: 17.3. Should OWNER or CONTRACTOR suffer inju~' or damage to person or property because of any e~or. orals- !.in ,2:' 2c: of :7. e J:~.er 7.2.~,) jr z',* 27.> 2:' :.7, e C'.7. e:' .73,"'.> em;'.c'.>ees o,- 2~enls or c:>.ers for '.~?~cse 2zis :no ciner :n.::7,,' OF ja.'T',a~e, T:~.e pra~is{cns cf :>.Is 7ar~g:'3~>. 17.3 not ~:e cer. str.:ec; as a sU.:'siLtu:e for or a ,,~.a!',,er C~' ',~'.e '.isions of ~n? 2pptic:~'.e s:2tu:e cf ',~mit~'.iens or re.rose. 17.4. The dudes and obligations imposed by these Gen- eral Conditions and tke fights and remedies a~ail:,~le here- under to the pa~ies hereto. and, in particular but limitation. the warranties. guarantees and obligations impose~ upon CONTR. ACTOR by paragraphs 6.30.13.1.13.12.13.14. 1-1.3 and 15.2 and all of the fights and remedies available to OWNER and ENGINEER thereunder. are in addition to. and are not to be construed in any way as a limitation of. any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations. special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this para~aph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty. obliga- tion. right and remedy to which they apply. All representa- tions. warranties and guarantees made in the Contract Doc- uments will survive final payment and termination or com- pletion of the Agreement. "1 .... I · 33 AGREEMENT STATE OF TEXAS COUNTY OF DALLAS THIS AGREEMENT, MADE AND ENTERED INTO THIS day of , A.D. 1994, by and between the CITY of COPPELL of the County of DALLAS and State of Texas, acting through it's Mayor. Tom Morton thereunto duly authorized so to do, Party of the First Part, hereinafter termed OWNER, and Architectural Utilities. Inc. of the City of Fort Worth, County of Tarrant and State of Texas, Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First Part (OWNER), and under the conditions expressed in the bond bearing even date herewith, the said Party of the Second Part (CONTRACTOR), hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: East Beltline Water Line Project - WA 94-01 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 the City of Coppell Engineering Department herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR and the ENGINEER, together with the CONTRACTOR's written Proposal, the General Conditions of Agreement, and the Performance and Paymere 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, within 80 calendar working days after 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. Agreement Page 2 IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. CITY OF COPPELL Party of theFirst Pan (OWNER) By:x~12.~ ~ ' ATTEST~~ ~ ARCHITECTURAL UTI~TI~v~C, ,Inc. A~EST: STATE OF TEXAS COUNTY OF DALLAS PERFORMANCE BOND 3 -244-880 KNOW ALL MEN BY THESE PRESENTS: That Architectural Utilities. Inc. of the City of Fort Worth, County of Tarrant, and State of Texas, as principal, and WEST AMERICAN INSURANCE COMPANY authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the City of Coppell (Owner), in the penal sum of One hundred thirty-three thousand. nine hundred seventy-six dollars and fifty-four cents ($ 133.976.54) 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 into a certain written contract with the Owner, dated the day of , 1994, for the installation of a water line generally located along the south side of Beltline Road from the Blooming Colors Nursery eastward to the Lone Star Gas Substation (west of Ledbetter Road). The project shall consist of the installation of approximately 1178 L.F. of 12" water line, approximately 2507 L.F. of 8" water line and approximately 236 L.F. of 8" water line bored northward beneath Beltline Road. The work shall be as shown on the construction plans (WA 94-01) and shall consist of furnishing all labor, equipment, tools and incidentals necessary to complete the work, including but not limited to: excavations, backfills, PVC pipe, carrier pipe, disposal of waste materials, etc., as described in the plans and specifications. Which contract is hereby referred to and made a part hereof 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 faithfully perform said Contact 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 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 the same shall in anyway affect its obligation on this 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. I r",' '1"" Performance Bond Page 2 IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of , 1994. Title: Vice President Address: 300 West Ramsey Fort Worth, Texas 76110 Title: ATTORNEY-IN-FACT Address: 136 N. THIRD ST. HAMILTON, OHIO 45025 The name and address of the Resident Agent of Surety is: DAVID C. OXFORD, SOUTHWEST ASSURANCE GROUP, INC. 9400 N. CENTRAL EXPWY., SUITE 1550, DALLAS, TEXAS 75231 STATE OF TEXAS COUNTY OF DALLAS PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That Architectural Utilities. Inc. of the City of Fort Worth, County of Tarrant, and State of Texas, as principal, and WEST AMERICAN INSURANCE COMPANY authorized under the laws of the State of Texas to act as surety on bonds for principals, are hem and firmly bound unto the City of Coppe]l (Owner), in the penal sum of One hundred thirty-three thousand. nine hundred seventy-six dollars and fifty-four cents ($ 133.976.54) 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 into a certain written contract with the Owner, dated the day of , 1994, for the installation of a water line generally located along the south side of Beltline Road from the Blooming Colors Nursery eastward to the Lone Star Gas Substation (west of Ledbetter Road). The project shall consist of the installation of approximately 1178 L.F. of 12" water line, approximately 2507 L.F. of 8" water line and approximately 236 L.F. of 8" water line bored northward beneath Beltline Road. The work shall be as shown on the construction plans (WA 94-01) and shall consist of furnishing all labor, equipment, tools and incidentals necessary to complete the work, including but not limited to: excavations, backfills, PVC pipe, carrier pipe, disposal of waste materials, etc., as described in the plans and specifications. Which contract is hereby referred to and made a part hereof 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 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 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 the same shall in anyway affect its obligation on this 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. Payment Bond Page 2 IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of , 1994. Title: Vice President DAViD~C~.kS~XFORD ' Tit]e:' ATTORNEy_iN_FAC~~ Address: 300 West Ramsey Fort Worth, Texas 76110 Address: 136 N. THIRD ST. HAMILTON, OHIO 45025 The name and address of the Resident Agem of Surety is: DAVID C. OXFORD, SOUTHWEST ASSURANCE GROUP, INC. 9400 N. CENTRAL EXPWY., SUITE 1550, DALLAS, TEXAS 75231 CERTIFIF-D COPY OF PO~FER OF ATTORNEY WEST AMERICAN INSURANCE COMPANY ADMIN/.S'rRATIVE OFFICY., HAMILTON, OHIO No. 1-228 ~n~: ~11 d~en h~ ~Ih,,se ~r~sen,s: That W~ST AMmUCAN n~SLrlL~NCE CO/~PANY, in pursuance of authority granted by Article VI, Section 1 of the By-Laws of said Company, does hereby nominate, constitute and appoint: David C. Oxford or Steve Rickenbacher or Helen Zook or Rudolph Norris or Clinton Norris or Rebecca S. Thacker of Dallas, Texas its true and la~cul agent and attorney, -in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all BON'DS, LrI~ERT.~uKINGS, and ILECOGNIZANCES, not exceeding in any single instance SIX MILLION ($ 6,000,000.00 - )Doll~s, excluding, however, any bond(s) or undertaking(s) guaranteeing the payment of notes and inter~t thereon .~md the execution of such bonds or undertakings in pursuance of these resents, shall be as binding upon said Cornpan , I ~urlv executedand acknowledged y the regular~ as fully and am y, to all intents and purposes, as if they had been b dected officers of ~t~e Company at its office in Hamilton, Ohio, in their own propre- Fersons. The authori~' granted hereunder supersedes any previous authority heretofore granted the above named attoru~y(s)-in-fact. -' , STATE OP OHIO. COUNTY OF B~ SS. In WITNESS ~XrHEKEOF, the undersigned officer of the said West American Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of the said West American Insurance Company this ISth day of July 19 94, On this 15th day of /~ Vice Presidenl July A.D. 19 94 before the subscriber, a Notary. Public of the Sate of Ohio, in and for the County, of Buder, duly commissioned and qualified, came John B. Vail, Vice President of WEST AMERICAN INSURANCE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly s~orn deposeth and saith, that he is the officer of the Company aforesaid, and that the seal affuced to the preceding instrument is the Con>orate Seal of said Companv, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to ~he said instrument by th; authority and direction of the said CoT ,oration. muut~, IN TESThMONY WHEitEOF, I have hereunto set mv hand and afftxed my Official .,tit'ten .,,4~ t,f41~t~~ Seal at the City. of Hamilton, Sate of Ohio the day ana y "'-,\ · ~t~ Notary untv o~' But Star f Ohio · A ' .st S, 5~d ~ My Commission expires ' This power of attorney is granted under and by authority' of Article VI, Section 1 of the By-Laws of the Company, extracts from which read: · ' ARTICIf VI SECTION 1. APPOINTMENT OF R.ESIDENT OFFICERS. The Chairman of the Board, the President, any Vice President, a of sip g the .ame of the orporatio. as s.__ orand to execute,the corporat, seal, a .o. e e and deliver any and aH bonds, reco~.izances, s-cipu]atibns, undertakings or other instruments of surew-ship or a,rantee, and Pol- icies of insurance to be 'yen in favor of an individual, firm, corporation, or the official representative tbereo,i,l'm~r to any county or state, or any oEfidnl ~l{;ard or boards o{ any county or state, or the United States of America, or to any other political sub- division. - This instrument is signed and sealed by facsLrnile as authorized by the following Kesoludon adopted by the directors oE the Company on April 24, 19gO. KESOL%~r_D, Titat the signature of any officer of the Company authorized b Article VI, Section I, of the By-Laws to appoint attorneys in fact, the signature of the Secretary or any Assistant ~ecretary cert~ing to the correcthess of any copy ~f a wet of arcoruev and the seal of the Company may be aif'~ed b fo,-dn~le to an power of actorne or copy thereof issued on ~half of the Campany. S.~ siS-a~res and seal ~e hereb,, aZpted br the am any as origin% signat-yes and s.l, ~o be ~na and binding upon the Company with :he same force and effec~ as though manually a~Pf~ced. _- CEKTIFICATE I, the undersi~ned Assisu. nt Secretary of West American Insurance Company, do hereby certify, that the foregoing power of atxorney, Article VI Seaion I of the by-laws of the Company and the above Resolution of its Board of Directors are true and correct copies and are in full force and effect on this date. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this day of A.D., 19 .... ! i '1 [] I "'1' I ...... DATE: ADDENDUM #: PROJECT: BID DATE/TIME: OCTOBER 20, 1994 ONE (1) EAST BELTLINE ROAD WATERLINE PROJECT (WA 94-01) OCTOBER 26, 1994 @ 2:00 am SUPPLEMENTARY CONDITIONS ARTICLE 5 - BONDS AND INSURANCE SC-5.1. Add: BID SECURITY: A cashier's check or an acceptable Bidder's Bond payable to the City of Coppall in an amount of not less than five par cent (5%) of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten (10) days after the contract has been awarded. Bids without check or bid bond will not be considered. All bid securities will be returned to the respective bidders within ten (10) days after bids are opened, except those which the Owner elects to hold until the successful bidder has executed the contract. Thereafter, all remaining securities, including security of the successful bidder, will be returned within ten (10) days after the contract is awarded. ......... I"' I "I I "'1 .... '1 At,"Oltlk CERTIFICATE OF INSURANCE Southwest Assurance Group, lnc 9400 N. Central Expwy., #1550 Dallas, TX 75231-5044 (214) 691-5721 FAX 691-4961 ARCHITECTURAL UTILITIES, INC. P. O. BOX 11586 FT. WORTH TX 76110 OA~ tmSOD.'YV) ...... 12/8./1994 THIS CERTIFICATE IS ISSUED AS A MAi i,-R OF INFORMAtiON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE A TRANSPORTATION INSURANCE CO. B VALLEY FORGE COMPANY C0~PAN~ c CONTINENTAL CASUALTY COMPANY D GREAT AMERICAN LLOYDS THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE FOUCY PERIOO INDICATED, NOllVITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EI=Fr:C'TT~ K3LK:Y EXPIRATION CO TYPE OF INSUR&NCE POfJCY NUM81~ LIITI L'IR DAI~ (MM/DD/Y~ DATE (MM/13D/Y~ ~ A T ccxvadsRc~eaew,,uma,rn, SET 210eOTN 05/01/94 05/01/95 PROOUCTS-CCMP~AOe $1,000,000 OWNERS & ~OFrS PROT EACH OCCUItqENCE if' '~' CG25-03 FED~N3E(k,/~h) S SO,O00 IVIED EXP (Any one person) S 1,0O0 COMBH~D mOLE uMrr $1,000,000 BODLY IN,AJRY (Pe~ perran) $ BODLY KJURY (Per sccldenO $ AU1OMO!I.! UA!IUTY ~- B X ,,,,,,,,,,,o SUA 2'roeore o5/ol/94 os/ox/ss S¢,4~DULED AUTOS c XI F, PLUS 21080861 05/01/94 05/01/95 ~ 01HER THAN UMBRB..LA FORM * · C m,,o~mr uasu. wc 21oso7s9 05/01/94 05/01/95 PARTNE~(R/TIV~ D BUILDERS RISK TIM 8938374 05/01/94 05/01/95 "ALL RISX PRCetHW D, UaAGE S ALlTO ONLY - EA ACCIDENT EACH ACC,3e, IT EACH 0CCUPRENCE RETAINED LMT S 2S,O(X) EACH ACCIDENT $ 500,000 O~ - F.~CH EMR.0~ $ FLOOD/QU3XE PROJECT: EAST BELTLINE ROAD WATER LINE INSTALLATION WA 94-01 CITY OF COPPELL ATTN= KENNETH M. P""q SHOULD ANY OF THE ABOrt DESCRIBED POUCII IE CANCraB .m BEFORI 1HE E3QRRA'T1ON DAII 1HB!I~Ir, 1HI 18SUING C0tlIH WILL B(DeAVOR TO ~ 3 O DAY2 WRffTBi NOTICE TO 'THE CER'filqCATE HOLDe~ NAMED TO 'THE LEFT, PO BOX 478 GRIFFIN, P.E. CO,.EL% TX 75o19 ! ACORD 2S-S (SSS) .......... T '"1 ..... T ......... I I At,NIqlII , -- Southwest Assurance Group, lnc 9400 N. Central Expw~., #1550 " Dallas, TX 75231-5044 ,, (214) 691-5721 FAX 691-4961 cow~erf A CITY OF COPPELL S P. O. BOX 478 C ** COPPELL TX 75019 ccePN<r D D'TK (tS'DO.'YY) CERTIFICATE OF INSURANCE ~2/8/1994 "'~rHIS CERTI[:ICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE TRANSPORTATION INS. CO. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEER ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PF. RIO0 INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDmON OF ANY CONTRACT OR OTHER DOCUMENT wnH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTNN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, ,m EXCLUSIONS AND CONDITIONS OF SUCH POMCIES. UMITS SHOWN MAY HAVE BEER REDUCED BY PAID CLAIMS. CO POLICY r.m.'aniv'~ POt.ICY EIMI~'~Oii LTR ~ OF INSUIIAN~E POLICY NUMBBq DAlE (llM)Off~ DATE cc,,ec~~ 10319s4012 12/15/94 04/01/95 p~o~uc.~s-cce~.~ 3[ ~ & CONTRACTORS PROT EACH ~ FIE DAMAGE (Any one ere) $ · . MED E)(F (Any one persan) $ AUTOMODI/UABI..IW -- C0t, eaNED SIHOLEI.MI' .I ~LL OM, ED AUTOS BOOLY IkXJ~ "' ' ~ peaon) l __ HIRED AUTC~ BOOLY tIJURY r Noii-owNED AUTO6 (Per accldenO FORM 1 P~CtIrNS OTHER PRO4ECT: EAST BELTLINE ROKD WATER LINE WA94-01 DESIGNATED CONTRACTOR'- ~RCHITECTUR/L~ UTILITIES, iR'nnCATE 4OLDE. CITY OF COPPELL PO BOX 478 COPPEL~ TX 75019 AC(Xtb'~4'(:k~ll).' ..... .:.... .... PO FORT INC. BOX 11586 WORTH, TX 76110 CANCELLATION IE)UqRATION DAft 11~EREOF, 1HE 18SUING COMPANY WILL ENDEAVOR TO IIAL 30 DAn Wlla'l ilr~l NO11CE TO 111E CBTTEICATE HOI.DBI NAMED TO 11tE LEFT, OF ANY KIND UPON 114E COMPANY, IT8 AO REPREIBITAll~8. AUTHORlaD ~2 A * ·:. :':": '. '. "' '.' '.".'." j i 1