Cambridge Phase 1-CN 940708UTILITY IMPROVEMENTS
FOR THE ESTATES OF CAMBRIDGE MANOR
CITY OF COPPELL, DALLAS COUNTY, TEXAS
JULY 8, 1994
BEAM/ER DEVELOPMENT COMPANY
P.O. BOX '2312
COPPELL, TEXAS 75019
(214) 908-1068
DOWDEY, ANDERSON & ASSOCIATES, INC.
16250 DALLAS PARKWAY, SUITE 100
DALLAS, TEXAS 75248
(214) 931-0694
CONTRACT AGREEMENT
PROPOSAL
INSURANCE CERTIFICATE
AMENDMENT TO GENERAL CONDITIONS
GENERAL CONDITIONS
SPECIAL CONDITIONS AND TECHI~ICAL SPECIFICATIONS
This Agreement is dated the ~day of ~L. , 1994 by
and between Beamer Development Com~a~ (hereinafter~alled Owner)
and Burkard Utility Contractors, L.C. (hereinafter called the
Contractor) .
Owner and Contractor, in consideration of the mutual covenants
hereinafter set forth, agree as follows:
ARTICLE 1. WORK
Contractor shall complete all Work as specified or indicated
in the Contract Documents. The work is generally described as
follows: Utility Construction for The Estates of Cambridge Manor
reflected in the Construction Plans entitled "Construction Plans
for The Estates of Cambridge Manor, City of Coppell, Dallas County,
Texas", and prepared by Dowdey, Anderson and Associates, Inc.
The project for which the Work under the Contract Documents
may be the whole or only part is generally described as The Estates
of Cambridge Manor.
ARTICLE 2. ENGINEER
The project has been designed by Dowdey, Anderson and
Associates, Inc., 16250 Dallas Parkway, Suite 100, Dallas, Texas
75248, (214) 931-0694 (hereinafter the Engineer) and who will
assume'all duties and responsibilities and will have the rights and
authority to Engineer in the Contract Documents in connection with
completion of the Work in accordance with the Contract Documents.
ARTICLE 3. CONTRACT TIME
The work will be substantially completed on or before fifty-
seven (57) working days following Contractor's receipt of written
Notice to Proceed, and completed and ready for final payment in
accordance with the General Conditions on or before
, 1994.
ARTICLE 4. CONTRACTPRICE
Owner shall pay Contractor for performance of the Work in
accordance with the Contract Documents in current funds as follows:
ARTICLE 5. PAYMENT PROCEIN3RES
Contractor shall submit application 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 PAY~RNTS. Owner shall make progress payments on
account of the Contract price on the basis of Contractor's
applications for payment as recommended by Engineerand approved by
Owner, on or about the Friday following the 10th of each month
during construction as provided below. Ail progress payments will
be on the basis of the progress of the Work measured by the
schedule of values provided for in Paragraph 14.1 of the General
Conditions.
5.1-A. Prior to substantial completion, progress payments
will be made in the amount equal to 90% of the work completed only.
Contractors request for payment shall be as of the 25th day and
shall be submitted to the Engineer no later than the last day of
each month.
5.1-B. Upon substantial completion, Owner shall pay (within
30 days of receipt of Engineers recommendation for payment) an
amount sufficient to increase total payments to Contractor to 90%
of the contract price, less such amounts as Engineer and Owner
shall determine in accordance with Paragraph 14.13 of the General
Conditions.
5.2 FINAL PA19~RNT. Upon final completion and acceptance by
the Engineer, Owner and reviewing agency 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 the Engineer and
Owner as provided in said Paragraph 14.13.
ARTICLE 6 . CONTRA~R' S REPRESENTATION
On order to induce Owner to enter into the Agreement,
Contractor makes the following representation:
6.1 Contractors have familiarized themselves with the nature
and extent of the Contract Documents, Work, locality and with all
local conditions and federal, state and local laws, ordinances,
rules and regulations that in any manner may affect cost, progress
or performance of the Work.
6.2 Contractor has studied carefully all reports of
investigation and tests of subsurface and latent physical
conditions at the site or otherwise affecting cost, progress, or
performance of the work which were relied upon by the Engineer in
the preparation of the Drawing and specifications and which have
been identified in the supplementary conditions.
6.3 Contractor has made or caused to be made examinations,
investigations, and tests and studies of such reports .and related
data in addition to those referred to in Paragraph 6.2 as he deems
necessary for the performance 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, tests, reports, or other similar data
are or will be rec/uired by Contractor for such pUrlDoses.
6.4 Contractor has correlated the results of all such
observations, examinations, errors, or discrepancies that he has
discovered in the Contract Documents and the written resolution
thereof by Owner is acceptable to Contractor.
6.5 Contractor has given Engineer and 0wner written notice of
all conflicts, errors, or discrepancies that he has discovered in
the written resolution thereof by Owner is acceptable to
Contractor.
6.6 Ail liens of the Contractor and any right to remove
removable improvements are subordinate to the Mortgage and Lender's
rights and all subcontracts and purchase orders shall contain a
provision subordinating the subcontractors' and materialmen's liens
and any right to remove removable improvements to the Mortgage and
Lender's rights thereunder. No change order shall be effective
without the prior written approval of the Lender except for
~permitted scope changes.
ARTICLE 7.0 CONTRACT ~S
The Contract Documents which comprise the entire agreement
between the Owner and Contractor are attached to this Agreement,
made Dart hereof, and consist of the following:
7.1 This Agreement;
7.2 Contractor's Bid;
7.3 Insurance in the amount reflected in attached
certificates;
7.4 Amendments to General Conditions;
7.5 General Conditions;
7.6 Special Conditions and Technical Specifications
7.7 Drawings
Cover Sheet
1 - Final Plat
2-5 - Paving
6 - Drainage Area
7-8 - Storm Sewer
9-12 - Water & Sanitary Sewer
13-14 - Grading Plans
15 - Erosion Control Plan
7.8 Any modifications, including Change Orders,
delivered after execution of Agreement.
duly
There are no Contract Documents other than thoSe listed above
in this Article 7.0. The Contract Documents may only be altered,
amended, or repealed by modification (as defined in Section 1 of
the General Conditions).
ARTICLE 8. MISCRT.?~%NEOUS
8.1 Terms used un this Agreement which are defined in Article
I of the General Conditions shall have the meanings indicated in
the General Conditions.
8.2 No assignment by a party of hereto of any rights under or
interest in the Contract documents will be binding on a~other party
hereto without the written consent of the part sought to be bound;
and specifically but without limitation, moneys that may become due
and moneys that are due may not be assigned without such consent
(except to the extent that the effect of this restriction may be
limited be law), and unless specifically stated to the contrary in
any written consent to an assignment will release or discharge the
assignor from any duty or responsibility under the Contract
Documents.
Not withstanding the foregoing, assignment of any or all rights
and interests by Owner to Owner's development lender is hereby
approved by Contractor. Contractor hereby agrees to subordinate
any mechanic's or materialman's liens to the development loan.
8.3 Owner and Contractor each binds himself, his partners,
successors, assigns, and legal representatives to the other party
hereto, his partners, successors, assigns, and. legal
representatives in respect to all covenants, agreements, and
obligations contained in the Contract Documents.
8.4 Should the excavation contractor not have completed his
work by which time the utility contractor is ready to begin~his
work, the owner shall not be responsible for move-out/move-in costs
should the utility contractor choose to remove his equipment from
the site.
ARTICLE 9. OTHER PROVISIONS
IN WITNESS WHEREOF, the parties hereto have signed this
Agreement in triplicate. One counterpart each has been delivered
to Owner, Contractor, and Engineer. All portions of the Contract
Document have been signed or identified by Owner and Contractor or
by Engineer on their behalf.
This Agreement will be effective on
, 1994.
Beamer Develol~ment Company
P.O. Box 2312
CoDpell, .T~as 75019
By:
Address for giving Notices:
Beamer Develo~mnent Company
P.O. Box 2312
Coppell, Texas 75019
Attn: Jack Bo~f~f~arito
(214) 908-1068
CONTRACTOR:
Burkard Utility Contractors, L.C.
2621 Country Valley Road
Garland, Texas 75043
Burk, rd Utility Contractors, L.C.
2621 Country Valley .Road
Garland, Texas 75043
Attn: Billie E. Burkard
(214) 278-5125
BURKARD UTILITY CONTRACTORS, L.C.
2621 Country Valley Road
Garland, TX 75043
214-278-5125
~' FAX 214-271-1078
TO:
A'I-i'N:
DATE: June 29, 1994
Dowdey, Anderson & Associates, Inc.
David A. Carlton
16250 Dallas Parkway, Suite 100
Dallas, TX 75248
We are pleased to submit to.you this Proposal for construction for the following described work:
Description of Work: WATER, SANITARY SEWER, STORM SEWER INSTALLATION
Location of Work: THE ESTATES OF CAMBRIDGE MANOR
SEE ATTACHED SHEETS
It is understood that the quantities of work to be done at unit prices are approximate only,
and may be increased or diminished as may be considered necessary in the opinion of the
Engineer, or as required by the City.
This Proposal is based on the work constructed only within the dedicated streets, alleys and
utility easements.
This Proposal is also based on all engineering, grades, and alignments being furnished by the
Owner, together with all necessary permits and inspection fees from the City, County, State or
other interested parties.
This Proposal is also based on placing surplus utility excavation on adjacent lots. The Owner is
to pay for any truck rental, if needed, to move the surplus utility excavation off the site.
This Proposal is based on the project being tax exempt. If a Tax Exemption Certificate cannot be
obtained, the Owner shall pay the sales tax on the materials incorporated into the project.
Also, the Owner will pay any City Fine(s) or Fee(s) for tree removal.
On the 25th day of each month, estimates shall be prepared including all of the completed work
plus all of the material on hand for the uncompleted portion. Ninety percent (90%) of the
estimate shall be paid no later than the tenth (10th) day of the following month. A final
estimate shall be prepared immediately upon completion and shall be paid in full within
ten (10) days after acceptance by the City.
Your acceptance of this Proposal, by signing and returning one copy to us within ten (10) days,
and the approval by us of credit arrangement will constitute a Contract between us. This
Proposal or Contract is subject to cancellation if a National Emergency should cause materials to
become unavailable.
ACCEPTED:
BY:
TITLE:
DATE:
BANK REF:
BURKARD UTILITY CONTRACTORS, L.C.
Billie E. Burkard
President
3880 LF
13 EA
7 EA
7 EA
I EA
5 EA
47 EA
3 EA
1 EA
1 EA
2.24 TONS
I LS
1 LS
2634 LF
300 LF
290 LF
1571 LF
197 LF
13 EA
2 EA
3 EA
47 EA
10 LF
I EA
40 LF
10 EA
I LS
1 LS
I LS
I LS
640 LF
581 LF
333 LF
24 LF
147 LF
340 LF
10 EA
2 EA
I EA
1 EA
-2 EA
I EA
I EA
1 LS
THE ESTATES OF CAMBRIDGE MANOR
WATER, SANITARY SEWER, STORM SEWER INSTALLATION
June 29, 1994
SHEET 2 OF 2
WATER MAIN
8" PVC Water Pipe
8" Valve
6' Valve
Fire Hydrant
10' X 8' Tap & 8' Valve
2" Blow-Off
1' Water Service
1' Copper Irrigation Service
1 1/2" Water Service
2' Water Service
C.I. Fittings & Blocking
Test Water System
Trench Safety
TOTAL WATER
$10.75
$489.00
$384.00
$1,000.00
$1,500.00
$675.00
$390.00
$390.00
$437.00
$700.00
$2,400.00
$1,500.00
$100.00
$41,710.00
$6,357.0O
$2,688.00
$7,000.00
$1,500.00
$3,375.00
$18,330.00
$1,170.00
$437.00
$700.00
$5,376.00
$1,500.00
$100.00
$90,243.00
SANITARY SEWER
10' SDR 35 PVC Pipe - 0' to 10' Depth
10' SDR 35 PVC Pipe - 10' and Over Depth
8" PVC Sewer Pipe
Line "A' 10" SDR 35 PVC Pipe -
Sta. 0+00 to Sta. 15+71.12
Line "A' 8" SDR 35 PVC Pipe -
Sta. 15+71.12 to Sta. 17+68
4' Dia. Manhole
4' Dia. Drop-Conn Manhole
Cleanout
4' Sewer Service
Concrete Encasement
Connect to 6" Sewer
Boring for 10" Sewer
Connect Existing Services to New 10" Line After Testing
Abandon Existing 6" Sewer Per Plans
Test Sewer System
TV Inspection of Sanitary Sewer
Trench Safety
TOTAL SANITARY SEWER
$11.50
$15.65
$10.55
$30.00
$11.55
$1,670.00
$2,220.00
$200.00
$295.00
$25.00
$175.00
$90.00
$400.00
$600.00
$2,250.00
$5,000.00
$200.00
$30,291.00
$4,695.00
$3,059.50
$47,130.00
$2,275.35
$21,710.00
$4,440.00
$600.00
$13,865.00
$250.00
$175.00
$3,600.00
$4,000.00
$600.00
$2,250.00
$5,000.00
$200.00
$144,140.85
STORM SEWER
48" RCP Class III Pipe
33' RCP Class Iii Pipe
27' RCP Class III Pipe
24' RCP Class III Pipe
21' RCP Class III Pipe
18" RCP Class III Pipe
10' Standard Inlet
14' Standard Inlet
4' x 4' Type Y Inlet
48' Type B Headwall
33' Type C Headwall
18" Type C Headwall~,~~
Weir, Complete in Place
Trench Safety
TOTAL STORM SEWER
$70.00
$45.00
$34.00
$29.00
$25.00
$22.00
$1,915.00
$2,485.00
$1,360.00
$2,500.00
$1,555.0O
$1,200.00
$150.00
$44,800.00
$26,145.00
$1.1,322.00
$696.00
$3,675.00
$7,480.00
$19,150.00
$4,970.00
$1,360.00
$2,500.00
$3,110.00
$1,200.00
$150.00
$161,558.00
TOTAL PROJECT
NOTE:
Proposal good for Utility Construction to start 7/5/94 7/12/94
Performance & Payment Bond. '-~
Maintenance Bond Included
57 Working days to substantially ,complete,' ,
Lab Cost and Staking By Owner
Grass Replacement included for City Service Center Only
NOTE
TEXAS SALES TAX EXEMPTION
It is the intention of the Owner and Contractor that this Agreement
constitutes a Separated Contract as defined by Rule 3.291, Chapter
151 of the Texas Tax Code. Such Separation shall be as stated in
the Contractor's Proposal; which is made a part hereof.
Title to the materials used to perform the contract shall pass
to the developer (who shall be the Owner) at the time they are
delivered to the job site and before they are incorporated
into the property or used by either the Contractor or the
Developer.
Payment for such materials shall be in accordance with this
Agreement and any supporting documents included herein.
The Developer intends to donate property to the City of
Coppell and the City intends to accept the property before the
material is incorporated into the realty or used by the
Contractor or the developer.
This prior intention is further evidenced by the Final Plat and
Construction Plans as approved by the City.
The Contract shall therefore give a resale certificate for the
materials and accept an exemption certificate for sales tax
purposes which the developer shall provide.
AMENDMENTS TO.GENERAL CONDITIONS
ARTICLE 1.
Application for Payment: Add "and O%rner" after "Engineer".
Change Order: Add "and Owner" after "Engineer".
Field Order: Add "and Owner's" after "Engineer's".
Substantial Completion:
the first time it appears.
Work Directive' Change:
ARTICLE 2.
Add "and Owner" after "Engineer"
Add "and Owner" after "Engineer".
Paragraph 2.3,
"fifteenth".
Paragraph 2.3,
"fifteen".
first sentence: Change "thirtieth". to
second .sentence': Change "thirty" to
Paragraph 2.6: Add "and Owner" after "Engineer!'.
Paragraph 2~8: Add "and.Owner" after "Engineer".
Paragraph 2.9, second sentence: Add "and Owner"
!'E~gineer" the first time it appears.
after
3.2, last sentence: Add "and Owner" after
ARTICLE 3.
Paragraph
"Engineer".
Paragraph
3.3: Add "and Owner"
.except the last time it appears.
Paragraph 3.5.2:
Paragraph 3.5.3:
ARTICLE 6.
'- Paragraph -6.5,
"Engineer".
Paragraph 6.6:
Page' 1"of --3 Pages
after "Engineer" save and
Add ,and Owner" after Engineer".
Add i'and Owner" after "Engineer".
second sentence: Add
Add "and 0~ner" after
Paragraph 6.13: Change the first sentence to read, ~Jnless
otherwise provided in the Supplementary Conditions, Contractor
shall obtain and pay for all construction permits, licenses,
insurance and other fees necessary to construct there
improvements but not including city .inspection fees".
Paragraph 6.20; last sentence: Add "and Owner" after
"Engineer" and delete "Owner 'and".
Paragraph 6.22: Add "and Owner" after "Engineer" ' save
and except in the first sentence.
ARTICLE 7.
Paragraph 7.3: Add "and Owner" after "Engineer".
ARTICLE 8.
Paragraph 8.1: Add "or advise-Engineer of communications
with Contractor" at the end of the. sentence. -
'~ Paragraph 8.2: Delete "against whom Contractor makes..n°
reasonable objection" and delete last sentence in its entirety~ ~
ARTICLE 9.
Paragraph ' 9.3: Change "If Owner and Engineer agree...
to "If Owner agrees.%."
Paragraph 9.5: Add "and Owner jointly: after "Engineer".
Paragraph 9.6: Add "and Owner" after "Engineer".
Paragraph 9.10: firs't sentence: Add "and Owner". after
"Engineer".
Paragraph 9.10: Change the 'last sentence to read
"Engineer's and Owner's written decisions thereon will be final
and binding upon Owner and Contractor".
Paragraph 9.11: Add "and Owner" after "Engineer" save
an~ except in the first sentence. '~
ARTICLE 10.
Paragraph 1 0.4.3:
ARTICLE 11.
Paragraph .11 .2:' Add "and Owner" after
Paragraph 11.7: Add. "and Owner" after
Add "and Owner" after "Engineer.". . ...:.
.-. · . ~ ~ ~:~t"'-.' .~ j::-.'--'
"Engineer"
,'Engineer''
Paragraph 1 ~ . 8,
"Engineer".
Paragraph 11 .9.1:
ARTICLE t 2.
Paragraph 12.1:
last . sentence: Add "and Owner"
Add "and owner'' after
!'Engineer'' .
after
ARTICLE I 3.
Paragraph
"Engineer".
Add "and Owner" after "Engineer''.
1 3.4, first sentence: Add "and Owner" after
Paragraph 13.6: Change the paragraph to read "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 Engineer of Owner, be uncovered for
observation. Such uncovering shall be at Contractor's expense.
Paragraph 13.8: Add "or Owner" afte~ "Engineer" the 'first
two times it appears in the sentence.
Paragraph 13.9: Change the first sentence: to read
· "...Contractor, at Engineer's or Owner's request, shall uncover,
expose, or otherwise make available for observation, inspection,
or testing as Engineer or Owner may~ require..." Delete the
last sentence in its entirety.
Paragraph 13.11:
time it appears.
Add "or Owner" after "Engineer" the second
after "Engineer'' save
Paragraph 13.1 ~: Add "or Owner"
and except the first time it appears.
"Engineer".
ARTICLE 1 4.
Paragraph ~ 4.1: Add "anti,Owner" after
Paragraph 14.7: Change "immediate" to "within 15 days". ~
Paragraph 1 4.8: Change "seven . days" to "ten days"
Change the last sentence to read "...will be .binding
Contractor until final payment".
an~
in
Paragraph' 14.12: Add "and Owner" after "Engineer".
Paragraph 14.13, last sentence: Add ""~nd Owner's" ..-.after~"i?-'~
"Engineer's" and add and Owner" after "Engineer".
~.aragraph 1 5.2, last sentence:
Add "and Owner" after Engineer
This document has important legal consequences: consultation with an attorney., is encouraged with...]
respect to its completion or modification.
STANDARD
GENERAl, CONDITIONS
OF TI-IF,
CONSTRUCTION CONTRACT
Prepared by
Engineers Joint Contract Documents Committee
a.ad
Issued and Published Jointly By
PROFESSIONAL ENGINEERS I.W PRIVATE PRACTICE
A practice &'vision of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
AMERICAN CONSULTING ENGINEERS COUNCIL
A~MEKICAN SOCIETY OF CIVIL ENGINEERS
CONSTRUCTION SPECIFICATIONS INSTITUTE
This document has been approved and endorsed by
General Contractors ofAmeri¢a'' :
The~e General Conditions have been prepared for use With the Owner-Contrac~r
· 1910-8-A-2) (19<~) Editions). Their pwvis/ons are [nterrelaled and a change in one ma.y
others. Comments Concerning their usage ar~ contained in the Commentary or/' Agr~.menr. s
Semces and ContractDecuments o 1910-9 ' 1986 Edition) For guidance in the p'~on
'Conditions, see Guide to the Preparation of Supplementary Conditions ('Noi'lglO-lT)
bidding is involved, the Standard Form 6f Instructions to Bidders (1'4'o. 1910-12) (1990 Edition)
1990 Nafior~l Soc/ety of Profess/onaI £ng/neer~
1420 King Street, Alexandria, VA 22314
TABLE OF CONTENT~ OF GENE-RAL CONDITIONS
Article or Paragraph Page
Number & 77de Number
I. DEFIN~IONS ................................... 13
1.1 Addenda .............................
1.2 Agreement ........................... 13
1.3 Application for payment .............. 13
1.4 A~bestos ............................. · 13
1..5 Bid ................................... 13
1.6 Bidding Documents ................... 13
1.7 Bidding Requirements ................ 13
1.8 Bonds ................................ 13
1.9 Change Order ........................ 13
I. 10 Contract Documents .................. 13
I.! 1 Contract Price ........................ 13
1.12 Contract 'I'im~ ....................... 13
!.13 CONTRACTOR ...................... 13
I. 14 defective ............................. 13
!.1.5 Drawings ............................. 13
1.16 Effective Date of the Ag~ement ...... 13
1.17 ENGINEER .......................... 13.
1.18 ENGINEER's Consultant ............. 13
!.!9 Field Order ........................... 13.
1.20 General Requirements ................ 14
1.21 Ha.mrdous Waste ..................... 14
1.22 Laws and Regulatlons; Laws or
Regulations .............. : ......... I4
I.~ Liens ................................. 14
1.24 Milestone .............................. 14
1.25 Notice of Awned ....................... 14
1.26 Notice to Proceed .................... 14
I..~/ OWNER ................ ~ ........:... 14
i.28 Partial Utilization ..................... 14
1.29 PCBs ................................. 14
! .30 Petroleum ...................... ...... 14
1.31 Project ............................... 14
!.32 Radioactive Material .................. 14
1.33 Resident Project Representative ....... 14
t.3~ Samples .............................. 14
1.35 Shop Drawings ....................... 14
1.36 Specifications ......................... ~!.4 ....
1.37 Subcontractor ...................... .'. 14
1.38 Substantial Completion ........ ~ ...... 14
1.39 Supplementary Conditions ............ 14
1.40 Supplier .............................. 14
1.41 Undergrmmd F-a_--~fie~s .............. :. 14
1.42 Unit Price Work ...................... 14
1.43 Work ................................. 15
1.44 Work Change Di~ctive ............... 15
1.45 Writxen Amendm~t ......... ~ ........ 15
2. Pi~A.IMIN,U~,Y Mxrrl!tcs ......................
2.1
~2
15'
Delivery of Bonds .................... 15:
Copies of Documents ................. 15:
Commencement of'Contra~ TL, nes; :'.
Notice to Proceed .................. 15
Starting the Wor~ ' 15
A~ticle or Paragraph
Number & 17de
2.5-2.7
2.8
2.9
3. CONTRACT DOCUMENTS: INTENT,
AMENDING. REUSE ............................
3.1-3.2 Intent ................................
3.3 Reference to Standacds and
Specifications of Technical Societies;
Reporting and Resolving
Discrepancies ............ : .........
3.4 Intent of Certain Terms or Adjectives ..
3.5 Amending Contract Documents .......
3.6 Supplementing Contract Documents ...
3.7 Reuse of Documents ..... ' .............
4. AVAILABILITY OF LAN'Ds; SUBSURFACE AND
PI-fYS1CAL COND[TIONS; REFERENCE POINTS.
4.1 Availability or' Lands ..................
4.2 Subsurface and Physical Conditions ...
4.2.1 Reports and Drawings ................
4.2.2 Limited Reliance by CONTRACTOR
Authorized; T~chnical Dam .........
4.2.3 Notice of Differing Subsurface or
Physical Conditions .................
4.2.4 ENGINEER;s Review ................
4.2.5 Possible Contract Documents Change
4.2.6 Possible Price and Times Adjustments.
4.3 Physical Conditiom~--Underground
Facilities ...........................
4.3.1 Shown or Indicat~l ...................
4.3.2 Not Shown or Indicated ..............
4.4 Reference Points ......................
4.5 Asbestos, PCBs, Petroleum, H~Tardous
Waste or Radioactive Matedat ......
Page
Number
Before Starting Construction;
CONTRACTOR's Responsibility to
Report: Preliminary Schedules;
Delivery of Certificates of
Insurance ..........................
Preconstruction Conference ........... 15
Initially Acceptable Schedules ......... 16
16
16
16
17
17
17
17
17
17
17
17
18
18
18
18
18
18
19
19
19
BOND~ AND INSURANCE ..................... 20
5.1-5.2 Performance, Payment and Other Bonds. 20
5.3 Licensed Sureties ~nd Insurers;
Certificates of Insurance ............ 20
5.4 CONTRACTOR's Liability Insurance . 20
' 5.$ OWNER's Liability lnsuranc~ ........ 21
5.6 Property Insurance .......... : ........ 21
~.7 Boiler and Machinery or Additional
Prol~rty Insurance ...... ' ' 21 ~...
5.8 Notice of Cancellation Provisions ..... 21
s.9 ':. cos-r croR's R ons , ity
·' Deductible Amounts ............. : .... 22 -:? ..
5. I0 ' Other Special Insurance ............. :. · Z! ::5i:!~.
$.11 Waiver of Rights ............ :. ......... 22
Article or Paragraph Page
Numl/er & 2Ttle Number
5.12-5.'I3 Receipt and Application of Insut-anm
5.14
5.15
Proceeds ........................... 22
Acceptance of Bonds and Insuranm;
Option to Replace ................. 22
Pardal Udtizafion---ProperW
Insur-a. nce .......................... 23
6. CONTRACTOR'S RESPONSIBILITIES ..........
7o
23
6.1-6.2 Supervision and Superintendence ' 23
6.3-6.5 Labor, Materials and Equipment ...... 23
6.6 Progress Schedule .................... 23
6.7 Substitutes and "Or-Equal" Items;
CONTRACTOR's Expense;
Substitute Construction
Methods or Procedures;
ENGINEER's Evaluation .......... 23
6.8-6.11 Concerning Subcontractors, Suppliers
and Others; Waiver of Rights ....... 24
6.12 Patent Fees and Royalties ............. 25
6.13 l%rmks ............................... 25
6.14 Laws and Regulations ................ 25
6.1.5 Taxes ................................ 25
6.16 Use of Premises ...................... 26
6.17 Site Cleanliness ....................... 26
6.18 Safe Structural Loading ...... : ........ 26'
6.19 Record Documents ................... · 2.J5
6.20 Safety and Protection ................. 26'
6.21 Safety Representa~ve ................. 26
6.22 Flaz~d Communication Programs ..... 27
6.23 Emergencies ' ': ' 27
6.24 Shop Drawings and Samples ; ..... 27
6.25 Submittal Procedures;
CONTRACTOR's Review Prior to
Shop Drawing or Sample Submittal . 27
Shop Drawing & Sample Submit'mis
Review by ENGINEER ............ 27
Responsibility for Variation From
Contract Documents ................ 27
Related Work Performed Prior to
ENGINEER's Review and Approval
of Required Submittals .............
Continuing the Work .................. 28
CONTRACTOR's General
Warmnty and Guarantee ............ 28
6.31-633 Indemnification ..................... ;. 28
6J4 Survival of Obligations ................ 28
OTHER WORK ..................................
7.1-7.3 Related Work at Site .................. 29
7.4 Coordination
OWNER'S RESPONSIBILITIES ................. 29
8.1 Communications to Contractor ........
Replacement of ENGINEER ..........
Furnish Data and Pay Promptly Wlten
Due
Lands and Easemehts; Reports and
Tests ........................... :... 29
Insurance .............................
6.26
6.27
'6.28
6.30
8.2
83
8.4
8.5
A~tlcle or Paragraph
Number & Title
8.6
8.7
8.8
8.9
8.10
9.2
9.3
9.4
9.5
9.6
9.7-9.9
9.10
9.11-9.12
Page
Number
Cha~ge Orders .......................
Inspections, T~ts a.nd Approvals ...... 29
Stop or Suspend Work; Terminate
CONTRACTOR's Servims .........
Limitations on OWNER's
Asbestos, PCBs, P~troleum, F,~rdous
Waste or Radioactive Matet~ , .....
8.11 Evidence of Finan~al Armngemcn~ .. :50
ENGINEER'S STATUS DURING
CONSTRUCTION ............................... 30
9.1 OW~'ER's Repmsentaxive ............
Visits to Site ..........................
Project Representative ................ 30
Clarifications and Interpretations ...... 30
Authorized Variations in Work ........ 30
Rejecting Def~dvc Work ............. 30
Shop Drawings, Change Orders and
Payments .... , ..................... 3I
Determinations for Unit Prices ........ 3I
Decisions on Disputes; ENGINEER as
Initial Interpreter ................... 31'
9. I3 Limitations on ENGINEER's
Authority and Respons~ilities' .'.. :... 31
I0. CEANGES. IN THE WORK ..................... 32
10.1 OWNER Ordered Change ............ 32
10.2 'Claim for Adjustment ................. 32
10.3 ' V~brk Not Required by Contract
Documents .............. 32
10.4 Change Orders
10.5 NotificatiOn of Surety ..............
1 I. CHA~. GE OF CONTRAC~ PRICE .............. -32
11.1-I 1.3 Contract Prim; Claim for Adjustment;. ·
Value of the Work .................. 32
11.4 Cost of the Work ..................... 33
I 1.5 Exclusions to Cost of the Work ....... 34
11.6 CONTR.~R's Fee ................ :54
11.7 Cost Records ......................... 34
11.8 Cash Allowanm~ ' 35
! 1.9 Unit Price Work ...................... 35
1~ CHANGE OF CONTRACt TIMES .............. 35
12.1 Claim for Adjustment .................. :~5
12.2 Time of the Essence .......... ; ........ 35
12.3 I~lays Beyond CON"I'R.RCTOR's
Control ........... ; ................ 35
12.4 Delays Beyond OWNER's and
CONTRACTOR's Control .......... 35
'"- 13. TESTS AND INSPECTIONS; CORRECTION,
REMOVAL OR ACCEFrANCE OF.DEFE~
13.1 ' Notice of Defects ..................... 36 : _
13.2 Access to the Work - . .....
13.3 Tests and Inspections; Contractor's .
Cooperation ...... · ................
' An'icle or Pa~agr~h
ICuinber & 2-~le
13.4
13-5
13.6-I3.7
13.8-I3.9
13.10
13.11
13.12
13.12
13.14
lVum~er
OWNER's R~ponsfialitie~;
Independent T~g ~~ .... ~
Cov~agWo~ ~or ~ ~on.
T~fing or ~m~' . ............... ~
Un~v~ng Wo~ ~ ~G~'s
R~u~t ............. ~ ...... · ........ 36
O~ER May Stop &~ Wo~ ......... ' ~
Co--on or ~ov~ of ~v~
Wo& ............................... ~
Co~oa ~fl~ ....... : .............
A~ of ~f~w Wo~ ... ~ .... ~
O~ER M~y Co~ Def~v~
Wo& ............................... 37
14.
PAYMENTS TO CONTRACTOR AND
COMPLETION ................................. 37
14. I Schedule of Value~ .................... 37
14.2 Application for Progre~ Payment ...... 38
14.3 CONTRAClqDR's Wm~ranty of Title ... 38
14.4-14.7 Review of Applical/ons for
Progr--~s Payments ................. 38
14.8-14.9 Substantial Compl~tion ............... 39
14.10 PartiaI Utilization ............. : ....... 39
14.11 Final Inspection .............. ~ ....... 39
d~rzicle or ~z~zgra~h
Number & l-ttle
i4.12 Final ApPlication for Payment .........
14.13- I4.14 Final Payment and Acceptanc~ ........
14.15 Waiver of Claimz ' . .......
15. SUSPENSION OF WORK AND ·
TERMINATION.,. ~ ... ~...i,~..: ~ ................
15.1 OWNER l~fzy Su.spertd Work .........
15.2-t5.4
15_S
Page
Number
4O
4O
4O
4O
4O
OWNER May Termiaa~ 40
CONTRACTOR May St~p Work or
Termioat-' ..~...~ .... -. ..... ~ ........ 41'
· 16. DISPUTE RESOLUTION ................ 4I
17. MISCELLANEOUS ............................. 42
'17. I Giving Notice ....... ~ ................ 42
'17.2 Computation of T'~n~ ................ 42
17.3 Notic.~ of Claim ....................... 42
17.4. Cumulative Remediez. ................. 42
17.5 Profes.sional ...., ~.,~ and Court COsts .'
Included ........................... 42
EXHIBIT GC-A (Optional):
Disput~ Resolution Agr~ment (Optional) ..... C-C-Al
16.1-16.6 A/-bitraziou .................... GC-AI
16.7 Mediation ................. GC-A2
INDEX TO GENERAL CONDITIONS
'Article or Paragraph
Number
Acceptance
Bonds and Insurance ................................ :5.14
defective Work ....................... 10.4.1, 13.13, 13.15
tinal payment ................................. 9.12, 14.15
insurance ........................................... 5.14
other Work, by CONTRACTOR ...................... 7.3
Substitutes and "Or-Equal" Items .................. 6.7.1
Work by OWNER. ........................ 2.5, 6.30, 6.34
Access to the~
Lands, OWNER and CONTRACTOR
responsibilities ..................................... 4.1
site, related work .................................... 7.2
Work ................................... 13.2, 13.14, 14.9
Acta or Omissions--, Acts and Omissions-
' CONTRA~R ............................. 6.9. !, 9.13.3
' ENGINEER ................................ 6.20, 9.13.3
OWNER ....................................... 6.20, 8.9
Addenda--definition of (also see
definition of Specifications) ........... (1.6, 1.10, 6.19) 1.1
Additional Propeccy Insurances ......................... :5.7
Adjustments
Contract Price or Contract
Times ......... 1.5, 3.5, 4.1,413.2, 4.5.2, 4.5.3, 9.4, 9_5,
10.2-10.4, II, 12, 14.8, 15.1
progress schedule .................. - .................. 6.6'
A~eement--
definition of' .......................................... 1.2
All risk Insurance, policy form ........................ :5.6.2
Allowances, Cash ' I 1.8
Amending Contract Documents ......................... 3.5
Amendment, Written.-
in general .... 1.I0, 1.45, 3.:5, §.I0, :5.12, 6.6.2, 6.8.2, 6.19,
r0.1, 10.4, !1.2, 12:1, 13.12.2, 14.7.2
· Appeal, OWNER or CONTRACTOR
intent to ...................... 9.10, 9.11, 10.4, 16.2~ 16.5
Application for l~ymeng--:
definition of' .......................................... 1.3
ENGINEER's Respons~flity. ........................
final payment .................. 9.13.4, 9.13.5, 14. I2-14.1§
in general .......... ' ............. 2.8, 2.9, :5.6.4, 9.10, 15.5
progress payment .............................. 14. I, 14.7
review of' ...................................... 14.4-14.7
Arbi~adon (Optional) ........... ; ................. 16.1-16.6
Asbestos---.
claims pursuant thereto ....................... 4.5.2, 4.5.3
CONTRACTOR authorized to stop Work .... ' 4.5.2
definition of .......................................... i.4
OWNER responsibility for .................... 4.5.1, 8.1ti
poss~le price and times change ..................... 4_~.2 '.:'
Authorized Variations in Work ........... 3.6, 6.*_5, 6.27, 9.5
Av~'lability of Lands .... , .......................... 4.1, 8.4 1
Award, Notice of--defined ................... · .1.25
Before Stetting Construction ................... ' 2.5-2.8 :':
Bid--definition of ' 1.5
(t.!, 1.I0, 2.3, 3.3, 4.2.6.4, 6. I3, 11.4.3, 11.9.1)
A~ticle or Paragraph
Number
Bidding Documents--definition of.. ' !.6 (6.8.2)
Bidding Requiremen~efinitions of ...... !.7 {1. I, 4.2.6.2)
Bonds--
acceptance of ....................................... 5.14
additional bonds ........................... 10.5, I 1.4.5'.9
Cost of'the Work .................................. 11.5.4
definition of ' ' 1.8
delivery of' ...................................... 2.1, $.1
final application for payment ................. 14.12-14.14
general -. .............. I.I0, :5.1-$.3, 5.13, 9,13,10.5, 14.7.6
performance, Payment and Other ................. 5.1-5.2
Bonds and Insurance--in general ......................... 5
Builder's risk "all risk" policy form ................... 5.6.2
Cancellation Provisions, Instumnce- . ....... :5.4.1I., 5.8, $.15
Ca~h Allowances ...................................... 11.8
Certificate of Substantial Completion ......... 1.38, 6.30.2.3,
14.8, 14.10
Certificates of Insl:~-tion ..... : .......... 9.13.4, 13.5, 14.12
Certificates of' Insurance .. 2.7, 5.3, 5.4. II, 5.4.13, 5.6.5, 5.8,
........... ............................ 5.14, 9.13.4~ :14.12
Change in Contract Price--
Cash Allowances ................................... 11.8
claim for price adjustment ' .4. I, 4.2.6, 4.5, 5.15, 6.8.2,
9.4,9.5,9.11, 10.2, 10.5, 11.2, I3.9,
13.13, 13.14, 15.1, 15.5
CONTRACTOR's fee ............................... I 1.6
Cost of the Work
general ' 11.4-11.7
Exclusions to ....................................... 11.5
Cost Records ....................................... I 1.7
in general .............. I~19, 1.44, 9.11, 10.4.2, 10.4.3, Il
Lump Sum Pricing ' 11.3.2
Notification of'Surety ............................. .. 10.5
Scope of' ....................................... 10.3-10.4
Testing and Inspection, Uncovering the Work ........ 13.9
Unit Price Work 1 !.9
Value of' Work .......... :...: ....................... 11.3
Change in Contract Times.-.
Claim for times adjustment .... 4.1,'4.2.6, 4.5, :5.15, 6.8.2,
9.4, 9.5, 9.11, 10.2, 10.5, 12.1, 13.9, 13. I3,
13.14, 14.7, I$.1, !$.~
Contractual time limits .: ............................ 12:.2
Delays beyond CONTRACTOR's control ............ 12.3
Delays beyond OWNER's and CONTRACTOR's con-
fro1 ..... ......................................... 12.4
Notification of' surety ....... · ........................ 10.5
Scope of change ............................... 10-3-I0.4
Change Orders--
Acceptance of. De~eefive Work ...... ~ .............. 13.13
Amending Contract Documents ...................... 3.5
Cash Allowances ................... I 1.8
Change of. Contract Ih'ice ., .......... ~. ~ .............. i i ~
Change of. Conla-act Tunes ................ , ............ 12
Changes in the Work ................... ' - ...... 10
CONTRACTOR's fe~ · ! 1.6
Cost of the Work .'... ;. ' ' . I 1.4-11.7
Article or P~ragraph
Number
Cost Records ....................................... 11.7
definition of ..................... ; .................... 1.9
emergencies ........................................ 6.23
ENGINEER's responsibility ......... 9.8, 10.4, 11.2, 12.1
execution o~' ........................................ 10.4
Indemnification ..................... 6.12, 6.16, 6.31, 6.33
Insurance, Bonds and ................... 5.10, 5.13, 10.5
OWNER may terminate ........................ 15.2-15.4
OWNER's Respons~ility ....................... 8.6, 10.4
Physical Conditions--
Subsurface and .............. : ....................... 4.2
Underground Facilities ........................... 4.3.2
Record Documents ................................. 6.19
Scope of' Change ............................... 10.3-I0.4
Substitutes ................................... 6.7.3, 6.8.2
Unit Price Work .................................... 11.9
value of Work, covered by ..................... · ..... l 1.3
Changes in the Work ........ · ............................ I0
Notification of surety ............................... 10.5
OWNER's and CONTRACTOR's responsibilities .... I0.4
Right to an adjustment ................... . ...........10.2
Scope of' change ............................... 10.3-!0.4
Claims--
against CONTRACTOR ............................. 6.16
against ENGINEER ................................ 6.32
against OWNER .................................... 6.32
Change of Contract Price ....................... 9.4, I 1.2
Change of Contract Times ...................... 9.4, 12.1
CONTIL-~CTOR's 4, 7. I, 9.4, 9.5, 9. I I, 10.2, 11.2, 11.9,
12.1, 14.8, 15.1, 15.5, 17.3
CONTRACTOR's Fee ........................ · ......11.6
CONTRACTOR's liability ............ 5.4, 6.12, 6.16, 6.31
Cost of the Work .............................. I 1.4, 1 !.5
Decisions on Disputes .................. 9.1 I, 9.12
Dispute Resolution .................... . ............. 16.
Dispute Resolution Agreement .................. 16.1-16.6
ENGINEER as initial interpretor .................... 9.11
Lump Sum Pricing ................................ 11.3.2
Notice of ..................... ': ........ .. ............ I7.3
OWNER's ......... '.. 9.4, 9.5, 9.11, ~0.2, 11.2, i 1.9, 12.1,
13.9, 13.1~ 13.14, 17.3
OWNER's liability ................................... 5.$
OWNER may refiase to make payment ..'. ........... 14.7
Professional Fees and Court Costs Included .......... 17.$
request for formal decision on ........................ 9. I 1
Substitute items ....... : .......................... 6.7.1.2
Time Extension ..................................... 12.1
Time requirements ............................ 9.1 I, 12. I
Unit Price Work ........ - .......................... 11.9.3
Value of ............................................ I !'.3
Waiver of--on Final Payment ................ 14.14, 14.15
Work Change Directive ............................. 10.2
written notice required ...; ............... 9.11, 11.2, 12.1
Clarifications and Interprel~tions ' 3.6.3, 9.4, 9. I I
Clean Site ............................................ 6.17
Codes of Technical Society, Or~anization or
Association ......................................
Commencement of Contract Tunes ..................... 2.3
Communications--
Article or Paragraph
Number
. general ................................... .. 6.2, 6.9.2, 8.1
I-~aza~d Communication Prog~.ms ................... 6.22
Completion--
Final ApplicatiOn for Payment ...................... 14.12
Final Inspection ................................... 14. I
F~nal Payment and Acceptance ............... 14.13-14.
Ps.trial Utilization .................................. 14. I 0
Subsm. ntial Completion ................... 1.38, 14.8-14.9
Waiver of Claims .................................. 14.15
Computation of Times i 7.2. I-17 ....
· Concerning Subcontr'a~tors,
Suppliers and Others ............................ 6.8-6.
Conferences--
initially acceptable schedules ......................... 2.9
preconstruction ...................................... 2.8
Conflict, Error, Ambiguity, Discrepancy--
CONTRACTOR to Report ..................... 2.5, 3.3.2
Construction, before starting by CONTR3.CTOR .... 2.5-2.7
Construction Machinery, Equipment, etc ................ 6.-"
Continuing the Work ............................. 6.29, I0.-~
Contract Documents--
Amendin~ ..'...'.: .... ~. ....: ...... . .... '...t ............ 3.$
Bonds ..................................... ~ .... : ....5. I
Cash Allowances ' 1 I.$
Change of Contract Price ............................. I
Change of Contract Times .................. · ..........12
Changes in the Work ........................... 10.4-I0.5
check and verify ................................ : ....2.5
Clarifications and lnte~rerations ....... 3.2, 3.6, 9.4, 9.
definition of ' 1.10
ENGFNEER as initial interpreter of ................. '9.1
ENGINEER as OWNER's representative ............ 9. I
general ................................................ 3
Insurance .......................... : ................. 5.3
Intent ' ' '" .. 3.1-3.4
minor variations in ~he Work .' ........... :...'.' ......... 3.6
OWNER's responsibility to furnish dam ' ' . ' 8.3
OWNER's respons~ility to make
prompt payment .......... ' .. ~.~, 14.4, 14.13
precedence .................................... 3.1, 3.3.3
Record Documents ................................. 6.19
Reference to Smndaxds and Sl:~cifications
of Technical Societies .............................. 3.3
Related Work ......................................... 7.2
Repo~ng and Resolving Discreganci~ ............ 2.5, 3.3
Reuse of ............................................. 3.7
Supplementing ' .3.6
Termination of ENGINEER's Employment ........... 8.2
Unit Price Work .................................... 11.9
variations ..... ' 3.6, 6.23, 6.27
Visits to Site, ENGINEER's ...... '.' ...... ~ ....... .... 9.2
Contract Price--
adjustment of. ................ 3,5, 4. I, 9.4, 103, 11.2-I 1.3
Change of' ........................ t .... ;-~ ............ ! I
Decision on Disputes ............ -.. ~ ................ 9. I I
definition of ................... -:--; ...........' ...... I. I 1
Contract Times----
adjustment of' ................... t" 3.5' 4.1, 9.4, 10.3, 12
Change of' ..... ................................. 12.1-12.4
ArticI~ or Paragraph
Number
Commencement of .................................... 2~
definition of ......................................... ! .12
CONTRACTOR--
Acceptance of' Insurance ............................ $. I4
Limited Reliance on Technic. al Data Authorized ..... 4.2.2
Communications ............................... 6.2, 6.9.2
Continue Work ................................ 6.29, 10.4
coordination and scheduling ......................... 6.9.2
definition of ............................. · ........... 1.13
May Stop Work or Terminate ....................... 15.5
provide site access to others .................... 7.2, 13.2
Safety and Protection ....... 4.3.1.2, 6.16, 6.18, 6.21-6.23,
7.2, 13.2
Shop Drawing and Sample Review Prior to Submittal. 6.25
Stop Work requirements ........................... 4..5.2
CONTRACTOR's-.--
Compensation .................................. 1 I.I-I 1.2
Continuing Obligation .............................. 14.15
Defective Work .......................... 9.6, 13.10-13.14
Duty to correct defective Work ..................... 13.11
Duty to Report-- '
Changes in the Work caused by
Emergency ....................................... 6.23
Defects in Work of Others ......................... 7.3
Differing conditions . .' ............................ 4.2.3
Discrepancy in Documents ........... 2.5, 3.3.2, 6.14.2
Underground Facilities not indicated .............. 4.3.2
Emergencies ........................................ 6.23
Equipment and Machinery Rental, Cost
of the Work ........................ i. i ........ 11.4.5.3
Fee--Cost-Plus ..................... 1 1.4.5.6, 11.5. I, 11.6
General Warranty and Guarantee ............. ~ ......6.30
Hazard Communication Programs ................... 6.22
Indemnification ...................... 6.12, 6.16, 6.31-6.33
Inspection of the Work .................... , ....7.3, ! 3.4,
Labor, Materials and Equipment'. ......... ; .......6.3-6.5
Laws and Regulations, Compliance by ............. .6.14. I
Liability Insurance .................. : ................ 5.4
Notice of Intent to Appeal ..................... 9.10, 10.4
obligation to perform and complete the Work ........ 6.30'
Patent Fees and Royalties, paid for by ............... 6.12
Performance and Other Bonds ........................ 5. I
Permits. obtained and paid for by .................... 6.13
Progress Schedule ..... 2.6, g.8, 2.9, 6.6, 6.29, 10.4, 1§.2. I
Request for formal decision on disputes ............. 9.11
· "Respons~ilities--
Changes in the Work ~. ................ ~ ............ 10. I
Concerning Subcontractors, Suppliers and Others. 6.8-
6.11
Continuing the Work ......... i .............. 6.29, 10.4
CONTRACTOR's expefise ....................... 6.7.1
CONTRACTOR's General Warranty and Guaran-
tee ............................................... 6.30
CO NTRACTOR's review prior to Shop Drawing or
Article or Paragraph
Number
For Acts and Omissions of Others ..... 6.9. !-6.9.2, 9.13
for deductible amounts, insurance .................. 5.9
general ................................. 6, 7.2, 7.3, 8.9
I-{azardous Communication Program~ ............. 6.22
Indemnification .............................. 6.3 I-6.33
Labor, Materials and Equipment ................6.3-6.5
Laws and Regulations ............................ 6.14
Liability Insuranc~ .................................. 5.4
Notice of' variation from Contract Documents ..... 6._'Z7
Patent Fees and Royalties ......................... 6.12
Permits ........................................... 6.13
Progress Schedule ................................. 6.6
Record Documents ............................... 6.19
related Work performed prior to ENGINEER's
approval of' required submittals ................. 6.~
safe structural loading ............................ 6.18
Safety and Protection ........ :.........:.. 6.20, 7.2, 13.2
Safety Representative ............................. 6:21
Scheduling the Work ' 6.9.2
Shop Drawings and Samples ...................... 6.24
Shop Drawings and Samples Review
by ENGINEER ' 6.26
Sire Cleanliness ................................... 6.17
SubmirtaI Procedures ...................... 2 ......6.25
Substitute Construction Methods and
Procedures .................................... 6.7.2
Substitutes and "Or-Equal" Items ....... : ........6.7.1
Superintendence ....... : .... .' 6.2
Supervision ........ ' ....... · ..... ' ...................... 6.1
Survival of Obligations ...... ; ......: ............... 6.34
Taxes ............................................. 6.15
Tests and Inspections ....... :.;...; ........ ' ....... I3.5
To Report ' 2.5
Use of Premises .................... 6A&6.18, 6.30.2.4
Review Prior to Shop Drawing or Sample Submittal .. 6.25
Right to adjustment for changes in the'Work ..... '... 10.2
right to claim .. 4. 7.1, 9.4, 9.5, 9.11, 10.2, 11.2, 11.9, 12.1,
Safety and Protection ................. 6.20-6.22, 7.2, 13.2
Safety Representative ............................... 6.21
Shop Drawings and Samples Submittals .... ; ....6.24-6.~
Special Consultants ............................... 11.4.4.
Substitute Construction Methods and Procedures ..... 6.7
Substitutes and "Or-Equal" Items, Expense .. 6.7.1, 6.7.2
Subcontractors, Suppliers and Others . ' .. 6.86.11
Supervision and Superintendence .......... '. 6.1,6.2, 6.2I
Taxes, Payment by .................................. 6. I.5
Use of Premises ................................ 6.16-6.18
Warranties and guarantees ...................... 6.30, 6.~
Warranty of Title ...... 14.3
Written Notic~ Requ[red~ · ' ·
CONTRACTOR stop Work br terminate ~...'-' ;,. .... 15.5
Reports of Differing Subsurfac~ and Physical Condi-..}~!
tions ............................................. 4.2.3
pie submittal .................. ' 6.25 ::.:- Substantial Completion ..... ' .............' .........14.8 :~;:~.::i..
Coordination of Work ...... . ........ : ............... 6.9.2 CONTRACTO~ther ...: ......... ' ..........~ .........? ".'.
Emergencies ' ' 6.~ ~ Contractual Liability Insurance ..'..' ............
ENGINEER's evaluation, Substitutes Contractual Time Limits ...... .........._............ 12.2 ", '"
or "Or-Equal" Items .......................... 6.7.3 i' ' Coordination ..: .
· ' "" .':/:'- 6 ..... '
Article or Paragraph
Number
CONTRACTOR's cespons~,'lity .................... 6.9.2
Copies orr Documents .................................. 2.2
Correction Period .................................... 13.12
Correct. ion, Removal or Acceptance of
Defective W'ork
in general ............................. 10.4. I, 13.10-13.14
Accepr. ance of' Defective Work.. ....................
Correct;on or Removal of' Defective Work ..... 6.30, 13. II
Correction l%riod .................................. 13.12
OWNER May Correct Defective Wor~ ............. 13.I4
OWNER May Stop Work .......................... 13.10
Cost~
of Tests and Inspections ............................. 13.4
Records ............................................ I 1.7
Cost of the Work~
Bonds and insurance; additional ................. 11.4.5.9
Cash Discounts ................................... I1.4.2
CONTRACTOR's Fee .............................. 11.6
Employee Expenses ............................. 11.4.5.1
Exclusions to ....................................... !i
General ........................................ ! 1.4-11.5
Home office and overhead exp~nses ................. i i.5
Losses and damages ............................. i 1.4.5.6
Ma!crisis and equipment .......................... II.4.2
Minor expenses ................................. 11.4.5.8
Payroll costs on changes .......... : ............... 11.4.1
performed by Subcona'actors .............. ~ .......11.4.3
Records ............................. ' ............... ! 1.7
Rentals of construction equipment a~d machinery. ! 1.4.5.3
Royalty paymcnLs, permits cud license fe~s . .~;.. 11.4.5.5
Site office and temporary fac~qities ............... 11.4.5.2
Special Consultants, CONTRAC'I~R's .......... ... I 1'.4.4
Supplemental ..................................... I {.4.5
Taxes re{ated to the Work ....................... 11.4.5.4
T~sts and Inspection ................................ 13.4
Trade Discounts .................................. 1 i.'4.2
Utilities, fuel and sanitary facilities .......... · ..... 11.4.5.7
Work aRer regular hours ........................... ! 1.4.1
Covering Work ...... : ............................ 13.6-13.7
Cumulative Remedies ............... ~ ............ 17.4-17.5
Cut'dug, fitting and patching ................ L: ......'...~. 7.2
Dar~, to be furnished by OWNER .......... ; ........... 8.3
Day--definition of. ...................................17.2.2
Decisions on Disputes ........................... 9.11, 9.12
defective~efinition of ................................1.14
defective Workw
Acceptance of .............................. 10.4.1, 13.I3
Correction or Removal of ................... 10.4.1, 13.11
Correction [%riod ................... : .............. 13.12
in general ............................ · ..... 13, 14.7, 14.11
Observation by ENGINEER .............. ; ..........92.
OWNER May Stop Work .......................... 13.10
Prompt Notice o~' Defects ...........................
Rejecting ............................................ 9.6
Uncovering the Work ............................... 13.8
Definitions ............................................... !
Delays ................................. 4.1, 6_'x), 12.3-12.4
Detiv~T of Bonds ...................................... 2.1
Delivery oF certificates of' insurance ..... .. :...: ..........2.7
Article or Paragraph
Number
Determinadons For Unit Prices ........................ 9.10
Differing Subsurfa~:e or
Physical Corididons
Notice of ' .. 4.2.3
ENGINEER's Review ............................. 4.2.4
PossibLe Conwac: Documents Change ............... 4.2~
Possible Price and Times Adjustments .............. 4.2.6
Discrepancies-Reporting and Resolving .... ZS, 3.3.2, 6.14.2
Dispute Resolution---
Agreement ..................................... 16. t-16.{5
Arbitration ..................................... 16. I-I{5.5
gener-al ............................................... 16
Mediation .......................................... 16.6
Dispute Resolution Agreement .................... 16.1-16.{5
Disputes, Decisions by ENGINEER .............. 9.1 I-9.12
Documents---
Copies oF ............................................ 2.2
R~corcl ... ~ ......................................... 6.19
Reuse of' ............................................. 3.7
Dmw~ngs--<te~nition of ............................... !. 15
Easements ' 4.1
Effective date of Agreement---definition of 1.16
Emergencies ...... ; .................. - ...........; .....6.23
ENG [NEER~ --
as initial interpreter on disputes ................. 9.11-9.12
definition of ........................................ 1.17
Limitalions on authority and
responsibilities ................................. 9.13
Replacement of ....... ; .............................. 8.2
Resident Project Representative ...................... 9.3'
ENGINEER's Consultnnt-~del:inifion of ............... I.I8
ENGINEER's-- '. -
authority and msponsil~ility, limit~on~ On ..... 9.13
Authorized Variations in the Work ..................... 9.5
Change Orders, responsibility for ' ... 9.7, 10, 11, 12
Clarifications and Interpmtazio~s ' 3.6.3, 9.4
Decisions on Disputes .......................... 9.1 I-9.12
defective Work, nodce of ........................... 13.1
Evaluation of Substitute Items ... 6.7.3
Liability ' .'6.32, 9.12
Notice Work is Acceptable 14.13
Observations ................................. 6.30.2, 9.7.
OWNER's Representative ........................... 9. I
Payments to the CONTRAC'rOR,
Responsibility for . [ ............... ... ~ ..... 9.9, 14
Recommendation of Payment ' · 14.4, 14.13
Respons~ilities---
Limitazions on ........................ .! ...... 9.1 I-9.13
Review of Reports on Differing SubsurFace
and Physical Conditions ....... ' ......~..: ........ 4.2.4-
Shop Drawings and Samples, review ' ~
6.26'
Status During Construction--- . - ~
authorized variagons in fire Work' ~..;~;~;."" ........ 9~ .'
Clarifications and Interpml~ons ",~.-; ,~-;; ....... 9.4
Decisions on Disputes ............ ~ ;:. i-,i,L.. ;.. 9.11-9.12 .
Detcrminalions on Unit Price ...: ........ : ........9.10
ENGINEER a.s Initial' Interpre3er ~;:;'i~:;'2~-.-.'-- 9.1 !-9.12 ·
ENGIN EER:s Respons~Biti~s .. ;.'.; .... ; .....9.1-9.12.
· .:.-;.':~ ' :?t -,[; .- -".'
~'ticle or Paragraph
Limitalions on ENGINEER's Au~oH~
R~spons~fli~s ................................... 9.13
~oj~ct R~pr~en~v~ .... . ......................... 9.3
Re~ec~ng Defe~v~ Wo~ ......... ' ................. ~.6
Shop D~n~,
~ymen~ ..................... L .............. 9.7-9.9
Visi~ to Site ...................
~sf~ to Site .........................................
Wdt:en cogent mq~md ......................... 7~, 9.1
Equipment, ~or, M~ed~s ~d ................. 6.~.5
Equym~nt mn~, Cost o~ ~e Wo~ ................ I 1.4.5.3
Equ~v~ent M~e~s and Equipm~ .. ~ .................. ~.7
E~ors or o~[ons ..... '. ...... ' ....................... ~3
Evidenc~ of Fin~ci~ A~gemen~ ................... 8. I I
Explo~do~ of physi~ ~nd{do~ ........ ; .... : .....4~.1
Field Order~
issu~ by ENG[~ER ........ L ...j .......... 3.6.1, 9.5
Fin~ AppliCon for ~ent 14.12
~n~ ~yment~
~d Accep~ce ....... ~ ...... ~ ................ 14.1~14.~4
~or to, for c~h ~Iow~ces ...... '. ................. I 1.8
Gene~ Requimmen~
pHnc¥~ refe~nces to .............. '2.~, 6.4, ~.~.7, 6.24
Giving Notice ..... ~ ..................... ~ ........ ..... 17.1
G~tee of Wo~y
CO~R .............................. 6.30, 14.12
H~n~ous W~te~
sene~ .............................................. 45
O~ER's ms~na~iw for .......... ~ ............. 8.10
Ins~c~o~
Tes~ ~nd Appmv~ ......................... 8.7,
Insu~ce--
Acceptance of, by O~[[ .... :~ ................... 5.14
Add[don~, ~u[md by c~ .
Befo~ s~S ~e Wo~ .............................
Bonds and~n ~n~ ............ '
Manuals (of others)-- .---.--'~.. ~
Precedence ............ ' ' ' ... 3.3.3.1
"A~ticle"or Paragraph
Number
deductible mounts, CONTRACTOR2s
respons~tity ............................... '-'.... 5.9
Final Application for Payment ...................... 14.12
Licensed Insurers ..................................... '5.3
Notice requiremet~ts, mazerlal
changes .................................. :5.8, 10.50
Option to Replace .............. . ................ .....
other special insurances ....... · ........... ........... :5.10
OWNER as fiduciary for imureds .............. 5.12-5.13
OWNER's Liability ' .5.5
OWNER's Responsibility ............................ 8.~
l:~r~I Utiliz~J:ion, Property Insurance ............... 5.15
Property ' ' ' .. 5.6-5.10
Receipt and Application of Insuranc~ Proceeda .. 5.12-5..13
Special Insurance ........................... ; ........ 5.10
'Intent of Contract Documents .... ... d ................3.. 1-3.4
Interpretations and Clarifications ................. 3.6.3, 9.4
Investigations of physical cohditiom ' 4.2
Labor, Mau:rials and Equipment '. ........... 6.3-6.5
Lands--- · - .
and Easements ....... '... 8.4
Availability of ............... ;...: ......... ....... 4.1, 8.'4
Reports & Tests .................. .; ' ' 8.4
Laws and RegUlations--Laws or Regulations-- .
Bonds ................. ; ..... . .............. ........ 5. I-5.2
Changes in the Work ............. -.....: ..... ; ........ 10.4
Contract Documents ' ' 3.1
CONTRACTOR's Re~ponsi'oiliti~ ................... 6.14
Correction Period, defective Work ..... ' ...... 13.12
Cost of the Work, taxes'. ...... ; .... : .............11.4.5.4
definition of ................. ' ........ ' ............... 1.22
general ................ ' ............................. 6.I4
Indemnification .............. :....' ............. 6.31-6.33
· Insurance ............................................ 5.3
Precedence · 3.1, 3.3.3
Reference to ' 3.3.1
Safety and Protection ......................... .' 6.20, 13.2
Subconrm.ctors, Suppliers and Others ... ' .6.8-6.11
Tests and Inspections ............................... 13.~
Use of Premises .............. ; ..................... 6.16
Visits to Site ......................................... 9.2*
Liability Insurance--
CONTRACTOR's .................................... ~.4
OWNER's ........................................... 5.5
Licensed Sureties and Insurers .......................... 5.3
Application for Proof=ss Payme~ ................... 14.2
Contnu=tor's Wan~.nty of Title ....................... 14.3
Final Application for Payment: ..................... 14.12
definition of .........................
Limitations on ENGINEER's ~uthodty and
Li .raked Re[iance by CO~R
Maintenance and Operating Manuals-~
Final Application for Payment .............. ' ........ 14.12
~u'ticle or Paragraj~h
Number
Reference to in Contract Documents ................ 3,3.1
Materials and equipment-- .
fumlshed by CONTRACTOR ........................ 6.3
not incorporated in Work ............................ t,*.2
Materials or equipment--equivalent ..................... 6.7
Mediation (Optional) .................................. !6.7
Milestones~definitio n of .............................. 1.24
MiacelIaneous=--
Computation of' Times .............................. I7.2
Cumulative Remedies ............................... 17,4
Giving Notice .................. ~ .................... 17. I
Notice of CIaim ........... i ...... ' ................... 17.3
Professional Fees and Court Costs Included .......... 17.5
Multi-prime contmc~ .................................... 7
Not Shown or Indicated .............................. 4.3.2
Notice
Acceptability of Project ............................. 14.13
Award, defnitS, on of ................................. 1.25
Claim .............................................. 17.3
Defects ............................................. 13.1
Differing Subsurface or Physical Conditions .......... 4.2.3
Giving .............................................. 17.1
Tests and Inspections .................... ; .......... 13.3
Variation, Shop Drawing and. Sample ................ 6.27
Nocic- to Proceed--
de,~nition of ......................... i .............. 1.26
giving of ............................................. 2.3
Notification to Surety ................................. 10.5
'Observations, by ENGINEER .... :.'. .............. 6.30, 9.2
Occupancy of the 'Work'. ...... ~ .'.' ...... 5.15, 6.30.2.4, 14.10
Omissions or acts by CO~R ............. 6.9, 9.13
"Ol~n peril" policy form, Insurance .......... ; ........5.6.2
Option to Rep[ace' . .................................... 5.14
"Or Equal" Items ...................... '. ............... 6.7
Other work .............................................. 7
Overtime Work--prohibition of .. 6.3
OWNER--
Acceptance of defective Work ...... '; ............... 13.13
appoint an ENGINEER .......... · .................... 8.2
as fiduciary .................................... 5.12-5.13
' Availability of Lands, r~spons~ility ........... ;..
de~nkion of ........................................ 1.27
data. furnish .................. ; ...........i .......... 8.3
May Correct Defective Work ....................... 13.14
May re~se to make payment .............. :..' .......
May Stop the Work .......................... i .....13.10
may suspend work,
t~rm]nate ....................... 8.8, I3.10, 15.1-1.5.4
Payment, make prompt .. ................. $3, 14.4, 14.13
pert'orrnanca of'other Work ................ ; .... : .....7.1
permits and license~; r~quir~ments .................. 6.1~)
purchased insurance requirements ........... .... 5.6-5. I0
OWNER's~
Acceptance of the Work < ....... ~ ...... ~ ..........6.30.2~
Change Order, obligation to
execute ....... ; ......................... ;.. 8.6, 10.4
C~munications ............ ; .............' ...........$.1
Coordination of the Work ...., ........................ '/..4
Diaputes, request for decision ........... i..: ........ 9.11
.' /~icl~ or Paragraph
Number
Inspections. tests and approvals ......... ' 8.7. 13.4
Liability Insurance ' .... ........... 5.5
Notice of Defects ................................... 13.1
Representa~ve---Dtu'[ng Construc~on,
ENGINEER's Status ............................ 9.1
Respons~ilit~es---
A~bestos, PCB's, l%t~leum~
Waste on Radioactive MarsHal .................. 8.10
" Change Order~ .................. ; ................. 8.6
Changes in the Work .................. ~ ........... 10. I
communications ................................... 8.1
CONTRACTOR's r~pons~iti~ .................. $.9
evidence of' financial arrangements ................ 8.11
inspections, text.~ and approvals .................... 8.7
Insurance ......................................... 8.5
lands and easements ............................... 8.4
prompt payment by ................................ 8.3
. 8.2
replacement of ENGINEER ................. . .....
repor~ and teats ' 8.4
stop or stmpend Work .................. 8.8, 13.10, 15.1
terminate CONTRACTOR's serv|ce~ ' ' 8.8, 15.2
separate representative at site ........ · ......... * ......9.3.'
independent teeing ................................. 13.4
us~ or occupancy o~' the ."
Work ' .5.15, 14.10
written consent or approval
required ................. ~ ......; ......9.1, 6.3, l 1.4
written notice '-
PCBs--
deHnition of' .......... ' .... : .............. : .......... 1.29
general ............. ; .... ; ........................... 4.5
OWNER's r~sponaib~ity for .'~ ...................... ' 8. I0
Partial Utilization--- ....
deHnkion of ........................................ 1.28
general ................................... 6.30.2.4,, 14.10
Prope~y Insurance ...... ' ............ : .............. 5.15
Patent Fees and Royalti.ea ............. ' ................ 6.12
· Payment Bonds ................ : .................... 5.1-5~
Payments, Recommendation of 14.4-14.7, I4. t3
Payments to CONTRAC'IE)R and Completion--.
Application ['or l:~)gr~na Paymen~ts .................. 14.2
CONTRACTOR's Warranty of Title .............. ' 14.3
Final Application ['or Payment ...................... 14.12.
Final Inspection .................................., 14.11
Final Payment and Acceptanc~ '. ....... i'. ..... 14.13-14. I4
general ........................................... 8.3, I~'
Retainage ........................................... 14.2
Review of Applications for Pmgr~s .
prompt payment .................
Schedule o{' Yalues ........ , .......' .................. 14.1
Substantial Completion 14.8-14.~-
withholding payment ............... -.- ............... 14.7
Article or Paragraph
Number
Petroleum--
definition of ........................................ 1.30
genera{ ........................ ; ..................... 4,5
OWNER's respons~ility for ........................ 8. I0
Physical Conditions---
Drawings of, in or relating to ..................... 4.2.1.2
ENGINEER's review .............................. 4.2.4
existing structures .................................. 4.2.2
general ........................................... 4.2. I.2
Subsurface and ........... ; ........................... 4.2
Underground Facilities ............................... 4.3 '
Possible Contract Documents change ............... 4.2.5
Possible Pr{c= and Times Adjustments ... ............ 4.2.6
Reports and Drawings .............................. 4.2. I
Nodce of Differing Subsurface or, .................. 4.2.3
Subsurface and ...................................... 4.2
Subsurface Conditions ............................ 4.2.1.1
Technical Dam, Limited Reliance by
CONTRACTOR Authorized .................... 4.2.2
Underground Fac~ifies--
general .......................................... 4.3
Not Shown or Indicated ....................... 4.3.2
Protection of ............................... 4.3, 6.20
Shown or Indicated ............................ 4.3.1
Technical Data ..................................... 4.2.2
Preconstruction Conference ............................ 2.8
Preliminary Maners ...................................... 2
Preliminary Schedules ...... ' ............................ 2.6
Premises, Use of ................................. 6.164.18
Price, Change of Contract .' .............. : ............... 41
Price, Contract-4iefinifion of .......................... l.l 1
Progress Payment, Applications for .; .................. 14.2
Progress payment--retalnage '. ......................... I4.2
Progress schedule, CONTRACTOR's ..... 2.6, 2.8, 2.9, 6.6,
6.--n), 10.4, 15.2.1
Project--definition of .................................. !.31
Project Representative--
ENGINEER's Status During Construction ............ 9.3
Project Representative, Resident
--definition of ...................................... !.33
pr'tmpt payment by OWNER ...........................
Property Insurance
Additional ........................................... 5.7
g~neral .......................................... 5.6-5.10
Partial Utilization ........................... 5.15, 14.10.2
receipt and applicalion of
proceeds ........................... ' ....... 5.12-5.13
Protection, Safety and ....................... 6.20-6.21, 13.2
Punch list ............................................ 14.11
Radioactive Material--
definition ........................................... ! .32
general .............................................. 4.5
OWNER's responsu'bility for ........................ 8.10
Recommendation of Payment .............. 14.4, 14J, 14.13
Record Documen~ ............................. 6.19, 14.12
Records, procedures for maintaining .... ; ............... 2.8
Reference Points .............................. · .........4.4
Reference to Standards and Specifications
of Technical Societies ................................ 3'.3
Article or Paragraph
Number
Regulations. Laws and (or) ............................ 6.14
Rejecting Def~:tive Work ............................... 9.6
Related Work--
at Site · 7. !-7.3
Performed prior to Shop Drawings
and Samples submittals review .................. 6.28
Remedies, cumulative ....................... - ..... 17.4, 17.5
Removal or Corr~:tion of '
Defective Work .................................... 13.11
rental agreements, OWNER approval
required ...................................... 1 i.4.5.3
replacement of' ENG/NEER, by OWNER .............. 8.2
Reporting and Resolving Discrepancies .... 2.5, 3.3.2, 6.14.2
Reports--
and Drawings ............................ J.; ........ 4.2.1
and Tests, OWNER's resp~nslbility .................. 8.4
Resident Project Representative--
definition of ......................................... 1.33
provision for ......................... · ................ 9.3
Resident Superintendent, CONTRACTOR's ............. 6.2
Respons~ilitiesw
CONTRACTOR's-in general ..... : ...........· ......... : 6
ENGINEER's-in general ................................ 9
Limitations on ..... : ................ ..: ..... ~ .... 9.13
OWNER's-in general .................................. 8
Retainage ............................................. 14.2
Reuse of Documents ..................... ' .......... 3.7
Review by CONTRACrORI Shop Drawings
and Samples Prior to Submittal ...................... 6.~
Review of Applications for Progress
Payments ' . .....14.4-14.7
Right to an adjustment ............... : ................ .10.2
Rights of Way ................. ; ........................ 4.1
Royalties, Patent Fees and ....... · ...................... 6.12
Safe Structural Loading ' 6.18
-Safety .....
and Protection ....... 4.3.2, 6A6, 6.18, 6.20-6.21, 7.2, 13.2
general ........................................ 6.20-6.~
Representative, CONTRACTOR's ................... 6.21
Samples~
definition of ........................................ 1.34
general ' 6.24-6.*.28
Review by CONTRACTOR ......................... 6.25
Review by ENGINEER ....................... 6.26, 6.27
related Work ............ · ............................ 6.~
submit'mi of ................................. ' ....... 6.24.2
submittal procedures ................................ 6.25
Schedule of progress ..... 2.6, 2.8-2.9, 6.6, 6.29, I0.4, 15.2.1
Schedule of Shop Drawing and Sample
Submittals , ' ................. 2.6, 2.~.2.9, 6.24-6.28
Schedule of Values ........................ 2.&, 2.S-2.9, 14.1
Schedules-- ' ' ....
Adherence to ............ ' '. ..... 153..1
^d us ng ...... : .............................. , ......
Change of Contract Times ............... ;;-~ ....... 10.4~.~j:~'.".
Initially Acceptable ...... : ............. .... "
Preliminar7 ............................. :' -~ ....... Z.b
sco e ..................... -......-:: :.....
Subsurface Conditions ..... ' ...............
Article or Paragraph
Number
Shop Drawings---
a~d Samples, genera~ ........................... 6.24-6.28
Change Ordem & Applic~ion~ for
Paymenta, and ............................... 9.%9.9
definition of ........................................135
ENGINEER's approval of ......................... 3.6.2
ENGINEER's respons~ilit~
for review ............................... 9.7, 6.24-6.28
related Work ........................................ 6.28
review procedures ............ " 2.8, 6.24-6.28
submit:a/required ................................. 6.24. I
Submit:al Pr~:edures .......... '. .................... 6.2~
use to appcove substitutions ........................ 6.7.3
Shown or Indicazed ....................... ; ........... 4.3.1
Site Access ....................................... 7.2, 13.2
Sire Cleanliness ................. : ..................... 6.17
Site, Visits to---
by ENGINEER ' 9.2, 13.2
by othem ........................................... 13.2
"S~cial causes of' loss" policy f.orm, insurance ....... 5.6.2
Specifications--
definition of ........................................ 1.36
or' Technicsl Societies, reference to ................. 3.3. !
precedence ........................................ 3.3.3
Standards and Specifications of. Technk~l
Societies .......................................... 3.3
Sta~ing Construction, Before ....................... 2.5-2.8
Starting the Work .... · .................................. 2.4
Stop or Suspend Work-=
by CONTI~R ....... ' ............. ' .....15.5
by OWNER .............................. 8.8, I3.10, I$.1
Storage of materials and equipment .................. 4.1, 7.2
Structural Loading. Safety ............................. 6. I8
Subcontractorm
Concerning ...................................... 6.8-6. t !
definition of' ........................................ 1.37
delays .............................................. 12.3
waiver of. righr~ ..................................... 6.1 !
Subcontractor~in general ........................ 6.8-6.11
Subcontrac:s--requir~t provisions ........ :5. I I, 6.1 I, I 1.4.3
Submit:als-- ~ '
Applications for Payment ........................... 14.2
Maintenance and Opera, on Manuals ............... 14.12
Procedures ......................................... 6.25
Progr~s Schedules .: ............................ 2.6, 2.9
Sampte~ ....................................... 6.24-6.28
Schedule of'values ... '. ' ................. 2.6, 14.1
Schedule of Shop Drawings and
Samples Submissions ' 2.6, 2.8-2.9
Shop Drawings ................................. 6.24-6.28
Substantial Completion~
certification of. ........................ 6.30.2.3, 14.8-14.9
definition of' ............ · ............................ !.38
Substitute Construction Methads or Proc~ures ....... 6.?.2
Substitut~ and "Or Equal" Items ................... 6.7
CO~R's Expense ....................... 6.7.1.3
ENGINEER's Eval,~affan ..................... , .... 6.7.3
"Or-Equal" . ....................................... 6.7. !
Substitute Construction Methods of Procedure~ ...... 6.7.2
Article or ParagraPh
Numbeb
Substitute Items .................................. 6.7.1.2
Subsurface and Physical Conditions--
Drawings of., in or relating to ..................... 4.2.1.2
ENGINEER's Review ............................. 4.2.4
general .............................................. 4.2
Limited Reliance by CONTRACI~R
Authoriz~l .................................... 4.2.2
Notice of Differing Subsurface or
Physical Conditions .............. ~ ................. 4.2.3
Physical Conditions 4.2.1.2
Possible Contract Oocument~ Change ................. 4.2._5
Possible PHce and Times Adjustments ................ 4.2.6
Reports and Drawings ................................ 4.2.1
Subsurface and ...................................... 4.2
Subsurface Conditions at the Site ................. 4.2. !.I
Technical Dam ..................................... 4.2.2
Supervision~
CONTRACTOR's respons~ility ...................... 6.
OWNER shall not supervise ............. ;.. .......... 8.9
ENGINEER shall not supervise ................. 9.2, .9.13.2
Superintendence ' .. 6.2
Superintendent, CONTRACTOR's res!dent .. >. ....... 6.2
Supplemental costs .................................. !
Supplementary Condidons~
definition of ................... . ..................... 1.39
principal reference to .... 1.10, 1.18, 2.2, 2.7, 4.2, 4.3, $.1,
5.3, 5.4, 5.6-5.9, ill, 6.8, 6.13, 7.4, 8.11, 9.3, 9.10
Supplementing Contract Documents .................... 3.6
Supplier-- ' .
definition 0f ........................................ 1.40
principal references to .......... i'. .... '.. 3.7, 6.5, 6.8-6.1 I,
6.20, 6.24, 9.13, 14.12
Waiver of Right~ ' 6. ! I
Surety~ ..
consent to final payment ................... '.'..14.12,' 14.14
ENGINEER has no duty to ......................... 9.13
Notification of ........................... 10.1, I0.5, 15.2
qualification of ................................... ~. I-5.3
"Survival of. Obligations ............................ ;... 6.34
Suspend Work, OWNER May .................. I3.10, 1.5.1
Suspension of Work and Termination-- .................. 15
CONTRAC'I~R May Stop Work or
Terminate ' 15.5
OWNER May Suspend Work ....................... I$. 1
OWNER May Terminate ....................... 15.2-15.4
Taxes-payment by CONTRACIOR '. ....
Technical Dam--
Limited R~liance by CO~R ...... ; .......} 4.2.2
Possible Price and Tunes Adjustments .............. 4.2.6
Reports of Differing Subsurface and
.4~_.3
Physical Conditions ............ r .......; .........
Temporary construction fam'lities ........................ 4.1
TermMation---
by CONTR. ACrOR ...':' ............... :: .........: 15'5
by OWNER ....... ; ......~ .......~,.,.,,. 8.$. 15.1-15.4
of ENGINEER's employment ...... i.: ...... , .........8.2
Suspension of Work4n general .., '..
Terms and Adjectiv~ ' ' .. 3.4
Tests and Inspections--- - -
Article or Paragraph
Number
Access to thc Work, by others ....... ' .13.2
CONTRACIE)R's respons~flities .................... D.5
cost of .............................................. 13.4
covering Work prior to ......................... 13.6-13.7
Laws and Regulations (o0 .......................... 13.5
Notice of Defects ................................... I3.1
OWNER May Stop Work 13.10
OWNER's independent testing ................. . ..... 13.4
special, required by ENGINEER ..................... 9.6
timely notice required ............................... 13.4
Uncovering the Work, at ENGINEER's
request .................................... 13.8-13.9
Times--
Adjusting ............................................ 6.6
Change of Contract ................................... 12
Adjusting ............................................ 6.6
Computation of ..................................... 17.2
Contract Times--definition of ........... ~ · 1.12
day ................................................ 17.72
Milestones ........................................... 12
RequiremenLs---
appeals .......................................... 16
clarifications, claims and
disputes ...: .... ; .................... 9.11, 11.2, 12
commencement of' contract times ...................2.3
preconstruction conference ......................... 2.8
schedules ................................. 2.6, 2.9, 6.6
starting the Work .......... ~ .......... ; ............ 2.4 '
-Title, Warranty of ..................................... 14.3
Uncovering Work ................................ 13.8-13.9
Underground Facilities, Physical Conditions---
definition of 1.41
Not Shown or lndicat~l ............................. 4.3.2
protection of' ................................... 4.3, 6.20
Shown or Indicat~:l ................................ 4.3.1
Unit Price Work~
claims ............ :..: ............................ 11.9.3.
definition of ........................................ 1.42
general ............................. 11.9, 14.1, la..5
Unit Prices---
general ........................................... i 1.3. !
Determination for ................................... 9.10
Use of Premises ........................ 6.16, 6.18, 6.30.2.4
Utility owners ...................... 6.13, 6.20, 7.1-7.3, 13.2
Article or Paragraph
Number
Utilization, Partial ............... 1.2~, 5.15, 6.30, 2.4, I4.10
Value of the Work ...................... ' ............... 11.3
Values, Schedule of' ....................... 2.6, 2.8-2.9, I4.1
Variations in Work--Minor
Authorized ................................ 6.25, 6.27, 9.5
Visits of Site--by ENG1NEER ......................... 9.2
Waiver of Claims-on Final
Payment ...........................................14.15
Waiver of Rights by insured parties ...............5.11, 6.1I
Warranty and Guarantee, General--by
CONTRACTOR ........................... ' .........6.30
Warranty of Title, CONTRACTOR's ................... 14.3
Workm
Access to ........................ : ........... '. ...... 13.2
'by others .............................................. 7
Changes in the .............................. -. ........ 10
Continuing the ...................................... 6.29
CONTRACTOR May Stop Work
or Terminate ................................... 15.5
Coordination of ...................................... 7.4
Cost of the ..................................... 11.4-11.5
definition of ........................................ 1.43
neglected by CONTRACIDR ........................ 13.I4
other Work ........................... , ................ 7
OWNER May Stop Work .......................... 13.10
OWNER May Suspend Work ~ ................ 13.10, 15.1
Related, Work at Site ............................. 7.1-7.3
Starting the ............................. ·.~ ............ 2.4
Stopping by CONTRACTOR ........................ 15.5
Stopping by OWNER ........ .' ................. 15.1-15.4
Variation and deviation authorized, -
minor ........................................... 3.6
Work Ch~.nge Directivem
claims pursuant to ........... - ................... L... 10.2
definition of ........................................ 1.44
principal ret'erences to .................... 3.5.3, 10.1-10.2
Writ'ten Amendment--
definition of' ................ - .................... '... 1.45
principal references to ... 1.10, 3.5, 5.10, 5.12, 6.6.2, 6.8.2,
6.19, 10.1, 10.4, !1.2, 12.1, 13.12.2, 14.7.2
Written Clarifications and
Interpretations ........................... 3.6..3., 9.4, 9.11
Written Notice Requiredm
by CONTRACTOR ........ 7.1, 9.10-9.11, 10.4, 11.2, 12.1
by OWNER ................... .9.10-9.11, 10.4:, 11.2, 13.14
GENERAL CONDITIONS
ARTICLE l--DEFINITIONS
Wherever used in these General Conditions or in the other
Conh-act Documen~ the fo[lowing term~ have the meanings'
indicated which are applicable to both the singular and plural
thereof:
I. 1. Addknda--Written orgraphic'instruments issued prior
to the opening of Bids which clarify, correct or change the
Bidding Requirements or the Contract Document~.
merit, together with all Wdtten Amendments, Change Orders,
Work Change Directives, Field Orders and ENGINEER's
written interpretations and ctarificaliona issued pumuant to
parag~hs 3.5, 3.6.1, and 3.6.3 on or after the Effective Dale
of the Agreement. Shop Drawing submittals approved pursu-
ant to pard.graphs 6.26 and 6.27 and the reports and drawings
referred to in paragraphs 4.2. I. ! and 4.2.2.2 are not Contrax:t
Documents.
t. ! I. Contract Price--The moneys payable by OWNER to.
CONTR~C'I~R for completion of the Work in accordan~
with the Contract DocumenL~ aa stated in the Agreement
(subject to the provisions of para&raph 11.9. I in the case of
Unit Price Work).
-.i
1.2. Agreement--The written contract between OWNER
and CO~R covering the Work to be performed; other
Contract Documents a.m attached to the Agreement and made
a part thereof ~ provided therein.
1.3. AppIicatlon for Payment--The form a~cepted by EN-
GINEER which ia to be used by COh-fRACTOR in requesting
progress or tinal payments and which is to be accompanied by
such suppor'dng documentation a~ is required by the Contract
Documents.
1.4. Axbesto,--Any material that contains more than one
percent asbestos and is friable or is releasing asbestos fibers
into the air above current action levels es'~blished by the
.United States Occupational Safety and Health Administration.
1.5. Bid~The $ffer or proposal of the bidder submitted on
the prescribed form setting forth the prices for the Work to be
performed.
1.12. Contract 7Tmes--The numbers of days or the dales
stated in the Agreement: (D to achieve Substantial Completion,
and (iD to complete the Work so that it is ready for final
payment as evidenced by ENGINEER's written recommends- .
don of final payment in accordance with par~raph 14.13~
1.13. CONTRACTOR'The i~rson, firm or. corporation'
with whom OWNER has entered into the Agreement.
I. 14. defective--An adject!ve which When modifying the
· word Work refers to Work that is Unsatisfactory, faulty or
deficient, in that it does not conform to the Contract Docu-
ments, or does not meet the requirement~ of any inspection,
reference standard, test or approgal referred to in the
Contract Documents, or ha~ been damaged.prior to-ENGI-
NEER's recommendation of final payment (unless responsi-
bility for the protection thereof has b~n assumed by OWNER
at Substantial Completion in accordance with paragraph 14.8
or 14. I0). '
1.6. Bidding Documents--The advertisement or invitation
to Bid, instructions to bidders, the Bid form, and the proposed
Contract Documents (including ali Addenda issued prior to
receipt of Bids).
1.7. Bidding Requirements--The advertisement or invita-
tion to Bid, instructions to bidders, and the Bid ~orm.'~
1.8. Bond.rm~rformance and Payment bonds and other
instruments of security.
1.9. Change Order--A document recommended by ENGI-
NEER, which is signed by CONTRACTOR and OWNER and
alJthorizes an addition, deletion or revision in the Work, or an
adjustment in the Contract Price or the Contract Ttmea, issued
on or after the Effective Date of the Agreement.
1.I0. Contract Docurnent~--The A~ement, Addend~
(which peri. ri to th& Contl-ax:t Documents), CONTRACIDR's
Bid (including documentation accompmal4ng the Bid and any
po~t Bid documentation submitted-~pfior to the Notice of
Award) when attached as an extu'bit to the Agreement, the.
Notice to Proceed, the Bonds, the.s~ General Conditions, the
Supplementary Conditions, ~e Sl:~:~cations and the Draw-
ings a~ the ~ are mom spec'fflc:ally identified in the'A~'~-
::: 13
1.15. Drawingx~The drawings which show the scope,
extent and character of the Work to be furnished and per-
formed by CONTRACTOR and which have b~n prepared or
approved by ENGINEER and am referred to in the Contract
Documents. Shop drawing~ are not Drawingq as so defined.
1.16. Effective Date of the Agreement~The da~e indicalzd
in the Agreement on which it becomes effective, but if no such
date i$ indicated it means the date on which the Agr~mcnt is
signed and delivered by the last of the two parties to sign and
deliver.
1.17. ENGINEERmThe person, firm or corporation named
as such in the Agreement.
1.18. EIVGINF. F-R's Cor~ultant--A person, firm or corpo-
ration having a contract with ENGINEER to furnish services
a~ ENGINEER's independent professional associate or to.n,.
suirmat with respect to the Project and who is identified, aa such-
in the Supplementary Conditions.
I. 19. F~e~d Order--A written o~dei'issued by ENGINEER
which orders minor changes in the Work in.accordance with
pm'agraph 9.§ but which does not involve a change in the
Contract Pric~ or the Contract Tinaes.
1.20. General Requirementx---~ections of Division 1 ~fthe
$~cfficadons.
1.21. Hazardous W~te--The term Hazardous Waste shall
have the meaning provided in Section I004 of the Solid Waste
Disposal Act (42 USC Section 6903) as amended from dine to
time.
1.22. Laws and Regulatiotw; Law~ or Regulation$~Any
and ail ~plic~le ~ws, roles, m~l~ons,.o~inances, c~
~d o~em of ~y and ~I govemmen~ b~ies, ~enci~,
~oddes and cou~ having jurisdiction.
1.23. £ien~r-~Liens, charges, security interests or encum-
brances upon real property or persona/property.
1.24. blilestone--A principal event specified in the Con-
~'act Documents relating to an intermediate completion da:e or
time prior to Substantial Completion of all the Work.
1.25. Notice of Award--The writ:eh notice by OWNER to
the apparent successful bidder stating that upon compliance by
the apparent successful bidder with the conditions precedent
enumerated therein~ within the time specified, OWNER will
sign and deliver the Agreement.
1.26. Notice to Proccecl--A written noticegiven by OWNER
to CONTRACTOR (with a copy to ENGINEER) fixing the
date on which the Contract Times w~I commence to run and on
which CONTRACBDR shall start to perform CONTR~C-
TOWs obligations under the Contract Documents.
1.27. OWNER--The public body or-authority, corpora-
t/on, association, firm or person with whom CONTRACTOR
has entered into the Agreement and for whom the Work is to be
provided.
1.28. Partial Util~tion~Use by OWNER of a substan-
tially completed par~ of the Work for the purpose for which it is
intended (or a related purpose) prior to Substantial Compledo-'h
of all the Work.
1.29. PCB~Polychlodnaxed biphcnyls.
1.30. Petroleurn--l~troleum, including crude o~ or any
· fraction thereof which is liquid at standard conditions of
temperature and pre,ute (60 degrees Fahrenheit and 14.7
· pounds per square inch absoitite), such as oil, petroleum, fuel
on, o~ sludge, oil refuse, gasoline, kerosene, and oil mixed with
other non-Hazardous Waste~ and crude oils.
1.31. 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.
132. Radioactive Material-.Source, special nuclear, or
'byproduct mamHal as defined by the Atomic Energy Act of
1954 (42 USC Section 2.01 l.et seq.) as amended from time to
time.
1.33. I~eMdent Project Representative~ The authorized
representative of ENGINEER who may be assigned to the site
or any part thereof.
134. Samples--Physical examples &materials, equipment,
or workmanship that are representative of some portion of the
Work and which establish the standards by which such por~on
of the Work will bejudged.
1.35. Shop Drawings~AIl drawings, diagrams, illustra-
tions, schedules and other data or information which are
specificall~ prepared or assembled by or for CONTRACTOR
and submitted by CONTRAC'FOR to Hlustrate some po~on of
the Work.
1.36. Specifications--Those portions of the Contract Doc-
uments consisting of written technical descriptions of materi-
als, equipment, construction systems, standards and workman-
ship as applied to the Work and'certain administrative derL,'Is
applicable thereto.
1.37. Subcontractor--An individual, firth, or corporation
having a direct contract with CONTRACTOR or with'any
other Subcontractor for the performance Of a part of the Work
at the site.
1.38. Substantial Completion--The Work (or a specified
part thereof) has progressed to the point where, in the opinion
of ENGINEER aa evidenced by ENGINEER's definitive
certificate of Substantial Completion, it is sufficiently com-
plete, in accordance with the Contract Documents, so that the
Work (or specified part) can be utilized for the purposes for -
which it is intended; or if no such certificate is issued, when the
Work is complete and ready for final payment as evidenced by
ENGINEER's written recommendation of final payment in
accordance with paragraph 14.13. The terms "substantially
complete" and "substantially completed" as applied to all or
part of the Work refer to Substantial Completion thereof.
1.39, Supplernentac~ Conditio .ns--The part of the Contract
Documents which amends or supplements these General Con-
ditions.
1.40. Supplier~A manufacturer, fabricator, supplier, dis-
tributor, materialman or vendor having a direct contract with
CONTRACTOR or with any Subcontractor to furnish materi-
als or equipment to be incorporated in the Work by CON-
TIL-~CTOR or any Subcontractor.
1.41. UndergroundFacitides~All p~pelines, conduits, ducts, '~
cables, wires, manholes, vaults, tanks, tunnels or other such
fam'lities or attachments, and any encasements containing such. ,i'? >~(
facilities which have be~n installed underground to furnish any i.i',:
of the following services or materials: electricity, gases, steam,-".
liquid petroleum products, telephone or other communion-.
tions, cable television, sewage and drainage r~moval, traffic or
other control systems or water. '-:
1.42. Unit Price Work--Work to be paid for on the bash of
unit prices.
· 1.43. Work--The entire completed cooztruction pr the var-
ious separ~ely identifiable parts thereof required to be fur-
nished under the Contract Document& Work includes and L~
the result of performing or furnishihg labor and furnishing and
incori>orafing materials and equipment into the construction,
and performing or furnishing services and furnishing docu-
ments, all as required by the Contract Documents.
1.4.4. Work Change DirectJve--A written directive to CON-
TRACIDR, issued on or after the Effective Date of the
Agreement and signed by OWNER and .recommended by
ENGINEER, ordering an addition., deletion or revision in the
Work, or responding to differing or unforeseen physical condi-
tions trader which the Work is to be performed as provided in
paragraph 4.2 or 4.3 or to emergencies under paragraph 6.23. A
Work Change Directive w~l not change the Contract Price or
the Conwact Times, but is evidence that the parties expect that
the change directed or documented by a Work Change Direc-
tive will be incorporated in a subsequently issued Change
Order following negotiatio~ by the parties as to its effect, if
any, on the Contract Price or Contract Times as provided in
paragraph 10.L
1.45. Wfftren Amendment--A written amendment of the
Contract Documents, signed by OWNER and CONTRACTOR
on or after the Effective Date of the Agreement and normally
dealing with the nonengineering or nontechnical rather than
strictly construction-relazed aspects of the Contract Docu-
inent~.
ARTICLE 2--PRELIlVflNARY MA'I'TERS
DeE~er~ of Bond~:
2.1. When CO~R delivers the executed AgreeL
merits to OWNER, .CONTRACTOR shall also deliver to
OWNER such Bonds ~ CONTRACTOR may be required to
furnish in accordance with paragraph 5.1. _,, . '.: .
Cop~ of Z)ocumera~:
2.2. OWNER shall furnish to CONTILACTOR up to 'ten
copies (unless otherwise specified in the SuPplementary Con-
clidons) of the Contract Documents as are reasonably neces-
sary for the execution of the Work. Additional copies will be
furnished, upon request, at the cost of reproduction.
..
Coo.ar. zncernent of Contract Tim~; NotiCe to Pro~e&'
2.3. The Conlxac. t T'unea w~l commence to mn on the th~-..
eth day at, er the Effective Dam of the Agreement. or, if · No,ice
to Proceed ia given, on the day indicated in the Node= to Pier. xed.
A Notice to Proc~4 may be given at any lime Within thirty day~ .'
~ the Effective Daxa of the Agreement In no event w~l the-'
Contract T'u'nes commence to run later than the sixtieth d~y afte~
the d~y of Bid opening or the thirtieth d~y after the Effective 12h~e
of the Agreement, whichever daze is earlier.
5t~ff. ng the Work:
2.a,. CONTRACTOR shall start to perform the Work on the
dace when the Contract Times commence to run, but no Work
shall be done at the site prior to the date on which the Contract
Times commence to run.
Before Starring Construction:
2.5. Before undertaking each parx of the Work, CON-'
TR.&CrOR shall carefully study ~d comp~ ~e Contac
~cumenm and check and ve~ pe~nent ~s sho~
~ereon ~d all appli~b[e field m~ummen~. CO~-
TOR shall prompgy repo~ in waling to ENGINEER ~y
conflict, e~or, ~biguity or discrep~cy which CO~-
TOR may dis~ver ~d sh~l ob~n · wd=en inte~re~on or
cl~fica~on ~om ENGINEER befo~ p~e~ing wi~
Work ~ec:ed the~by; however, CO~R sh~l not be
[i~[e to O~ER or ENGINEER for ~lu~ to ~poa ~y
conflict, e~or, ~big~ty or discrepancy in the Contract D~-
umena, unless CO~K~R knew or ~o~[y should
have known thereof. -.
2.6. Within ten days ~er the Effective Date of the A~e-
meat (unless othe~se specified in the Gene~ Requirement),
CON~&C~R shill sub~t to ENG~EER for review:
2.6.1. a prelimin~ p~ss sch~ule indicting
times (numbe~ of days or dates) for s~ng ~d completing
~e v~ous s~es of the Wo&, including any Milestones
s~cified in the Contract Document;
2.6.2. a p~li~n~ schedule of ShoP Drawing ~d
pie submits which will list e~h mqu~ed sub~ and ~e
times for submi~ng, reviewing ~d p~e~ing such sub~t-
2.6.3. a prelimin~ schedule of vflues for
Work which w~l include qu~fifi~ ~d prices of items
~e~ng ~e Con~ct Price ~d ~I su~ivide the Wo~
into component p~s in su~dent de~] m seine ~ ~e ~is
for ping.ss ~ymen~ during eons~efiom Such
include ~ appmpfi~e ~ount o~ ore.eM ~d profit appli-
~le to ~ch item of Wo~.
2.7. BeSom any'Wo& at ~e site is s~ed, CO~~R
~d O~ER sh~l e~h deliver ~
~ch additio~ i~ identifi~ in ~e Supplemen~ Condb
fio~, cenifi~m of i~u~ce (md o~er evidence of insurer
which either o~ them or any ~fi~n~ i~u~ may ~o~ly
request) which CO~R md O~ER ~five~y ~..
~quir~ to gu~h~ ~d ~n~n
~phs SA, 5.6 and 5.7. ·
Pr~con~trucEon Conference: ..
2.8. Within {weuty days after the Contract Times }tart to
tun, but befor~ any Work at the site is started, a conference.
~'~.end'ed by CONTRACTOR, ENGINEER and others as al>
propriate will be held to establish a working understanding
among the Irm':ies as to the Work and to discuss the schedules
referred to in paragraph 2.6, procedures for handling Shop
Drawings and other submittals, processing Applica~ons for
Payment and maintaining required records.
[n~Ily Acceptable Sched~t~s: .
2.9. Unless other'adse provided in the Contract Docu-
ments, at least ten days before submission of.the first Applica-
tion for Payment a conference attended by CONTRACTOR,
ENGINEER and others as appropriate will be held to review
for acceptability to ENGINEER as provided below the sched-
ules submitted in accordance with paragraph 2.6. CONTRAC-
TOR shall have an additional ten days to make corrections and
adjustments and to complete and resubmit the schedules. No
prog~ss payment shall be made to CONTRACTOR until the
schedules are submitted to and acceptable to ENGINEER as
.provided below_The progress schedule will be acceptable to.
ENGINEER as providing an orderly progression of the Work
to completion within any specified Milestones and the Contract'
· Times, but' such acceptance will neither impose on ENGI-
NEER responsib~ity for the sequencing, scheduling or progress
of Ce Work nor inte. rfere with or relieve coNTRACTOR from
CONTRACTOR's full responsibffity therefor. CONTRACTOR's
schedule of Shop Drawing and Sample submissions will b.e
acceptable to ENGINEER as pr6viding a workable arrange-
ment for reviewing and processing the required submittals.
CONTRACTOR's schedule of values wffl be acceptable to
· .ENGINEER as to form and substance.
.ARTICLE 3~CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE
3.1. The Conrxact Documents comprise the entire agree-
ment between OWNER and CONTRA~R 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 in~ent of the Contract Documents to destro'be .
a functionally complete Project (or part thereo0 to be con-
structed in accordance with the Contract DoCuments. Any :
Work, materials or equipment that may reasonably be inferred
fi'om the Contract Documents or from prey're'ling custom or : ';
trade u_~e as being required to produce the intended result '::? ..
will be furnished and'performed whether or not specifically::'-"
called for. When words or phrases which have a well- known ·
technical or construction indus'try or trade meaning are used'to .'
de,ri'be Work, materials or equipment, such w6rds or phrases '
sl, rall be interpreted in accordance with that meaning. Cladfi- '"
.. ' ~-~ 16'
cations and interpretations of the Contract Documents shall be
issued by ENGINEER as provided in paragraph 9.4.
3.3. Reference to Sta:z,,-,ff.~'~ ~ S,t~ed~ of 2'e~
Societies; Repo~g ~ R~olv~g D~s:
3.3.1. Reference ros~d~s,
codes of any techni~ s~iety, o~on or ~s~ia~on,
or.to the Laws or Re~lations of any govemmen~
whe~er such reference be s~cific or by implication, sh~!
me~ the latest smnd~, s~cifimdon, manu~, c~e or
~ws or Re~lations in eff~t at the dine of o~ning of Bids
(or, on the Effective Date of ~e A~eement if ~e~ were no
Bids), except as may be othe~ise specifimlly
Contract Documents.
3.3.2. If, during the performance of the Work, CON-
TRACTOR discovers any conflict, error, ambiguity or dis-
crepancy within the Contract Documents or between the
Contract Documents and any provision of any such Law or
Regulation applicable to the performance of the Work or of
any such standard, specification, manual or code or of any
instruction of any Supplier referred to in. paragraph 6.5,
CONTRACTOR shall report it to ENGINEER in writing at'
once, and, CONTRACTOR shall not proceed with the Work
affected thereby (except in an emergency as authorized by
paragraph 6.23) until an amendment or supplement to the
Contract Do. cuments has been issued by one of the methods
indicated in paragraph 3.$ or 3.6; provided, however, that
CONTRACTOR Shall not be liable to OWNER or ENGI-
NEER for failure to report any such conflict, error, ambigu-
ity or discrepancy unless CONTRACTOR knew or reason-
ably should have known thereof'.
3.3.3. ExCept as otherwise specifically stated in th6
-Contract Documents or as may be provided by amendment '
or supplement thereto issued by one of the methods indi-
cated in paragraph 3.5 or 3.6, the provisions of the Contract
Documents shall take precedence in resolving any 'conflict,
error, ambiguity or discrepancy between the provisions of
the Contract Documents and:
3.3.3.1. the provisions of any such standard, spell-
tic. at/on, manual, code or instruction (whether or not
specifically incorporated by reference in the Contract
Documents); or
3.3.3.2. the provisions of any such Laws Or Ragu-
lations applicable to the performance of the Work
(unless such an interp'retatlon of the provisions of the
Contract Documents would result in violation of such
Law or Regulation). .
No provision of any such standard, specification, manual,
code or instruction shall be effectsve to change the duttes and
respons~ilities of OWNER, CONTRACTOR or ENGINEER,
6r any of their subcontractors, consultants, agents, or
ployees from those set forth, in the Contract Documents, not'
shall tt be effective to assign to OWNER, ENGINEER or
any or' ENGINEER's Consultants, agents or employees any
duty or authority to supervise or direct the furnishing or
pert'ormanci of the Work or any duty or authority to Under-
take respons~ility inconsistent with the provisions ot' pm-
gr'~h 9.13 or any other provision of the Contract Docu-
ments.
3.4. Whenever in the Contract'Documents the terms
ordered," "as directed," "as required," "as allowed,"
approved" or terms of like effect or import are used, or the
adjectives ".reasonable," "suitable,*' "acceptable," '*proper"
or "sa2.isfactory" 'or adjectives or' like effect or import are
used to describe a requfi'ement, direction, review or judg-
ment of ENGINEER as to the Work,-.it is intended that such
requirement, direction, review or judgment will be solely to
evaluate, in general, the completed Work for compliance
with the requirements of and information in the Contract
Documents and conf.orma~ce with the design concept of the
completed Project as a functioning whole as shown or
indicated in the Contract Documents (unless ~ere is
specific statement indicating otherwise). The use of any such
term or adjective shall not be effective to assign to ENGI-
NEER any duty or authority to supervise or direct the
furnishing or performance of the Work or any duty or
authority to undertake responsibility contrary to the provi-
sions of pa,,-~gr~ph 9.13 or any other provision of the
Contract Documents.
Amending a. nd Supplementing Carm'~-t Documents:
3.5. The Contract Documents may be amended to provide
for additions, deletions and revisions in the Work or to modify
'the terms and conditions, thereofinone or more of the following
ways:
3.5. I. a form~l Wrinen Amendment,
3.$.2. a Change Order (pursuant to paragraph I0.4), or
2t.5.3. a Work Change Directive (pursuant to
paragraph 10. !).
3.6. In addition, the requirements of the Contract Docu-
ments may be supplemented, and minor variations a~d devia'
tions in the Work may be authorized, in one or more of the
following ways:
3.6.1. a Field Order (pursuant to pa.,-agz~h 94,
3.6.2. ENGINEER's approval of a Shop DraWing or
Sample (pursuant to paragraphs 6.26 and 6.2'0, or
3.6.3. ENGINEER's written int,'rpmtation or clarifica-
tion (pursuant to paragraph 9.4).
R~e of Documenn:
3.7. CONTRACTOR, and any Sulmontractor or Sup'plier
or other person or ~m!~,~on performing oc furnishing any of
the Work under a direct or indirect contract with OWNER
aha.ri not have or acquire any title to or ownership Hghts in any.
of the Drawing:i, Specific:arians or other documents (or copies
of any thereof) prepared by or bearing the seal of ENGINEER
or ENGINEER's Consultant, and (iD shall not reuse any of
such Drawings. Specifications, other documents or copies on
extensions of the Project or any other project without written
consent of OWNER and ENGINEER and sgecific written
verification or adaption by ENGINEER.
ARTICLE 4---A'VAILABILITY OF LANDS;
SUBSURFACE AND PHYSIC.~,L
CONDITIONS; REFERENCE POINTS
4. I. OWNER shall furnish, as indicated in the Contract
Documents, the lands upon which the Work is to be performed,
rights-of-way a_qd easements for access thereto, and such other '
lands which are designated for the use of CONTRACTOR.
Upon reasonable written request, OWNER shall furnish CON-
TRA~R with a correct statement of record legal due and
legal description of the lands upon which the Work is to be
performed and. OWNER's interest therein as necessary for
giving notice of' or filing a mechanic's lien against such lands in
accordance witl~ applicable Laws and Regulations. OWNER
shall identify any encumbrances or restrictions not of general
application but specifically related to use of lands so furnished
with which CONTRACTOR w~l have to comply in performing
the Work. Easements for permanent structures or permanent
changes in existing facilities w~l be obtained and paid for by
OWNER, unIess otherW{se 'provided in the Contr'~,'t Docu-
· menu. If CONTRACTOR and OWNER are unable.to agree on
entitiement to or the amount or extent of any adjustments !n the
Contract Price or the Contract Times as a result of any delay in
OWNER's furnishing these lands, fights-of-way or easements,
CONTRACTOR may make a ¢taim therefor aa provided in
Articles I I and 12. CONTRAC"fOR shall 'provide for ali"
additional lands and access thereto that may be required for
temporary construction facilities or storage of materials and
equipment.
4.2. Subsurface a,nd Physical ConddlSon.~:
4.2. I. Reports and Drawings: Reference is made to the
Supplemenraacy Conditio~ for identification of:
4.2.1 .l. Subsurface Condltiotu: Those reports of. explo-
rations and tats of subsurface conditions axor contiguous to
the site that have been utilized by ENGINEER in pret:aring
the Contract Documents; and
4.2.1.2. Physical Conditiorts: Those drawings of physical
conditions in or retafing to existing surfake or subsurface
structures ax or contiguous to the site (except Underground
Facilities} that have been utilized by ENGINEER in prepar-
ing the Conh-act Documents. '
4.2.2. l'.b'tffted Rellanc, b.v COIgTRAC"TOR AuthorZged;
?echtu'cal D~a: CO~~R may mi7 u~n ~
~y of ~e "t~hni~ dam" ~n~n~ in such ~ ~d
d~ngs, but such repom and dm~n~ ~ not Con~
~en~. Such "techni~ d~' is iden~ed in the Supple-
me~ Condifiom. Except for such mli~ce on such
~ da~" CO~~R ~7 not rely u~n or m~e
cl~m a~nst O~ER, ENGINEER or any of ENGINEER's
~nsulmm with ms,ct m:
4.2.2.1. the completeness of such repo.rts and drawings
for CONTRACTOR's purposes, including, but not limited
to, any aspects of the means, methods, techniques,
quenc~s and procedures of construction to be employed by
CON'IT, ACTOR and safety precautions and programs inci-
dent thereto, or
4.2.2.2. other data, interpretations, opinions and infor-
marion contained in such reports or shown or indicated in
such drawings, or
4.2.2.3. any CONTRACTOR interpretation of or conclu-
sion drawn from any "technical data" or any such data,
interpretations, opinions or informafiom
4.2.3. Notice of Differing Subsurface or Physical Con&'-
tion~: If CON-tRACTOR believes that any subsurface or
physical condition at or contiguous to the site that is unco'vered
or revealed either.
4.2.3.1. is of such a nature as to establish that any
"technical dam" on which CONTRACTOR is entitled to
rely zs provided in paragraphs 4.2.1 and 4.2.2 is materially
inaccurate, or
4.2.3.2. is of such a nature as to require a change in the
Contract Documents, or
4.2.3.3. differs materially from thai shown or indicaied in
the Contract Documents, or
,L2.3.4. is of an unusual nature, and differs mateHail~ ......
from conditions ordinarily encountered and generally recog- '
nized as inherent in work of the character provided for in the
Contract Documents; then
4.2.5. Possible Contract Documents Change: ff ENGI-
NEER concludes that a change in the Contract Oocument~ is
required aa a result ora condition that me~ts one or more of the
categories in paragraph 4.2.3., a Work Change Directive or a
Change Order will be issued as provided in Article I0 to reflect
and document the consequences of such change.
4.2.6. Pos;ible Price and 7Trnes Adju.ttrnent~: An equit;d:)le
adjustment in the Contract Price or in the Contract Times, or
both, will be allowed to the extent thai the existence of such
uncovered or revealed condition 'causes an increase or de-
crease in CONTRAC-FOR's cost of, or time required for
performance of, the Work; subject, however, to the following:.
4.2.6.1. such condition must meet any one or more ofthe
categories described in paragraphs 4.2.3. I through 4.2.3.4,
inclusive;
4.2.6.2. a change in the Contract Documents pumuant to
pax-ag~.ph 4.2.5 will not be an automatic authorization of nor
a condition precedent to entitlement to any such adjustment;
4.2.6.3. with respect to Work that is paid for on a Unit
Price Basis, any adjustment in Conwact Price will be subject
to the provisions of paragraphs 9.10 and 11.9; and
4.2.6.4. CONTRAC'I~R shall not 'be entitied to any
adjustment in the Contract Price or Times if;
4.2.6.4.1. CONTRACTOR knew of the existence of
such conditions at the time.CONTRACTOR made a final
commitment to OWNER in respect of Contract Pr/ce and
Contract Times by the submission of a bid or becoming
bound under a negotiated contract; or
4.2.6.4.2. thc existence of such condition could rea:
sonably have been.discovered or revealed as a result of
any examination, investigation, exploration, test or study
of the site and contiguous ames required by the Bidding
Requirements or Contract Documents to be conducted by
or for CONTRACTOR prior to CONTRACTOR's making
such final commitment; or
4.2.6.4.3. CONTRACTOR failed to give the written
notice within the time and as required b~, paragraph 4.2.3.
CONTRA~R shall, promptly after becoming aware thereof
and before further disturbing conditions affected thereby or
' p~rforming any Work in connection therewith (except in an
emergency as permitted by paragraph 6.~), notify OWNER
ff OWNER and CONTRACTOR ar~ unable to agree on
entiflernent to or as to the amount-er length of any such
equitable adjustment in the Contract Price or Contract Times,
a claim may be made therefor as provided in Articles 1 ! and I2.
However, OWNER, ENGINEER and ENGINEER's Consult-
and ENGINEER in writing about such condition. CONTRAC- .. a.nra shall not be liable to CONTRACTOR for any claims,
TOR shall not fiirther disturb such conditions or perform any :.' costs, losses or damages sustained by CONTRACIDR on or in....
Work in connection therewith (except as aforesaid) until re- '.... connection with any other project or anticlpated project. - ' ..
ceipt of written order to do so. -. ' ,,
42..4. ENGINI::.FR's R~vhrw: ENGINEER wiIl promptly ' ::'4.3... Phys,.a/Cor,ett,'_-,~--.Um/t. rgronnd Fa~Yitits:.
review the pertinent condition~, determine the necessity of
OWNER's obtaining additional exploration or tea'ts with re. "' 4.3.1. Sho~n or Indicattd: The information and data shown
q~ct thereto and advise OWNER in wr/ting (with a copy to "¢ :'or indicated in the Contract Documents with respect to existing~
CONTRACTOR) of ENGINEER's findings and conclu~iom. :.Undergound Facilitie~ at or contiguous to the site i~ bas~l on
information and dam fi~rnished to OWNER or ENGINEER by
the owners oFsuch Underground Facilities or by others. Un]e~ it
ia or. her~se expressly provided in the Supplementary Conditions:
4.3.1.1. OWNER and ENGINEER shall not be respon-
sible for the accuracy or completeness of any such informa-
tion or darn; and
4.3.1.2. The cost of all of the following will be included in
the Contr~t Price and CONTRAL-'I~R shall have tull
s/bility For:. (i) reviewing and checking all such information and
darn. (i~ locating ail Underground Facilities shown or
in the Contract Documents, (iii) coordination ct' the Work with
the owner~ oFsuch Underground Facilities during construction,
and (iv) the safety and protection ct' ail such Underground
Facilities as provided in paragraph 6.20 and repairing any
damage thereto resulting from the Work.
4.3.2. Not Shown or [ndtcated: If an Underground Facility
is uncovered or revealed at or contiguous to the site which was
not shown or indicated in the Contract Documents, CON-
TRACTOR. shall, promptly after becoming aware thereof and
before fur:her disturbing conditions affected thereby or per-
forming any Work in connection therewith (except in an
emergency as required by paragraph 6.23), identify the owner
of such Under~'ound Facility and give written notice to thai:
owner and to OWNER and ENGINEER. ENGINEER will
promptly review the Underground Facility and determine the
extent, if' any, to which a change is required in the Contract
Documents to reflect and document the consequences of the
existence of the Underground Facility. It' ENGINEER con-
cludes that a change in the Contract Documents is required, a.
Work Change Directive or a Change Order will be issued a~
provided in Article I0 to reflect and document such conse-
quences. During such rime, CONTIL~.CTOR shall be respon-
s~le For the safety and protection of'such Underground Facility
as provided in paragraph 6.20. CONTRACTOR shall be al-
lowed an increase in the Contract Price or an extension of the
Contract Times, or both, to the extent that they are attributable
to the existence of any Underground Facility that was not
shown or indicated in the Contract Documents and that CON-
TtLa. CTOR did not knbw of and could not reasonably have
been expected to be aware of or to have "anticipated. It'
OWNER and CONTRACTOR are unable to agree on entitle-
ment to or the amount or length of any such adjustment in
Contract Price or Contract Times, CONTRACTOR may make
a claim therefor as provided in Articles 11 and 12. However,
OWNER, ENGINEER and ENGINEER's Consultants shall
not be liable to CONTRACTOR for any claims, costs, losses or
damages incurred or sustained by CONTRACTOR on or in
connection with any other project or anticipated project.
Refer~n% Polnu: "
4.4. OWNER shall provide engineering surveys to est:gY.
Iish reference points For construction which in ENGINEER's'
judgment are necessary to enable CONTRACTOR to proceed
with the Work. CONTRACTOR shall be respons~le For laying
out the Work, shall protect and preserve the established
reference points and shall make no changes or relocations
without the prior written approval of OWNER. CONTR. AC
TOR shall report to ENGINEER whenever any referent
point is lost or destroyed or requires relocation because
necessary changes in grades or locations, and shall be respc:
sine for the accurate replacement or relocation of such refe
once points by professionally qualified personnel.
4.5. Asbestos, PCBs, Petroleum, Hazardous Waste or Radi'.
active Material:
4.5.1. OWNER shall be responsible For any Asbestos
PCBs, l%u'oleum, Hazardous Waste or Radioactive
uncovered or revealed at the site which was not shown
indicated in Drawings or Specifications or identified in
Contract Documents to be within the scope of' the Work at
which may present a s~bsrandal danger to persons or
exposed thereto in connection with the Work at the sire
OWNER shall not be responsible for any such mateda:
brought to the site by CON'TRACTOR, $ubc, onu'actor,
ers or anyone else For whom CONTRACTOR is responsibi-
4.5.2. CONTRACTOR shall immediately: (i) stop a
Work in connection with such ha~;m'dous condition and
any area affected thereby (except in an e.m.e.rgency as
quired by paragmph.6.23~.~ 'and (ii) notify OWNER
ENGINEER (and thereafter confirm such notice in writing
OWNER shall promptly consult with ENGINEER conce~
lng the necessity For OWNER to retain a qualified expem .'-
evaIuate such hazardous condition or take corrective attic
if any. CONTKACTOR shall not be required to resume Wot
in connection with such hazardous conditiofi or in any
affected area until after OWNER has obtained any require-
permits related thereto and delivered to CONTRACTO:
special written notice: (i) specifying that such condition az.
any affected area is or 'has been rendered safe for th
resumption o.FWork, or (ii) specifying any special condition.
under which such Work may. be resumed safely. If OWN'E;
and CONTRACTOR cannot agree as to entitlement to or th
amount or extent of an adjustment, if any, i.n Contract PHc
or Contract Times as a result of such Work stoppage or suc!
special conditions under which Work is agreed by CON
· rl~.croR to be resumed, eittier party may make a clair
therefor as provided in A~cles 11 and 12.
4.5.3. If after receipt of' such special written notic
CONTRACTOR does not agree to resume such Work base
on a reasonable belief it is unsafe, or does not agree
resume such Work under such special conditions, the
OWNER may order such Portion of the Work that is i
connection with such hazardous condition or in such
fetter area to be deleted from the Work. If OWNER an,
CONTRACTOR cannot agree as to entitlement to or th
amount or extent of an adjustment, it' any, in Contract Pric
or Contract Times as a result nf deleting such Portion of th
Work, then either parW may make a claim therefor a
provided in Articles II and 12. OWNER may have suc
deleted portion of the Work performed by OWNER's o,~'
for~es or others in accordance with Article 7.
4.5.4. To the fullest extent permitted by Laws and Reg-
ulations, OWNER'shall indemnify and hold harmless CON
TRACTOR, Subcontractors, ENGINEER: EN,GI. NEER'
Consultants and the officers, directors, employees, agents,
other consultants and subcon~tom of ~h ~d ~y
~em ~m ~d n~;nst ~l cl~ms, cos~, loss~ and d~
~sing out of or resulting ~m such h~ous condition,
pmvid~ ~: (i) any such cl~m, cost, loss or d~ is
~bu~le to b~ily inju~, sick,s, dise~e or dmZ,
inju~ to or desertion of ~ble pm~y (other ~
Wo~ iuel0, including the lo~ of use ~uldng there~m,
~d (iD uo~ing in ~is subp~ph 4.5.4 sh~l obli~te
OW~R to indemnify ~y pe~on or end~ ~m and
~e consequenc~ of ~at pemon's or endty's own n~i-
g~nc~.
4.5.5. The provisions of paragraphs 4.2 a.nd 4.3 are not .
intended to apply to Asbestos, PCBs, Petroleum, HnTn~ous
Waste or Radioactive Material uncovered or revealed at the
site.
companies that are duly licensed or a~thorized in the juris-
diction in which the Project is located to issue Bonds or
insurance policies for the limits and coverages so required.
Such surety and insurance compaxdes shall also meet such
additional requirements and qualifications as may be pro-
vided in the Supplement,~-/-Conditions.
5.3.2. CONTRACTOR shall deliver to OWNER, with
copies to each addidor~ insured identified in the Supple-
mentary Conditions, certificates of imumnce (and other
evidence of insurance requested by OWNER or any other
additional insured) which CONTRAC'E3R is required to
purchase and maintain in accordance with paragraph 5.4;
OWNER shall deliver to CONTRACTOR, with copies to
each additional insured identified in the Supplementary
Conditions, certificates of' insurance (and other evidence of
insurance reques.ted by CONTRACTOR or any other ~dcE-
tional insured) which OWNER is. required to purchase and
maintain in accordance with paragraphs 5.6 and 5.7 hereof.
ARTICLE S--BONDS AND INSURANCE
CONTRACTOR's Li~ In.l~.rance:
~o~, P~,r~r~ ~=d O&er Bonds:
5.1. cONTRACTOR shall furnish Performance and Pay-
ment Bonds, each in an amount a~ least equal to the Contract
l~ice as security for the faithful performance and payment of
all CONTRACTOR's obligations under the Contract Do:u-
ments. These Bonds shall remain in effect at les.st undI one
year at~cer the date when final payment becomes due, except'as
provided otherwise by Laws or Regulations or by the Contra~t
Documents. CONTR~R shall also furnish such other
Bonds as a~ required by the Supplementary Conditions. All
Bonds shall be in the form prescribed by the Contract Docu-
ments except as provided other, vise by Laws or Regulations,
and shall be executed by such sureties as ar~ named in the
current list of"Companies Holding Certificates o[;Authority
Acceptable Sureties on Federal Bonds and as Acceptable
Reinsuring Companies" as published in Circular 570 (amended).'
by the Audit· Sr.~, Bureau of Government Financial
tions, U.S. Treasury Department. All Bonds signed by an
agent must be accompanied by a certified copy of such agent's
· authority to act.
5.2. If the surety on any Bond fdmished by CONTRAC-
TOR is declared a bankrupt or becomes insolvent or its right, to
do business is terminated in any state where any par~ of the
Project is located or it ceases to meet the requirements of
paragraph 5.1, CONTRACTOR shall within ten days thereat~r
substitute another Bond and surety, both or' which must be
accept.'~bte to OWNER.
5.4. CONTRACDDR shall purchase and maintain such
liability and other insuranbe as is appr°pria~e for the Work
being performed and fumlshed and as will-l~'rovide protection
from claims set ford~ below which may arise out of or r~ult
from CONTRA.C'TOR's performance and furnishing of the
Work and CONTRACTOR's other oblig~ions under the Con-
mart Documents, whether it is tS be performed or fi~mished by
CONTRACTOR, ~ny Subcontractor or Supplier, or by anyone
directly or indirectly employed by any.bt' them to perform or-
furnish any or' the Work, or by anyone for Whose acts any of
them may be liable:
5.4.1. claims under workers', compensation, disab~ity'
benefir, s and other simffar employee benefit acrs;
5.4.2. claims for damages because of bodily injury, oc-
cupational sickness or dise~.se,, or death of CONTRAC-
TOR's employees;
5.4.3. claims for damages because or' bodily injur~, sick- .
ness or disease, or dear. h of any person other than CON-
TRACTOR's employees;
5.4.4. claims for damages'insured by c.ustomary perso, nal'
· injury liabili~ coverage which are sustained: (~ by any
person as · msutt of an offense direcdy or indirectly related
· to the employment or'such person by CONTRAcroR, or(iD
by any other person for any other reason;
5.4.5. claims for damages, other titan to the Work itseI~ ..-..
bec~cse or' injury to or destruction of i~ngible property
wherever located, including loss of use resuldns therefirom;
and
5.4.6. claims for damages be~,,~e of b lit injury or .'
death of any person or property damage aris[ns out: of the. i~!~'i'-- '
ownership, maintenance or use of any motor vehicle.
The policies of insurance so required by this parag~ph J.4 to
be purchased and maintained shall:
5.4.7. with respect to insurance required by paragraphs
$.4.3 through $.4.6 inclusive, include as additional ins~
(subject to any customar~ exclusion in respect of profes-
sional liability) OWNER, ENGINEER, ENGiNEER's Con-
sul:ant~ arid any other persons or entities identified in the
Supplementary Conditions, all of whom shall be listed as
additional in~ureds, and include coverage for the respective
officers and employees of ali such additional insurers;
5.t.8. include the specific coverages and be writ:ca for
not lesa than the limits of liabffity provided in the Supple-
mentary Conditions or required by Laws or Regulations,
whichever is greater;
$.`*.9. include completed operations insurance;
5.,*.!0. include contractual liability insurance covering
CONTRACTOR's indemnity obligations under paragraphs .
6.12, 6.16 and 6.31 through 6.33;
5.4.11. contain a provision or endorsement that the
coverage afforded will not be c~.ncelled, materiall7 changed
or renewal refused untiI at least thirty days prior written
notice has been given to OWNER and CONTRACTOR and.
to each other additional insured identified in the SUpplemen-
tar/Conditions to whom a certificate of insurance has been
issued (and the certificates of insurance furnished by the
CONTRACTOR pursuant to paragraph $.3.2 wi'fl so pro-
vide);
5.4.12. remain in effect at least until final payment and ;~i
all times thereafter when CONTRACTOR may be correct-
ingl removing or replacing d~f~ctiv, Work in accordance.
w.i.'th paragraph 13.12; and
5.4.13. with respect to completed operations insurance,
and any insurance coverage written on a claims-made basis,
remain in effect for at least two Yearn after final payment
(and CONTRACTOR shall finnish OWNER and each other
additional insured identified in the Supplementary Coedi-
tions to whom a ce~ficate of insurance has been ~sued
evidence satisfactory to OWNER and any such additional
· insured of continuation of such insurance at final payment
· and one year thereafter). · ..
. OI*/3IF~R'$ l.J~biI~ Insurance:
5.5. In addition to the insurance required to be provided by
CONTRACIDR under paragraph 5.4, OWNER, at OWNER's
option, may purchase and maintain a~ OWNER's expemqe
OWNER's own liability insurance as will protect OWNER
'against claims which may arise from operations under the
Contract Documents. '
Prol~ert~ Irma'anco: '
· §.6. Unless otherwise prodded in the ~upplementary Con-
difions, OWNER shail purchase and mainthin property.imm'-
ance upon the Work al: the site in the amount of the fuIl
replacement cost thereof (subject to such deductible amounts
as may be provided in the Supplementary Conditions or
required by Laws and Regulations). This insurance shall:
5.6.1. include the interests of OWNER, CONTR. AC;
TOR. Subcontractors. ENGINEER, ENGINEER's Con-
sult.,xnts and any other persons or entities identified in the
Supplementary Conditions, each of whom is deemed to have
an insurable interest and shall be listed as an insured or
additional insured;
5.6.2. be written on a BuildeFs Risk "all-risk" or open
peril or special c/uses of loss policy form that shall at least
include insurance for physical loss or damage to the Work,
temporary buildings, falsework and Work in transit and shall
insure against at least the following perils fire, lightning,
extended coverage, theft, vandalism and malicious mischief,
earthquake~ collapse, debris removal, demolition occasioned
by enforcement of Laws and Regulations, water damage,
and such other perils as may be specifically required by the
Supplementary Conditions;
5.6.3. include expe'nses incurre4:l in the r~palr or replace-
ment of any insured prol~rt~. (including but not limited to
flees and charges'of engineers and architects);
5.6.4. cover materials and equipment Stored at the site or
.at another location that was agreed to in writing by OWNER
prior to being incorporated in the Work.'provlded that such
materials and equipment have been included in an Applica-
tion for Payment recommended by ENGINEER; and
5.6..5. be maintained in effect unla'l final payment is made
unless otherwise agreed tO in writing' by OWNER. CON-
TR.ACIDR and ENGINEER with thing days written notice
to e~h other additional'insur~l to wff6m a certificate of
insurance has been issued.
$,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,
CONTR.,ACTOR. Subcontractors, ENGINEER, ENGINEER's
Consultants and any other persons or entities identified in the
Supplementa.,T Conditions, each of whom is deemed to have
an insurable interest and shall be listed as an insured or
addition .al insured.
$.8. All the policies of insurance (and the certificates or
other evidence thereof) required to be put:based and main°
talned blt OWNER in accordance with paragraphs 5.fi and 5.7
will contain a provision or endorsement thai: the coveraSe .
afforded w~l not be cancelled or materialllt changed or renewal;.
refiased until at least thirty days' prior writr~n notice has been
siren to OWNER and CONTRACIDR and to each other:.:
additional insured to whom a certificate of insurance has been
issued and will contain waiver provisions in accordance with
5.9. OWNER shall not be responsible for purchasi~g and
maintaining ~y p~ i~su~ce m p~t~C the [nte~ of
CO~~R, Subco~cto~ or o~em in ~e Wo~ to the
extent of any deductible ~oun~ that
Supplemen~ Conditions. ~e risk of Io~ witch such idcn-
dried deductible ~ounL will be borne by
Su~o~mr or othem suffering ~ny such loss ~d if ~ny of
~em ~shes pmpe~ insu~ca corena wi~in the Iimi~ of
such ~oun~, ~ch m~y pu~h~c
pu~h~er's ow~ ax~nse.
5.10. It' CONTRACTOR requests in wridng that other
special insurance be included in the property insurance policies
provided under paragraphs 5.5 or 5.7, OWNER shall, it' possl-
bIe, include such insurance, and the cost thereof will be
chargecl to CONTRACTOR by appropriate Change Order or
WHiten Amendment. Prior to commencement of the Work at
the site, OWNER shall in writing advise CONTR, a. CTOR
whether or not such other insurance has been procured by
OWNER.
5.11. Waiver of Right~:
5.11.1. OWNER and CONTRACTOR intend that all
policies purchased in accordance with paragraphs 5.6 and
5.7 will protect OWNER, CONTRACTOR, Subcontractors,
ENGINEER, ENGINEER's Consultants and ali ocher per-
sons or entides identified in the Supplementabj Conditions to
!~ listed as insureds or additional insureds in such policies
and will provide primary coverage for all losses and damages
caused by the perils covered thereby. All. such policies shall
contain provisions to the effect that in the event of payment
of any loss or damage the insurers will have no rights of
r~:overy against any of the insureds or additional insureds
thereunder. OWNER and CONTI~a, CIDR waive all rights
against ~ch other and their respective officers, directors,
employees and agents for all losses and damages caused by,
arising out of or resulting from any of the perils covered by
such policies and any other properly insurance applicable to
the Work; and, in addition, waive all such rights aS'ainst
.Subcontractors, ENGINEER, ENGINEER's Consultants
and all other persons or entities identified in the"~upplemen-
tary Conditions to b~ listed as insureds or additional insureds
under such policies for losses and damag~ so caused. None'
of the above waivers shall extend to the rights that any l:rarry
making such waiver may have to the proceeds of insurance
held by OWNER as trustee or otherwise payable under any
policy so issued.
1.11.2. In addition, OWNER waives all fights against
CONTRAC'IDR, Subcontractors, ENGINEER, ENGI-
NEER's Consultants and the officers, directors, employees
.and agents of any of them, for:. -.
5. ! 1.2.1. loss due to business interruption, loss of use
or other consequential loss extending beyond direct phys-
ical loss or dama&c to OWNER's property or the Work
caused by, arising out of or resulting from tim or ocher
peril, whether or not insured by OWNER; and
5.11.2.2. loss or damage to the completed Project or
Part thereof caused by, arising out of or resulting from fire
or other insured peril covered by any property insurance
maintained on the completed Project or part thereof' by
OWNER during partial utilization pursuant to paragraph
14.10, after substantial completion pursuam to paragraph
I4.8 or after final payment pursuant to paragraph 14.13.
Any insurance policy maintained by OWNER covering a.ny
loss, damage or consequential loss referred to in this paragraph
5.11.2 shall contain provisions to the effect that in the event of
payment of any such loss, damage or consequential loss the
insurers will have no rights of recovery against any of CON-
TRACTOR. Subcontractors, ENGINEER, ENGINEER's Con-
sultants and the officers, directors, employees and agents of
any or' them.
Receipt and Application of Insurance Proceeds
5.12. Any insured loss under the policies of insurance
required by paragraphs 5.6 and 5.7 will be adjusted with
OWNER and made payable to OWNER as fiduciary for the
insureds, as their interests may appear, subject to the require-
ments of any applicable mortgage clause and of paragraph 5.13.
OWNER shall deposit in a separate account any money so
received, and shall distn'bute it in accordance with such agree:
merit as the parties in interest may reach. If no other special
agreement is reached the damaged Work shall be repaired or
replaced, the moneys so received applied on accotinc thereof
and the Work and the cost thereof covered by an appropriate .
Change Order or Writ:eh Amendment.
5.13. OWNER as fiduciary shhll 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 o~' this power. If such
objection be made, OWNER as fiduciary shall make settlement
with the insurers in accordance with such agreement as the
parties in interest may reach. It' no such agreement among the
parties in interest is reached, OWNER as fiduciary shall adjust
and settle the loss with the insurers and, if required .in writing
by any party in interest, OWNER as fiduciary shall give bond
for the proper performance of such duties.
Acceptance of Bon& and I~urance; Option to Replace:
5.14. ff either parry (OWNER or CONTRACTOR) has any
objection to the coverage afforded by or other provisions of the
Bonds or insurance required to be purchased and maintained
by thc other party in accordance with Article 5 on the baals of
non-conformance with the Contract Documents, the objecting
par~' shall so noti~ the other party in writing within ten days
after receipt of the certificates (or other evidence requested)
required by paragraph 2.7. OWNER and CONTRACTOR shall
each provide to the other such additional information in respect
of insurance provided as the other may reasonably request. If
either party does not purchase or maintain all of the Bonds and
insurance required of such party by the Contract Documents,
such party shall notify the other party in writing of. such failure
to purchase prior to the sta~ of the Work, or of such failure to
maintain prior to any change in the required coverage. Without
prejudice to any other right or remedy, the other party may
elect to obtain equivalent Bonds or insurance to protect such
other party's interests at the expense of the party who was
. required to provide such coverage, and a Change Order shall
be issued to adjust the Contract Price accordingly.
§.15. If OWNER finds it necessary to occupy or use a
pordon or portions of the Work prior to Substantial Completion
of all the Work, such use or occupancy may be accomplished in
accordance with paragraph 14.10; provided that no such use or
occupancy shall commence before the insurers providing the
property insurance have acknowledged notice thereof' and in
writing effected any changes in coverage necessitated thereby.
The insurers providing the property insurance shall consent by
endorsement on the policy or policies, but the prOperly insur-
ance shall not be cancelled or permit:ed to lapse on account of
any such par:iai use or occupancy.
ARTICLE 6~CONTRACTOR'S RESPONSIBILITIES
and Suger~tendence:
6.1. CONTRACTOR shall supervise, inspect and dire~t 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 Con-
tract Documents. CONTRACrOR shall be solely respons~le
for the means, methods, techniques, sequences and procedures
of construction, but CONTRACTOR shall not be respons~[e
for the negligence of others in the design or specification of a
specific means, method, technique, sequence or procedure of
construction which is shown or indicated in and expressly
required by the Contract Document~. CONTRACTOR shall be
responsible to see that the completed Work complies accu-
rately with [he Contract Documents.
6.2. CONTRACTOR shall keep on the Work at all dines
during its progress a competent resident superintemlent, who
shall not be replaced without written notice to OWNER and
ENGINEER except under extraordinary circumstances. The
superintendent will be CONTRACTOR's representative al the
site and shall have authority to act on behalf of CONTRAC-
TOR. All communications to the superintendent shall be as
binding as if given to CONTRACTOR.
l.~bor, Mater~l~ and Eqaip~r~n~
6.3. CO~~R sh~l provide competent, suitably q~-
ifi~ pe~nnei m su~ey, lay out and cons~ct the Wo~ ~
mqu[~ by ~e Coast D~men~. CO~~R s~l ~'
~I dmes main~n g~d discipline and o~er ~ ~e site. Exc~t
o~e~ise required for the s~ety or proration of pemo~ or.
· e Wo~ or pm~ at the site or idj~ent thereto, and except
~ o~e~ise indicted in ~e Con.ct D~umena, ~1 Wo~ at
~e site sh~l be peffo~ duHng ~!~ wo~ns houm ~d
CONTP..ACTOR will not permit overtime work or the perfor-
mance or' Work on Sattirday, Sunday or any legal holiday
without OWNER's written consent given after prior written
notice to ENGINEER.
6.¢. Unle~ otherwise specLfied in the General Require-
meats, COI',rI'RACTOR shall furrdsh and assume full re.spon-
sibilicy for all rra~terials, equipment, labor, transportation, con-
struction equipment and machinery, tools, appliances, fuel,
power, light, heat, telephone, water, sanita~' facilities, tempo-
rary facilities and all other facilities and incidentals necessary
t'or the furnishing, performance, testing, start-up and comple-
tion of the Work.
6.5. All materials and eq~pment shall be of good quality
and new, except as otherwise provided in the Contract Docu-
ments. All warranties and guarantees specifi~cally called for by
the S pecificafions shall expressly run to the benefit o~OWNER.
If required by ENGINEER, CONTR~C'I~R shall furnish
satisfactory evidence (including reports of required tests) a.s to
the kind and quality ~)f materials and eqtlipment. All malerials
and equipment shall be applied, installed, connected, erected,
used, cleaned and conditioned in accordance with ins~ruc~ons
of the applicable Supplier, except ~ otherwise provided in the
Contract Documents.
Progress Schedul~:
6.6. CONTR'ACTOR shall aa[here to the progress schedule
established in accordance with .pacag~ph 2.9 as it may be
adjus~d from dine to time as 'provided below:
6.6.1. CONTRACTOR shall submit to ENGINEER for
accepr~ance (to the extent indicated in paragraph 2.9) pro-
posed adjustments in the p~gr~ss schedule that will not
change the Contract Times (or Milestones). Such adjust-
meats will conform genera~Iy to the progress schedule then
in effect and additionally will comply with any provisions of
the General Requirements applicable thereto.
6.6.2. Proposed adjustments in the progress schedule
that will change the Contract Times (or Milestones) shall be
submitted in accordance with the requirements of paragl~i~h
12.1. Such adjustments may only be made by a Change
Order or Written Amendment in accordance with Article 12.
6.7. Subs*tmn, s and "Or-Equal" Items:
6.7. i. Whenever an item of maLerial or equipment, is
specified or described in the Contract Documents by using
the name of a proprietary item or the ~.me of a particular
Supplier, the specification or description is intended to
establish the type, function and quality required. Unless the
specification or description contains or is followed by words
reading that no like, equivalent or ."or-equal" item or no
substitution is permitted, other items of material or equip-
ment or material or equipment of other Suppliers may be
accepted by ENGINEER under the following circums ,t,~ncea:
6.7.1.1. "Or-Equal": If in ENGINEER's sole discrk'-
lion an item of material or equipment proposed by CON-
'TtLa, CTOR is functionally equal to that named and suffi-
ciently similar so that no change in related Work Mil be
required, it may be considered by ENGINEER as an
· 'or-equal" item, in which ca.se review and approval of the
proposed item may, in ENGINEER's sole discretion, be
accomplished without compliance with some or all of the
r~quir~ments for acceptance of proposed substitute items.
6.7.1.2. Substitute /terns: If in ENGINEER's sole
discretion an item of material or equipment proposed by
CONTRACTOR does not qualify as an "or--~qual" item
under subparagraph 6.7.1.I, it will be considered a pro-
posed substitute item. CONTRACTOR shall submit suffi- '
cient information as provided below to allow ENGINEER
to determine that the item of material or equipment
proposed is essentially equivalent to that named and an
acceptable substitute therefor. The procedure for review
by the ENGINEER will include the following as supple-
merited in the General Requirements and as ENGINEER
may decide is appropriate under the circumstances. Re-
quests for review of proposed substitute items of material
or equipment will not be accepted by ENGINEER from
anyone other than CONTRACTOR. If CONTRACTOR
wishes to furnish or use a substitute item of material or
equipment, CONTRACTOR shall first make written appli-
cation to ENGINEER for acceptance thereof', ce,~i~'ying
that the proposed substitute will perform adequately the
functions and achieve the results called for by the general
design, be similar in substance to that specified and be
'suited to the same use aa that specified. The application
will state the extent, if any, to which the evaluation and'
acceptance of the proposed substitute will prejudice CON-
TRACTOR's achfevement of Substantial Completion on
time, whether or not acceptance of the substitute for use in
the Work will r~quire a change in any of the Contract
Documents (or in the provisions of any other direct
contract with OWNER for work on the Projec0 to adapt
the design to the proposed substitute and whether or not'
incorporation or use of the substitute in connection with
the Work is subject to payment of any license fee or
royalty. All variations of the proposed substitute from that
sI:~Cified will be identified in the application and:,ivallable
maintenance, repair and replacement se.vice will be indi-
cated. The application will also contain an itemized eslio
· mate of ail costs or credits that will result directly or
indirectly from acceptance of such substitute, including
costs of redesign and claims Of other contractors affected
by the resulting change, all of which will be considered by
ENGINEER in evaluating the proposed substitute. EN-
GINEER may 'require CONTRACTOR to furnish addi-
tional data about the proposed substitute.
6.7.1.3. CONTRACTOR's Eccpen~e: All dam. to be .
provided by CONT~R in support of any propose.
"or-~qual" or substitute item will be at CONTRACTOR's
expense,
6.7.2. Substitute Construction Method~ or Procedure$: Ifa
$1~:h5c ~.ns, method, t~chnique, ~quence or pmc~ure of.
construction is shown or indicated in and expressly required by
the Contract Documents, CONTRACTOR may furnish or
utilize a substitute means, method, technique, sequence or
procedure of construction acceptable to ENGINEER. CON~
TRACTOR shail submit sufficient information to allow ENGI-
NEER, in ENGINEER's sole discretion, to determine that the
substitute proposed is equivalent to that expr~sly called forby
the Contract Documents. The procedure for review by ENGI-
NEER will be similar to that provided in subparagraph 6.7.1.2.
6.7.3. Engineer's Evaluation: ENGINEER will be allowed
a reasonable time within which to evaluate each proposal or
submit:al made pursuant to paragraphs 6.7.1.2 and 6.7.2.
ENGINEER will be the sole judge of acceptability. No "or-
equal" or substitute will be ordered, installed or utilized
without ENGINEER's prior written acceptance which will be
evidenced by either a Change Order or an approved Shop
Drawing. OWNER may require CONTRACTOR to furnish at
CONTRA~R's expense aspeciai performance guarantee or
other surety with respect to any "or-equal" or substitute.
ENGINEER will record time required by ENGINEER and
ENGINEER'S Consultants in evaiuafing subsdtut.es proposed
or submitted by CONTRA. CTOR pursuant to paragraphs 6.7.1.2
and 6.7.2 and in making changes-in the Co. ntraet Documents (or
in the provisions of any other direct contract with OWNER for
work on the Project) occasioned thereby. Whether or not
ENGINEER accepts a substitute item so proposed or submit-
ted by CONTRACTOR, CONTRACTOR shall reimburse
· OWNER for the charges of ENGINEER and ENGINEER's
Consultants for evaluating each such proposed substitute item.
Concerrdng Sabconlracto~, Suppl~r~ and Other:
6.8.1. CONTRAC'I~R shail not employ any Subcon-~
tractor, Supplier Er other person or organization (including
those acceptable to OWNER and ENGINEER as indicated
in paragraph 6.8.2), whether initially or as a substitute,
against whom OWNER.or ENGINEER may have reason-
able objection. CONTtL~.CTOR shall not be' required to
employ any Subcontractor, Supplier or other person or
organization to furnish or perform any of the Work against
whom CONTRACIDR has reasonable obj. ection.
6.8.2. If the Supplementary Conditions requir~ the iden-
tity of cermln Subcontractors, Suppliers or other persons or
organizations (including those who am to furnish the princi-
pal items of materials or equipment) to be submitted to
OWNER in advance of the specified date prior to '~he
Effective Date of the Agreement for acceptance by OWNER
and ENGINEER, and if CONTRACTOR has submitr,~l a
list thereof in accordance with the Supplementary Condi-
tions, OWNER's or ENGINEER's acceptance (either in
writing or by ~'ling to make whiten objection thereto by the
date indicated for acceptance or objection in the bidding
documents or the Contract Documents) of any such Subj..ob-
tractor, Supplier or other person or organization so identified
may be revoked on the basis of re~onable objection a.eter
due invesfigadon, in which ca~e CONTRACIDR shall sub-
mit an acceptable substitute, the Contract Price wffi be
adjusted by 'the difference in the cost occasioned by such
SUbstitution and an appropriate Chang~ Order will be' issued
or .Written Amendment signed. No acceptance by OWNER
'or ENGINEER of any such Subcontractor, Supplier or other
· person or organization shall constitute a waiver pt' any Hght
:of OWNER or ENGINEER to reject defective Work.
6.9.1. CONTRACTOR shall be fully responsible to
OWNER and ENGINEER for all acts and omissions of the
Subcontractors, Suppliers and other persons and organiza-
tions performing or furnishing any of the Work under a direct
or indirect contract with CONTRACTOR just as CON-
TILa. croR is respons~le for CONTRACTOR's own acts
and omissions. Nothing in the Contract Documents shall
create for the benefit of any such Subcontractor, Supplier or
other person or organization any contractual relationship
between OWNER or ENGINEER and any such Subcon-
tractor, Supplier or other person or organization, nor shall it
create any obligation on the part of OWNER or ENGI-
NEER to pay or to see to the paymen~ of any moneys due
any such Subcontractor, Supplier or other person or organi-
zation except as may otherwise be required by Laws and
Regulations. -.
6.9.2. CONTRACTOR shall be solely respons~le for
scheduling and coordinating the Work of Subcontractors,
Suppliers and other persons and organizations performing or
furnishing any of the Work under a direct or indirect contract
with CONTRA~R. CONTRACTOR shall require all Sub-
contractors, Suppliers and such other persons and organiza-
tions performing or furnishing any of the Work to communl-
cate with the ENGINEER through CONTR.A. CTOR.
6.10. The divisions and sec:ions of the Specifications and '
the identifications 0~' any Drawings shall not control CON-
TRACTOR in dividing the Work among. Subcontractors or
Suppliers or delineating the Work to be performed by any
specific trade.
~.II. All Work'performed for CONTRACTOR by a Sub-
contr-ac:or or Supplier will be pursuant to an appropriate
agreement between CONTRACrOR and the Subcontractor or
Supplier which specifically bin~s the Subcontractor or Supplier
to the applicable terms and conditions of the Contract Docu-
ments for the beneft of OWNER and ENGINEER. Whe~nevcr .
any such agreement is with a Subconwactor or Supplier who is
listed as an additional insured on the property insurance
provided in paragraph 5.6 pc 5.7, the agreement bet'ween the
CONTRACTOR and the Subcontractor or Supplier will
~n provisions whereby the Subcontractor or Supplier waives
all rights a&~inst OWNER, CONTR~C'rOR, ENGINEER,
ENGINEER's Consultants and all other additional insureds for
all losses and damages caused by, arising out of or resulting
from any of the perils covered by such policies and any other
property insurance applicable to the Work. If the insurers on
any such policies require separate waiver forms to be signed by
any Subcontractor or Supplier, CONTRACTOR will obtain the
same.
6.12. CONTRACTOR shall pay all license fees and royal-
ties and assume all costs incident to the use in the performance-
of the Work or the incorporation in the Work ofany'inventi°n,
design, process, product or device which is the subject of
paten: rights or copyrights held by others. If a particular
invention, design, process, product or device is specified in the
Contrac: Documents for use in the performance of the Work
and if' to the actual knowledge of OWNER or ENGINEER its
use is subject to pa~ent rights or copyrights calling for the
payment of any license fee or royalty to others, the existence of
such Hghts shall be disclosed by OWNER in the Contract
Documents. To the fullest extent permitted by Laws and
Regulations, CONTRACTOR shall indemnify and hold harm-
less OWNER, ENGINEER, ENGINEER's Consultants and
the officers, directors, employee~, agents and other consultants
of each and any of them from and against all claims, costs~
losses and damages arising out of or resulting from any
infringement of patent rights or copyrights incident to the use in
the performance of the Work or resulting from the incorpora-
tion in the Work of any invention, design, process, product or
device not specified in the Contract Documents.
permitz : ' ·
6.13. Unless otherwise provided in the SupPlementar~
Conditions, CONTR.a. CTOR shall obtain and pay for all con-
struceion permits and licenses. OWNER shall assist CON-
TRACTOR, when necessary, in obtaining such permits and
licenses. CONTIL~.CTOR shall pay all governmental charg~s
and inspection fees necessary for the prosecution of the Work,
which ax~ applicable at the time of opening of Bids, or, if ther~
art no Bids, on the F_.ffec~ive Dale of the Agreement. CON-
TRAC fOR shall pay all charges of ur,'lity owners for connec-
tions to the Work, and OWNER shall pay all charg~ of such
utility owners for capital costs rotor, ed thereto such as plant
investment fees. .'
6.14.1. CONTRACTOR shall give all notices and comply
with all Laws and Regulado~ applicable to furnishing and
performance of the Work. Except where otherwise expressly
required by applicable Laws and Regulations, neither 0 WNER
nor ENGINEER shall be respons~le for monitoring CON-
TRACTOR's compliance with any Laws or Regulations.
6.14.2. If CONTRACTOR pert'orrns any Work knowing
or having mason to know that it is contrary to Laws or
Regulations, CONTRACTOR shall be:u' all claims, costs,
losses and damages caused by, arising out of or resultin~
therefrom; however, it shall not be CONTRACTOR's pri-
mary respons~ility to make certain that the SpecLqcations
and Drawings are in accordance with Laws and Regulations,
but this shall not relieve CON'IT, AL-'~.R of CONTRAC-
.TOWs obligations under paragraph 33..2.
Tar. es: '
6. L~. ¢O~R sh~I'pay al! sales, cousurn~, u~
and other sirmq~' ~es required to he paM by CONTt~CTO~.
~n accordance wkh the Laws and R~u~io~ of ~he place of
the l~roject which are applicable during the performance of the
Work.
6.16. CONTRACTOR shall confine construction equip-
ment, the storage of materials and equipment and the opera-
tions of workers to the site and land and areas identified in and
permit:ed by the Contract Documents and other land and areas'
permitted by Laws and Regulations, fights-of-way, permits and
e~sements, and shall not unreasonably encumber the premises
with construction equipment or other materials or equipment.
CONTRACTOR shall a~sume full responsibility for any d~ru-
age to any such land or area, or to the owner or occupant
thereof or of any adjacent land oc areas, resulting from the
performance of the Work. Should any claim be made by any
such owner or occupant because of the performance of the
Work, CONTR,-~CI'OR shall promptly scale with such other
party by negotiation or otherwise resolve the claim by arbitra-
tion or other dispute resolution proceeding or at law.. CON-
TRACTOR shall, to the fullest extent permitted, by Laws and
Regulations, indemnify and hold harmless OWNER, ENGI-
NEER, ENGINEER's Consultant and anyone directly or
indirectly employed by any of them from and against all claims,
costs, losses and damages arising out of or resulting from any
claim or ac:ion, legal or equitable, brought by any such owner
or occupant ag~nst OWNER, ENGINEER or :ny other party
indemnified hereunder to the extent caused by or based upon
CONTRACTOR's performance of the Work.
6.17. During the progress of the Work, CONTRA.C'fOR
shall keep the premises free from accumulations of waste
materials, rubbish and other debris resulting from the Work. At
the completion of the Work CONTRACTOR shall remove all
waste materials, rubbish and debris from and about the pre-
rnises as well as all tools, appliances, construction equipment
and machinery and surplus materials. CONTRACTOR shall
leave the site cte~n and ready for occupancy by OWNER at
Substantial Completion of t.he Work. CON'I'RACTOR shall
restore to original '~:ondidon all proper~ not designated for
alteration by the Contract Documents. - ,,
6.18. CONTtLa. CI'OR shall not load nor permit any pa~of'
any structure to be loaded in any manner that will endanger the
structure, nor shall CONTRACTOR subject any part of the
Work or adjacent property to stresses or pressures that will
endanger it.
Record
6.19. CONTRA. CI'OR shall maintain in a safe place at the
site one record copy of all Drawings, Specifications, Addenda,
Written Amendments, Change Orders, Work Change Dime-
lives, Field Orders and written interpretations and claritica-
lions (issued pursuant to paragraph 9.4) in good order md
annotated to show all changes made during construction.
These record documents together with all approved Samples
and a counterpart of all approved Shop Drawings w~l be
av~,'lable to ENGINEER for reference. Upon completion of
the Work, these record documents, Samples and Shop Draw-
ings will be delivered to ENGINEER for OWNER.
Safety and Protection:
6.20. CONTRAC'I~R shall be responsible for initialing,
maintaining and supervising all safety precautions and pro-
grams in connection with the Work. CONTRACTOR shall take
all necessary precautions for the safety of, and shall provide
the necessary protection to prevent damage, injury or loss to:
6.20.1. all persons on the Work site or who may be
aWec:ed by the Work;
6.20.2. all the Work and materials and equipment to be
incorl>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, roadways,.
structures, utilities and Underground Facilities not desig- .
hated for removal, relocation or replacement in the course, of
construction.
CONTRACTOR shall comply with all applicable Law~ and
Regulations of any public body having jurisdiction for safety of
persons or prope.~y or to protect them from damage, injury or
loss; and shall erect and maintain all necessary safeguards fo/' '
such safety and protection. CONTRACTOR shall notify own-
ers 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 protection, removal,
relocation and replacement of their property. All damage,
injury or loss to any property refe,"red to in paragraph 6.20.2 or
6.20.3 caused, directly or indirectly, in whole or in part, by
CONTR. ACTOR, any Subcontractor, Supplier or any other
person or or~nizatlon direr.fly or indirectly employed by any
of them to perform or furnish any of the Work or anyone for
whose acts any of them may be liable, shall be remedied by
CONTRACTOR (except. damage or loss at~butable to the
fault of' Drawings or Specifications or to the acts or omissions
· of OWNER or ENGINEER or ENGINEER's Consultant or
anyone employed by any of them or anyone for whose acts any
of them may be liable, and not attributable, directly or indi-
rectly, in whole or iu part, to the fault or negligence of
CON-I-RACTOR or any Subcontractor, Supplier or other per.-
son or organization directly or indirectly employed by any of.
them). CONTRA.CI'OR's duties and respons~ilides for sat%.ty
and for protection of the Work shall continue until such time as
all the Work is completed and ENGINEER has issued a no,ice
to OWNER and CONTRACTOR in accordance with lints-
graph la.13 that the Work is acceptable (except as otherwise
expressly provided in connection with Substantial Comple-
tion). ·
Safety Repre~e~~tgve: .
6.21. CONTRACTOR shall designate a qualified and expe-
rienced sat'cry represenu~ive at the site whose duties .and
respons~i]ities shah be the prevention of accidents and the
maintaining and supervising of safety precautions and pro-
gl-a_rns.
Ha:m'd Cammunic~n Program. r:
6.9. CONTRACTOR shall be responsible for coordinating
any exchange of material safety data sheets or other h-~rd
communication information required to be made available to or
exchanged between or among employers at the site in accor-
dance with Laws or Regulations...
6.Z5.1.I. all field meastu'm~ents, quantities, dime, n-
SiGns, specified performance criteria, installation require-
ments, materials, catalog numbers and similar information
with resider thereto,
67-5.1.2. all materials with respect to intended use,
fabrication, shipping, handling, sto~age, assembly and
installation pertaining to the performance of the Work, and
6.~_5.1.2. all information relative to CONTRACTOR's
sole respons~ilides in respect of means, methods, t~:h-
niques, sequenc~ and procedures or' construction and
safety precautions and prop,'ams incident thereto.
Ernerg enc~ex :
6.~. In emergencies affecting the safety or protection of
persons or the Work or property at the site or adjacent
thereto, CONTRACTOR, without special instruction or au-
thorization from OWNER or ENGINEER, is obligated to
act to prevent threatened damage, injury or loss. CON-
TRACIE)R shall give ENGINEER prompt written notice if
CONTRACTOR believes that any signifi.cant changes in the
Work or variations from the Contract Documents have been
caused thereby. If ENGINEER determines that a change in
the Contract Documents is required because of the action
taken by CONTRACTOR in response to such an emergency,
a Work Change Directive or Change Order will be issued to
document the consequences of such action.
6.2-~. Shay Drawlng~ and Svznptes:
6.!4.1. CONTRAC'~R shah submit Shop Dmwi~
ENGINEER for ~view ~d app~val in acco~ce wi~ ~e
accepted schedule of Shop Dm~n~ ~d S~ple submit~s
(see p~mph 2.9). All sub~s w~I be identifi~
ENGINEER may r~ui~ ~d in ~e number of Copies
s~cified in the Gene~ Requirement. ~e dam sho~ on
~e Shop Drawings ~ql be complem wi~ ~pect to quaff-
ties, dimensions, sp~ified ~ffo~ce and d~i~ cHte~,
~[ed~s and simil~ dam to show ENGINEER the
~s and equipment CO~~R pm~s~ to ~ovide ~d
to enable ENGINEER to ~view ~e info~fion for
li~t~ pu~oses r~uimd by p~ph 6.26.
6.2~.2. CONTOUR sh~l ~so submit S~pl~
ENGINEER for ~vicw ~d appmv~ in ~co~c~ wi~
s~d ~cept~ schedule of Shop D~win~ and S~pl~ su~
mi~s. ~ch S~ple ~I! be iden~fied cl~y ~ to mateH~,
· Supplier, pe~nent d~ such ~ ~og n~be~ ~d ~e
for which intend~ and o~e~ise ~ ENGINEER ~y
~qui~ to e~le ENGINEER to review ~e sub~ for
· e limit~ pu~ses mqui~d by ~ph 6.26. ~e num-
~ of each S~ple to be submiu~ will be ~ sp~ifi~ in
~e S~cifica~ons.
6.~.!. Before submitting each Shop Drawing or Sam-'
· ple, CONTRACTOR shall have determined and verified:
CONTR.ACTOR shall also have reviewed and coordinated
each Shop Drawing or Sample with other Shop Drawings
and Samples and' with the requirements of the Work and the
Contract Documents.
6.25.2. Each submittal will bear a stamp or specific
written indication that CONTRAC'I~R has satisfied CON-
TI:L~.CTOR's obligations under the Conmc.~ .Documents v~ith
respect to CONTRACTOR'S review and ap'p .rpvai of that
submittal.
6.~.3. At the time of each submission, CONTRACTOR
shall give ENGINEER specific written notice of such vari-
ations, if any, that' the Shop Drawing or Sample submitted
may have From the requirements of the Contract Documents,
such notice tO be in a written communication separate from
the submit'mi; and, in addition, shall cause a specific notation
to be made on each Shop Dra~,ving and Sample submitted to
ENGINEER for review and approval of each such variation.
6.26. ENGINEER will rev. i6w and approve Shop Drawings
and Samples in accordance with the schedule of Sh. op Draw-
ings and Sample submittals accepted by ENGINEER as
quired by paragraph 2.9. ENGINEER's review and. approval
will be only to determine if the items oovered by the submit*als
will, a~ter installation or incorporation in the Work, CO,Grin to
the information given in the ConU~ct Documents and be
compatible with the design concept of the completed Project as
a func:ioning whole a.s indicated by the Contract Documents.
ENGINEER's review and approval w~ql not extend to memos,
methods, techniques, sequences or procedures of construction
(except where a pa.,'ticular means, method, technique, se-
quence or procedure of construction is specifically and ex-
pressly called t'or by the Contract Documents) or to safety
precautions or programs incident thereto. The review and
approval of a sepamm item as such will not indicate approval or'
the assembly in which the item functions. CONTRACTOR
shall make corrections required by ENGINEER, and sl-=Ji
return the required number of con=cted copies of Shop Dr=w-
ings and submit a.s required new Samples for review and
approval. CONTR.ACI'OR shall direct specific attention in
~riting to revisions other than the corrections called for by
ENGINEER on previous submittals.
6.Z7. ENGINEER's review and approval of Shop D~w-
ings or Samples shall not relieve CObFTRAC~R from respon-
sibility for any va'iation t'rom the requirements of the Contract
Documents unless CONTRACTOR has in writing called
'G'INEER's attention to e~:h such variation at the time
submission as required by paragraph 6.25.3 and ENGINEER
has g/yen written approval of each such vadafion by spec/ftc
written notation thereof incorporated in or accompanying the
Shop Drav,'ing or Sample approval; nor W/II any approval by
ENGINEER relieve CONTRACTOR from responsibility for
complying with the requirements of paragraph 6.2~. !.
6.28. Where a Shop Draw/ng or Sample is required by the
Coiat'~ct Documents or the schedule of Shop Drawings and
Sample submissions accepted by ENGINEER as required by .
paragraph 2.9, any related Work performed prior to ENGI-
NEER's review and approval of the pertinent submittal will be
.at t. he sole expense a~d respons~ility of CONTRACTOR.
'6.29. CONTRACTOR shall carry on the Work and adhere
to the progress schedule during all disputes or disagreements
wi~ OWNER. No Work shall be delayed or postponed penal:
lng resolution of any disputes or disagreements, except as
permitted by paragraph 15.5 or as OWNER and CONTRAC-
TOR rr~y otherv4se agree in writing.
6.30. CONTRACTOR's General Wm-txm~ and Guarantee:
6.30.1. CONTRACTOR wan-ants mad guarantees to
- OWNER, ENGINEER a~d ENGINEER's Consultants that
all Work Will be in accor/hnce wiLh the Contract Documents
and will not be defective. CONTRACTOR's warranty and
guarantee hereunder excludes defects or damage caused by:
6.30.1.1. abuse, m6dLt:ication orimproper maintenance
· or operation by persons Other than CONTRACTOR, Sub-
conta'actors or Suppliers; or
6.30.1.2. normal w'e.~r and tear under normal usage.
6.30.2. CONTRACTOR's obligation to perform and com-
plete the Work in accordance w/rah the Contract Dc~urnents
'shall be absolute. None of the following will constitute an
acceptance of Work that is not in accordance with the
Contract Document~ or a release of CONTRACTOR's obli-
gal/on to perform the Work in accordance w/th the Contract
Documents:
· 6.30.2.1. observations by ENGINEER;
6.30.2.3. recommendation of any progress or fi~al
payment by ENGINEER; ' · '
6.30.2.3. thc issuance or' a c~'tificate of Substantial
Completion or any payment by OWNER to CONTRA/:-.
TOR under the.Contract Documents;
6.30.2.4. u~e or occupancy of the Work or any part
thereof by OWNER;
6.30.2.5. any acceptance by OWNER orany failure to
do so;
6.30.2.6. any review and approval ora Shop Drawing
or Sample submittal or the issuance of a notice of accept-
ability by ENGINEER pursuant to paragraph 14.13;
6.30.2.7. any inspection, test or approval by others; or
6.30.2.8. any correction of defective Work by O W'NER.
Indemnification:
6.31. To the fiallest extent permitted by Laws and Regula-
tions. CONTR~R shall indemnify and hoed harmless
OWNER, ENGINEER, ENGINEER's Consultants and the
officers, directors, employees, agents and other consultants of
each and any of them from and against all claims, costs, losses
and damages (including but not limited to all fees and charges
of engineers, architects, a~torneys a.nd other professionals and
all court or arbitration or other dispute resolution costs) caused
by, arising out of or resulting from the performance of the
Work, provided that any such claim, cost, Joss or damage: (0 is
attributable to bodily injury~ sickness, disease or death, or to
injury to or destruct[on of tangible prope'rtY (other than the
Work itself), including the loss of use resulting therefrom, and
(ii) is caused in whole or in .part by .any negligent act or
omission of CONTRACTOR, any Subcontractor, any Supplier,
any person or organization directly or indirectly employed by
any of them to perform or furnish any of the Work or anyone
for whose acts any of them may be liable, regardless of whether
or not caused in part by any negligence or omission ora person
or entity indemnified hereunder or whether liability is imposed
upon such indemnified party by Laws and Regulations regar~-
less of the negligence of any such person or entity..
6.32. In any and ail claims against OWNER or ENGI-
NEER or any of their respective consultants, agents, officers,
directors or employees by any employee (or the survivor or
personal representative of such employee) of CONTRACTOR,
any Subcontractor, any Supplier, any person or organizal~on
directly or indirectly employed by any of them to perform or
furnish any of the Work, or anyone for whose acts any of them
may be liable, the indemnification obligation under paragraph
6.31 shall not be limited in any way by any limitation on the
a.mount or type of daxnages, compensation or benefits payable
by or for CONTRACTOR or any such Subcontractor, Supplier
or other person or organization under workers' compensation
acts, disability benefit acts or other employee benefit acts.
6.33. The indemnification oblig~.ions of CONTIL~.CTOR
under paragraph 6.31 shall not extend to the liab~ity of ENGI-
NEER and ENGiNEER's Consultants, officers, dirt-:tors,
employees or agents caused by the professional ncgJigence,
errors or omissions of any of them.
· the Contract Documents, as well as all continuing obligations
indicated in the Contract Documenra, will survive final pay-
ment, completion and acceptance of the Work and termination
or completion of the Agreement.
ARTICLE 7---OTHER WORK
Related Wor~ ax S~e:
7. I. OWNER may perform other work related to the
Project at the site by OWNER's own forces, or let other
direct contracts therefor which shall contain General Condi-
tions similar to these, or have other work performed by
utility owners. If the fact that such other work is to be
performed was not noted in the Contract Documents, then:'
(i) written notice thereof will be given to CONTRACTOR
prior to starting any such other work, and (ii) CONTRAC-'
TOR may make a claim therefor as provided in A~ictes I 1
and 12 if CONTRACTOR believes that such performance
will involve additional expense to CONTRACTOR or
quires additional time and the parties are unable to agree as
to the amount or extent thereof.
7.2. CONTRACTOR shall afford each other contractor
who is a party to such a direct contract and each utility
owner (and OWNER, if OWNER is performing the addi-
tional work with OWNER's employees) proper and sa.re
.access to the site and a reasonable opportunity for the
· introduction and storage of materials and equipment and the
execution of such other work and shall properly connect mad
.coordinate the Work with theirs. Unless otherwise provided
in the Contrac. t Documents, CONTRACTOR shall do all
cutting, fitting and patching of the Work that may be required
to make its several parts come together properly and inte-
· grote with such other work. CONTRACTOR shall not en-
danger any work of others by cutting, excavating or other-
wise altering their work and will only cut or alter their work
with the written consent of ENGINEER and th~'others' '
whose work will be affected. The duties and responsibilities
of'CONTRACTOR under this paragraph are for the benefit of
such utility owners and other contractors to the extent that
there are comparable provisions for the benefit of' CON-
TRACTOR in said direct contracts between OWNER and
such utility owners and other contractors.
7.3. If the proper execution or results of any part off
C0NTRACI'OR's Work depends upon 'work performed by
'others under this A~cle 7, CONTRAC-I'OR shall inspect s. uch
other work and promptly report to ENGINEER in writing any
delays, detects or deficiencies in ~uch other work that render it
unavailable or unsuitable for the proper execution and results
of CONTRACTOR's Work. CONTRACTOR's failure so I:o
report will constitute an acceptance of such other work as fit
and proper for integration with CONTRACTOR's Work except
for kent or uonapparent detects and deficiencies in such other
work.
Coordina~a:
7.4. If OWNER contracts with others for the perforLn~nce
of other work on the Project at the site, the following will be set
forth in Supplements~ Conditions:
7.4. I. the person, firm or corpor'~on who will have
authority and respons~ility for coordination of the activities
among the various prime contractors w~l be identified;
7.4.2. ' the specific matters to be covered by such.author-
ity and responsibility will be itemized; and
7.4.3. the extent of' Such authority and respons~ilities
w~l be provided. -"
Unless other'wise provided in the Supplementary Condi-
tions, OWNER shall have sole authority and respons~ility in
respect of such coordination.
ARTICLE 8--OWNER'S RESPONSIBILITIES
8.1. Except as otherWise provided in these General Condi-
tions, OWNER shall issue ali communications to CONTRAC-
TOR through ENGINEER.
8.2. 'In c~se of termination of the employment of ENGI-
NEER, OWNER shall appoint an engineer against whom
CONTR.ACTOR makes no reasonable objection, whose status
under the Contract Documents shall be that of the former
ENGINEER.
8.3. OWNER shall furnish the dam required of' OWNER
under the Contract Documents promptly and shall make pay-
merits to CONTRACTOR promptly'when, they are due as
provided in par~raphs 14.4 and 14.13.
8.4. OWNER's duties in respect of providing lands and
e~sements and providing engineering surveys to establish ret-
erence points ar~ set forth in paragraphs 4.1 and 4.4. Paragraph
4.2 refers to OWNER's identifying and making avm'lable to
CONTRAL'TOR copies of reports of explorations and tests of
subsurface conditions at the site and drawings of physical
conditions in existing structures at or contiguous to the site tha~
have been utilized by ENGINEER in preparing the Contract
Documents.
8.5. OWNER's respons~ilities in respect of pur~h, asing
and maintaining liability and property insurance are set forth in
lraragraphs 5.5 through 5.10.
8.6. OWNER is obligated to execute Change Orders
indicated in paragr'Aoh I0.4.
8.7. OWNER's respons~flity in respec, t of certain inspec-
tions, tests and approvals is set forth in par-agr~h 13.4..
8.8. In connection with OWNER's ~ight to stop Work or
suspend Work, see paragraphs 13.10 and I$.1. Paragraph 15.2
deals with OWNER's fight to termJrrate services off CON-
TRACTOR under certain circumstances. ,'
8.9. The OWNER 'shall not supervise, direct or have
~n~rol or authority over, nor be r~spo~le for, CONTRAC-
TOR's means, methods, tochnicluea, sequences or procedures
nfconstruc:/on or the safety precautions and programs incident
thereto, or for any Failure o[' CONTRA~R to comply with
Laws and Regulations applicable to the furnishing or perfor-
mance of the Work. OWNER w~l not be responsible for
CONTRACTOR's failure to perform or furnish the Work in
accordance with the Conwact Documents.
8.10. OWNER'S respons~ility in respe~:t o~' undisclosed
Asbestos, PCBs, Petroleum. Hazardous Waste or Radioactive
Maleriais uncovered or revealed at the site is set forth in
paragraph 4.$.
8.11. It' and to the extent OWNER has a~eed to furnish
CONTRACTOR reasonable evidcnce that financial arrange.
meats have been made to satisfy OWNER's obligations under .
the Contract Documents, OWNER's responsibility in respect
thereat' will be as set forth in the Supplementary Conditions.
observations of CONTRACTOR's Work'ENGINEER will not
supervise, direct, control or have authority over or be respon-
s~te for CONTRACTOR's means, methods, techniques, se-
quences or procedures of construction, or the safety pr~:au-
lions and programs incident thereto, or for any failure of
CONTRACTOR to comply with Laws and Regulations appli-
cable to the furnishing or performance of the Work.
P~jec~ Reg~e=ent~ffve:
9.3. If OWNER and ENGINEER agree,.ENGINEER va'Il
furnish a Resident Project Representative to assist ENGI-
NEER in providing more continuous observation of the Work;
The responsibilities and authority and limitations thereon of
any such Resident Project Representative and a-nsistants will be
as provided in paragraph 9.13 and in the Supplementary
Conditions. If OWNER designates another representative or
agent to represent OWNER at the site who is not ENGI-
NEER's Consultant, agent or employee, the responsibilities
and authority and limitations thereon orr such other person will
be as provided in the Supplementary Conditions.
ARTICLE 9---ENGINEER'S STATUS DURING
CONSTRUCTION
OWNER,s Regr~entative:
9.1. ENGINEER will be OWNER's representative dulling
the construction period. The duties and respons~ilities and. the
limitations or' authority of' ENGINEER as OWNER's repre-
sentative during construction are set forth in the Contract
l:k2curncnts and shall not be extended without written consent
of QWNER and ENGINEER.
V'=i= to See:
9.2. ENGINEER vail make visits to the* site at intervals
appropriate to the various stages of construction aa ENGI-
. . .. "NEER decrns necessary in order to observe aa an expe-HenCed
and qualified design professional the progress that has be~n
made and the quality of the various aspects of CONTRAC-
TOWs executed Work. Based on information obtained during
·. such visits and observations, ENGINEER will endeavor for
the benefit of' OWNER to determine, in general, if the Work
procc~ing in accordance with the Contract Documents.
GINEER will not be required to make exhaustive or continu-
ous 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 va'Il conform generally to the Contract Documents. On
Ibc basis orsuch visits and on-site observations, ENGINEER
will ke~p OWNER informed of the progress of the Work and
will endeavor to guard OWNER against, defective Work. EN-
GINEER's visits and on-site observations ar~ subject to all the
limitations on ENGINEER's authority and respensibility set
forth in paragz-aph 9.13, and particul'ady, but without limitation,
during or as a result 0{' ENGINEER's on-site visits or
9.4. ENGINEER will issue' with reasonable promptness
such written clarifications or interpretations of the require-
meats o[' the Contract Documents (in the form of Drawings or
otherwise) aa ENGINEER may determine necessary, which
shall be consistent with the intent of and reasonably inferable
from Contract Documents. Such written clarifications and
interpretations will be binding on OWNER and CONTRAC-
TOR. If OWNER or CONTR~a, CTOR believes that a wrkten
clarification or interpretation justifies an adjustment in the
Contract Price or the Contract Times and the parties are unable
to agree to the amount or extent thereof, W any, OWNER or
CONTRACTOR may make a written claim therefor aa pro-
vided in Article 11 or Article 12.
Authori~d' Variation~ in Work:
9.5. ENGINEER may authorize minor variations in the
Work imm the requirements of the Contract Documents which
do not involve an adjustment in the Contract Price or the
Contract Times and are compatible with the design concept of'
the completed Project aa a functioning whole as indicated by
the Contract Documental 'These may be accomplished by a
Held Order' and will be binding on OWNER and also on
CONTRACTOR who shall perform the Work involved pro. mpdy.
If OWNER or CONTRACTOR believes that a Field Order
justifies an adjustment in the Contract Price or the Contract
Times and the parties am unable to agree aa to the amount or
extent thereof', OWNER or CONTRACTOR may make. a.
written claim therefor aa provided in Article I I or 12.
Rejecting Defective Work:
9.6. ENGINEER will have authority to disapprove o~'
reject Work which ENGINEER belie.yes to be defective, or
tha~'ENG[NEER believes w~ll not produce a completed Project
thai conforms to the Contract Documents or that will prejudice
the integrity of' the design concept of' the completed 'Project. as
a functioning whole as indicated by the Contract Documents.
ENGINEER will also have authority to require special inspec-
tion or testing of the Work as provided in par'apr-apb 13.9,
whether or not the Work is fabricated, installed or completed.
Drawings, Change Order~ and Payments:
9.7. In connection with ENGINEER's authority as to
Shop Drawings and Samples, see par'~r~phs.6.24 through 6.28
inclusive.
9.8. In connection with ENGINEER's authority as to
Change Orders, see Articles I0, I I, and 12.
9.9. In connection with ENGINEER's authority as to
Applications for Payment, see Article 14.
Determinations for Unit Prices:
9.[0. ENGINEER will determine the actual quantities and
classifications of Unit Price Work performed by CONTRAC-
TOR. ENGINEER will review with CONTRACTOR the EN-
GINEER's preliminary determinations on such matters bet'om
rendering a written decision thereon (by recommendation of an
.Application for Payment or otherwise). ENGiNEER's written
decision thereon will be final and binding upon OWNER and
CONTRACTOR, unless, within ten days after the date of any
such decision, either OWNER or CONTRACTOR delivers to
the other and to ENGINEER written'notice of intention to
appeal from ENGINEER's decision and: (ii an appeal from
ENGINEER's decision is taken within the time limits and in
accordance with the procedures set forth in Exhibit GC-A.
."Dispute Resolution Agreement," entered into between
OWNER and CONTRACTOR pursuant to Article 16, or (is') if
no such Dispute Resolution Agreement has been entered into,
a formal proceeding is instituted by the appealing party in a
forum of competent jurisdiction to exercise suzh right: or
remedies as the appealing party may have with respect to
ENGINEER's decision, unless otherwise agreed in writing by
OWNER and CONTRACTOR. Such appeal will not be subject
to the procedures of paragraph 9. I I.
to ENGINEER and the other party to the Agreement promptly
(but in no event later than thirty days) after the start of the -
occurrence or event giving rise thereto, and written supporting
data w~l be submitted to ENGINEER and the other party
within sixty days after the start of such occurrence or event
unless ENGINEER allows an additional period of time for the
submission of additional or more accurate data in support of
such claim, dispute or other matter. The opposing party shall
submit any response to ENGINEER and the claimant within
thirty days after receipt of the claimant's last submittal (unless
ENGINEER allows additional time). ENGINEER will render
a formal decision in writing within thirty days after receipt of
the opposing party's submittal, if any, in accordance with this
paragraph. ENGINEER's written decision on such claim,
dispute or other matter will be final and binding upon OWNER
and CONTRACTOR unless: (ii an appeal from ENGINEER's
decision is taken within the time limits and in accordance with
the procedures set forth in EXHIBIT GC-A, "Dispute R~so--
lution Agreement," entered into between OWNER and CON-
TRACTOR pursuant to Article 16, or (ii) if no such Dispute
Resolution Agreement has been entered into, a written notice
of intention to appeal from ENGINEER's writ'ten decision, is
delivered by OWNER or CONTRACTOR to the other ~nd to
ENGINEER within thirty days after the date of such decision
and a formal proceeding is instituted by the appealing party in
a forum of competent jurisdiction to exercise such rights or
remedies as the appealing party may have with respect to such
claim, dispute or other matter in accordance with applicable
Laws and Regulations within sixty days of the date off such
decision, unless otherwise agreed in writing by OWNER and
CONTRACTOR. ' '
9.12. When functioning as interpr&er and judge under'
paragraphs 9.10 and 9. I 1, ENGINEER will not show partiality
to OWNER or CONTRACTOR and will not be 'liable in
connection with any interpretation or decision rendered in
good faith in such capacity. The rendering of a decision by.
ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect
to any such claim, dispute or other matter (except any which
have been waived by the making or acceptance of final
payment as provided in paragraph 14.15) will be a condition
precedent to any exercise by OWNER or CONTRACTOR of
such rights or remedies as either may otherwise have under the
Contract Documents or by Laws or Regulations in respect of
any such claim, dispute or other matter pursuant to Article 16.
~edsions on Disputes:
9.11. ENGINEER will be the inidal interpreter of the
requirements of the Contract Documents and judge of the
aczeptability of' the Work thereunder. Claims. disputes and
°ther 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 ~1
Claims under Articles I I and 12 in respect of changes in the
Contract Price or Contract Times will be referred initially to
ENGINEER in writing with a request ['or a formal decision in.
accordance with this pa(a. graph. Written notice of' each such.
claim, dispute or other matter will be delivered by the claimant
9,13. Li, m;t,,inns on F~YGbYEER's A~ority ~. Re~pondbili~:
9.13.1. Neither ENGINEER's 'authority or respohs~l-
ity under this Article 9 or under any other provision o[' the i.
Contract. Documents nor any decision made by ENGINEER-:
in good faith either to exercise'of not exercise such authority
or responsibility or the undertaking, exercise or performance.
of any authority or responsibility by ENGINEER shall.
create, impose orgive rise to any duty owed by ENGINEER
to CONTRACTOR, any Subcontractor, any Supplier, any
other person or organization, or to any su.rety for or em-'
pk)yee or agent 6f. any of them.
9. I3.2. ENGINEER will not supervLs~, dlr~ct, co&~rol
or hav~ ~oH~ ov~ or ~ ~la for
~R's m~s, me~s, technique, s~uen~ or p~-
du~ of cons~on, or ~e ~ety p~dons and p~
~s incident ~emto, or for ~y ~Yure of CON~R
to ~mply ~ ~ws and Repletions appli~ie m ~e
~shing or peffo~ce of the Wo~. ENGINEER ~I not
~ r~ns~le rot CO~~R's f~lure to peffo~ or
~ish the Work in accord~ce wi~ ~e Con,ct
men~.
19.13.3. ENGINEER w~l no't be respons~le for the acts
or omisgions Of CONTRAC'I~R or of any Subcontractor,
any Supplier, or of any other person or 0~i~Hoo pe~o~-
lng or ~mish~ng ~y of the Wo~.
9.13.4. ENGINEER's revfew of the final Appli~6on for
~yment and accomp~ylng documentation ~d all m~nte-
· hence ~d ope~dng f~ctions, schedul~, ~nt~,
~nds and cenifi~tes of insp~on, tests ~d app~vals ~d
O~er d~umen~on ~qu~ to be deEvered by pa~h
14.12 will only be to dete~ine ge~e~iy t~ their content
compli~ with the ~u~ments of, and in ~e ~e of
certificates of insp~tions, ~sts ~d app~v~s ~at ~e.
~u]~ ce~Hed ind~te compH~ce with, the Contract ~-
umen~.
9.13.5. The limitations upon authority and resp°ns~iIity
set forth ~n this parag~ph 9. I3 shall also apply to ENGI-
NEER's Consultants, Resident Project Representative and
assistanLs.
10.4. OWNER and CONTRACTOR shall execute appro-
pr'late Change Order~ recommended by ENGINEER (or Writ-
ten Amendments) covering:
10.4. I. changes in thc Work which are (i) ordered by
OWNER pursuant to paragraph I0. I, (i~ required because of
acceptance of. defective Wock under paragraph 13.13 or
correcting atefect£ve Work under paragraph I3.14. or (iii)
agreed to by the par~es;
10.4.2. changes in the Contra'ct Price or Contract Times
w~{ich are agreed to by the. parties; and .
10.4.3.. changes in the Contract Price or Contract Times
which embody the substance of any wr/tten decision ren~
dered by ENGINEER pursuant to paragraph 9.1 I;
provided that. in lieu of executing any such Change Order, an
appeal may be taken from any such decision in accordance
with the provisions of the Contract Documents and applicable
Laws and Regulations, but during any such appeal, CON-
TRACTOR shall carry on the Work and adhere to the progress
schedule as provided in paragraph 6.29..... ...
· 10.5. ' If notice ofany change affecting the general ~cope of
the Work or the provisions of the Contract Documents (includ-
ing, but not limited to, Contract Price or Contract Times) is
required by the provisions of'any Bond to be given to a surety;
the giving of'any such notice will be CONTRACTOR's respon-
sibility, and the amgunt of each applicable Bond will be
adjusted accordingly.
ARTICLE t0--CHANGES IN THE WORK
ARTICLE ! l--CHANGE OF CONTIL~CT PRICE
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.
Such additions, dele. tions or revisions will be authorized by
a. Written Amendment,"a Change Order, or a Work Change
Directive. ·Upon receipt of any such document, CONTRAC-
TOR shall promptly proceed with the Work involveG' which
will be performed under the applicable conditions of the
Contract Documents (except as otherwise specifically pro-
vided). '
10.2. If OWNER and CONTRAC"~R are Unable to igree
as to the extent, if any, of'an adjustment in the Contract Price
or an adjustment of the Contract Times that should be allowed
aa a result of a Work Change Directive, a claim may be made
therefor as provided in Article I 1 or Article 12. :
10.3. CONTRACTOR sha~l not b~ ~ntitled to an increase in
the Contract PHce or an extension of the Contract Times with
respect io any Work performed that is not required bi' the'
Contract Documents as amended, modified and supplemented
as provided in paragraphs 3.5 and 3.6 except in the case oran
emergency as provided in paragraph 6.~ or in the case of
uncovering Work as provided in paragraph 13.9.
Il. I. The Conwact Price constitutes 'the total compensa-
t. ion (subject to authorized adjustments) payable to .CON-
TRACTOR for performing the Work. Ail 4uties, responsibili-
ties and obligations assigned to orundertaken by CONTRAC'I~) R
shall be at CONTRACTOR's expense without change in the
Contract Price.
I ! .2. The Contract Price may only be changed by a Change
Order or by a Written Amendment. Any claim for an adjust-
ment in the Contract Price shall be baaed on written notice-
delivered by the party making the claim to the other party and
to ENGINEER promptly (but in no event later than thiw/
day. s) after the start orthe occu~nce oF event glv[ng rise to the'
claim and stating the general nature of the claim. Notice of the
amount of' the claim with supporting data shall be delivered
within sixty days after the start of' such occurrence or event
(unless ENGINEER allows additional time for claimant to
submit additional or more accurate data in support of.the claim)
and shall be accompanied by claimant's' Written statement tha~
the adjustment claimed covers all known amounts to which the
claimant is entided as a result of said occurrence or event. All
'claims for adjustment in the Contract Price shall be'determined
by ENGINEER in accordance with paragraph 9.11 ir'owNER
and CONTRACTOR cannot otherwise agr~ on the amo.u'n~
involv, ed. No claim t'or an adjustment in the Contract Price'
be valid if not. submitted in accordanc~ with this paragraph
11.3. The value of any Work covered by a Change Order o'r
of any claim for an adjus~nent in the Contract Price will be
de~rrnined as foilows:
· 11.3.1. where the Work involved is covered by unit
prices confined in the Contract Documents, by applicalion
of such unit prices to the quantities-of, the items involved
(subject to the provisions of' pal-agraphs 11.9.1 through
! !.9.3, inclusive);
11.3.2. where the Work involved is not covered by unit
prices contained in the Contract Documents, by a mutually
agreed lump sum (which may include an allowance for
overhead and profit not necessan']y in accordance with
paragraph 11,6.2);
I 1.3.3. where the Work involved is not covered by unit
prices contained in the Contract Documents and agreement
to a lump sum is not reached under paragraph I 1.3.2, on the
basis of the Cost of the Work (determined as provided in
paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for
overhead and profit (determined a~ provided in paragraph
I 1.6).
I 1.4. The term Cost of. t~e Work means the sum of all cos~ '..'
nece,~="uu'ly incurred and paid by CONTRACI'OR in the proper
pert'ormance of. the Work. Except a.s otherwise may be agreed
to in wHdng by OWNER, Such costs shall be in amounts no
higher than those prevailing in the locality of the Project, shall
include only the following items and shall not include any of the
costs itemized in paragraph ! 1.5:
11.4. I. Payroll costs for employees in the direct empk)y
of CONTR.A~R in the performance, of the Work under
schedules of'job classifications ~ upon by OWNER and
- CONTRACTOR. Such employees shall include without lim-
itaiion superintendent% foremen and other personnel-em- .-
ployed full- time at the site. 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 :o, salaries and wages plus the
cost of fringe benefits which shall 'include social security
contributions, unemployment, excise and payroll taxes, work-
ers' compensation, health and retirement benefits, bonuses,
sick leave, vacalion and holiday pay applicable thereto. The
expenses of performing Work alacer regular working hours,
' on Saturday, Sunday or legal holidays, shall be included in
the above to the extent authorized by OWNI~R. '"
11.4.2. Cost of all materials and equipment furnished and
incorporaied in the Work, including costs of transportation '~
and storage thereof', and Suppliers' field services required in ' '
connection therewith. All cash discounts shall accrue to .'--
CO~R unless OWNER deposits funds with CON-'
TRACTOR with which to make payments, in Which case the"
cash. discounts shall accrue to OWNER. Ail trade discounts,
rebaies and refunds and returns from sale of surplus maleri-
als and equipment shall accrue to OWNER, and CON-
TRACTOR shall make provisions so thai they may be
obtained.
11.4.3. Payments made by CONTRACTOR to the Sub-
contractor~ for Work performed or furnished by Subcontrac-
tors. If required by OWNER, CONTRACTOR shall obtain
competitive bids from subcontractor~ acceptable to OWNER
and CONTRACTOR and shall deliver such bids to OWNER
who will then determ/ne, with the advice of. ENGINEER,
which bids, if any, will be accepted. If' any subcontract
provides that the Subcontractor is to be paid on the basis o/'
Cost of'the Work Plus a fee, the Subcontractor's Cost of the
Work and fee shall be determined in the same manner a.s
CONTRACTOR's Cost of. the Work and fee as provided'in
l:~a~ag~phs I 1.4, I 1.5, ! 1.6 and 11.7. Ail subcontracts shal!
be subject to the other provisions oft. he Contract Documents
insofar a~ applicable.
11.4.4. Costs of special co. nsultanLs (including but not
limited to engineers, architects, testing laboratories,' survey-
ors, aRomeys and accountants) employed for services spe-
cifically relaied to the Work. ' '.
11.4.5. Supplemental costs including the following:
11.4.5. I. The proportion of necessary transportation,
travel and Subsistence expenses of C0~TRACTOR's em-
ployees incurred in discharge o['duties connected with the
Work.
11.4.5.2. Cost, including transportation and mainte-
nance, of. ail materials, supplies,, equipment, mac,hinery,
appliances, office and tempo .r.~ry facilities .at the site and ·
hand tools not owned by the workers, which are con-..
sumed in the performance or' the Work, and cost less
market value of such items used but not consumed which
remain the property of CONTRACTOR.
I I.4.§.3. Renta. ls of. all construe:ion equipment an~i
machinery and the parts thereof, whether rented from
CONTRACTOR or others in accordance with rental agree-
ments approved by OWNER with the advice of ENGI-
NEER, and the costs of. transport~on, loading, unload-
ing, installation, dismantling and removal thereof.--all in
accordahce wi.th the terms o~' said rental agreements. The
rental of. any such equipment, machinery or pa/ts shall .
cease when the use thereof is no longer necessary for the
Work.
i 1.4.5.4. Sales, consumer, use or similar taxes related
to the Wo&, and foe which CON'IRACIOR is l~ble,
imposed by Laws and Regulations. ' -~
I 1.4.5.5. Deposits lost for causes other than
gence of. CONTRACTOR, any Subcontractor or anyone
directly or indirectly .employed by any off them or
whose acts any ot~ them may be liable, and royalty
payments and f'e~s t'or permits and licenses.
. ! 1.4.5.6. Losses and damages (and rctat~l expenses)
caused by dama&e to the Work, not compensazed by
insurance or otherwise, susta./ned by- CONTRACTOR in
connec:~on with t.~e performance and ~rnishing OF' the
Work (except losses and damages within the deducaible
amounts or'property insurance established by OWN!~R in
accordance with paragraph $.9), provided they have
suited from causes other than the negJigence or' CON-
TRACTOR, any Subcontractor, or anyone directly or
indirectly employed by any or' them or for whose acts any
ot' them may be liable. Such losses shall include settle-
merits made with the written consent and approval, or
OWNER. No such losses, damages and expenses shall be
included in the Cost of the Work for the purpose of
determining CONTRAC'I~R's fee. if, however, an>, such
loss or damage requires reconstruction and CONTRAC-
TOR is placed in charge thereof, CONTRACTOR shall be
paid for services a fee proportionate to thai stated in
paragraph ! 1.6.2.
· I 1.4.$.7. The cost of utilities, fuel and sanitary faro'Ii-
ties az the site.
i 1.4.5.8. Minor expenses such as telegrams, long dis-
tance telephone calls, telephone service at the site, ex-
pres.~ge and similar petty cash items in connection with
the Work.
11.4.5.9. Cost of premlums'for addid'onal Bonds and
insurance required because of changes in the Work.
! !.5. The term Cost of the Work shall not include any of
the fallowing:.
! !.5. I. Payroll costs and other compensation of CON-
TRACTOR's officers, executives, principals (or' partnership
and sole proprietorships), general managers, engin~rs, ar-
chitects, esfimazors, azr~rneys, auditors, accountants, pur-
chasing anld contracting agents, expediters, timekeepers,
clerks and other personne~ employed by CONTRACTOR'
whether at the site or in CONTRAC'I~R's pr/nc/pal o; a
branch office for generaI administrmion of'the Work and not
specifically included in the agreed upon schedule Of job
classifications referred to in parag~ph i 1.4.1 or specifically
covered by par-aa~aph I 1.4.4--ali of which are to be..9onsfd-.
eyed adrninistrafi,~e costs covered by the CONTRACIDR's
fee.
il.5.2. Expenses ~t' CONTR. A'CTOR's pdncipa~ and
branch offices other than C0 NTRACTOR's office at the site.
!1.~.3. Any part of CONTRACTOR's capital expenses,
including interest on CONTRAC'I~R's capital employed t'or
the Work and charges a~nst CONTRACI~R for detln-'
quent payments.
· 11.5.5. Costs due to the negligence of COI~AC.
TOR, any Subconwactor, or anyone directly or indi-
rectly employed by any of'them or for whose acL~ any
of them may be liable, including but not limited to, the
correction of dcfectiv, Work, disposal of materials or
equipment wrongly supplied and making good any
damage to property.
Other overhead orgeneral expense cos~ ofany kind
and the costs ofany item not specifically and expre~ly
included in paragraph 11.4.
11.6. The CONTRACToR,s fee allowed to CONTRAC-
TOR for overhead and profi: shall be de[ermined as follows:
I 1.6. [. a mutually acceptable fixed fee; or
I 1.6.2. if a fixed fee is not agreed upon, then a fee
based on the following percentages of the various
portions of the Cost of the Work:
!1.6.2.1. for costs incurr~ under paragraphs 11.4.[
and 1 [.4.2, the CONTRACTOR's fee shall be fifteen.
percent;
11.6.2.2. for costs incurred under pamgraph'll.4.3,
the CONTRACTOR's fee shall be five percent;
I 1.6.2.3. where one or more tiers o~ subcontracts are
on the basis of Cost of the Work plus a fee and no 5xed fee
is agreed upon, the intent of paragraphs !1.4.1, 11.4.2,
! 1.4.3 and 11.6.2 is that the Subcontractor who actually
performs or furnishes the Work, at whatever tier, will be
pald.a fee ofl~fteen percent of the costs incurred by such
SubcontractOr under paragraphs ! !.4.1 and I 1.4.2 and that
any higher der Subcontractor and 'CONTIL~-TOR will
each be palda fee or'five perce~t of'the amount paid to the '
next lower tier SubcOntractor; · '
11.6.2.,i. no fee shall be payable on [he basis ofcosts
itemized under paragraphs 11.4.4, 11.4.$ and I I.$;
11.6.2.$. the amount ofcredit to be allowed by CON-
TRACTOR to OWNER for any change which results ,:~ a
net decree, se in cost will be the amount of the acttml net
decrease in cost plus a deduction in CON'IT, ACTOR's fee
by an amount equal to five percent of such net decrease;
and
11.5.4. Cost of premiums for all Bonds and for all
insurance whether or not CONTRACTOR is required by the
Contract Documents to purchase ~'nd maintain the same
(except for the co,t or' premiums covered by subparagraph
! 1.4.5.9 above).
[ 1.6.2.6~/ when both a/tditions and credits ar~ involved
in any one change, the adjustment in CONTRA~R's
fee shall be computed on the basis of the net change in
· accordance with paragraphs 11.6.2.1 through 11.6.2_5,
.: inclusive.
...... ! 1.7. Whenever the cost of any Work is to be determined
· :?pursuant to pm-agmphs 11.4 and 11.5, CONTRACTOR wfl!
.-!:establish and maintain records thereof in accordance with
::'~enerall¥ accepted accounting practices and submit in form
~ acceptable to ENGINEER an itemized cbst breakdown to-
:. ~ether with supporting data.
Cash Allowances:
11.8. It is under~tood that CONTRAC'I~R has included in
the Contract Price all allowances so named in the Contract
Documents and shall cause the Work so covered to be fur-
nished and performed for such sums as may be acceptable to
OWNER and ENGINEER. CONTRACTOR agrees that:
11.8. I. the allowances include the cost to CONTRAC-
TOR (less any applicable .trade discounts) of materials and
equipment required by the allowances to be delivered at the
site, and all applicable t~,es.; and
il.8.2. CONTR.ACTOR's costs for unloading and han-
dling 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 allowances
and no demand for additional payment on account of any of
the foregoing will be valid.
PHor to final payment, an appropriate Change Order will be
issued as recommended by ENGINEER to reflect actual
amounts due CONTRACTOR on account of Work covered by
allowances, and the Contract Price shall be correspondingly
adjusted.
11.9. Unit Pric~ Work:
11.9.1. Where the Contract Documents provide that all
or part of the Work is to be Unit Price Work, initially the
Contract Price will be deemed to include ['or all Unit Price
Work an amount equal to the sum of the established unit
price for each separately identified item of Unit Price Work
times the estimated quantity of each item as indicated in the
Agreement. The estimated quantifies of' items of Unit Price
Work aru not guaranteed and are solely for the purpose of
comparison og Bids and determining an initial Contract
Price. Determinations of the actual quantifies and classifica-
tions of Unit Price Work performed by CONTRACTOR wHl
be made by ENGINEER in accordance with paragraph 9.10.
!1.9.2. Each unit price will be deemed to includ~'an'
amount considered by CONTRACTOR to be adequate to
cover CONTRAC'I~R's overhead and profit for each sepa-
rately identified item.
11.93. OWNER or CONTRACTOR may make a claim
for an adjustment in the Contr~:t Price in accordance with
Ankle 11 if:
11.9.3. I. the quantity of any item of Unit Price Work
performed by CONTRACTOR differs materially and sig-
nificantly from the estirr~ted c~uantity of such item indL
cated in the Agreement; and
11.9.3.2. there is no corresponding adjustment with
respect to any other item of Work; and
11.9.33.' ifCONTI~.CTOR believes that CONTRAC-
TOR is entitled to an increase in Contract PHce as a result
of' having incurred additional expense or OWNER be-
lieves that OWNER is endtled to a decrease in Contract
Price and the parties are unable to agree as to the amount '
of any such increase or decrease.
ARTICLE 12--CHANGE OF CONTRa, CT TIMES
12. I. The Contract Times (or Milestones) may only be
changed by a Change Order or a Written Amendment. Any
claim for an adjustment oF the Contract Times (or Milestones)
shall be based on wri~en nodce delivered by the pa~:y making
the claim ~o the other paz'ty and to ENGINEER promptly (but
in no event later than thirty days) afl:er the occurrence of the
event giving rise to the claim and stating the general nature of
the claim. Nodce oF the extent of the claim with supporting
dar~ shall be delivered within sixty days a~er such occurrence
(unles~ ENGINEER allows an additional period of time.to
ascertain more accurate dam in suppor~ of the claim) and sh~l
be accompanied by the claimant's written statement tilt.the
adjusu~ent claimed is the andre adjustment to Which the'
claimant has reason to believe it is entided as a result of the
occurrence og said event. All claims for adjustment in the
Contract Times (or Milestones) shall be determined by ENGI-
NEER in accordance with paragraph 9.11 if OWNER and
COIWYP~CTOR cannot otherwise agree. No claim for an
adjustment in the Contract Times (or Milestones) will be valid
if not submitted in accordance with the requirements of t~s
pa~.gmph 12.1.
12.2. All ti~e limit~ stated in the Contract Documents are
of the essence of the Agreement.
12.3. Vv'here CONTR.ACTOR is p~vcnt~ ~m complet-
ing any p~ or the Wo~ wit~n ~e Con~t Tlm~ (or
Milestones) due ~o delay beyond ~e control of C'O~C-
- TOR, ~e Contact ~m~ (or Milestone) will be extended in ~
~ount e~u~ to ~e ~e lost due ~ such delay · a cI~m is
~de ~e~For ~ provided in p~ph 12.1. ~lays beyond
~e tonal oFCO~~R s~! include, but not be limit~
to, ac~ or ne~t by O~ER, ~ or n~t o~udli~ ownem
or other tone,om pe~o~ng o~er wo~ ~ contemp{~ by
A~cie 7, fi~s, fl~, cpide~, abno~ w~er condi-
dons or ac~ o~ O~. ~tays ~bu~le ~ ~d wi~in ~e
control oF a Su~ontm~or ~S~lier s~l be d~m~ to ~
delays wi~in ~c consol of CORR.
12.4.. Where CONTR~C'I~R Ls prevented ['mm' completo
lng any par: of the Work within the Contract T'unes
Milestones) due to delay beyond the control of both
and CONTRAC-rOR, an extensmn Of th.e Contr~. Times
Milestones) in an amount equ~ to the time lost clue to
delay shall be CONTRAC"I~R s sole and exclusive remedy ~ii~
such delay. In no event shall OWNER be liable to
TOR, any Subcontractor, any Supplier, any other person
organization, or to any surety for or employee or agent ofany
of them, for damages arising out of or re.suiting from (~ delay
caused by or within the control ~f CONTR.iCTOR, or
delays beyond the control of' both parties, including but 'eot
limited to flr~s, floods, epidemics, abnormal weather
tions, acts of God or acts or negtect by utility owner~ or
other contractors performing other work as contemplnr,-,4
ARTICLE I3--TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR
ACCEPTANCE OF OE.n'ffCT/I/ff WORK
13. I. Notice of' De.f'ects: Prompt noiice of all gef.ective
Work of which OWNER or ENGINEER have actual knowl-
edge will be g~ven to CONTRACTOR. Ail defective Work
may be rejected, corrected or accepted as provided in this
Arr. icte 13.
Acce= to Work.-
13.2. OWNER, ENGINEER, ENGINEER's Consulta~ts,
other representatives and personnel of' O~ER, ind~nden/
~dng l~o~des ~d gove~en~ ~enc{~ ~th
~on~ ~n~s~ will have acc~ m ~e Wo~ at r~on~le
for ~eir obse~adon, ins~dng ~d t~ng. CO~~R
s~l pm~de ~em p~r and ~e conditions for such
~d ad~se ~em of CO~~R's site s~ety pm~dums
~d pm~ so th~ they ~y comply ~c~with ~ appli~ie.
Tezt~ and In.vpe~n~:
I3.3. CONTRACTOR shall give ENGINEER timely
rice of r~adiness of the Work for all required inspections, tests
or approvals, and shall cooperate with inspection and :es~ng
personnel to facili~te required inspections or lests.
13.4. OWNER shall employ and pay for the services of an
independent testing ]ab<)ratory to perform all inspections, rescs,
or approvals required by the Contact Documents except: · .
13.4.1. for inspections, tests or approvals covered by
'paragraph 13.$ below;
I3.4.2. Lhat costs incurred in connection with tests or
inspections conducted pursuant to parago--aph 13.9 t~[OW
shall be paid as provided in said paragraph 13.9; and'
13:4.3. a.s otherwise sp~:Lq~ly provided'in the Con-
tract Documents.
13.5. If Laws or Regulations of any public body having
~fi.'~dicdon requir~ any Work Cot Fan thereo0 speci~cally to be
inspected, tested or approved by an employee or other repre-
sentative of such public body, CONTRACTOR shall assume
tull responm'bility for arranging and obtair~ng such inspections,
tests or approvals, pay all costs in connec~n therewith, and
furnLsh ENGINEER the required certificates of.inspection, or
approval. CONTRACTOR shall also be responsible for arrang-
ing and obtaining and shall pay all costs in connection with any
inspections, tests or approvals required for OWNER's and
ENGINEER's acceptance of materials or equipment to be
incorporated in the Work, or of mate6als, mix designs, or
equipment submk:ed for approval prior to CONTRACTOR's
purchase thereof for incorporadon in the Work.
13.6. If any Work (or the work of others) that is to be
inspected, tested or approved is covered by CONTRACTOR
wfthout whiten concurrence of ENGINEER, it must, it re.
quested by ENGINEER, be uncover~ for obse~ation. '
13.7. Uncovering Work as provided in paragraph 13.6 shall
be at CONTRACTOR's exl~nse unless CONTRACTOR has
given ENGINEER timely nodes or CONTRACTOR's inten-
tion to cover the same and ENGINEER has not acted with
reasonable promptness in response to such notice.
Uncovering Work:
I3.8. If any Work [s covered contrary to the written request
of ENGINEER, it must, if requested by ENGINEER, be'
uncovered for ENGINEER's observation and rep[aced 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 re-
quest, shall uncover, expose or otherwise m~ke available.for
observadon, 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 pay all rialtos, costs, losses
· and damages caused by, aHsing.0ut of or resulting from such
uncovering, exposure, observation, inspection and testing and
of satis~ctory replacement or reconstruction (including but not
limited to ali costs of repair or replacement of work of others); .'
and OWNER shall be entitled to an appropriate decrease in t, he"
Contract Price, and, if' the po. nits are unable to agree as' to'the
amount thereof, may make a claim therefor as provided in
Article 11. IL however, such Work is not found to be defective,
CONTRACTOR shall be allowed an increase in the Contract
P6ce or an extension oF the Contract Times (or Milestones), or
both, directly attributable to such uncovering, exposure, ob-
servation, inspection, testing, replacement and reconstruction;
and, i~ r. he parries'are unable to agree ~s ~:o
thereof, CONTRACTOR may make a claim therefor as pro-
vided in Articles I I and 12.-
OWNER Ma~ Stop the Work..
13.10. If the Work is defective, br CONTRACI~R P~ils lo
supply sufficient skilled workers or suitable materials or equip-
meat, or fMI$ to furnish or peffo~ ~ Wo~ in such a way ~at
· e completed Wo~ will co~o~ to the Con,ct ~cumen~,
O~ER may order CON~R to stop ~e Wo~, or~y
po~on ~e~ot, uaE! ~ ~e for such o~er h~ been
eIimi~d; however,' ~is dghr of O~ER to stop the Work ......;
-,bali hoc give rise to any duty on the part of OWNER to
exercise this right for the benefit of CONTRACTOR or any
surety or other party.
Correction or Removal of Defec~ve Work:
13.11. If required by ENGINEER, CONTRACTOR shall
promptly, as directed, either correct all defective Work, whether
or not fabricated, installed or completed, or, if the V~brk has
I:~en rejected by ENGINEER, remove it from the site and
replace it with Work that is not defective. CONTRACTOR shall
pay all claims, costs, losses and damages caused by or resulting
from such correction or removal (including but not limited to all
costs of repair or replacement of work of others).
13.12. Correction Per'~ocL'
13.12.1. If within one year after the date of Substantial
Completion or such longer period of time as may be pre-
scribed by Laws or Regulations or by the terms of any.
applicable special guarantee required by the Contract Doc-
uments or by any specific provision of the Contract Docu-
ments, any Work is found to be defective, CONTRACTOR
shall promptly, without cost to OWNER and in accordance
with OWNER's writ:eh instructions: (D correct such defec-
tive Work, or, if it has been rejected by OWNER, remove it
from the site and replace it with Work that is not defective,
and (iD satisfactorily correct or remove and replace any
damage to other Work or the work of others resulting
therefrom. If CONTRACTOR does not promptly comply
with the terms of such instructions, or in an emergency
where delay would cause serious risk of loss or damage,
OWNER may have the defective Work corrected or the
rejected Work removed and replaced, and alt claims, costs,
losses and damages caused by or resulting from such re-
moval and replacement 0ncluding but not limited to all costs
of repair or replacement of work of others) will be paid by
CONTRACTOR.
13.12.2. In special circumstances where a particular item
of equipment is placed in continuous service befor~ Subs'~n- ·
rial Completion of all thc Work, the correction period for that
item may start to mn from an earlier dnte if so provided in
the Specifications or by Written Amendment.
13.12.3. Where defective Work (and damage to other
Work resulting therefrom) has been corrected, removed or
replaced under this paragraph 13.12, the correction period
hereunder with respect to such Work will be extended for an
additional period of one year after such correction or re-
moval and replacement has been satisfactorily completed.
~cceptance of Defective Work:
13.13. If, instead of requiring con'ection or removal and
' i~placement of defective Work, OWNER (and, prior to ENGI- NEER's recommendation of final payment, also ENGINEER)
. prefers to accept it, OWNER may do-so. CONTRAL"'~R shall .
pay all claims, costs, losses and damages a~ibutable to
OWNER's evaluation of and determination to accept such
defective Work (such costs to be approved by ENGINEER as
to reasonableness). If any such acceptance occur~ prior to
ENGINEER's recommendation of final payment, 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 11. If the acceptance occurs after such recommenda-
tion, an appropriate amount will be paid by CONTRACI~R to
OWNER.
OWNER May Correct Defective Work:
13.14,. If CONTRACTOR fails within a reasonable time
a~er written notice from ENGINEER to correct defective
Work or to remove and replace rejected Work as required by
ENGINEER in accordance with paragraph 13.11, or if CON-
TRACTOR fails to perform the Work in accordance with the
Contract Documents, or if. CONTRACTOR fails to comply.
with any other provision of the Contract Documeflts, OWNER
may, after seven days' written .'notic& to CONTRACTOR,
correct and remedy any such deficiency. In exercising the
righ~ and remedies under this paragraph OWNER Shall pro-
ceed expeditiously. In connection with such corrective and
remedial action, OWNER may exclude CONTRACTOR from
ali o r part of the site, take possession of all or part of the Work,
and suspend CONTR~.CTOR's services related thereto, take
possession of CONTRA.CTOR's tools, appliances, construc-
tion equipment and machinery at the site and incorporate in the
Work all materials and .equipment stored at the site or for which
OWNER has paid CONTRACTOR but which are stored
elsewhere. CONTRACTOR shall allow OWNER. OW~'NER's
representatives, agents and employees, OWNER's other con;
tractors and ENGINEER and ENGINEER's Consultants ac-
cess to the site to enable OWNER to exercise the fights'and
remedies under this paragraph. All claims, costs, losses and
damages incurred or sustained by OWNER in exercising such
rights and remedies will be charged against CONTRACTOR ·
and a Change Order will be issued incorporating the necessary
revisions in the Contract Documents with respect t'o 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 aa
provided in Article I I. Such claims, costs, losses and damages
will include but not be limited to all costs of repair or replace-
ment of work of othem d~troyed or damaged by correction,
removal or replacement of CONTRACTOR's defective Work.
CONTRACTOR shall not be allowed an extension of the
Contract Times (or Milestones) because of any delay in thc
performance of the Work atm'burahle to the exercise by OWNER
of OWNER's rights and remedies hereunder.
ARTICLE 14--PAYMENTS TO CONTRACTOR AND ,;..: .
COMPLETION
Scheft,d,, of Val~: '. · ..'-
14.1. The schedule of values established a.s provided in' ?::' -
paragragh 2.9 will serve as the basis fo.r progress payments and
wiIi be incorporated into a form of Application for Paym&nt
acceptable to ENGINEER. Progress payments on account of.
Unit Price Work will be ba~ed on the number of urfi~ com-
pleted.
for Progre= Payment:
14.2. At least twenty days before the date established for
each progress payment (but not more. often than once' a
month), CONTRACTOR shall submit to ENGINEER
'review an Application for Payment filled out and sig~ed 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 equip-
ment 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 mazerlals and equipment free and
clear of all Liens and evidence that the materials and
equipment are covered by appropriate property insurance
and other arrangements to protect OWNER's interest therein,
all of which w~ll be satisfactory to OWNER. The amount of'
retalnage with respect to progress payments will be'as
stipulated in the Agreement.
CO~RACTOR' s IZ/arnznty of Title:
14.3. coNTRACTOR warrants and guarantees that rifle ~
ail .Work, ma~rials and equ{pmerit covered .by any Applicaffon
- for Payment, whether incorporated in the Project or not, will
pass to OWNER no later thma the time of payment flee aad
clear of' al1 Liens.
Review of Appllcatlon~ for Progre~ Payment..
14.4. ENGINEER will, within ten d~ys after receipt of'
each Application for Payment., either--indicate in writing a
recommendation of payment a,nd present the Application to
OWNER, or return the Applica~on to CONTRACTOR ~di;'
eating in writing ENGINEER's re~ons for refusing to recom-
mend payment. In the latter ca.se, CONTRACTOR may make
the necessary corrections and ~'e~ubmlt the Application. Ten
days a~r presenta~on of the Application for P~yment to
OWNER with ENGINEER's recommend~ion, the amount
recommended will (subject to the provisions of' the last sen-
tence of paragraph 1417) become due and when due will be paid
by OWNER to CONTRA~R.
14.5. ENGINEER's recommenda~on of' any payment re-
quested in an Application for Pa.yment w~l constitute a repre-'
· entation by ENGINEER to OWNER, based on ENGINEER's '
on-sim observations of. the executed Work as an experienced
and qualified design professional cad on ENGINEER's review
of' the Applic~on f.or Payment and the acc,ompany~ng data and
schedules, that to the best of ENGINEER s knowledge, infor-
marion and belief:
14.5.1. the Work has progressed to the point
14.5.2. the quality of the Work is generally in accor-
dance with the Contract Documents (subject to an evalu-
ation of the Work as a functioning whole prior to or upon
Substantial Completion, to the r~ults of any subsequent
tests called for in the Contract DocumenL% to a final
determination of quantities and classifications for Unit
Price Work under paragraph 9. I0, and to any other quali-
fications stated in the recommendation), and
14.5.3. the conditions precedent to CONTRACTOR's
being entitled to such payment appear to have beer~
fulfilled in so far as it is ENGINEER's responsibility to
observe the WOrk.
However. by recommending any such payment ENGINEER
will not thereby be deemed to have represented that:
exhaustive or continuous on-site inspections have been made
to check the quality or the quantity of the Work beyond the
responsibilities specifically a~signed to ENGINEER in the
Contract Document~ or (lO that there may not be other matter~
or issues between the pa~ties that might entitle CONTRAC-
TOR to be paid additionally by OWNER or entitle OW~.ER to
withhold payment to CONTRACTOR.
14.6. ENGINEER's recommendation of any payment, in,
eluding final payment, shall not mean that ENGINEER is
responsible for CONTRACTOR's means, methods, techniques,
seque.nces or procedures of'construction, or the safety precau'
tions and programs incident thereto, or for any failure of
. CONTRACTOR to comply with Laws and Regulations appli-
cable to the furnishing or performance of Work, or for any
· failure of. CONTRACTOR to perform or furnish Work in
accordance with the Contract Documents. ·
14.7. ENGINEER may refuse to recommend the whole or
any part of any payment if, in ENGINEER's opinion, it would
be incorrect to make the representations to OWNER referred
to in paragraph 14.5. ENGINEER may also refuse to recom-
mend any such payment, or, because of subsequently discov-
er~[ evidence or the results of'subsequent inspections or tests,
nullify any such payment previously recommended, to such
extent as may be necessary in ENGINEER's opinion to
protect OWNER fi-om 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 r~luced by Writ-
ten Amendment or Change Order,
14.7.3. OWNER has been required to correct defec-
tive Work or complete Work in accordance with pm-agraph
13.14, or
14.7.4. ENGINEER has actual knowledge of. the oc-
currence of' any of the events enumerated in paragraphs.
15.2.1 through 15.2.4 inclusive.
OWNER may re,use to make payment of' the full amount '
recommended by ENGINEER beck. use: ':
14.7.5. cI~ms have been made n~;nst oWNER on'
account of CONTRACTORs performance or furnishing 0f
the Work,
14.7.6. Liens have been filed in connection with the
Work, except where CONTRACTOR has delivered
specific Bond satisfactory to OWNER to secure the
satisfaction and discharge of such Liens,
ENGINEER in writing prior to ENGINEER's issuing the
definitive certificate of Substantial Completion, ENGINEER's
aforesaid recommendation will be binding o~ OWNER and
CONTtLa. CTOR until final payment.
14.7.7. there are other items entitling OWNER to a
set-off, against the amount recommended, or
14.7.8. OWNER has actual knowledge of the occur-
fence of' any of the events enumerated in paragraphs
14.7.1 through I¢.7.3 or paragraphs 15.2.1 through 15.2.4
inclusive; .
14.9. OWNER shall have the right to exclude CONTRAC-
TOR fram the Work after the date of' Substantial Completion,
but OWNER shall allow CONTRACTOR reasonable acce~ to
complete or correct items on the tentative list.
Partial U~n:
but OWNER must 8/ye CONTtL-XCTOR immediate written
notice (with a copy to ENGINEER} stating the reasons for
such action and promptly pay CONTRACTOR the amount so
withheld, or any adjustment thereto agreed to by OWNER and
CONTR.ACTOR, when CONTRACTOR corrects to OWN-
ER's satisfaction the reasons for such action.
Completion:
14.8. When CONTRACTOR considers the entire Work
ready for its intended use CONTRACTOR shall notify oWNER
and ENGINEER in writing that the entire Work is substantially
complete (except for items specifically listed by CONT1LatC-
TOR as incomplete) and request that ENGINEER issue a
certificate of Substantial Completion. Within a reasonable time
thereat'ret, OWNER, CONTI~ACTOR and ENGINEER shall
make an inspection of the Work to determine the status of
completion. If ENGINEER does not consider the Work sub-
stantially complete, ENGINEER will notify CONTRACTOR
in writing giving the reasons therefor. If ENGINEER considers ' ·
the Work substantially complete, ENGINEER wiIl prepare and
deliver to OWNER a tentative certificate of Substantial Com-
pletion which shall fix the date of' Substantial Completion.
There shall be attached to the certificate a tentative list of items
to be completed or corrected 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 objections, ENGINEER concludes tha~ the "
'Work is not substantially complete, ENGINEER will within ·
fourteen days after submission of the tentative certificate to
OWNER notify CONTRACTOR in writing, stating the reasons .
therefor. If, after consideration of OWNER's objections, EN-'... ·
G[NEER considers the Work substantially complete, ENGI-
NEER will within said fourteen days execute and deliver to
OWNER and CONTRACTOR a definitive certificate of Sub-
stantial Completion (with a revised tentative list of items to be' ..
completed or corrected) reflecting such changes from the.
.tentative certificate aa ENGINEER believes justified after- ...-.;.-
consideration or'any objections from OWNER. At the time off'. ,.'
delivery of the tentative certificate of Substantial Completion' i~..'.
14.10. Use by OWNER at OWNER's option of any sub- ..
stantially completed part of the Work which: (i) has specifically
l~en identified in the Contract Documents, or (ii) OWNER,
ENGINEER and CONTRACTOR agree constitutes a sepa-
rately functioning and usable pact of the Work that can be used
by OWNER for its intended purpose without significant inter-
ference with CONTRACTOR's performance of the remainder
of the Work, may be accomplished prior to Substantial Com-
pletion of' all the Work subject to the following:
14.10. t. OWNER at any time may request CON-
TRACTOR in writing to permit OWNER to use a/3. y such
part of' the Work which OWNER believes to be ready for
its intended use and substantially complele. If CON-
TRAC'-f'OR agrees that such pm'~ of the Work is substan-
tially comple:e, CONTRACTOR will certify to OWNER
and ENGINEER that such part of the Work is substan-
tially complete and request ENGINEER to issue a cern-
irate of Substantial Completion .for that part of the Work.
CONTRACTOR at any time may notify OWNER and
ENGINEER in writing that CONTRACTOR considers
any such part of the Work ready for its intended use and
substantially complete and request ENGINE ER to issue a
certificate of Substantial Com. pl~:'tion for that part Of the '
Work. Within a reasonable time alter either such request,.
OWNER. CONTRACTOR and ENGINEER shall make
an inspection 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, ENGI-
NEER will notify OWNER and CONTRACTOR in writ-
ing giving the reasons therefor. If ENGINEER considers
that part of the Work to be substantially complete, the
provisions of paragraphs 14.8 and 14.9 will apply with
respect to ce~fication of. Substantial' Completion of that
part of the Work and the division of responsibility ia
respect thereof and access thereto. ' :
14.10.2. No occupancy or separate operation of part
of the Work will be accomplished prior to compliance with
the requirements o~' paragraph 5.15 in respect of property
insure'ICe.
ENGINEER wBl deliver to OWNER and CONTRACTOR a" Final In,wecEan: ·
written recommendation as to division of responsibilities pend-".;" '
lng final payment between OWNER and CONTRACTOR With '- . 14.1 I. Upon written notice from CONTRAC'I~R that the'
respect to security, operation, safety, maintenance, heat, utili-., entire Work or an agreed portion thereof is complete, ENGI-
ties, insurance and Warranties and guarantees. Unless OWNER {. ' NEER will make a final inspection with OWNER and CON-,-..-'
and CONTRACTOR agree otherwise in writing and so inform .. TRACTOR and will notify CONTRACTOR in writing of.al, l..
particulars in which this inspection reveals that the .Work is
incomplete or defective. CONTRACTOR shall immediately
take such measures as are necessary to complete such Work or
remedy such deficiencies.
Final Application for Payment..
14.]2. After CONTRACTOR has completed all such cor-
rections to the satisfaction of ENGINEER and delivered in
accordance with the Contract Documents all maintenance and
operating instructions, schedules, guarantees, Bonds, certifl-'
cares or other evidence of' insurance required by paragraph 5.4,
certificates of' inspection, marked:up record documents (as
provided in paragraph 6.19) and other documents, CONTR, AC-
TOR may make application for final payment following .the
procedure for progress payments. The final Application 'for
Payment shall be accompanied (except a~ previously delivered)
by: (D all documentation called for in ~he Contract Documents,
including but not limited to the evidence of insurance required
by subparagraph 5.4.13, (ii) consent of the surety, if any, to final
payment, and (iiD complete and legally effective releases or
waivers (saiiafactory to OWNER} of.all Liens arising out of.or
filed in connection with the Work. In lieu of' such rele.~es or
waivers of Liens and as approved by OWNER, CONTRAC-
TOR may furnish receipts or releases in full and an affidavit of'
CONTRACTOR that: (D the releases and receipts include all
labor, services, material and equipment for which a Lien could
be filed, and (iD all payrolls, material and equipment biils and
otherindebtedness connected with r~e Work for which OWNER
or OWNER's property might in any way be responsible have
been paid or otherwise sadsfed. If' any Subcontractor or
Supplier fails to furnish such a release or receipt in full,
CONTRACTOR may furnish a Bond or other collateral sat~s-
factory to OWNER to indemnify OWNER against any Lien.
Final Payment and Acceptance:
I4.13. If, on the basis of ENGINEER's observation of.the
Work during construction and final inspection, and ENGI-
NEER's review of the final Application for Payment and
accompan~'ing documentation as required by the ConI:m~
' Ekx:uments, ENGINEER ia satisfied that the Worla~has been
completed and CONTR~.CTOR's other obligations under the
· . Contract Documents have been fulfilled, ENGINEER wffl, .
-.'" ..' within t~n days. a~er receipt of the final Application for
Payment, indicate in writing ENGINEER's recommendation
Of payment and present the Application to OWNER for pay-
' ment. At the same lime ENGINEER will also give written
-' notice to OWNER and CONTRACTOR thai the Work is
· acceptable subject to ~he provisions of paragraph 14. I$. Otb-
- erwise, ENGINEER will return the Application to 'CON-.:
· :.: ~;.ii'" TRACTOR, indicaZing in writing the reasons for refusing to -
',,f. . · . . recommend final payment, in which case CONTRACTOR shall -
make the necessary corrections and resubmit the Application-'
i . .i~: '" Thirty days al~er he presentation to OWNER of the Applica-
. . '. i tion and accompanying documentation, in appropriate form
J : . .. 'and substance and with ENGINEER's recommendation and
i'- .:-.:': ;..~... notice of acceptability, the amount recommended by ENGI-
' .:'"':'.i '... NEER will become due and will be paid by OWNER to
CO~R.
14.14. IL through no fault of CONTRACTOR, final com-
pletion or' the Work is sigriificanfly delayed and if ENGINEER
so confirms, OWNER shall, upon receipt of CONTRACTOR's
final Application for Payment and recommendation of ENGI-
NEER, and without terminating the Agreement, make pay-
ment of the balance due for that portion of the Work fully
comp[cecal and accepted. If the remaining balance to be held'by
OWNER for Work not fully completed or corrected is le.s~ than
the retainag~ stipulated in the Agreement, and if Bonds have
been furnished as required in paragraph 5,1, the written con-
sent of the surety to the payment of the balance due for that
portion oB the Work fully completed and accepted shall be
submit:ed by CONTR~R to ENGINEER with the Appli-
cation for such payment. Such payment shall be made under
the terms and conditions governing final payment, except that
it shall not cons:kute a waiver of claims.
Waiver of CZairn~:
14.15. The making and acceptance of final payment will
constitute:
14.15.1. a waiver of all claims by OWNER against
CONTRACTOR, except claims arising from unsettled Liens,
from defective Work appearin~"al~er final inspection pursu-
ant to paragraph 14.11,-from failure to comply with the
Contract Documents or the terms of any special guarantees
specified therein, or from CONTRACTOR's continuing ob-
ligations under the Contract Documents; and
14.15.2. a waiverof.all claims by CONTRACTOR against
OWNER other than those previously made in writing and
still unsexed.
ARTICLE 15--,SUSPENSION OF WORK AND
TERMINATION
OWNER May St~r~t Work:
.. , following events:
15. I. At any time and without cause, OWNER may sus-
pend the Work or any portion thereof for a period of not mom
than ninety days by notice in writing to CONTRACIDR and
ENGINEER which will fix the date on which Work will be
resumed. CONTRACTOR shall resume the Work on the date
So fixed. CONTRACTOR shall be allowed an adjustment in the
Contract Price or an extension of the'Contract Times, or both,
directly attributable to any such suspension if CONTRACTOR
make~ an approved claim therefor as provided in Articles 11
and 12.
OWNER May Te~: ·
15.2. Upon the occurrence of any one or more of the
.15.2. I. if CONTRACTOR persistently fails to perform
the Work in accordance with the Contract Documenm (in-
cluding, but not limited to, failur~ to supply sufficient s~'lled
workers or suitable materials or equipment or failure to
adhere to the progress schedule established under paragraph
2.9 as adjusted from time to time pursuant to paragraph 6.6);
15.2.2. if CONTRACTOR disregards Laws or Regula-
tions of any public body having jurisdiction;
15.2.2. if CONTRACTOR disregar~l.s the authority of
ENGINEER; or
15.4.2. for expenses sustained prior to the effective dare
of' termination in performing services and furnishing labor,
materials or equipment as required by the Contract Docu-
ments in connection with uncompleted Work, plus fair and
reasonable sums for overhead and profit on such expenses;
15.~,.3. for all claims, costs, losses and damages incurred
in settlement of terminated contracts with Subcontractors,
Suppliers and others; and
15.4.4. for reasonable expenses direcdy attributable to
termination. -
15.2.4. ifCONTIL~.CTOR otherwise violates in any sub-
stantiaI way any provisions of' the Contract Documents;
OWNER r~ay, after giving cONTRACTOR (and the sure,t,
if any,) seven days' written notice and to the extent permit-
ted 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 materi-
als and equipment stored at the site or for which OWNER
has paid CONTRACTOR but which are stored etsev~here,
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 all claims, costs,
losses and damages sustained by OWNER arising out of or
r~sulting from completing the Work such excess will be paid
to CONTRACTOR. If such claims, costs, losses and dam-
ages exceed such unpaid balance, CONTRACTOR shall pay
the difference to OWNER. Such claims, costs, losses and
damages incurred by OWNER will be reviewed by ENGI-
NEER as to their reasonableness and when so approved by
ENGINEER incorporated in a Change Order, provided that
when exercising any rights or remedies under this paragraph
OWNER shall not be required to obtain the lowest price for
the Work performed. -,, ...
15.3. Where CONTRACTOR's services have been so ter-
minated by OWNER, the termination will not affect any rights
or remedies of OWNER against CONTRACTOR then existing
or which may thereafter accrue. Any retention or payment of
moneys due CONTRACTOR by OWNER will not release
CONTRACTOR from liability.
15.4. Upon seven days' written notice to CONTRACTOR
~id ENGINEER, OWNER may, without cause and without
prejudice to any other fight or remedy oF OWNER. elect to
terminate the Agreement. In such case, CONTRACTOR shall'
be paid (without duplication of any items):
I5,4. !. for completed and acceptable Work executed in '
accordance with the Contract Documents prior to the effec-
tive date of termination, including fair and reasonable sums
for overhead and profit on such Work;
CONTRACTOR shall not be paid on account of loss of
anticipated profits or revenue or other economic loss a.,-ising
out of or resulting from such termination.
CONTRACTOR May Stop Work or Terminate:
15.5. If, th?ough no act or fault of CONTRACTOR, the
Work is suspended for a period of mo? than nine~ty days by.
OWNER or under an order of codrt or other public author-
ity, or ENGINEER fails to act on any Application for
Payment within thirty days aRer it is submitted or OWNER
fails for thirty days to pay CONTRACTOR any sum finally
determined to be due, then CONTRACTOR may, upon
seven days' writ:eh notice to OWNER and ENGINEER,
and provided OWNER or ENGINEER do not remedy such
suspension or failure within that time. terminate the Agree-
ment and recover from OWNER payment on the same terms
as provided in paragraph 15.4. In lieu of terminating the
Agreement and without prejudice to any other right or
remedy, if ENGINEER has fail~d to act on an Application
for P~yment within thirty da'ys ~ter it is submit:ed, or
OWNER has failed ['or thirty days to pay CONTRACTOR
any sum finally determined to be due, CONTRACTOR' may
upon seven day's written notice to OWNER and ENGI-
NEER stop the Work until payment of al! such amounts due
CONTRACTOR, including interest thereon. The provisions
of this paragraph 15.5 are not intended to preclude CON-
TRA. CTOR from making claim under Articles I 1 and 12 for
an increase in Contract Price or Contract Times or otherwise
roi' expenses or damage directly attributable to CONTRAC-
TOR's stopping Work as permitted by this paragraph.
ARTICLE 16---DISPUTE RESOLLFFION
41
If and to the extent thaz OWNER and CONTRACTOR have.,
agreed on the method and procedure for resolving disputes ,
between them that may arise under this Agreement, such '
dispute resolution method and procedure, if any, shall be as set . ~
forth in Exhibit GC-A, "Dispute Resolution Agreement," to be .~ ' '
attached hereto and made a part hereof. If no such ag~ement ...:
on the method and procedure for resolving such disputes has
been reached, and subject to the provisions of paragraphs 9.10, ii,,
9. !!, and 9.12. OWNER and CONTRACTOR may exercise, '
such d~htz or r~medies as either may other~se have under
Contract Do:uments or by. Laws or Regulations in respect of
any dhpute.
ARTICLE 17~MISCELLANEOU$
17. I. Whenever any pmv/~'on of the Con~-: l~x:ume~ts
requires ~e ~ng of wfi~en no,ce. ~ w~l be deem~ ~ have
~n v~/~y ~vcn ~dclive~ in ~on ~ ~e [ndi~d~ or ~
a mcm~r OF ~e fi~ or W ~ o~cer of ~e coloron for
~hom it h in.haled, or ~del/ve~ ~ or sent by ~ste~ or
~ m~, ~os~ p~d, W ~e I~ b~in~ ~d~
Camt~"*"%n af Times:
17.2.1. When any Period of time /s referred to in the
Contract Documents by days, it ml! be computed :o exclude
the first and/nctude the Last day of such per/od. If the last day
et'any such per~od falh on a Saturday or Sunday or on a day
made a le~al holiday by the law of the applicable jurisdic~don,
such day will be omitted .from the computa~on.
177 ~_ A calendar day of twenty-four hour~ measured
from rn~dn~ght to the next midnight will constkute a day.
" 173. ~hou/d OWNER orCONTRACI~R suffer injury or
daha~ to per, on or. Property because ot'any en~r, omission or
a~t of the other party or of any of the other party's employees
or agents or other~ for whose acts the other party is legally
liable, claim will be made in wrfrfng to the other p .a~ty within a
reasonable I:fme of the first observance of such injury Or
damage. The provisions of this para&mph 17.3 Shall not be
construed as a substkute for or a waiver of the prov~slons of
any applicable statute ot'limita~oos or repose.
Cu.,nz~e
17.4. The dudes and obligations imposed by these General
Conditions and the fights and remedies available hereunder to
the parties hereto, and, in particular but without limkat[on, the
wan'andes, guaraz~tees and obligations imposed upon CON-
TRAC'I~R by paragraphs 6.12, 6.16, 6.30, 6.31, 6.32, 13.1,
13.12, ,13.14, 14.3 and 15.2 and all of'the dg~ts and remedies
.avm'lable to OWNER and ENGINEER thereunder, are in
add/don to, and are not to be construed in any way as a
limir, atfon of, any rfghts and remedies ava'fable to any or all of
them which are otherwise imposed or available by Laws or
Regulaxfons, by specfai warranty or guarantee or by other
provisions of the Contract Documents, and the pmvhions of
this para&r~h wii! be as effective as if repeated specifically in
the Contrac: Dc~:uments in connection with each parq.'cular
duty, obligat, ioi~, rfght and remedy to which ~ey apply.
Profe~rlonal Fees and Court Co~'~ Inch~i: · ~
17.5. Whenever reference is made to "claims, costs, losses
and damages," it shall include in e~h case, but not be limited
to, all fees and charges, of engineers, an:hitects, attorneys and
other profe~ionais and ail court or arbitration or other dispute
resoIut/on costs. -
[The remainder of this page wa~ left blank intentiooally.]
EXm~IT GC-A to General Conditions of the
Agreement Between O'~NNER and CON-
TRACTOR Dated
For use with EJCDC No. 19104 (1990 ed.)
DISPUTE RESOLUTION AGREEMENT
American Arbitration Association, and a copy will be sent to
ENGINEER for information. The demand for arbitration will
be made within the thirty-day or ten- day period specified in
paragraph 16.2 as applicable, and in all other cases within a
reasonable time after the claim, dispute or other matter in
question has arisen, and in no event shall any such demand be
made after the daze when institution off legal or equitable
proceedings based on such claim, dispute or other matter in
question would be barred by the appffcaJ~ie statute of' limita-
tions.
OWNER and CONTRACTOR hereby 'agree that Article 16
ot~ the General Conditions to the Agreement between OWNER
and CONTRACTOR is amended to include the following
agreement of the parties:
16.1. Ali claims, disputes and other matters in question
between OWNER and CONTRACTOR arising out of or relax-
ing to the Contract Documents or the breach thereo~ (except
for claims which have been waived by the making or accep-
tance of final payment as provided by paragraph 14.15) will be
decided by arbitration in accordance with the Construction
Industry Arbitration Rules of the American Arbitration Asso-
ciation then obtaining, subject to the limitations of this Article
16. This a.~'eement so to arbitrate and any other agreement or
consent to arbitrate entered into in accordance herewith as
provided in this Article 16 will be specifically enforceable under'
the prevailing law of any court having jurisdiction.
16.2. No demand for arbitration of any claim, dispute or
other mat:er that is required to be referred to ENGINEER ·
initially for decision in accordance with paragraph 9.1 t Will be
"made until the earlier off(a) the date on which ENGINEER has'
rendered a written decision or Co) the thirty-first day aRer the '
pard~ have presented their evidence to ENGINEER if a
writ:eh decision has not been rendered by ENGINEER before
that date. No demand for arbitration &any such claim, dispute
or other matter will be made later than thirty days after the ct~e
on which ENGINEER has rendered a writ'ten decision in
respect thereof' in accordance with paragraph 9. I1; and the
failur~ to demand arbitration within said thirty days' period w~l
result in ENGINEER's derision being final and binding upon
.OWNER and CONTRACTOR. If ENGINEER renders ~le-
cislon after arbitration proceedings have been initiated, such
decision may be entered as evidence but will not supersede the
"arbitration proceedings, except where the decision is accept-
able to the par'des concerned. No demand for arbitration of any
written decision of ENGINEER rendered in accordance with
paragraph 9.10 will be made later than ten days after the parry
making such demand has delivered written notice of' intention
to appeal as provided in paragraph 9.10.
16.3. Notice of the demand for arbitration will be filed in
writing with the other party to the Agreement and with the
I6.4. Except as provided in paragraph 16.5 below, no
arbitration arising out of or relating to the Contract Documents
shall include by consolidation, joinder or in any other manner
any other person or entity (including ENGINEER, ENGI-
NEER's Consultant and the officers, directors, agents, em-
ployees or consultants of any of them) who is not a party to this
contract unless:
16.4.1. the inclusion of such other person or entity is
necessary if complete relief is to be afforded among tho~e
who are already par'des to the arbitration, and
16.4.2. such other persc;n or ehfity is substantially in-
volved in a question 6flaw or fact which is common to those
who are already par'des 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 CONTRACTOR
has'been obtained for such inclusion, which consent shall
make sp~ific reference to this paragraph; but no such ·
consent shall constitute consent to arbitration of any dispute
not specific~lly described in such consent or to arbitration
with any party not Sl~Cffically identified in such consent.
16.$. Notwithstanding p~agmph 16.4 ifa claim, dispute or
other matter in question between OWNER and CONTRAC-
TOR involves the Work ora Subcontractor, either OWNER or
CONTRACTOR may join such Subcontractor as .a party to the
arbitration between OWNER and CONTRACTOR hereunder.
CONTRACTOR shall include in all subcontracts required by
paragraph 6.11 a specific provision whereby the Subcontra~:tor
co~ents to being joined in an arbitra, tion between OWNER
and CONTRACTOR involving the Work off such Subcontrac-
tor. Nothing in this paragraph 16.$ nor in the provision of such
subcontrax:t consenting to joinder shall create any claim, right
or cause of action in favor of Subcontractor and against
OWNER, ENGINEER or ENGINEER's Consultants tha~
does not otherwise exist.
16.6. The award rendered by the ~rbitraxors w~l be final,
judgment may be entered upon it in any court having jurisdic-
tion thereof, and it will not be subject to modification or appeal.
[The r~mainder of this page was left blank intentionally.]
· GC-A i
· 16.7, OW2q'ER and CONTRACTOR agree ~haz they ~' .'
or ~g W ~e Con~ ~~ or ~e b~h
~on ~der ~e Coercion Ind~ M~on R~ of
~e ~ed~ ~i~on ~on pdor W eider of
tior~ would irrevocablYprc~ud[ce ot~e OLr the :Patt~e~. The'
respective th/try and ten day time ~m'ts with/n wh/ch to file a
demand for arbitrado~i as prov/ded in ~hs 16.2 and 16;3'
above shall be suspended w/th re~pect.to'a, d/spute Submit:ed to
medial/on witlgn'those, same applicab!e time IL, ni~s and shall
rema/n suspended until ten days after' the 'termination of the
medial/on. The mediator of any dispute'$ubmilxed to m~d/alion
under th/s Asi'eem~t Shall .not Serve 'as arbitrator of such
dispute unleSS Otherwise agreed. ' '. '.. ;- . .. , -. ;
[This page was left btatdc ietentio~lly.]
SPECIAL CONDITION
AND
TECHNICAL SPECIFICATIONS
1. SAFETY PRECAUTIONS: The Contractor shall comply with all
applicable laws including the Occupational Safety and Health Act of
1970, ordinances, rules, regulations and orders of any public
authority having jurisdiction for the safety of persons or property
to protect them from damage, injury or loss. He shall erect and
maintain, as required by 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.
2. MATERIALS ANDWORKMANSHIP: No material which has been used by
the Contractor for any temporary purpose whatever is to be
incorporated in the permanent structure without written consent of
Engineer. All materials to be used shall be new.
3. Where materials or equipment are specified by a trade or brand
name, it is not the intention of the Owner to discriminate against
an equal product of another manufactUrer, but rather to set a
definite standard of quality or performance, and to establish an
equal basis for the evaluation of bids. Where the words "or
approved equal" are used, they shall be understood to mean that the
item referred to shall be proper, the equivalent of, or equal to
some other item, in the opinion or judgement of the Engineer.
Unless otherwise specified, all material shall be the best of their
respective kinds and shall be in all cases fully equal to approved
samples. Notwithstanding that the specifications in connection
with a material, manufactured article or process, the materials,
article or process specifically designated shall be used, unless a
substitute shall have the right to require the use of such
specifically designated material, article or process.
4. PERMITS: The Contractor will be required to secure any
permits required for the execution of the Contract at his expense
except for the City Inspection Fees. However, if the Contractor
requests overtime from the City of Coppell Inspection Department,
then all overtime charges will be at the Contractor's expense.
5. BARRICADES, WARNING SIGNS & FLARES: Where the work on this
project creates a safety hazard to the general public, the
Contractor shall furnish and erect sufficient barricades and
warning signs to warn the public of the danger and also provide
sufficient flares or other emergency lighting to warn the public at
night at his expense (no pay item).
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6. RIGHT OF ENTRY: The right of entry to the site of any project
covered by these Contracts is reserved by the Owner, or the
representatives of the Owner, Engineer, Texas State Department of
Health, Texas Department of Water Resources for the purl~ose of
inspecting construction both completed and in progress and
materials on hand and installed. The Contractor will be required
to cooperate with representatives of the State agencies connected
with the project in any manner in which they may direct.
7. FINISHED GRADES: Areas within the street right-of-way where
grades are disturbed or altered during utility or paving
construction shall be re-established by the Contractor to the
established grades existing (plus or minus 0.2 feet) prior to
completion. Final cleanup and smoothing of any affected areas
shall be done by blading and shall be subject to inspection and
approval by the Engineer. Any re-staking of street and lot grades
or verification of finished grades shall be bore at the utility or
paving Contractor's expense.
8. CONFORMITY WITH PLANS: Ail work shall conform to the lines,
grades, cross-sections, and dimensions shown on the plans. Any
deviation from the plans which may be required by the exigencies of
construction will be determined by the Engineer and authorized by
him in writing.
9. EXCESSIVE EXCAVATED MATERIAL (WASTE): Excavated on-site
material not required as fill or for backfilling of improvements
shall be stockpiled on site at a location or locations designated
by the Owner or Project Manger, except that all large rocks,
rubbish and organic or inorganic debris shall be disposed of
offsite.
10. STAKING: The Owner will furnish the following stakes, to be
approved by the contractor's foreman or superintendent; one set of
construction stakes of each of the following:
a. Grade stakes for sanitary sewer and storm sewer
installation.
b. Final grade stakes for readjustment of street grades
c. Location stakes for manholes and fire hydrants
11. EXISTING UTILITIES, STRUCTURES OR OTHER PROPERTY:
a. Prior to any excavation, the Contractor shall determine the
location of all existing water, gas, sewer, electric, telephone,
telegraph, television and other underground utilities and
structures.
b. After commencing the work, the contractor shall use every
precaution to avoid interference with existing underground and
surface utilities and structures, and shall protect them from
damage.
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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 location of all items indicated, and the
existence and location of all items not indicated.
d. The Contractor shall repair or pay for all damage caused by
his operations to all existing utility lines, public property and
private property, whether it is below ground or above ground, and
he shall settle, in total, cost of all damage suits.
e. To avoid unnecessary interference or delays, the Contractor
shall coordinate all utility removals, replacements and
construction with the appropriate utility company.
12. ~OVAL OF DEFECT/VE AND ~3~A%~I~{ORIZED WO~/~: Ail work which
has been rejected or condemned shall be repaired or, if it cannot
be repaired satisfactorily it shall be immediately removed and
replaced at the Contractor's expense. Defective materials shall be
immediately removed form the site of the work. Work done without
line and grade having been given, work done without proper
inspection, or any extra or unclassified work done without written
authority and prior agreement in writing as to prices, shall be
done at the Contractor's risk, and will be considered unauthorized,
and at the option of the Engineer, may not be measured and paid
for, and may be ordered removed at the Contractor's expense. Upon
failure of the Contractor to repair satisfactorily or to remove and
replace, if so directed, rejected, unauthorized or condemned work
or materials immediately after receiving notice from the Engineer.
The Engineer will, after giving written notice to the Contractor,
'have the authority to cause defective work to be remedied or
removed and replaced, or to cause unauthorized work to be removed
and to deduct the cost thereof from any moneys due to the
Contractor.
13. FINAL INSPECTION: The Engineer will make final inspection of
all work included in the contract as shown as practicable after the
work is completed and ready for acceptance. If the work is not
acceptable to the Engineer at the time of such inspection, he will
inform the Contractor as to the particular defects to be remedied
before final acceptance will be made. All work must be accepted by
the City of Coppell and the Engineer before retainage amounts will
be paid.
14. The Excavation Contractor and utility Contractor shall be
required to coordinate their work with the Paving Contractor and
shall schedule his work to avoid conflicts with Paving
construction; however, the Paving Contractor will not be issued a
Page 3 of 4
"Notice of Proceed" until all utility work in the street right-of-
way is completed unless otherwise agreed to by the Utility
Contractor.
FEE.NOTES.SC-TS
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