Gateway BP(2.4)-CN 940419CONSTRUCTION SPECIFICATIONS
CONTRACT DOCUMENTS
FOR THE
DRAINAGE IMPROVElVIEN'I~
ALONG SOUTHWF_STERN DRIVE EAST OF FREEPORT
GATEWAY BUSINESS PARK - PHASE liB
COPPE! J., TEXAS
FOR
THE CITY OF COPPEI J.
prepared by.'
AI.BERT H. HALFF ASSOCIATES, INC.
8616 NORTHWEST PLAZA DRIVE
DAT.T.AS, TEXAS 75225
ENGINEERS
AVO12880
APRII. 1994
?ARKWAY
April 1994
AVO' 12880 - Contrac
TO:
RE:
BIDDERS
DRAINAGE IMPROVEMENTS
GATEWAY BUSINESS PARK - PHASE 1113
COPPEI J, TEXAS
Gentlemen:
We enclose' herewith Drawings
and Specifications for Drain;
Gateway BUsiness Park - Phase m3. We request your bid on this work
the enclosed instructions. If we may furnish additional information, pk
to call Mr. Pat Acker at (214) 739-0094.
Bids will be received
and' then at said office privately opened.
ge Improvements,
in accordance with
:ase do not hesitate
EXHIBIT "B"
TAB~.~ OF CONTENTS
SUBJECT
DIVISION 0 - BIDDING AND CONTRACT DOCUME~
00100 Notice to Bidders
00110 Instruction to Bidders
00140 Proposal Form
Bid Form
Agreement
Performance Bond
Payment Bond
General Conditions
Wage Rates
00232 Supplementary Conditions
DIVISION 1 - GENERAL REQUIREMENTS
01001 General Project Requirements
01401 Testing Laboratory Services
01501 Survey
DIVISION 2 - SPECIAL PROVISIONS TO STANDARD SPECIFIC
FOR CONSTRUCTION
DIVISION 3 - TRENCH EXCAVATION PROTECTION
03001 Trench Safety Systems
DMSION 4 - SITE WORK
04102 Clearing and Grubbing
04210 Excavation, Backfill and Grading
APPENDIX A - Soil Investigation Data
APPENDIX B - Change Order, Pay Request, and Lien Release Forn
APPENDIX C - Contract Addenda
APPENDIX D - Construction Drawings (Attached Separately)
ATIONS
DIVISION 0 - BIDDING AND CONTRACT D()CUMENTS
DMSION 0 - BIDDING AND CONTRACT DOCUMENTS '
SECTION 00100 - NOTICE TO BIDDERS
Sealed bids addressed to the Purchasing Agent, City of Coppell, ~I
Improvements, Gateway Business Park - Phase liB, Coppell, Texas wil
Purchasing Office at the City of Coppell City Hall, 255 Parkway Boule
Coppell, Texas 75019, until on ,1994, and then l
read aloud. Each Bidder shall submit two identical copies of this 1~
Coppell Bid No. designated clearly on the exterior of the bi(
Bidders must submit, with their bids, a cashier's, or certified check in
percent (5%) of the maximum amount bid, payable without recourse to
Texas, or a Proposal Bond in the same amount from an approve
(according to the latest list of companies, holding certificates of approva
of Insurance under 7.19-1 of the Texas Insurance Code) as guarantee
enter into a contract and execute bond and guarantee forms provided
days after award of contract to him.
The successful Bidder must furnish Performance and Payment Bonds
of 100% of the contract price from an approved Surety Company holdi~
State of Texas, to act as Surety and acceptable according to the late:
holding certificates of approval from the State Board of Insurance unde~
Insurance Code. The successful bidder must also be able to show
authorized to do business in the State of Texas prior to executing the
Instructions to Bidders, Proposal Forms, Specifications, Plans and Conu
be obtained at the office of Albert H. Halff Associates, Inc., 8616 Nor
Dallas, Texas 75225, for a $50.00 non-refundable fee.
All unit prices must be stated in both script and figures. The Owner r
reject any or all bids and to waive formalities. In case of ambiguity or
stating the price in the bids the Owner reserves the right to consider the
construction thereof, or to reject the bid. Unreasonable or unbalance
considered sufficient cause of rejection of any bid or bids. NO BID TI
FAX WII J. BE ACCEPTED.
Bidders are expected to inspect the site of the work and to inform tt
local conditions and conditions under which the work is to be done.
Attention is called to the provisions of the Acts of the 43rd Legislature c
and subsequent amendments concerning the wage scale and payment
specified. Prevailing wage rate will be established by the City of Copl
All bidders must comply with the rules and regulations for the Americ~
Act of 1990.
SECTION 00100 - NOTICE TO BIDDERS
exas, for Drainage
I be received in the
yard, P.O. Box 478,
)ublicly opened and
id with the City of
envelope.
the amount of five
the City of Coppell,
~ Surety Company
· by the State Board
[hat the Bidder will
vithin fourteen (14)
:ach in the amount
g a permit from the
~t list of companies
7.19-1 of the Texas
evidence that it is
:ontract.
act Documents may
[hwest Plaza Drive,
eserves the right to
lack of clearness in
most advantageous
d unit price will be
tANS~D BY
emselves regarding
f the State of Texas
of preva~ing wages
Dell for this proje~
ms with Disabilities
PAGE 1
Complete sets of bidding documents must be used in preparing Bids;
Coppell or the preparer, Albert H. Halff Associates, Inc., assume m
errors or misinterpretations resulting from the use of incomplete sets of'.
SECTION 00100 - NOTICE TO BIDDERS
neither the City of
ty respons~ility for
5idding Documents.
PAGE 2
DIVISION 0 - BIDDING AND CO--CT DOCUMENTS
SECTION 00110 - INSTRUCTIONS TO BIDDERS
1. Defined Terms.
1.1 Terms used in these Instructions to Bidders which are defin~
General Conditions of the Construction Contract (EJCDC No. 1910-8
meanings assigned to them in the General Conditions. The term '~Bid~
submits a Bid directly to Owner, as distinct from a sub-bidder, who
Bidder. The term "Successful Bidder" means the lowest, qualifie
responsive Bidder to whom Owner (on the basis of Owner's evahiation a
by the Engineer as hereinafter provided) makes an award. The term "!
includes the invitation to Bid, Instructions to Bidders, the Bid Form
Contract Documents (including all Addenda issued prior to receipt of
1.2 Owner: Wherever the work "OWNER" is used in the specific
documents, . it shall be understood as referring to the City of Coppell,
1.3 En~neer: Wherever the word '~ENGINEER" is used in the
contract documents, it shall be understood as referring to the CITY
authorized representative, City of Coppell, P.O. Box 478, Coppell, Tea
1.4 Inspector: The authorized representative of the City of Coppell
and inspect any or all parts of the work and the materials to be used t
Non-Compensated Contract Administrator: Catellus Development Col
Freeway, Suite 600, Dallas, Texas 75240-2609.
2. Scope of Work.
This project is located within and adjacent to Gateway Business
Coppell, Texas. Perform Drainage Improvements as shown on the co
and descn'bed in these construction specifications and contract d~
amendments, addendums and attachments.
3. Copies of Bidding Documents.
3.1 Complete sets of the Bidding Documents may be obtained from
offices of Albert H. Half{ Associates, Inc., 8616 Northwest Plaza D
Complete sets of plans and specifications may be examined without cha
the City Engineer, City of Coppell, 255 Parkway Boulevard, Coppell, T~
be required for each set of drawings and specifications as follows:
Bidders may purchase sets of Bidding .Documents for a
refundable.
SECTION 00110 - INSTRUCTIONS TO BIDDERS
~d in the Standard
1983 ed.) have the
.er" means one who
submits a bid to a
~,, responsible and
ad recommendation
tidding Documents"
and the proposed
Bids).
ations and contract
specifications and
~.NGINEER or his
as 75019.
assigned to observe
herein.
~oration, 5429 1JRJ
Park in the City of
astruction drawings
)cuments including
the Engineer at the
:ire, Dallas, Texas.
rge in the offices of
~xas. A deposit wi21
;50.00 per set, non-
PAGE 1
B)
After award of the contract, the Successful Bidder will 1
sets of Contract Documents. Additional sets over five (5)
$50.00 per set, non-refundable.
Subcontractors and Suppliers may purchase Bidding Doo~
set, non-refundable.
3.2 Complete sets of Bidding Documents must be used in preparing
nor Engineer assume any respousibility for errors or misinterpretatiox
use of incomplete sets of Bidding Docnments.
3.3 Owner and Engineer in making copies of Bidding Documents a~
terms do so only for the Purpose of obtaining Bids on the Work and dc
or grant for any other use.
4. Qualifications of Bidders.
The Bidder shall submit within five (5) days of the Owner's reqt
the Owner may require to establish his financial responsibility, experie~
such equipment as may be needed to prosecute the work in an e:
satisfactory manner. The required information to be submitted shall co
necessarily be limited to, the following:
~e furnished five (5)
will be furnished for
ments for $56.00 per
Bids; neither Owner
z resulting from the
ailable on the above
not confer a license
.est such evidence as
ce and possession of
rpeditious, safe and
nsist of, but shall not
4.6 Proof that the Bidder maintains a permanent place of business
SECTION 00110 - INSTRUCTIONS TO BIDDERS
· will be used on this
nt to complete this
Iment, if any, that he
Jest of the Owner a
as evidenced by an
hs of bid date). This
ncial status to meet
[action of the Owner
PAGE 2
4.5 Technical Experience. The Bidder shall demonstrate to the saris
that he has the technical experience to properly complete .this project
4.4 Financial. Each Bidder shall be prepared to submit upon req
balanced financial statement with no evidence of threatening losses
audited certified financial statement (current within the last six (6) mont
information will be used to confirm that the Bidder has suitable fina
obligations incidental to performing the work.
The Bidder shall demonstrate that he has adequate equipme
project, properly and expeditiously and shall state what additional equit
must rent/lease as may be required to complete this project.
4.3 Equipment. The Bidder shall provide a list of equipment whit[
project.
4.1 Current Project Experience. A list of all projects presently unde~r construction by the
Bidder including approximate cost and completion date shall be submitted upon request.
4.2 Past Project Experience. The Bidder shall submit ?mliSt of|,~omparable projects
completed within the previous five years including approxi ate cost(s), quantifies, and
completion date(s).
Conflict of Intel'esL
City Charter states that no officer or employee of thc City sh;dl have a financial
interest, direct or indirect, in any Contract with the City, nor shall be ~ ~ancially interested,
directly or indirectly, in the sale to the City of ~ny land, or fights or ipterest in any land,
materials, supplies or services. This prohibition does not apply wgen the interest is
represented by ownership of stock in a corporation involved, provided sqch stock ownership
amounts to less than one percent (1%) of the corporation stock. Agy violation of this
prohibition will constitute malfeasance in office. Any officer or empl.o.y~e of the City found
guilty thereof should thereby forfeit his office or position. Any violatio~t of this prohibition
with the knowledge, expressed or implied, of the persons or corporatk.ns contracting with
the City shall render the contract voidable by the City Manager or the
Contractor represents that no employee or officer of the City has
Contractor.
6. Examination of Contract Documents and Site.
6.1 Access to the site shall be from Freeport Parkway and G
Prospective Bidders shall respect all improvements. It is the responsib
before submitting a Bid, to (a) examine the Contract Documents thoroug
to become familiar with local conditions that may affect cost, progre
furnishing of the Work, (c) consider federal, state and local Laws and R
affect cost, progress, performance or furnishing of the Work, (d)
correlate Bidder's observations with the Contract Documents, and (e) n,
conflicts, errors or discrepancies in the Contract Documents. Faih
examinations shall in no way relieve any Bidder from the responsibility
terms of the contract, without additional cost to the OWNER.
6.2 Reference is made to the Supplementary Conditions for identif
6.2.1 Those reports of explorations and tests of subsurface conditions at
been utilized by Engineer in preparation of the Contract Documents. Bi
the accuracy of the technical data contained in such reports but not upon
interpretations or opinions contained therein or for the completem
purposes of bidding or construction.
6.3 Information and data reflected in the Contract Document
Underground Facilities at or contiguous to the site is based upon hat
furnished to Owner and Engineer by Owners of such Underground Faci
Owner and Engineer does not assume respons~ility for the accurm
thereof.
6.4 Provisions concerning respons~ilities for thc adequacy of
prospective Bidders on subsurface conditions, Underground Facilities
conditions, and poss~le changes in the Contract Documents due to
appear in Paragraphs 4.2 and 4.3 of the General Conditions.
SECTION 00110 - INSTRUCTIONS TO BIDDERS
an interest in thc
ateway Boulevard.
ility of each Bidder
hly, Co) visit thc site
ss, performance or
=gulations that may
tudy and carefully
)tify En~neer of all
~re to make these
f fulfilling ail of the
:afion of.'
the site which have
dder may rely upon
non-technical data,
ss thereof for the
with respect to
ormation and data'
lities or others, and
or completeness
data furnished to
and other physical
liffering conditions
PAGE 3
6.5 Before submitting a Bid, each Bidder will, at Bidder's own expe:
any additional examinations, investigations, explorations, tests and stu~
additional information and data which pertain to the physical conditions
and Undergro .und Facilities) at or contiguous to the site or otherwise wl
progress, performance or furnishing of the Work and which Bidder
determine its Bid for performing and flamishing the Work in accordance
and other terms and conditions of the Contract Documents.
6.6 On request in advance, Owner will provide each Bidder access t~
explorations and tests as each Bidder deems necessary for submission ot
fill all holes, clean up and restore the site to its former conditions upon
explorations.
6.7 The lands upon which the work is to be performed, fights-of-wa'
access thereto and other lands designated for use by Contractor in perf~
identified in the Contract Documents.
6.8 The submission of a Bid will constitute an incontrovertible
that Bidder has complied with every requirement of this Article 6,
Bid is premised upon performing and furnishing the Work re(
Documents and such means, methods, techniques, sequences or
as may be indicated in or required by the Contract Documents,
Documents are sufficient in scope and detail to indicate and convey
terms and conditions for performance and furnishing of the Work.
7. Interpretations and Addenda.
7.1 All questions about the meaning or intent of the Contract D(
directed to Engineer. Interpretations or clarifications considered
response to such questions will be issued by Addenda mailed or
recorded by Engineer as having received the Bidding Documents.
than five days prior to the date for opening of Bids may not be
answered by formal written Addenda will be binding. Oral and
clarifications will be without legal effect.
7.2 Addenda may also be issued to modify the Bidding Documents
by Owner or En~neer.
7.3 Each Bidder shall acknowledge on the Bid Proposal, that all
received.
8. Bid Security.
8.1 Each Bid must be accompanied by Bid security made payable to
of five percent of the Bidder's maximum Bid price, and in the form
check or a Bid Bond (on form attached, if a form is prescn'bed) issued
the requirements of Paragraph 5.1 of the General and Supplemental
~se, mflke or obtain
l/es and obtain any
surface, subsurface
ich may affect cost,
~eems necessary to
with the time, price
) the site to conduct
a Bid. Bidder shall
Completion of such
and easements for
truing the Work are
by Bidder
exception the
by the Contract
of construction
that the Contract
g of all
are to be
saD, by En~neer in
to all parties
received less
ed. Only questions
interpretations or
deemed advisable
have been
in an ~mount
a certified or bank
a surety meeting
SECTION 00110 - INSTRUCTIONS TO BIDDERS PAGE 4
8.2 The Bid security of the Successful' Bidder will be retained un
executed the Agreement and furnished the required contract security,
security will be returned. If the Successful Bidder fails to execute and del
and furnish the required contract security within fourteen (14) days
Award, Owner may annul the Notice of Award and the Bid security of
forfeited. The Bid security of other Bidders whom Owner believes tc
chance of receiving the award may be retained by Owner until the earlie
after the Effective Date of the Agreement or the forty-sixth day after the
upon Bid security furnished by such Bidders will be returned. Bid secu
are not competitive wr21 be returned within seven days after the Bid o
9. Contract Time.
The time for Completion is to be set forth by the Bidder in
included in the Agreement. The time will be taken into consideration
evaluation of the Bids, and it will be necessary for the successful Bidd,
of Bidder's ability to achieve Completion within the time designate{
contract time shall commence five (5) calendar days after the. date of the
10. Penalties and Incentive Bonuses
Provisions for penalties and incentive bonuses, are set forth in
11. Substitute or "Or-Equal" Items.
The Contract, if awarded, will be on the basis of materials and
in the Drawings or specified in the Specifications without consideration c
or "or-equal" items. Whenever it is indicated in the Drawings c
Specifications that a substitute or "or-equal" items of material or
furnished or used by Contractor if acceptable to Engineer, application
will not be considered by Engineer until after the Effective Date of ti
procedure for submission of any such application by Contractor an
Engineer is set forth in Paragraphs 6.7.1, 6.7.2 and 6.7.3 of the General
be supplemented in the General Requirements. No substitutions shall
Bid process.
12. Subcontractors, Suppliers and Others.
12.1 If the Owner requests the identity of any Subcontractors, Suppli
or organizations to be submitted to Owner in advance of the specific
Effective Date of the Agreement, the apparent Successful Bidder, and ~
requested, shall within seven days after the request submit to Owne
Subcontractors, Suppliers and other persons and organiTations propose~
of the Work for which such identification is requested. Such list shall
an experience statement with pertinent information regarding similar
evidence of qualification for each such Subcontractor, Supplier, perso]
requested by Owner. If Owner or Engineer after due investigation has r,
to any proposed Subcontractor, Supplier, other person or organization
SECTION 00110 - INSTRUCTIONS TO BIDDERS
~1 such Bidder has
whereupon the Bid
iver the Agreement
after the Notice of
that' Bidder will be
have a reasonable
r of the seventh day
Bid opening, where
.-ity with Bids which
~ening.
he Bid and will be
y Owner during the
~r to Satisfy Owner
I in the Bid. The
Notice to Proceed.
he Agreement.
tuipment descn~oed
f possible substitute
r specffied in the
· .quipment may be
or Such acceptance
Agreement. The
d consideration by
2onditions and may
,e considered in the
,,rs or other person~
:l date prior to the
my other Bidder so
r a list of all such
for those portions
~e accompanied by
projects and other
~ or organization if
· ,asonable objection
either may, before
PAGE 5
the Notic~ of Award is given request the apparent Successful Bidder to s
substitute in which case the apparent Successful Bidder shall submit an a~
that Bidder's Bid price may be increased (or decreased) by the differenc
by such substitution and Owner may consider such price adjustment in
making the contract award.
If apparent Successful Bidder declines to make any such subst
award the contract to the next lowest Bidder that proposes to use aecepta
Suppliers and other persons and organizations. The declining
substitutions will not constitute grounds for sacrificing the Bid security
Subcontractor, Supplier, other person or organization listed and to whon
does not make written objection prior to the giving of the Notice of-A~
acceptable to Owner and Engineer subject to revocation of such a
Effective Date of the Agreement as provided in Paragraph 6.8.2 of the
12.2 No Contractor shall be required to employ any Subcontractor, St
or organization against whom Contractor has reasonable objection.
13. Bid Form.
13.1 Two (2) completed Bid Forms, included with these instructions,
a sealed envelope as descn'oed in Item 15 "Submission of Bids". The bl~
Form shall be filled in for each item for which a quantity is given and t
the price for which he proposes to do each item of work. All blanks c
be completed in ink or by typewriter. Each page of the Bid Form sha]
the person or persons making or authorized to make a bid. Proposal
attached to documents in the same manner as received by bidders.
13.2 The legal status of the Bidder, that is, as a corporation, parmershi
be stated in the Bid Form. A corporation Bidder must name th~
organization is chartered.
bruit an acceptable
:eptable substitute,
e in cost occasioned
evaluating Bids and
itution, Owner may
tble Subcontractors,
o make requested
of any Bidder. Any
: Owner or Engineer
rard wfll'be deemed
:ceptance after the
general Conditions.
)plier, other person
ust be submitted in
nk spaces in the Bid
ae Bidder shall state
n the bid form must
I be signed in ink by
forms are to be left
), or individual, must
state in which the
13.3 If the bid is made by an individual, his post office address shall [,e given. Bids which
are not signed by the individuals making.them shall have attached thereto a power of
evidencing authority to sign the bid in the name of the person for whom it is signed.
attorlley
/
13.4 If the bid is made by a firm or partnership, the name and post Office address of the
managing member of the firm or partnership shall be given or the bidlmay be signed by an
attorney-in-fact. If signed by an attorney-in-fact, there shall be attache ~d to the bid a power
of attorney evidencing authority to sign the bid, executed by the mci nbers of the firm or
partners.
13.5 Bids which are signed for a corporation shall have the correct cor ~orate name thereof,
its post office address and the signature of the president or other auti orized officer of.the
corporation, manually written below the corporate name in the fol' awing manner: '~By
SECTION 00110 - INSTRUCWIONS TO BIDDERS :: PAGE 6
13.6 The Bidder's bid must include a completed Bid Form. Any bid ~
not include an mount for each item in the Bid Form may be rejected
13.7 All names must be typed or printed below the signature.
13.8 The Bid shall contain acknowledgement of receipt of all addenda
which must be filled in on the Bid Form).
13.9 The address and telephone number for communications regarct
shown.
14. Estimates of Quantities.
The quantities listed in the Bid Form will be considered as appr
used for the comparison of bids. Payments will be made to the Con
actual quanfifes of work performed or materials furnished in accordan~
The quantity of work performed and the materials required may be ine
as provided for in the Contract Documents.
15. Submission of Bids.
Sealed Bids shall be addressed to the Purchasing Agent, City of
shall be received in the Purchasing Office at the City of Coppell, Cig
Boulevard, P.O. Box 478, Coppell, Texas 75019. Bids shall be submit
place indicated in the Notice to Bidders and shall be enclosed in an opa,
(enclosed), marked with the Project title, the City of Coppell Bid No. in(
to Bidders, and name and address of the Bidder and accompanied by 1
other required documents. If the Bid is sent through the mail or other
sealed envelope shall be enclosed in a separate envelope with
ENCLOSED" on the face of it.
16. Modification and Withdrawal of Bids.
16.1 Bids may be modified or withdrawn by an appropriate docume:
the manner that a Bid must be executed) and delivered to the place
submitted at any time prior to the opening of Bids.
16.2 If; within twenty-four hours after Bids are opened, any Bidder
written notice with Owner and promptly thereafter demonstrates
satisfaction of Owner that there was a material and substantial rni~tak~
of its Bid, that Bidder may withdraw its Bid and the Bid securit
Thereafter, that Bidder will be disqualified from further bidding on the
under the Contract Documents.
SECTION 00110 - INSTRUCTIONS TO BIDDERS
'eceived which does
(The numbers of
~g the bid must be
aximate and will be.
tractor only for the
:e with the contract.
~ased or decreased
Coppell, Texas and
,Hall, 255 parkway
ted at the time and
ue sealed envelope
cated in the Notice
~e Bid security and
delivery system the
the notation '~ID
~t duly executed (in
here Bids are to be
files a duly signed,
to the reasonable
in the preparation
will be returned.
lork to be provided
PAGE 7
17. Rejection of Bids.
Bids may be rejected if they show alterations of form, addit
conditional bids, incomplete bids, erasures or irregularities of anykind.
condition which provides for changes in the stated Bid prices due to
in the costs of materials, labor or other items required for this project,
returned to the Bidder without being considered. The Owner reserves tl
irregularities in the bids as received and to reject any and all Bids wit~
More than one Bid from an individual, firm or partnership, corporation
the same or different names, will not be considered. Reasonable groun
a Bidder is interested in more than one such Bid may cause the rejectio~
- said Bidder is interested. Bids in which prices are obviously unbalanc~
18. Opening of Bids.
Bids will be publicly opened and read aloud. An abstract of the
Bids and major alternates (if any) will be made available to Bidders
Bids.
19. Bids to Remain Subject to Acceptance.
All Bids will remain subject to acceptance for forty-five days aft
opening, but Owner may, in its sole discretion, release any Bid and ret
prior to that date.
20. Award of Contract.
20.1 Owner reserves the right to reject any and all Bids, to waive any
and to negotiate contract terms with the Successful Bidder, Owner ah
to reject all nonconforming, nonresponsive, unbalanced or conditional
reserves the right to reject the Bid of any Bidder ff Owner believes th~
the best interest of the Project to make an award to that Bidder, whet
is not responsive or the Bidder is unqualified or has doubtful financial a
any other pertinent standard or criteria established by Owner. E
multiplication of units of Work and unit prices will be resolved in fav(
Discrepancies between the indicated sum of any column of figures
thereof will be resolved in favor of the correct sum.
This Contract and all obligations hereunder may be assigned,
another Owner. Upon such assi~tmment, the City of Coppell shall be fc
any further obligation under this Contact and the Contractor shall lo~
Owner for any and all obligations then remaining under the Contract.
Assi~tmmentshall not be made unless and until the new Owner
. ability to assume the financial obligations of the City of Coppell unde
-!.SECTION 00110 - INSTRUCTIONS TO BIDDERS
ons not called for,
Bids containing any
crease or decrease
nay be rejected and
~e fight to waive any
out qualification(s).
ir association, under
ds for believing that
t of all Bids in which
'A may be reject.
~mounts of the base
&er the opening of
:r the day of the Bid
urn the Bid security
and all informalities
o reserves the right
Bids. Also, Owner
it it would not be in
~er bemuse the Bid
fility or fails to meet
iscrepancies in the
,r of the unit prices.
nd the correct sum
~ithout recourse, to
,rever released from
>k solely to the new
~as demonstrated its
this Contract.
-PAGE 8
20.2 In evaluating Bids, Owner will consider the qualifications of the
not the Bids comply with the prescribed requirements, and such alt~
completion time, and other data, as may be requested in the Bid F~
Notice of Award.
20.3 Owner may consider the qualifications and experience of
Suppliers, or other persons or organizations proposed for those portio~
which the identity of Subcontractors, Suppliers, and other persons and
be submitted as requested by the Owner. Owner also may consider
maintenance requirements, performance data and guarantees of majo
and equipment proposed for incorporation ia the Work when such da
submitted prior to the Notice of Award.
20.4 Owner may conduct such investigations as Owner deems neces
evaluation of any Bid and to establish the respons~ility, qualifications
of Bidders, proposed Subcontractors, Suppliers and other persons
perform and furnish the Work in accordance with the Contract Doc
satisfaction within the prescn'bed time.
20.5
whose
of the
If contract is to be awarded, it will be awarded to the lowest and 1:
evaluation by Owner indicates to Owner that the award will be
Project.
20.6 If the contract is to be awarded, Owner will give the Successful
Award within forty-five days after the date of the Bid opening.
21. Contract Security.
Paragraph 5.1 of the General Conditions and the Supplementary
Owners's requirements as to Performance and Payment Bonds. When ti
delivers the executed Agreement to Owner, it must be accompani~
Performance and Payment Bonds, each in the full amount of the contra
City of Coppell as obligee.
A Maintenance Bond or Bonds acceptable to the City of Copp~
one hundred (100) percent of the total contract price will be provided tc
by the Contractor and shall remain in effect until one (1) year after the
The cost of all Bonds shall be included in the contract sum.
22. Execution of Agreement.
When Owner gives Notice of Award to the Successful Bidder, it
by the five (5) copies of unsigned counter parts of the Agreement ~
Contract Documents Attached. Within fourteen (14) days thereafter t~
shall execute and furnish to the Owner five (5) original signed contracts,
and Certificate of Insurance. If, within fourteen (14) days after Nod
contract to the Successful Bidder by the Owner the Successful Bidder ~
SECTION 00110 - INSTRUCTIONS TO BIDDERS
Bidders, whether o~
;mates, unit prices,
)rm or prior to the
my Subcontractors,
· of the Work as to
organi:,-qtions must
the operating costs,
r items of materials
ta. is required to be
sary to assist in the
ad financial stability
ad organiT~tions to
uments to Owner's
est qualified Bidder
in the best interests
Bidder a Notice of
Conditions set forth
te Successful Bidder
:d by the required
:t price, naming the
:il in the amount of
the City of Coppell
date of completion.
rill be accompanied
th all other written
e Successful Bidder
the required Bonds,
:e of Award of the
as not provided the
PAGE 9
five (5) copies of the executed contract documents, the Owner may, a
declare the award of the contract null and void and upon such declarati
be null and void, and the contract may be awarded to the next lowest
The Performance Bond, Payment Bond and Maintenance Bond
as a guarantee of the faithfifl performance of the work, for the protect
for labor and materials, and maintenance of work for one (1) year afte
Owner.
The Certificate of ~nsurance is to be furnished as a gnarante~
covered by insurance as required by the Contract Documents.
23. Affidavit of Bffis Paid.
The Contractor shall submit a fully executed Waiver of Lien
payment request and prior to final acceptance of this project by the Ov
shall execute an affidavit that all bills for labor, materials, and ineide,
project construction have been paid in full, and that there are no clair
24. Notice to Proceed.
Upon execution of Bonds and Contract, the Owner will issue
Proceed to the Contractor requesting that he proceed with the construct
shall commence work within five (5) days after the date of Notice to
25. Construction Schedule.
Prior to Award of Contract, the Contractor shall submit a d
Construction Schedule Chart demonstrating to the Owner the capabili
to complete the work within the bid contract time. The contractor
manpower and equipment resources to meet the construction schedul,
26. Silence of Specification.
The apparent silence of these specifications or the North Cent
Governments Standard Specifications for Public Work Construction a
the apparent omission from it of a detailed description concerning
regarded as meaning that only the best commercial practices a
interpretations of these specifications shall be made on the basis of this
or their authorized representative.
27. Change Orders.
No oral statement of any person shall modify or otherwise C
terms, conditions or specifications stated in the resulting contract. All~
contract will be made in writing by the Owner, using the form contain
SECTION 00110 - INSTRUCTIONS TO BIDDERS
its sole discretion,
,n, such award shall
respons~le bidder.
are to be furnished
ion of the claimants
r acceptance by the
that the Bidder is
· Partial, with each
ncr, the Contractor
ttals incurred in the
as pending.
a written Notice to
on. The Contractor
'roceed.
:ailed Progress and
~' of the Contractor
shall have suffic/ent
:al Texas Council of
~ to any detail or to
any point, shall be
re to prevail. All
statement by Owner
~ange, or affect the
:hange orders to the
ed in Appendix B.
PAGE 10
28. Assio~ment.
The Successful Bidder shall not sell, assign, transfer or convey tk
or in part, without the prior written consent of Owner.
29. Patents - Copyrights.
The Successful Bidder agrees to protect Owner from claims inv{
of patents and/or copyrights.
30. Retainage.
Provisions concerning retainage and Contractors' rights to depc
of retainage are set forth in the Agreement.
31. Venue.
This agreement will be governed and construed according to the
Texas. This agreement is performable in Dallas County, Texas.
32. Lump Sum Items.
The contractor shall submit a breakdown of the quantifies
comprise any major lump sum item (greater than $10,000). These unil
by the owner to increase or decrease any quantity within the lump su~
33. Permit Fees and Bonds
The contractor shall be responsible for the payment of all Pen
associated with this project. The cost of all fees and bonds shall be incl
sum.
34. Bid Compliance.
Bid must comply with all Federal, State, County and Local Laws.
hire or work any illegal alien.
35. Taxes, Permits and Licenses.
The Contractor shall obtain and pay for all licenses, permits, ant
for the work.
The Contractor shall pay all appropriate sales taxes, excluding
retained by the City of Coppell, franchise taxes, income taxes, gross rec~
business or occupation taxes imposed upon the Contractor.
SECTION 00110 - INSTRUCTIONS TO BIDDERS
s contract, in whole
flying infringements
sit securities in lieu
laws of the State of
nd unit prices that
prices may be used
a item.
nit Fees and Bonds
uded in the contract
Contractor shall not
inspections required
aterials permanently
;ipts taxes, and other
PAGE 11
36. State Sales Tax.
The Owner qualifies for exemption from State and Local Sa
pursuant to the provisions of the Texas Tax Code (Title 2, Chapter 141,
See Important Notice to Contractors provided herein.
o0o
SECTION 00110 - INSTRUCTIONS TO BIDDERS
les and Use Taxes
;ubsection 151.309).
PAGE 12
DIVISION 0 - BIDDING AND CONTRACt DOCUMENTS
SECTION 00140 - BID FORM.
PROJECT IDENTIFICATION:
Drainage Improvements, along Southwestern Drive east
Gateway Business Park-Phase lib in the City of Coppell, Texas.
BID OF DATE.
(NAME OF FIRM)
CITY OF COPP~I,I, IDENTIFICATION NUMBER:
TttI$ BID IS SUBMITI'ED TO:
of
City of Coppell (hereinafter ~
c/o Purchasing Agent
255 Parkway Boulevard, P.O.
Coppell, Texas 75019
The undersigned BIDDER proposes and agrees, if this Bid is acc,
Freeport Parkway
alled OWNER)
Box 478
;pted, to enter into
an agreement with OWNER in the form included in the Contract Docum,
furnish all Work as specified or indicated in the Contract Documents fo~
and within the Contract Time indicated in this Bid and in accordance w
and conditions of the Contract Documents.
2. BIDDER accepts all of the terms and conditions of the InV.
Instructions to Bidders, including without limitation those dealing with th
security. This Bid will remain subject to acceptance for forty-five days ~
opening. BIDDER will sign and submit the Agreement with the Bonds m
required by the Bidding Requirements within fourteen (14) days after thc
Notice of Award.
3. In submitting this Bid, BIDDER represents, as more fully set fortt
that:
(a) BIDDER has examined copies of all the Bidding Doc~
following Addenda (receipt of all which is hereby acknowledged):
NO.:
DATE:
REC'D:
Co) BIDDER has fam,3iarized itself with thc' nature and ext(
Documents, Work, site, locality, and all local conditions and Laws and
any manner may affect cost, progress, performance or furnishing of th{
SECTION 00140 - BID FORM
;nts to perform and
the Contract Price
ith the other terms
tatioa to Bid and
e disposition of Bid
~er the day of Bid
td other documents
date of OWNER's
in the Agreement,
:ments and of the
;nt of the Contract
Regulations that in
Work.
PAGE 1
(c) BIDDER has studied carefully all reports and draw
conditions and drawings of physical conditions which are identified in
Conditions as provided in paragraph 4.2 of the General Condition
determination set forth in paragraph SC4.2 of the Supplementary Conl
of the technical data contained in such reports and drawings upon which
to rely.
(d) .BIDDER has obtained and carefully studied (or assnml
obtaining and carefully studying) all such examinations, investigations, ex
studies (in addition to or to supplement those referred to in (c) (above)'
subsurface or physical conditions at the site or otherwise may affect
performance or furnishing of the Work as BIDDER considers necessary
or furnishing of the Work at the Contract Price, within the Contract Tim
with the other terms and conditions of the Contract Documents, inclu
provisions of paragraph 4.2 of the General Conditions; and no addil
investigations, explorations, tests, reports or similar information or
required by BIDDER for such purposes.
(e) BIDDER has reviewed and checked all information
indicated on the Contract Documents with respect to existing Underg~
contiguous to the site and assumes respons~ility for the accura
Underground Facilities. No additional examinations, investigations,
reports or similar information or data in respect of said Underground
be required by BIDDER in order to perform and furnish the Work al
, within the Contract Time and in accordance with the other terms m
Contract Documents, including specifically the provisions of paragrapl
Conditions.
(f) BIDDER has correlated the results of all such observa
investigations, explorations, tests, reports and studies with the terms a
Contract Documents.
(g) BIDDER has given ENGINEER written notice of all
discrepancies that it has discovered in the Contract Documents and tl
thereof by ENGINRER is acceptable to BIDDER.
(h) This Bid is genuine and not made in the interest of
undisclosed person, firm or corporation and is not submitted in
agreement or rules of any group, association, organization or corporati
directly or indirectly induced or solicited any other Bidder to submit
BIDDER has not solicited or induced any person, firm or corpora
bidding; and BIDDER has not sought by collusion to obtain for itself an
other Bidder or over OWNER.
(i) It is understood and agreed that the following quantitk
at unit prices are approximate only, and are intended principally to
evaluating bids.
SECTION 00140 - BID FORM
ings of subsurface
the Supplementary
~, and accepts the
litions of the extent
BIDDER is entitled
,s respons~ility for
plorations, tests and
~,,hich pertain to the
the cost, progress,
[or the performance
e and in accordance
cling specifically the
onal examinations,
ata are or will be
md data shown or
~und Facilities at or
:e location of said
explorations, tests,
~acilities are or will
the Contract Price,
td conditions of the
4.3 of the General
ions, examinations,
nd conditions of the
conflicts, errors or
~¢ written resolution
)r on behalf of any
:onformity with any
)n; BIDDER has not
a false or sham Bid;
,/on to refrain from
advantage over any
of work to be done
serve as a guide in
PAGE 2
(j) It is understood and agreed that the quantifies of work
prices and materials to be furnished may be increased or diminished as
necessary in the opinion of the OWNER or ENG~ to complet,
planned and contemplated, and that all quantities of work, whether inc
are to be performed at the unit prices set forth below, except as providec
Documents.
4. It is understood and agreed that the Bid Security accompanying
returned to the BIDDER, unless in ease of the acceptance of the propos~
fail to execute a contract and file a Performance Bond, a Payment Bc
Bond and a Certificate of Insurance within fourteen (14) days after its a
case the Bid Security shall become the property of the OWNER and sh~
payment for damages caused by delay and other inconveniences suffel
because of such failure of the BIDDER.
5. It is understood and agreed that all work under this contract will
the bid working days. Completion date will be established in the Not
6. BIDDER will complete the Work for the following'price(s):
SECTION 00140 - BID FORM
to be done at unit
may be considered
~, the work fully as
· eased or decrease,
for in the Contract
als proposal will be
the BIDDER shall
~d, a Maintenance
cceptance, in which
ill be considered as
ed by the OWNER
De completed within
:e to Proceed.
PAGE 3
GATEWAY; BUSINF..qS PARK - PHASE HB
DRAINAGE
UNIT PRICE $C~ULE
1 1,176 L.F. 8' x 5' Prestressed Reinforced Concrete
Box, including l=.mbedment, Complete in
Place.
Material: Dollars
Cents $. $.
per Unit.
Labor: Dollars
Cents $. $
per Unit.
Total Bid Item #1
2 1 Each 8' x 5' Precast R¢inforce, l Concrete Plug,
Complete in Place.
Material: Dollars
Cents
per Unit. $ $
Labor: Dollars
Cents
per Unit. $ ~ $
Total Bid Item ~ $ $
$ 1 L.S. 8' x 5' Cast in Place Type B Reinforced
Concrete Headwall, including Rock
Riprap, Complete in Place.
Material: Dollars
Cents
per Unit. $__ $
Labor: Dollars
Ccn~
per Unit. $ $
Total Bid Item #3 $. $
SIONED
SECTION 00140 - BID FORM
GATEWAY BUSINF..SS PARK - PHASE
DRAINAGE
UNIT PRICE SCHEDULE
4 1 Each Connect ~x~sting 18" RCP to 8' x 5'
Prestressed Reinforced Concrete Box, and
Plug Existing 18' RCP, Complete in Place.
Material: Dollars
Cents
per Unit. $ $
Labor: Dollars
Cents
per Unit. $ $
Total Bid Item #4 $ $
5 320 LF. Sawcut, Remove, Offsite Dispose, and
Replace Existing Pavement, Complete in
Place.
Material: Dollars
Cents
per Unit. $ $
Labor: Dollars '
Cents
per Unit. $.~ ~ $
Total Bid I_te_m #5 $ $
6 60 L.F. Sawcut, Remove, Off~ite Dispose, and
Replace Existing Monolithic Concrete
Curb, Complete in Place.
Material: Dollars
Cents
per Unit. $ $
Labor: Dollars
Cen~
per Unit. $ $
Total Bid Item #6 $ $
SIGNED
SECTION 00140 - BID FORM
PAGE 5
GATEWAY BUSINESS PARK - PHASE IIR
DRAINAGE
UNIT PRICE SCHEDULE
7 1 LS. Lower Existing 12' Water Line in Freeport
Parkway, Complete in Place
Material: Dollam
Centa
per Unit. $ $
Labor: Dollars
Cents
per Unit. $. $.
Total Bid Item ~f7 $. $.
8 3 C.Y. Encase Existing 12' Sanitary Sewer with
3000 psi Concrete, Complete in Place.
Material: Dollars
Cents
per Unit.
Labor: Dollars
Cents
per Unit. $ $
Total Bid Item #8 $ $
9 0.5 Acre Grassing, Complete in Place.
Material: Dollars
Cents
per Unit. $ $
Labor: Dollars
Cents
per Unit. $ $
Total Bid Item ~ $ $.
SIGNED
SECTION 00140 - BID FORM
6
GATEWAY BUSINESS PARK - PHASE
DRAINAGE
UNIT PRICE SCHEDULE
10 1, 176 L.F. Trench Safety, Complete in Place.
Material: Dollars
Cents
per Unit. $~ $
Labor: Dollars
Cents
per Unit. $.~ $
Total Bid Item #10 $,~
11 1 LS. Traffic Control & Signage During
Construction, Complete.
Material: Dollars
Cents
per Unit. $__ $
Labor: Dollars
Cents
per Unit. $.~ $
Total Bid Item #11 $.~ $
SIGNED
TOTAL DRAINAGE (1 THRU 11)
TOTAL MATERIALS:
TOTAL LABOR:
SECTION 00140 - BID FORM
7
GATEWAY BUSINESS PARK - PHASE
DRAINAGE ALTERNATES
UNIT PRICE SCI~I~BULE
lA 1,020 L'F. 8' x 5' Cast in Place Reinforced Concrete
Box, including Embedment, Complete in I
Place.
Material: _~Dollars
· per Unit. $ $
Labor: .~~llars
~Cents l
per Unit. $. ~ . $
Total Bid Item #lA $. ~ . $.
2A 156 L.F. 8' x 5' Precast Reinforced Concrete Box,
including Embedmen~ (Crossing Freeport /
Parkway), Complete in Place.
1
Material: Dollars
~ '.Cents
per Unit. $ ~ . $
Labor: ~ Dollars
Cents |
1
Total Bid Item ~ $ ~ $.
SIGNED
SECTION 00140 -BID FORM
TOTAL DRAINAGE ALTERNATES (lA- 2A)
TOTAL MATERIALS:
TOTAL LABOR:
PAGE 8
BID ~Y:
PART
DRAINAGE (Items 1 thru 32)
Materials:
Labor:
DRAINAGE ALT (Items lA and ZA)
Materials:
Labor:
$
$
BASE BID
TOTAL BASE BID $
Materials: $
Labor: $
Quantities are not guaranteed. Final payment will be based on qu
by measurement methods descn'bed for each work item.
BIDDER agrees that all Work will be complete within
the date when the Contract Time commences to nm as provided
the General Conditions.
BIDDER accepts the provisions of the Agreement as to liquida
event of failure to complete the Work on time.
Communications concerning this Bid shall be addressed to:
The address of BIDDER indicated below.
The terms used in this Bid which are defined in the Genera~
Construction Contract included as part of the Contract Document
assigned to them in the General Conditions.
SUBMITYED on
SIGNED
SECTION 00140 - BID FORM
$.
$
antities determined
working days after
in paragraph 2.3 of
ted damages in the
Conditions of the
have the meanings
PAGE 9
If BIDDER is:
An Individual
(Individual's Name)
doing business as
Business address:
Phone No.:
A Partnership
By.
Business address:
Phone No.:
SECTION'00140 - BID FORM
(Firm Name)
(general parmer)
PAGE 10
(Corporation name)
(state of incorporation)
(~ame of person authorized to sign)
(Corporate Seal)
Attest
(Title) '
(Secretary)
Business address:
Phone No.:
A Joint Venture
By
(Address)
(Address)
(Each joint venturer must sign. The manner of signing for each indivic
corporation that is a part to the joint venture should be in the mann,
o0o
.ual, partnership and
~r indicated above).
SECTION 00140 - BID FORM
PAGE 11
Name of Firm:
Type of Firm:
Corporation
Address:
Phone Number:
Names and Titles of Principals"
I.R.S. Number:
CONTRACTOR INFORMATION
SECTION 00140 - BID FORM
Sole Proprietorship
Other
PAGE 12
The undersigned certifies that the bid prices contained in this bid
reviewed and are submitted as correct and final. Bidder further ce:
furnish any and/or all commodities upon-which prices are extended at th
upon the conditions conta/ned in the Specifications of the Invitation to
acceptance of this bid will be 45 calendar days from the date of the
STATE OF COUNTY OF ~
BEFORE ME, the undersigned authority, a Notary Public in and for I~
on this day personally appeared
me duly sworn, did depose and say:
(name',
(name) am a duly authoriz
(name of firm
authorized to execute the foregoing on behalf of the said
(name of firm).
I hereby certify that the foregoing bid has not been prepared in coll~
Bidder or individual(s) engaged in the same line of business prior to ti
this bid. Further, I certify that the Bidder is not now, nor has bee=
months, directly or indirectly concerned in any pool, agreement or cox
control the price of services/commodities bid on, or to influence any h
not to bid thereon."
Name and Address of Bidder:
Telephone: (.~) By:
Title: Signature:
SUBSCRYBED AND SWORN to before me by the above named
~ve been carefully
ties and agrees to
price offered, and
Bid. The period of
>id opening.
le State of ,
who after being by
ed officer]agent for
and have been duly
~sion with any other
re official opening of
for the past six (6)
abination thereof, to
dividua!(s) to bid or
(print)
on this the day of
SECTION 00140 - BID FORM
,1992.
Notary Public in and for th
State of
PAGE 13
EXPERII~NCE RECORD
I.ist of similar projects your organization is now engaged in completi
address, and telephone number of owner, when completed and total
List of surety bonds in force on above uncompleted work.
$
List of similar projects your organization has successfully completed.
and telephone number of owner, when completed and total cost.
SECTION 00140 - BID FORM
ag. List name and
)st.
:t name and address,
PAGE 14
DATA SI-rFJgT SUBMITTAL INFORMATION
l.i.qt of equipment owned by bidder that is in serviceable condition and
this job.
Portions of work that bidder proposes to sublet in case of award of
subcontractor name, amount of work, and type.
SECTION 00140 - BID FORM
Lvailable for use on
contract, including
PAGE 15
NOTICE
~ FOLLOWING BLANK SPACES IN ~ CONTRACT AND BOi
BE Fl'~J,~ IN BY THE BIDDER AT THE TIME OF SUBMIITIN(
~ CONTRACT AND BOND FORMS ARE SUBMITIq~ AT
FAM~JT~T~ ~ BIDDER WITH ~ FORM OF CONTRACT Ah
THE SUCCESSFUL BIDDER WH.L BE REQUIR~r~ TO EXECUTE.
SECTION 00140 - BID FORM
~DS ARE NOT TO
ms PROPOSAL.
THIS TIME TO
D BONDS WHICH
PAGE 16
B~ OWNER AND CONTRACTOR '.
ON THE BASIS OF A STIPULATED PRICE
THIS AGltI~-~MENT is dated as of the day of
by and between the City of Coppell (hereinafter called OWNER) and
(beream'~r caUed comu~crol~).
OWN'H~ and CoN'rRA~R, in consideration of the mutual C°ven~nts he.ina
follow: ' ' .... ~" .... ' , · ~ .
Arflde L WORK. '
CONTRACTOR shall complete all Work as Specified or indiCated in the Contract
is generally de~nq~d as follows:
GRADING, PAVING, DRAINAGE, WATER AND SANITARY SEWER
The Project for which the Work under the Contract Doaunents may be the whole or
descn'bed as follows:
GATEWAY BUSINESS PARK - PHASE IB, LOCATED IN.TH~ CITY O
Article 2. ENGINI~,HR..
Albert H. Halff A.s~odates, ina
8616 NorthWest Plaza Drive
Dalhs, Texa~ 75225
The Project has been designed b~.
who is hereinafter called HNGIN~-RR and who is to act as OWNER's representative
respen.~'bi]itie, s and have the fights and authority assigned to ENGINEER in the (
connection with completion of the Work in accordance with the Contract Documen!
Article 3. CONTRACT TIME
3.1. The Work will be completed within working days from the date
commences to run as provided in paragraph 2.3 of the General Conditions,
for final payment in accordance with paragraph 14.13 of the General Conditi{
days from the date when the Contract Time commences to run.
3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time
Agreement and that OWNER will suffer financial loss if the Work is not corn
specified in paragraph 3.1 above, plus any extension~ thereof allowed in aax
of the General. Condifiom. They also recogn/ze the dehys, expense and
proving in a legal or arbitration proceeding the actual lo~s suffered by OWI~
completed on time. Accordingly, instead of requiring any such proo/~ OWNE
a~ree that as l/qu/dated damages for delay (but not as a penalty) CONTRAC'I
Two Thousand and Nofl00: ,, dollars ($ 2~000.00 ) for each day that expires
in paragraph 3.1 for Completion until the Work is complete.
Article 4. CO--CT PRICE
4.L OWNER shall pay CONTRACTOR for completion of the Work in accor
Document~ in current funds in accordance with the unit prices listed in Sec
The Contract Sum shall be the amount of $.
in the year 1992~
ter set forth, agree as
~:uments. The Work
~vlPROVEMEN'rS
only a part is generally
F COPPI:.I.T~ TEXAS
, assr{me all duties and
:ontract Docmnents in
L
~cn the Contract T~me
Ld completed and ready
~ns within working
is Of the e.~sence of this
pleted within the times
~rclance with Article 12
difficulties involved in
~ if the Work is not
~. and COKIRACTOR
OR shall pay. OWNER
afar the time specified
~nce with the Contract
ion 00140 - Bid Form.
CONTRACTOR shall submit Applications for Payment in'aceordance with Al'fi
Conditions. Applications for Payment w~l be processed by ENG~ as pr~
Conditions. ' '
5.1. Progress Payments. 'OWNER shall make progress payments on account c
the bash of CONTRACTOR's' Applications for Payment as recommended
about the - day of each month during construction as provided below. 'All
be on the bash of the progress of the Work measured by the schedule, c
paragraph 2.9 of the C-~neral Conditions (and in the case of Unit Price Wor
of units completed) or, in the event there ts no schedule of values, as px
Requirements.
$.1.1. Prior to Completion, progress payments .will be~ made in a~
percentage indicated below, but, in each case, less the ag/re/ate of pal
and le.~ such amounts as HNGIN1717R shall determine, or OV~r~
accordance with paragraph 14.7 of the General Conditions.
% of Work completed.
90 % of materials and equipment not inco~rporated in t~
suitably stored and accompanied by .documentation satisfactory to C
paragraph 14.2 of the General Conditions).
5~ Final Payment. Upon final completion and acceptance of the WOrk in aca
14.13 of the General Conditions, OWNER shall, pay the remainder of-..
recommended by ENGINEER as provided in said paiagraph 14.13.
Article 6. INTEREST.
No interest shall ever be due on late payments~
Article 7. CONTRACTOR'S REPRF_~ENTATIONS.
In order to induce OWNER to enter into this Agreement CONTRACTOR
representations:
7.1. CONTRACTOR has familiarized itseff with the nature and extent of
Work, site, locality, and all local conditions and Laws and Regulations that in.
cost, progress, performance, or furnishing of the Work.
fie 14 of the General
~vided in the General
/h-~~Contract Price on
~y ENG~ on or
f ~u~ esr4bltshed.in-
~: based on the numt~
merits previonsty made
~ n~sy withhold, in
~. Work (but delivered,
WNER as provided in
,r. dance with paragraph
the Contract Price as
makes the following
Conwact Documents,
7.2. CONTRACTOR has studied carefully all reports of explorations
conditions and drawings of physical conditions which are identified in the Sup
as provided in paragraph 4.2 of the C-eneral Conditions, and accepts the der,
paragraph SC-4.2 of the Supplementary Conditions of the extent of the tec~
such reports and drawings upon which CONTRACTOR ts entitled to rely.;
7_3. CONTRACTOR has obta/ned and carefully studied (or ~s.s-umes respons
carefully studying) all such examinations, investigations, explorations, tests,
addition to or to supplement those referred to in paralpaph 7.2 above) which 1
or physical conditions at or conti/uons tO?the site or otherwise ma,,y afft
performance, or furnishing of the Work as CONTRACTOR considers necessa
or furnishing of the Work at the Conwact Price, withi, the ConWact 'lime and
other terms and conditions of the Contract Documents, including specifk
paragraph 4~Z of the C~_ neral Conditions; and no additional examinations, inves
plementary Conditions
;nninafion set forth in
~ data contained in
;.~ for obtaining and
:.port-~, and studies (in
:rtain to the subsurface
a the cost, progress,
cy for the performance
in accordance with the
ally the provisions o£
£i/at/ons, explorations,
o
tests, reports, studies, or simil~ information or data are or will be required ~
7.4. CONTRACTOR has reviewed and 6becked all information and data sh~
Contract Documents with respect to er~is~ing Underground Facgiries at or coz
assumes resP°ns~ility for the accurate location of said Underground Fac
c~mminarions, invesrigariOm, explorations, tests, repol~, studies, or s~imilar:
respect of said Underground Facgiries are or will be required by CONTRAC~
and famish the Work at the Contract Price, w/thin the Contract Time and:
other terms and conditions of the Contract Documents, including specili,
paragraph 4.3 of the General Conditions. '
'/.5. coNTRA~oR has C~rrelated the ~ults of all such observations, i~am!
explorations, tests, reports, and studies w/th the terms and conditions of the
7.6 CONTRACWOR has given ENG~ written notice of all conflicts, errc
he has discovered in the Contract Documents and the written resolution the
acceptable to CONTRA~OR.
Article 8. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between OWNF-1t
concerning the Work consist of the following:.
8.1. This Agreement (pages 1 to 5_, inclusive).
&Z Exhibits to this Agreement (pages _ to ._, inclus'_rve) bearing the followi
8_3. Performance, Payment and Maintenance Bonds and Certificate of Insuran~
A, B, C and D and consisting of pages. ~
8.4. Notice of Award.
8_5. General Conditions (pages _1 to ~ inclusive).
8.6. Supplementary Conditions (pages ! to ~ inclusive).
&7. Specifications bearing thc title Construction Specifications and Conu
Construction of Grading, Paving, Drainage, Water and Sanitary Sewer 1
Business Park Phase IB Coppell, Texas, for the City of Coppell and consisl
Divisions 4 and Appendix A thru D as listed in the Table of Contents there
8.8. Drawings, consisting of a cover sheet and sheets numbered FP-1, SC-I, P
DA-lB, DA-2 & DA-3, D-1 through 9, TGI, WS-1 through 4, SD-1 throu~
$D-12, SD-13A, $D-14 through 18, SD-20 through 22, inclusive with each she
general title: "Grading, Paving, Drainage, Water and Sanitary Sewer h
Business Park, City of Coppell, Texas Phase IB.
8.9 The following listed and numbered Addend~ '
8.10. CONTRACI~R'S Bid (pages 1 to 33, inclusive) marked Division
Documents Section 00140-Bid Form.
8.11. Documentation submitted by CONTRACWOR prior to Notice of J
inclusive) bearing the following general rifle:
[.CONTRACTOR for
~,n or indicated on thc
.tiguous to the site and
ilifies. No additional
nformafion or data in
)R in order to perform
n accordance w/th the
ally the provisions of
nation~; illvesrigations,
Contract Documents.
rs or discrepandes that
reof by ENGINEER is
and CONTRACTOR
ag general rifle.
~, identified as ~:xh~its
act Documents for the
mprovcments Gateway
ing of Divisions 0 thru
off
-1 through 5, DA-lA &
13, SD-7, SD-9, SD-10,
et bearing thc following
~provements", Cvateway
)-Bidding and Contract
~rard (pages __ to ,
The following which may be delivered or fssued after the Effective Datetof.th~Agreem. ent
and
are not attached hereto: All Wriuen Amendments and other documents a~ending, modifying~ or
supplementing the Conwact Documents pu~uant to paragraphs 3.4 and 3~ of t~ ~e General Conditions.
8.13. The documents listed in para rap ~ et seq. above are attached to this Agreement (except as
expressly noted otherwise above). . :%
There are no Contract Documents other than those listed above in- fhi~ Al'title & T~ ~ C~ntragt Doolments
only be mended, modified, ar supplemented as provided in. paragraphs 3.4 ~'~.~.~.5 of the General
lnay
Condi~ons ........ ~
Article 9. MISC~.T.T .ANEOUS.
9.1. Terms used in thi.~ Agreement which are defined in Article! of the Gener, fl Conditions ~ have
the meanings indicated in the General Conditions.
9.2. No a~si~o~ment by a party hereto of any rights under or interests in the Cc ~wact Documents w~l
be binding on another party hereto without the written consent of the party sc ught to be bound; and
spec/fically but without limitation moneys that may become duo and moneys ~1 mt are due may not be
assigned without such consent (except to the extent that the effect of this resl
by law), and unle~ specifically stated to the contrary in any written consen
assi~onment wili release or discharge the a~ignor ~rom any du~] or respons~i]
Documents.
9.3. OWNER and CONTRACTOR each bind~ itseff, its partners, success
representatives to the other party hereto, its partners, successors, a~igns and
respect of all covenants, agreements and obligations contained in the Contra
fiction may be limited
: to an assignment no
ity under the Contract
~rs, assigns and legal
~ga~l~ representatives in
'Documents.
O
o
Article 10. OTHER PROVISIONS.
IN W1TNE.SS ~OF, OWNER and CONTRACI~R have signed tiffs Agreex~
counterpart each has been delivered to OWNER, cO~CI~R and HNO~t
Contract Documents have been signed or identified by OWNER and CONTRACTOR
their behalf_
This Agreement will be effective on
OWNER:
CITY OF COPP~-I.I.
P.O. BOX 409, 255 PARKWAY BLVD.
COPP~.I.I., TEXAS 75019
TITLE:
ATTEST:
Address for giving notices:
CONTRACTOPc
If 0WNEK is a public body, attach evidence of
authority to sign and resolution or other documents
authorizing execution of Agreement.)
~nt in triplicate. One
All portions of the
or by ENGINEER on
BY:
TITLE:
ATTEST:
Address for giving notices:
orporafion attach evidence of
_ (If Contractor is a C
authority to Sign.)
5
Construction Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be coasidered pk
CONTRACTOR (Name and Address):
OWNER (Name and Address):
~ONSTRUCTION CONTRACT
Date:
Amount:
Description (Name and Location):
--BOND
Date (Not earlier than Construction Contract Date):
Amount: '
Modifications to this B.ond Form:
CONTRACTOR AS PRINCIPAL
Company:
S U RETY
(Corp. Seal) Company:
Signature:
Name and Title:
SURETY (Name and Principal P
Sig. nature:
Name and Title:
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company:
Signature: Signature:
Name and Title: Name and Title:
o
a! wherc ao~licable.
El'CDC No~: 1910-28A (1984 Edition)
Prei~ared through thc joint efforts of The Surety Association ol' America, Engineers' J, oint Contract Documents Corem
General Contrac:ors o1' America. and tke American Institute o[' Architects.
ace of Business):
tee. The Associated
(Cot.c,
(Corp.. Seal)
I. The Contntctor and th,: Suret?:.jointly and severally, bind them]selves.' ' 6[ Ai'tdr'thc Or. ncr has 't~rmin:~tcd the ~
ihdf heirs, executors, administrators, successors and assi,,:ns to the Ov.-ncr
for Ibc pell'ormancc of the ConMruction Contritct. whic,~ is
hc~in by r~rcrcnca.
2. irthe Contractor performs the Construction Contract. thc Surety and
the Conm~ctor shall have no obligation under this Bond. except lo par-
~ici~.~tc in conferences as provided in Subp;t~graph 3. I.
5. R' there is ac Owner Default. thc Surcty's oNigation under this Bond
~[! arise after:
3-1. ThcOwncr has notified the Contac:or and t~c Surety at its address
described in P=~gmph l0 below, that thc Owner is considcrin:
declaring a Contractor Default and has requested and attcmptc~
to ar~ngc a conference with the Cont~ctor and the Surety
held not later than fifteen days after receipt of such notice to
discuss me~hods of ~ormlng the Construction Contract. If thc
Owner. thc Cont~ctor and thc Surety agree, the Contractor shall
bc allowed a reasonable time to pcgorm the Conat~ction Con-
tract, but such an agreement shall not waivc thc Owner's right, if
any. subsequenHy to dcclarea Cont~ctor Default: and
3.2. Thc Owner has dcclurcd a Contractor Default and formally ~cr-
minatcd the Com~c~or's right to comp!cie the contract. Such
Contractor Default shall not be declared earlier than twenty days
after the Cont~ctor and thc Surely have received notice as pro-
vided in Subpa~graph 3. I: and
3.3. The Owner has agreed to pay the Balance of the Contract Price
- to Iht Surc~y in accordance with the terms of thc Construction
Contract or to u contractor selected to pe~k~rm thc
Conm~ct in accordance with the terms of thc co~ll~tgt with the
Owner.
~. When the Owner has satisfied thc conditions of Paragraph 3. thc Surety
sk~!l promptly and at the Surcty's expense take one of the following
:c~ions:
4. I. ArranDc Eof thc Core--tot. w~h con,cra o~[hc Owner. m perform
and complete ~hc Co~trucfion Cum~c~: or
· .]. Under~a~¢ ~o pc~arm ~nd ¢omplc:~ [hc Cons~ruc~km Camnac~
~¢ccp~ublc '~ [hc Owner :~r a con~ruc~ lot pc~orm~nc¢ and cam-
[he bonds issued on Ibc Construction Conm~¢:. ~d
Owner ~hc amoun~ of d~m~es us dcscri~e~ in Par~r~oh
e~ccss o~hc Bail,cc oF~hc Comram P;[c~ ~c~rrcd by~h¢'Ow~cr
or obtain a new contractor and with r~asonabie promptness under
the cirqum~;ances:
I. After inves:iga:ioa, de,ermine :he amount for which it may
liable ;o the Owner and. as soon as practicable after t~e amou=;
is de:crmlned, tender ~ayment therefor ;o the Owner: or
2. Deny ii=bility in w~o!e or in par: and notify ;he Owner citing
reasons t~crefor.
5. if the 5ure:y does not pr~e=~ as provided in Paragraph 4 with reason-
aNe prom~mess, ihe Surety sMll be deemed to be in dethul~ on this Bo,d
al:cea d;tys after rc:~ipt of nn additional writ;er notice fi-om the Owner
Io ~qe Surety demaoding ;hat the Surety pe~Drm its o~lig:aions under this
Bond. and t~e Owner shall De entitled to enforce any remedy avaik;ble
~he Owner. Ir the Surety pr~eeds as provided in 5~bp;[rag~a~h 4.4. and
!~¢ Owner refuses the payment tendered or ;he Surety has denied liabilkv.
in whole or in ~ar:. without l~r;her notice the Owner shall be entitled
enforce any remedy avaiiable to the Owner.
Com;tructitm Contract. and if thc Surety
4. I. 4:2:or~4.3 above, then thc
shall not be greater Ihnn those re'thc Cc
Contact. and thc responsibilities gl' the
greater than those of the Owner under th
limit o(the amount oflhi~ Bond. but subj.
of [~e Bal;tng¢ of Ih¢ Con:rac~ Price (o
on :he Ctmstruc~ion Coma;g:. the Surct~
(or: '
6.1. Thc rc~oc~ibHk[~ oC ~h~ Con(r
work and compic:iun of the Con:
62. Addition:ti legal, design profess
from thc Contractor's Dot, ult. a
failure to act of the Surety under
6~. Liquidated damages, or if no liq,
Ibc Conslruction Cont~¢l. actt
perform~ce or aon-per:~rmanct
T. ~ne Surety shall not be liable to the O
the Contractor Ihnt arc unrelated to thc
Buhmcc of the Conm~g~ Price shall not
o~uny such unrektted obiigations. No ri
Bond to any person or entity other than
ad~inislra:ors, or
8. Uae Surety hereby waives notice of
time. to the Construction Contract or
orders and oH~er oNigations.
9. Any proceeding, legal or equitable, tu
in uny court of competent jurisdiction i~
or pan of ~h¢ work is located and shall be
Coa~ctor Default or ~vithin two years a~
in~ or within two veais after the Surer,
~his Paragraph are void or prohibited
limit:t~ion available to surc~[cs as a
~hali bc applicable.
10. Notice to thc Surc:v. t~e Owner or t
ddlvcrcd to thc address skowa on the
Il. When t~s Bond has been furai~l~ct
other legal requirement in ti~c location ~;
gc~tmcd, anv ~rovisioa i~ t~is Bond c
/otming to su:h 5taLu~oc.' or. other Icg:
inco~onued herein. Thc in;ca: is :hat ti
~;:tu~ory bond and not as a common
12. Definitions.
IZ. I. Balance o~ t~c Con:rzc~ Price
Owner to the Contac:or undm
all proper ad~us:mcnt~ have bc
thc Comractor o~ any amount
thc Owner in ~e~:~cment of ins
ages ro w~ic~ :he Con:~ctor
and ffro~cr ~;=ymeat> made to
under t~c Cons:~dc~ion Contra
12.2. Construction Contract: T~c
thc Contrac;or idea:tried on t
Contruc; Documents and chun
12.3. Contrite;or Default: Failure oft
been remedied nor wi:ivc~, to
with thc ~crms ct' :kc Construe
12.4. Owner Dclhuk: Failure of Ibc
remedied nor waived, to pay ti
Construction Contnac; or to p,
with thc other terms thereof.
(FOR INFORMATION ONLY--Name, Address and Telephone)
AGENT or BROKER:. OWNER'S REPRESENTATIVE (Architect. Er!
antr~clor's right to complete
:lent.- :o ac: under Subparag.~tph
lilies cf the Surety [o th;: Owner
ntctc:or under thc Constr:.:ction
)whet to thc Surely shall not be
c Cons:mc:ion Con',ri:ct. To the
:ct to commim:ent by the O,'. ncr
nitig:::ion of co,ts and dan:iago..,
is ob)inured v,-i:hout d".riica:ion
xctor :'or corrc,::ion o( dcfectivg
traction Contract:.
ional and dctay costs resulting
nd rcsu~tinc from :he ac:ions or
Parae:'aoh .4: and
[idatcd damacc:, are spccif, ed in
al damages ~aused by deist:ed
of the Contractor.
tvner or others ;'or obligations of
Construction Contract. and
e reduced or set off on account
ht of ac:ion shall acc.'dc on this
se Owner or its heirs, execrators.
ay change, including changes of
relsted :~u~,cont~ac:s.
Mcr this Bond m;ty bc instituted
thc location in v. lh[¢h the work
instituted v.-ithin two years after
icr thc Contractor ceased work-
rei'usei or fails to pe.":'or,'n its
,ccurs ~rst. If ~he provision.,, of
la,.,.', thc minimum pe£od
~c in :he jurisdiction of :Y.e suit
~c Con:n:c:or sl;all bc maiic;J or
:nature
-to ccmpiy '-~:,.. a >:a:u:cry or
here :hg
mn!!ic:ir,~ :vi:k..~=id -_aa;u:,.':-': or '
d here:'rom
i rcq.::e.,.=...
bond.
l-he :oral amour;: .~ay:.:die 7y -'.he
the Construction Con;tar: after
:n made. including silo's anna to
; recei'.eu o. to ac r~.e:.=.,
.lrancc or other claims (er d;:m-
is en;k'.ed, reduced 5y al! vaiid
or on be?:.a{~' or' :~.e Con:rat:or
'cement be:ween the 0~
~c signature page. ir. eluding at!
~cs thereto.
3crfcrm or other:vise v..',
iion Contr-,-ct.
Owner'. which ~-"-s nci:her b¢.:':~
,c.Comrac:or as required by thc
:ri'cfm and complete or
inter or other party}:
Cons uction Pa) nent Bond
Any singular'reference to Coniraistor,'Surety, Owneior other party shall be considered piu
wher~ applicable.
CONTRACTOR (Name and Address):
SURETY (Name and Pdacipal P ace of Business):
--O~,~"NER (Name and Address): -'~:
CONSTRUCTION CONTRACT
Date:
Amount:
Description (Name and Location):
-- B6ND
Date (Not earlier than Construction Contract Date):
Amount:
Modifications to this Bqnd Form:
CONTRA. CTOR AS P.RINCIPAL
Company:
SURETY
(Corp. Seal) Company:
Signature:
Name and Title:
Signature:
Name and Title:
(Corp.
CONTRACTOR AS PRINCIPAL
Company:
Signature:
S U RETY
(Corp. Seal) Company:,
Name and Title:
Signature:
Name and Title:
O
(Corp,. Sea[)
E.ICDC No. 1910-28B (19B4 Edition) ·
Prepare.d through thcjolnt efforts of the Surety Association of Amcrica. Engineers' Joint Contract DOcuments
General Contrac:ors of America. American Institute of Architects. American Subcontractors Associa?on. and :he A:
Cmuractor~.
~ittee. 'D..e Associated
Specialty
I..'i~.e Contractor and the Surcty. joindy and severally, bind them s¢!vcs. - and to satisfy claims, if any: tinder any (
thc~r heirs, executors, administrators.succ=ssors and assi,'ns to th~: Owr:cr . By the Con:ran:or fu,"aishine and
to pay for labor, materials and cquipmem Furnished for u'se in thc pcffor- ag;cc that all Funds ear::..cd by the Cont~
mancc of the Constructi6n Con:fac:. which is incorporated herein by
reference. .
2. With respect to the Owner. this obligation shall bc null and void il'thc
Contractor:
2.1. Promptly ma.kcs payment, directly or inditer:fy, for all sums due
Claimants. and
2.2. Defends. indcmnifics and holds harmless the Owner From :ill claims.
demands, lings or suits by any person or entity who Furnished
: labor, materials or equipment for usc in Ibc performance of the
Construction Contract. provided the O`,,.'ncr has promptly notified
thc Contractor and the Surety (at the address described in Para-
graph 12) of any claims, demands, liens or suits and tendered.
defense of such claims, demands, liens or suits to thc Contractor
and the Surety. and provided there is no Owner Default.
3. With respect to Claimants. this oblieation shall be null and void if the
Comae:or promptly makes payment. ~[/rectly or indirectly, for all sums
duc.
4. T'ne Surety shall haw no obligation to Claimants under this Bond until:
4.1. Claimants who are employed by or have a direct contract with
the Contractor have given notice to the Surety (at thc address
described in Paragraph 12) and sent a copy. or notice thereof, to
. thc Owner. stating that a claim is brine made under this Bond
and. with substantial accuracy, thc amora of the claim.
4.2. Claimants :,.'ho do not have a direct contra.:: with thc Contractor:.
h Have furnished written notice to the Contr, ctor and sent a
copy. or notice thereof, to the Owner. within 90 days after
having last performed labor or last furnished materials o'r couip-
mcat included in thc claim stating, with substantial accur~acy.
the amount of the claim and the name of the party to whom
the materials were furnished or supplied or for whom th,: labor
was done or pc;formed: and
2. Have either received a rejemion in whole or in part from the
Contractor. or not received wkhin 30 days of Furnishin~ the
above notice any communication From thc ~omractor by ~'hich
thc Contractor has indicated the c!a/m '.,.'/if be paid dir~ct!y or
indirectly: and
3. Not having been paid within the above 30 days. have sent a
wrk:en notice to thc Surety (at thc address described in Para-
graph 12~ and sent a copy. or notice the;eof, to thc Owner.
stating that a claim is being made under this Bond and cnc!osine
a copy of t~e previous written notice ,"urnhhed to the Con'-
tractor.
5.. If-~ notice required by Paragraph 4 is -~ive~ bv ,.he Owner to the
Contractor or to thc Surety. ~hat is sufficient'compliance.
$. ~,~,','hcn the Claimant has satisfied the conditions of Para~raph ~. the
Sa;cD' shall promptly and at the Surcty's expense take t,(.c followin~
-
6. L Send an answer ~o the C~aim~nt, with a copy to :he Owner. within
4:5 days after recsipt o~ the claim, su, ting :he a~ounts tho,', arc
undisputed and thc basis For challenging any amounts that are
disputed.
6.2. Pay or arrange For payment of any undisputed amounts.
7. T'n.e Surety's total obligation shall not exceed the amount of this Bond.
and :,ge amount o£ this Bond shall be credited Fo: any paym, ents made in
good faith by thc Sar:ry.
8. Amounts owed by ~hc Owner to the Contractor under :he Construction
Contract shall be used for the performance of the Construction Contract
Construe:ion Con:ran: arc dedicalcd
I~clor and the Sure:y u=dcr ihi~ Bond.
to usc thc funds for the coat, in:ion
9. l'h,e Surety shall not ~e fir,bio to thc
obliF:ations of the Coma';.::or that arc
tr.:ct. The Owner shail no; bc liable for p
of any Cl:fimant under ::':is Bond. and
obiigations to make p::ymen:s to. =_.irc m
h-'ye obligations to Claimants under this
Itl. Th,: Surety hca'cby x~--,ives not/cc of
time. to thc Construction Contract or
orders and other
! I. No suit or action shall be commence
other than in a court of competent jurisdi,
work or part of ~he work is located or
from thc date (I I on v.'b. ich the
Subparagraph a.I or C:aase -'.2 (iii). or
sen'ice was performed bv anyone or thc
furnished by anyone uncle; the Construe
or 12} first occurs. If:he .:rovisions of this
by law. the minimum period of limitation:
in :he jurisdiction of the s~it shall be app
· 1_2. Notice to the Surety. :he Owner oc ti
delivered to thc address sho,.vn on thc si
notice by Surety. the Owner or thc
shall be sufficient compliance as of the dw
on the signature page..
13. When this Bond his been furnls~m
other legal requirement ia thc
pca'ormcd, an}' provision in :his Bond c,
legal requirement shaii be deemed
forming to such s~a:u:or'..' or other
incorpor:4tcd herein. The {ntcnt b,. thai'al'
sla:utory bond and not as a common law
I.;'.. Upon request by Oaf person or eat
be=cficiar,/of this Bo~d. :?.e Contractor
:his Bond o~; shall permi: a copy to be m=
15. DEFi.N'ITIOSS
15.1. Claimant: An i.-.d!vidual or emit
the Contractor or with .n subo
furnish labor, ma:eEais or equlpl
of the Camac:. The ia:eat of this
limitation in :he :eras "la,or. m:
or' water, gas. ~o:vcr. light, heat.
or rental equip,men: used in thc
rural and cngi.'.:ering ~ervices
work of the Con:r-"::or and thc
all other items .~c: which a mecl
the jurisdiction ab, ere -:he labor
furnished.
15.2. Construe:ion Cent;ac:: The
thc Contractor i,2en:i;Sed on
Contract Dcc::m~..'::s and
15.3. Owner Defa,_'R: Failure of the'
remedied nor :vv. ived. to .~.~y
Construe:ion Con:fact or to per
v.ith the other terms thereof.
Performance Bond.
. this Bond. they
the performance uf the
safisO obligations of :he Con-
eot to the Owner's pr!ri;eLy
~,,'nc;. Claimants or othe.'>;.' for
t~c Construe:ion Con-
lymcn: of:my cosL, t or cxpcnse~
shall have under Ihis Bond no
R~CCS on bob;rtl' of. or othcrwL, ie
Bond.
nv chance, includin~ chun:cs of
related subcontracts, purchase
by a Claimant under this
in thc location in which the
the expiration of one year
cave the notice required by
.on which thc last labor or
st materials or equipment
:ion Coat=ct. whichever of {I~
=n are void or prohibited
ivailable to sa;eries as a d e."ens:
i/cable.
m Contac:or shall be re=ri!ed or
.,_.nature page. Actual receipt of
rector, however accomplished_
received at the address shown
.o comply with' a stain:Off or
1crc the construction was :o
mtlic:iag with said stain:orr or
J herefrom and provisions cra-
re=ut;caen: s~at! F.c deemed
is song ~hall ~c con>~rucd ."~
bond.
ty a.~pea~v.g ia be a
hall prom=:[y furnish a cop'..'
de.
havi~c a der:c: can:rat:
of the Coy. trot:or lo
neat for usc in :~c
Bond shaii be :o inch:de = i:hot::
tterials or equipment" t~=: paa
oil. gasoline, te{cphone service
onstraclion eom;act.
:quired For pe~ormaace of :he
}ntr:c:or's so,contac:ors.
lien ma'..' be asser:e'2 ir.
ma:er!a!s ar equip:me;.:
:mc=: b¢:'.vcea the Owner =ad
signature pa.z~, inc:udir..= ag:
thereto.
Contr"c-.er =s required :.'..'
and complete or comply
(FOR INFORMATION ONLY--Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect. End nee; or other part'.,'):
Certificate of Insurance
(Please Use This Form or Approved Equal)
TO: Date
Project No.
Type of
Owner Project
Address
THIS IS TO CERTIFY TI-IA~
(Name and address of insured)
is, at the date of this certificate, insured by this Company with respect
operations hereinafter descn'bed, for the types of Insurance and in accor
provisions of the standard policies used by ti'tis Company, and further hercki
Exceptions to standard policy noted on reverse side hereof.
Policy No.
Worker's
Compensation
TYPE OF INs~cE
Effective ~xoires Limits of Liability
Public
Liability
Contingent
Liabiliw
Property
Damage
Builder's
Risk
Automobile
Other
The foregoing policies (do) (do not) cover all sub-contractors.
Locations Covered:
Descriptions of Operations Covered:
The above referenced policies may not be changed, cancelled, or r(
without at least thirty (30) days advance written notice of such change or
given to the Owner.
Where applicable local laws or regulations require more than thirt
of change or cancellation to the insured, the above policies co~
requirements, either in the body;thereof or by approp,,riate endorseme~
Name of Insurer
By
Title
iuced in coverage
cancellatimi bci,,g
days actual notice
tain such special
thereto ati:.~chcd.
L
.. respect to its.completion or modification.
Engineers'
STANDARD :-'..,' ~*-i ?..-: ::
GENERAL CONDITIONS-
OF THE
CONSTRUCTION CONTRACT
Prepared by
Joint Contract Documents Comm
and '
Issued and Published Jointly By'
I soam or I
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
. A practice dMsion of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
AMERICAN CONSULTING ENGINEERS COUNCIL
AMERICAN SOCIETY OF CIVIL ENGINEERS
CONSTRUCTION SPECIFICATIONS INSTITUTE
This document has been a-ppmvcd and endorsed by
General '~.¢,~ Contractors of America
The Associated ~
These General Conditions have been prepared for use with the Owner-Contracta
1910-8-A-1 or 1910-8-A-2, 1983 editions). Their provisions are interrelated and a
necessitate a change in the others. Comments concerning their usage are coritained
on Agreements for Engifiee[ing Services and Contract Documents, No.' i910-9
guidance in the preparation of Supplementary ~'~aitio~ni,''see Guide to the Pre
mentary Conditions (No. 1910-17,- 1983 e~tion). When bidding is involved, the
Instructions to Bidders (No. 1910-12, 1983 edition) may be used.
No. 1910-8 (1983 Edition.)
ttee
Agreements (No.
hange in one may
in the Commeatary
v1981 'editi~x. For
,aration of Supple-
Standard Form of
~1983 National Society of Professional Engineers
2029 K Street, N.W., Washington, D.C. 20C~6
American Consulting Engineers Council
1015 15th Street, N.W., Washington, D.C. 2C005
American Society of Civil Engineers
345 East 47th Street, New Yorl~, NY 10017
~' Construction Specifications Institute
601 Madison St., Alexandria, VA 22314
TABLE OF CONTENTS OF GENERAL CONDITIONS
Article
Number
1
2
3
Title
DEFINITIONS .....................................................
PRELIMINARY MATTERS ........................................
CONTRACT DOCUMENTS:
INTENT, AMENDING PaND REUSE .............. ;: ...............
4 AVAILABILITY OF LANDS; PHYSICAL CONDITIONS:
REFERENCE POINTS ..............................................
5 BONDS AND INSURANCE ..; .....................................
6 CONTRACTOR'S RESPONSIBILITIES ............................
7 OTHER WORK .....................................................
8 OWNER'S RESPONSIBILITIES ....................... : ............
9 ENGINEER'S STATUS DURING CONSTRUCTION ..............
10 CHANGES IN THE WORK .........................................
11 CHANGE OF CONTRACT PRICE ..................................
12 CHANGE OF CONTRACT TIME ...................................
13 WARRANTY AND GUARANTEE; TESTS AND
INSPECTIONS; CORRECTION, REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK .................
14 PAYMENTS TO CONTRACTOR AND COMPLETION
15 SUSPENSION OF WORK AND TERMINATION .................
16 ARB ITRATION ............. ' .......................................
17 MISCELLANEOUS ..............................................
Page
7
10
11
14
18
19' ,
1.9
21
21
24
24
26
*_9
31
32
INDEX TO GENERAL CONDITIONS
Article or Paragraph
Number
Acceptance of Insurance .. ............................. 5.13
Access to the Work .................................. 13.2
Addenda--definition of(see definition of
Specitications) ........................................ I'
Agreement--definition of ................................ 1
All Risk Insurance ..................................... 5.6
Amendment, WHtten ............................. 1,3.1.1
Application for Payment-'definition of ..... ' ....... 1
Application for Payment, Final ...................... 14.12
Application for Progress Payment .................... 14.2
Application for Progress Payment--review of .... 14.4-14.7
Arbitration
Authorized Variation in Work ......................... 9.5
Availability of Lands .................................. 4.1
Award, Notice of---defined ............................. . 1
Before Starting Construction ...................... 2.5-2.7
Bid--definition of
Bonds and Insurance--in general ........................ 5
Bonds--definition of ..................................... 1
Bonds, Delivery of
................................ 2.1,5.1
Bonds, Pegorrnance and Other .................... .5. i-5.2
Cash Allowances ..................................... I 1.8
Chanve Order---definition of
Change Orders--to be executed ...................... I0.4
Changes in the Work ................................... 10
Claims, Waiver of--on Final t~ayment ............... 14.16
Clarifications and Interpretations ...................... 9.4
Cleaning ............................................. 6.17
Completion ............................................. 14
Completion, Substantial ......................... 14.8-14.9
Conference, Preconstruction .......................... 2.8
Conflict, Error, Discrepancy--Contractor
to Report 2.5, 3.3
Construction Machinery, Equipment, etc .............. 6.4
Continuina Work
Contract Documents--amending and
supplementing .................................. 3.4-3.§
Contract Documents--definition of ...................... 1
Contract Documents--Intent ...................... 3.1-3.3
Contract Documents--Reuse of ....................... 3.6
Contract Price, Change of .............................. l I
Contract Price-:-definition
Contract Time. Change of 12
.Contract Time, Commencement of .................... 2.3
Contract Time--definition of
Contractor-definition of
Contractor May Stop Work or Terminate ............. 15.5
Contractor's Continuing Obligation .................. 14.15
Contractor's Duty to Report,Discrepancy
in Documents .......... ,i ....................... '2.5~' 3.2
Contractor's Fee--Cost Plus ... 11.4.5.6, 11.5.1, I 1.6-11.7
Contractor's Liability Insurance ....................... 5.3
Contractor's Responsibilities---in general ' ' ' 6
~ · -.- -.. :':. .: '.-.
"i~ ~:' ' "' ': ' ' ' ,:7'.',
Contractor's Warranty of Title i 4.3
Contractors---other 7
Contractual Liability Insurance 5.4
Coordinating Contractor---definitio~ of ................ 7.4
Coordination
Copies of Documenm
Correction or. Removal
Correction' Period, One Year
Correction, Removal
WOrkBin general , .
Cost--net decrease
Cost of Work
Cost~, Supplemental. ..........
7.4
Work ........... 13.11
.......... 13.12
of Defective
13.11-1.3.14
11.6.2
11.4-11.5
11.4.5
Day--definition of. 1
Defective---definition of 1
Defective Work, Acceptance of .............. 13.13
Defective Work, Correction or of .......... 13.11
Defective Work-i-in general ...... 13.14.7, I4. I 1
Defective Work. Rejecting ........................... 9.6
Definitions 1
Delivery of Bonds ............ ; ................. 2. I
Determination for Unit Prices 9. I0
Disputes, Decisions by En_~neer .......... 9.11-9. I2
Documents, Copies of ~"
Documents, Record 6.19
Documents, Reuse 3.6
Drawings----definitio,n of I
Easements a. 1
Effective date of A~eement---defin ion of ...............1
Emergencies 6.22
Engineer--definition of I
Engineer's Decisions .......................... 9. I0-9.12
Engineer's--Notice Work is Accept~ ble ............. 14.
Engineer's Recommendation of Payr ...... 14.4. 14.13
Engineer's Responsibilities, Limitati
on ............................ 6.6.9.11.9.13-9.16
Enaineer's Status ~uring Constructi()n~in general ...... 9
EqUipment, Labor, Materials and 6.3-6.6
Equivalent Materials and Equipment .................. 6.7
Explorations of physical conditions
Fee, Contractor's--Costs Plus
Field Order--definition of
Field Order~issued by Engineer
Final Application for Payment
Final Inspection
Final Payment and Acceptance
Final Payment, Recommendation of
General Provisions ....................... 17.3-17.4
i3eneral Requirementa~definition of ..................
General Requirements--principal
references to ........ ' 2.t. 4.4.6.4. 6.6-6.7, 6.23
4 '. '- :' :"~"'"""Y' ' /'
11.6
l
3.5. I. 9.5
14.12
14.11
................ 14.13
........ 14.13-14.14
Guarantee of Work--by Contractor ............ :..'..:~ 13.1 :Payments to Contractor--withhold ng '~.U::q~;%.:.~;. 14.7
Perform~ince and other Bonds :. ,..., :, ;.'; ...... : .;, 5.1o.-
..,,,..:.,..;..A:};, 6.1.3
Indemnification ..: .............................. 6.30-6.32; Permits '~ ............... ;... ......
Inspection, Final ................................. ~.. 14.11 Physical Condtttons .......... , ...... ';.: ...................
· Ph~tsica! Conditions--Engineer's re view-.'...: ........ 4.2.4
Inspection. Tests and .................................. 13.3
Insurance, Bonds and--in general ....................... 5
Insurance, Certificates of ........................... 2.7, 5
Insurance--completed operations ...................... 5.3
Insurance, Contractor's Liability ...................... 5.3
Insurance, Contractual Liability ....................... 5.4
Insurance, Owner's Liability .......................... 5.5
Insurance, Property ............... : .............. 5.6-5.13.
Insurance Waiver of Rights ..... ~ ................... 5.11
Intent of Conu~ct Documents .................. . 3.3, 9~14
Interpretations and Clarifications ......................9.4
Investigations of physical conditions ................... 4.2
Labor, Materials and Equipment .................. 6.3-6.5
Laws and Regulations--definition of ..................... 1
Laws and Regulations---general ....................... 6.14
Liability Insurance---Contractor's .................. :.. 5.3
Liability Insurance---Owner's ......................... 5.5
Liens~definitions of ................................ 14.2
Limitations on Engineer's
Responsibilities ..................... '6.6, 9. I I, 9.13-9.16
Materials and equipment--furnished by Contractor .... 6.3
Materials and equipment--not
incorporated in Work .............................. 14.2
Materials or equipment--equivalent ................... 6.7
Miscellaneous Provisions ............................... 17
Multi-pn.'me contracts ................................... 7
Notice, Giving of ..................................... 17.1
Notice of Acceptability of Project ................... 14.13
Notice of Award~definifion of .......................... I
Notice to Proceed---definition of .................... : .... I
Notice to Proceed--giving of .......................... 2.3
"Or-Equal" Items ..................................... 6.7
Other contractors ....................................... 7
Other work .............................................. 7
Overtime ~Vork--prohibition of ........................ 6.3
Owner--definition of .................................... I '
Owner May Correct Defective Work ................. 13.14
Owner May Stop Work .................. i ............... 13.10
Owner May Suspend Work, Terminate .......... 1~.1-15.4
Owner's Du_ty to Execute Change Orders ............. 11.8
Owner's Liability Insurance ........................... 5.5
Owner's Representative--Engineer to serve as ........ 9.1
· Owner's Responsibilities--in general .................... 8
Owner's Separate Representative at site .: ............. 9.3
Partial Utilization .................................. 14.10
Partial Utilization---definition of ......................... I
Partial Utilization~Property Insurance ............... 5.15
Patent Fees and Royalties ............................ 6.12
Payments, Recommendation or' ........... 14.4-14.7, 14.13
· 'Payments to Contractor--in general ......... ' ..... 14
Physical Conditions--existing stru(
Physical Conditions--explorations
Physical Conditions--possible too
Physical Conditions--price and tim
Physical Conditions--report of tiff
tures i...~,.i ..... 4.2.2
and reports ....... 4.2.1
tment change ..... 4.2.~ .
e adjustment~ .... 4.2.5
:ring ..... ........ 4.2.3
Physical Conditions-=-Undergroun(. Facilities .......... 4.3
Pr:construction Conference -' : .... ' 2.8
...... ~. ;..-d ...... :;*
Preliminary Matters ...................... ~ .................
Premises, Use of ............ ; ....... ........... 6.16-6.18
Price, Change of Contract:, .......... ~ ~ .... : ..........11
Price-Contract--definition of ............. i~ .... ' ........1
Progress Payment, Applications fo ' ' . .......... t4.2
Progress Payment--retainage ..... ' '
Progress schedule ............... 2.6, 2.9, 6.6, 6.29, 15.2.6
Project4efinition of ..................................... 1
Project Representation--provision for ................. 9.3
Project Representative, Resident-- definition of .......... 1
Project, Starting the ................... ~ ............... 2.4
Property Insurahce ............................... 5.6-5.13
Property Insurance--Partiai Utiliz: trion ............... 5.15
Property Insurance--Receipt and a ippl!cation
· : ' - 5.12-5.13
of Proceeds ....................... : .... ~ .......
Protection, Safety and .......... :~ ... ;....'.:...-. 6.20-6.21
Punch list ........................................... · 14.11
Recomhaendation of Payment ... ::...;-. ..... 14.4, I~.1~,
'Record Documents ................................. 6.19
Reference Points : ........................................
Regulations, Laws and .......................... i .... 6.14
Rejecting Defective Work ............................. 9.6
Related Work at Site .............................. 7.1-7.3
Remedies Not Exclusive ............................. t7.4
' Removal or Correction of Defecti,
Resident Project Representative--
Resident Project Representative--
Responsibilities. Contractor's--tin
Responsibilities, En~neer's---ir~ g,
Responsibilities, Owner's---in gen,
e Work ........... 13.11
definition of ........... I
provision for ........ 9.3
general ...............6
:neral ................. 9
:ral ..................... 8
Retainage ............................................. 14.2
Reuse of' Documents ................................... 3.5
Rights of Way .......................................... 4.1
Royalties, Patent Fees and .......... ................ 6.12
'Safety and Protection ................... ] ......... 6.20-6.21
Samples .......................................... 6.23-6.28
Schedule of progress ........ 2. 2.8-2.9, 6.6, 6.29, 15.2.6
Schedule of Shop Drawing
submissions .................... 2.6.2.8-2.9, 6.23.14.1
Schedule of values ........................ .*_.6, 2.8-2.9, 14.1
Schedules, Finalizing ................................... 2.9
Shop Drawings and Samples .................... 6.23-6.28
Shop Drawings--definition'of ................ : ............ I
Shop Drawings, use toapproue
substitutions .................
-' ....'--". ' :~5 -. ":':- :"!7<:"-:':" '"' ~- ':
. ...-::.-,. .... '.... ..... ..: . -... 5.. '
..................... 6.7.3
Site. Visits to---by Engineer ................... : ......~ 9.2 : T~me,'Computation of .,, ....... 17
Specifications--definition of ................ , ...... ',...~. I -~' Time. C0ntraCt---definitionof.;;:.::,.::..;, .'; ' '
Startin,, Construction, Before. . ~3-~ 8
Starting the Project ..., ......... ~ .........i ............ 2.4. i~!~ unC°i/erini~ WOrk. ~... i ..... J..~...- ............... 13.$-13.9
Stopping Work--by Contractor ....................... 15.5 Underground Facilities--definition of .....
Stopping Work--by Owner .......................... 13.10 Underground Facilitie.~-.not sh(,wn or indicated ..... -;.3.2
Subcontractor---definition of... ..................... - ...... I Underground Facilities---protection of 4.3.6.20
Subcontractors--in gene ral ....................... 6.8-6. l I Underground Facilities--shown or indicated .. ~ ...... 4.3. I
Subcontracts---required provisions ............ 5.11.1, 6.1 ! . Unit Price Work--.definition°of ... ::~: ................... 1
11.4.3 Unit Price=Work--~eneral ..... ~...'~ ...... 11.9. 14.1.14.5
Substantial Completion---certification of .............. '14.8 Unit Prices ...... .~ ............ 1":': ........,..:..,. 11.3.I
Substantial C,o~pletion--definition of ............ , ....... I Unit Prices, Determinations for b--'g .......... ' ....... 9. l0
Substitute or Or-Equal" Items ....................... 6.7. Use of Premises., ............. ~...~.~ ..... ~ ....6,16-6.18
Subsurface Conditions ......................... ~...
Supplemental costs ............ ~ ................... ~ i 1.4.5' Utility bwners -~ ...................... 6.1~. 6.20. 7.2-7.3
Supplementary Conditions--definition of .......... I
Supplementary Conditions--principal ......
references to .. 2.2.4.2. 5.1,5.3,5.6-5.8, 6.3, 6:13, 6.23.
7.4. 9.3
Supplementing Contract Documents ............... 3.4-3.5
Supplier--definition of
Supplier~principal references to ... 3.6, 6.5, 6.7-6.9, 6.20.
6.24, 9.13, 9.16, tl.8, 13.4, 14.12
Surety--consent to payment .................. 14.12. 14.14
Surety~Engineer has no duty to ..................... 9.1.3
Surety--notice to .......................... 10.1, 10.5, 15.2
Surety--qualification of ........................... 5.1-5.2
Suspending Work. by Owner ......................... 15. t
Suspension of Work and Termination--in general ....... 15
Superintendent~Contractor's ......................... 6.2
Supervision and Superintendence .................. 6.1-6.2
Taxes--Payment by Contractor ....................... 6.15
Termination--by Contractor ....... : ............. ..... 15.5
Termination--by Owner ......................... 15.2-15.4
Termination. Suspension of Work and--in general ...... 15
Tests and Inspections ........................... 13.3-13.7
Time, Change of Contract
Values, Schedule of ...................... 2.6. 2.9.14.1
Variations in Work--Authorized ' . 6.~. 6.27.9.5
Visits to Site--by Engineer .... , ....................... 9.2
Waiver of Claims--on Final Payr
Waiver of Rights by insured parti
Warranty and Guarantee---by Co
Warranty of Title, Contractor's
Work, Access: to ..............
Work--by others ...............
Work Continuirig During, Dispute
Work, Cost of ..................
'~ent ................ 14.16
es ............. 5.10.6.11
ntractor ............. 13.1
.................... 14.3
..................... 13.2
.................... 6.29
11.4-11.5
Work--definition of ............ ,- -:- ..................... i
Work Directive Change---definiti ,n of ................ 1
Work Directive Change--princip ~-
references to ............................ 3.4.3.10.1-I0.2
Work, Neglected by Contractor ................... 13.14
Work, Stopping b.y Contractor ..~ ..................... [5.5
Work, Stopping by Owner ......... ~..' ........... 15.1-15.4
Written Amendment--definition
Written Amendment~principal
references to .................
... 3.4.1.10.1.11.2, 1".1
G'ENERAL CONDITION
ARTICLE I~DEFINITIONS
Wherever used in these General Conditions or in the other
Contract Documents the following terms have the meanings
indicated which are applicable to both the singular and plural
thereof.'
Addenda---Written or graphic instruments issued prior to the
opening of Bids which clarify, correct or change the bidding
documents °r the Contract Documents. . . :.:~. -:
AgreeinentmThe Written agreement between oWNER and -'
CONTRACTOR covering the Work to be performed; &her
Contract Documents are attached to the Agreement and made
a part thereof as provided therein.
Application for Payrnent--The form accepted by ENGI-
NEER which is to be used by CONTRACTOR in requesting
progress or final payments and which is to include such sup-
porting documentation as is required by the Contract
Documents.
BidmThe offer or proposal of the bidder submitted on the
prescribed form setting forth the prices for the Work to be
performed.
refers to Work that is unsatisfacto~
does not conform to the Contract
meet the requirements of any inspe¢
test or approval referred to in the
has been damaged prior to ENGD
of final payment (unless responsibilit~
has been assumed by OWNER a't S
accordance with param-aPh 14.8 or'
Drawings~The drawings which sht
of the Work to be performed and w
or approved by ENGINEER and a~
tract Documents.
Effective Date of the Agreement--.'
Agreement onwhich it becomes eff~
is indicated it means the date 'on'
signed and delivered by the last of tl
deliver.
ENGINEER--The person, finn or c
in the Agreement. ·
Field Order--A'~ritten order issue
orders minor changes in the Work
graph 9.5 but which does not involw
Price or the Contract Tn'ne.
Bonds--Bid, performance and payment bonds and other
instruments of security.
General Re_ quirements--Sections
fications.
Change Order~A document recommended by ENGINEER.
which is signed by CONTRACTOR and OWNER and autho-
rizes an addition, deletion or revision in the Work, or an
adjustment in the Contract Price or the Contract Time. issued
on or after the Effective Date of the Agreement.
Contract Documents~The Agreement, Addenda (which per-
tain to the Contract Documents). CONTRACTOR's Bid
(including documentation accompanying the Bid and any post-
Bid documentation submitted prior to the Notice of Award)
when attached as an exhibit to the Agreement. the Bonds.
these General Conditions, the Supplementary Conditions. the
Specifications and the Drawings as the same are more spe-
cifically identified in the Agreement, together with all amend-
ments, modifications and supplements issued pursuant to
paragraphs 3:4 and 3.5 on or after the Effective Date of the
Agreement,
Laws and Regu[ations; Laws or
regulations, ordinarrces, codes and~
Notice of Award--The written nc
apparent successful bidder stating
the apparent successful bidder with
enumerated therein, within the tim
sign and deliver the Agreement.
Notice to Proceed--A written not
CONTRACTOR (with a copy to El'
on which the Contract Time will ~
which CONTRACTOR shall start
TOR'S obligations under the Contt
OWNERwThe public body or autl
ciation, firm or person with whom C{
into the Agreement and for whom ti
Contract Price--The moneys payable by OWNER to CON-
.TRACTOR under the Contract Documents as stated in the
Agreement (subject to the provisions of paragraph I i'9.1 in
the case of Unit Price Work).
'Contract Time--The number of days (computed as provided
in paragraph 1_72) or the date statedin the Agreement for the
completion of the Work. .. - .... ' -- .% L--' -.
· '.- ~ ....-.-' '..-.- ':,~'.-..7~i-.'~U.:. -._:- ..... ' '-
Partial Utilization~Placing a porti
for the purpose for which it is inten
before reacNng Substantial Compl
Project--The total construction c
provided under the Contract Doi:u
or a part as indicated elsewhere in.
Resident Project Representa'tive--
y, faulty or deficient, or
Documents. Or does not
tion. reference standard.
Contract Documents. or
EER's rec6mmendation
' for the protection thereof
ubstantial Completion in
14.10). __
v the character and scope
hich have been prepared
'e referre;:l to in the'Con-
['he date indicated in the
:cti~'e. but if no such dale
which tile Agreement is
~e two parties to sign and
~rporation named as such
d by ENGINEER which
in accordance with para-
: a chanve in the Contract
t'Division I of the Speci-
~;idationx~Laws, rules.
or orders.
rice by OWNER to the
that upon compliance by
the conditions precedent
specified, OWNER will
ce given by O~,M'NER to
[GINEER) fixing the date
:ommence to run and on
to perform CONTRAC-
act Documents.
~ority, corporation, asso-
)NTRACTOR has entered
Work is to be provided.
on of the Work in service
:led (or a related purpose)
:tion for all the Work.
f ,khich the Work to be
~aents may be the whol&
thi Contract Documents.
The authorized represen-
CONTRACTOR~The person, finn or corporationwith-whomI . tative of ENGINEER who is aisig ned tb the site or any part
thereon and all applidable field measuremcnts;~CONTRAC-
TOR shall promptly report in writing to ENGINEER· any
conflict, error or discrepancy which CONTD. ACTOR may
discover and shall obtain a written interpretation or clarifi-
cation from ENGINEER before proceeding with any Work
affected therebyi however, CONTRACTOR shall not be lia-
ble to OWNER or ENGINEER for failure to report any
conflict, error or discrepancy in the Contract Documents,
unless CONTRACTOR had actual knowledge thereof or should
reasonably have known thereof.
2.6. Within ten days after the Effective Date of the Agree-
ment (unless otherwise specified in the General Require-
ments), CONTRACTOR shall submit to ENGINEER for
review:
2.6.1.. an estimated progress schedule indicating the
starting and completion dates of the various stages of the
Work;
2.6.2. a preliminary Schedule of Shop Drawing sub-
missions; and
2.6.3. a preliminary schedule of values for all of the
Work which w~ include quantities and prices of items
aggregating the Contract Price and will iubdivide the Work
into component parts in sufficient detail to serve as the
basis for progress payments during construction. Such
prices will include an appropriate amount of overhead and
profit applicable to each it6m of Work which will.be con-
firmed in writing by CONTRACTOR at the time of sun
mission.
2.7. Before any work at the site is started, CONTRAC-
TOR shall deliver to OWNER, with a copy to ENGINEER,
certificates (and other evidence of insurance requested by
OWNER) which CONTRACTOR is required to purchase and
maintain in accordance with paragraphs 5.3 and 5.4, and
OWNER shall deliver to CONTRACTOR certificates (and
other evidence of insurance requested by CONTRACTOR)
which OWNER is required to purchase and maintain in
accordance ~Sth paragraphs 5.6 and 5.7.
Preconstrucdon Conference:
2.8. Within twenty days after the Effective Date of the
Agreement, but before CONTRACTOR starts the Worl~ at
the site, a conference attended by CONTRACTOR, ENGI-
NEER and others as appropriate will be held to discuss the
schedules referred to in paragraph 2.6, to discuss procedures
-for handling Shop Drawings and other submittals and for
processing Applications for Payment, and to establish a working
understanding among the parties as to the Work.
F~a_lr_.~ng Schedules: " '
2.9..At least ten days before' suhmissior~ Of the first Appli-
"cation for' Payment a conference attended by CONTRAC-
Work to completion within the C
acceptance will neither impose on El
for the progress or scheduling of th(
TRACTOR from full responsibilit~
schedule of Shop Drawing submissi
ENGINEER as providing a worka
cessing the submissions. The finaliz,
be acceptable to ENGINEER as to
graph 2.6.'The finalized progress scl ~edu!e will be accept, ab?'
to ENGINEER as providing an or :lerly proeression ot me
ontract Time. but such
,IGINEER responsibility
Work nor relieve CON-
' therefor. The finalized
ons will be acceptable to
=lc arrangement for pro-
:d schedule of values will
form and substance.
ARTICLE 3--CONTRACT DO(
AMENDING, REt
Intent:
3.1. The Contract Documents ¢
meat between OWNER and CONT
Work. The Contract Documents ar,
called for by one is as binding as
Contract Documents will be consl
the law of the place of the Project.
3.2. It is theintent ofthe Contr~
a functionally complete Project (o~
steered in accordance with the C
Work, materials or equipment that
from the Contract Documents as
the intended result will be supplied
called for. When words which hay
or trade meaning are used to des
equipment such words shall be inter
that meaning. Reference to standm
or codes of any technical society, o~
or to the Laws or Regulations of an
whether such r6ference be specifi
mean the latest standard sp~.cificati
or Regulations in effect at the time
the Effective Date of the Agreeme
except as may be otherwise specifi
provision of any referenced stand
or code (whether or not,specifically
in the Contract Documents) shall
duties and responsibilities of OWi
ENGLNEE.K, or any of their cons:
ecs from those set forth in the Coal
it be effective to assi~ to ENGI
NEER's consultants, agents or
authority to supervise or direct the
of the Work or any duty or author
bility contrary to the provisions
CIarifications and interpretations,
shall be issued by ENGINEER as
3.3. -It', during the performance
.. TOR finds a conflict, error Or di:
: .Documents, CONTRACTOR shal
· TOR, ENGINEER arid others as appropfi, ate will be held to '.:..: in writingat once anctbeforei~rocee
finaliTe the schedule's'iubfnitted 'in accordance'With para- - thereby shall obtain a written int,
.... -.- :':.:..:.::: ' ": .
-:- : 5"v
2UMENTS: INTENT.
'SE .
omprise the entire .agree-
LACTOR concerning the
complementary; what is
if called for by all. The
'ued in accordance with
:t Documents to describe
'part thereo0 to be con-
antract Documents::Any
my reasonably be inferred
eing required to produce
vhether or not specifically
e-~ weli-known technical
:ribe Work. materials or
preted in accordance with
d specifications, manuals
ganization or association.
~ governmental authority.
: or by implication, shall
an, manual, code or Laws
of opening of Bids (or, on
nt if there were no Bids).
:ally stated. However. no
ard specification, manual
incorporated by re fete ncc
~e effective to change the
qER, CONTIL-kCTOR or
fltants, agents or employ-
ract Documents, nor shall
NEER, or any of ENGI-
employees, any duty or
furnishing or performance
ity to undertake responsi-
~f paragraph 9.15 or 9.16.
f the Contract Documents
=rovided in paragraph 9.4.
ofthi Work, CONTRAC-
;crepancy'in the Contract
I so report to ENGINEER
:ling .with th6 Work affected
:rpretatiou or clarification
from ENGINEER; however, CONTRACTOR shall not be
nab[e to OWNER or ENGINEER for failure to report any
conflict, error or discrepancy in the COntract Documents
unless CONTRACTOR had actual knowledge ther~eofor should
reasonably have known thereof.
Amending and Supplementing Contract Documents:"
3.4. The Contract Documents may be amended to pro-
vide for additions, deletions and revisions in the Work or to
modify the terms and conditions thereof in one or more of
the following ways:
3.4.1.. a formal Wdtten Amendment,
3.4.2. a Change Order (pursuant to paragraph I0.4),
or
3.4.3. a Work Directive Change (pursuant to para-
graph I0. I).
As indicated in paragraphs I 1.2 and 12. I, Contract Price and
Contract Time may only be changed by a Change Order or a
Written Amendment.
3.5. In addition, the requirements ofthe Contract Docu-
m. ents may be supplemented, and minor variations and devia-
t,ons in the Work may be authorized, in one or more ofthe
following ways:
3.5.1. a Field Order (pursuant to paragraph 9.5),
3.5.2. ENGINEER's approval of a Shop Drawing or
sample (pursuant to paragraphs 6.26 and 6.27L or '
3.5.3. ENGINEER's written interpretation or clarifi-
cati°n (pursuant to paragraph 9.4}.
Reuse of Documents:
3.6. Neither CONTRACTOR nor any Subcontractor or
Supplier or other person or organization performing or fur-
nishing any of the Work under a direct or indirect contract
with OWNER shall have or acquire any title to or owners,hip
rights in any of the Drawings, Specifications or other docu-
ments (or copies of any thereof) prepared by or bearing the
seal of ENGINEER; and they shall not reuse any of them on
extensions of the Project or any other project without written
consent of OWNER and ENGINEER 'and specific written
verification or adaptation by ENGINEER.
ARTICLE 4--AVAILABILITY OF LANDS; pHYsICAL
CONDITIONS; REFERENCE POINTS
such other lands which' are esivnated for the use of CON-
TRACTOR. Easements foK~ern~anent s~ructures or perma-
nent changes in existin~ fac 'lities will be obtained and paid
for by owNER..~-nleSs"'0th'<:r~rise pr°vide'd in the Contract
Documen'ts~ If CONTRAC'I 'OR believes that any delay in
OWNER's furnishing these
ments entitles CONTRACTi
tract Time. CONTRACTOR
provided in Article 12. CON'
additional lands and access t'
temporary, construction facili
equipment.
lands, rights-of-wa½ or e~se-
)R to an extension of the Con-
ma&~ make a claim therefor as
FtL,~CTOR shall ~rovide for all
~e~~° that may be required for
ties.~or storage of materials and
4.2.1. Erplorations at fi'Reports: Reference is made
to the Supplementary Con~ itions for identification of those
reports of explorations an~
at the site that have been u
aration of the Contract Do<
rely upon the°accuracy of
such reports, but not upon
tions or opinions contained
thereof for CONTRACTO
cared in }he immediately p~
graph 4.2.6~ CONTRACTC
with respect to subsurface
4.2.2.. E-risting Strttctto
Supplementary Con~fion:
drawings of p~ysical condi
s~fface and subsurface stz:
Facilities referred to in pa
contiguous to the site that
NEER in preparation of th~
TRACTOR may rely upon
data contained in such draw
ness thereof for CONTRA~
indicated in the immediatel
paragraph 4.2.6, CONTRAt
sibility with respect'to phy~
to such structures.
4.2.3. Report of Differin
TOR believes that:
4.2.3.1. any technical
TOR ia entitled to rely as
and 4.2.2 is inaccurate, o
4.2.3.2. ariy physle~
revealed at the site dire
eared, reflected or refer
ments,
tests of subsurface conditi6ns
:ilized by ENGINEER in orep-
:uments. CONTRACTOI~ may
:he technical data contained in
nontechnical data. interpreta-
therein or for the completeness
R's purposes. Except as indi-
· eceding sentence and in para-
R shall have full responsibility
:onditions at the site.
Ava~b,_bili~ of l. aruls: CONTRACTOR shall, ,pro
"- ~ thereof and ~fore performi
4.1. OWNER shall furnish, as indicated in the Contract . 'therewith (except in an eme
Documents,-the lands upon which the Work is to be per- - ' graph 6.22), notify OWNER
formed, fights-of-way and easements for access thereto, and ' '- -7 about the-inaccuracy or dire
-" · .......... :-~ .:.:'L :'?..:-:_.----:... ,...: . ~: ~.'~w?.'..< :~ ..'.: -,:t~L,:;3.c.." . "-' -. ~..~ ' ~-.: --~ '.- -: ..... ~.,-~.
e~:' Reference is made to the
.for identification of those
:ions in or relating to existing
~ctures (except Under~ound
ragraph 4.3~ which are at or
have .been utilized by ENGI-
Contract Documents. CON.
tile accuracy of the technical
rigs. but not'for the complete-
.'TOWs purposes. ExcePt as
y preceding sentence and in
;TOR shall have full respon-
ical conditions in or re!ating
Conditions: If CONTR_z.C-
data on which CONTRa. C_
provided in paragraphs 4.2.1
;['~:~°nditlon uncovered or
is~'materiallv from .thas. indi-
o
rd:' to in the Contract Docu-
~ptly after becoming aware
ag any Work in connection
gency as permitted'by para-
4.2.4.; ENGINEER's Review: ENGINEER will_.._
promptly review the pertinent conditions, determine the - -
necessity of obtaining additional explorations or tests with
respect thereto and advis~ OWNER in writing {with ~ copy
to CONTRACTOR) of ENGINEER's findings and con-
clusions. --
4.2.5. Possible Document Change: If ENGINEER
concludes that there is a material error in the Contract
Documents or that because of newly discovered condi-
tions a change'in the Contract Documents is required, a
Work Directive Change or a Change Order will be issued
a~ provided in Article 10 to r¢flect and document the
consequences of the inac~y or difference.
4.2.6. Possible Price and 'Time Adjustments: In each
such case. an increase or decrease in the Contract Price
or an extension or shortening of the Contract Time, or any
combination thereof, will be allowable to the extent that
they are attributable to any such inaccuracy or difference.
If OWNER and CONTRACTOR are unable to agree as to
the amount or length thereof, a claim may be made therefor
as provided in Articles 11 and I2.
Physical Condin'onsmUnderground Facilities:
4.3.1. Shown or Indicated: The information and data
shown or indicated in the Contract Documents with respect
to existing Underground Facilities at or contiguous to the
site is based on information and data furnished to OWNER
or ENGINEER by the owners of such Underground Facil-
ities or by others. Unless it is otherwise expressly pro-
vided in the Supplementary Conditions!
4.3.1.1. OWNER and ENGINEER shall not be
responsible for the accuracy or completeness of any
such information or data; and,
4.3.1.2.' CONTRACTOR shall have full responsi-
bility for reviewing and checking all such information
and data, for locating all Underground Facilities shown
or 'indicated in the Contract Documents, for coordina-
tion of the Work with the owne rs of such Underground
Facilities during construction, for the safety and pro-
tection thereof as provided in paragraph 6.20 and
repairing any damage thereto resulting from the Work,
the cost of all of which will be considered as having
been included in the .Contract Price.
4.3.2. Not Shown or lndicated.'If an U~dergroUnd
Facility is uncovered or revealed at or contiguous to the
site which was not sb_owrt or .indicated in the Contract
Docum~au and which CONTRACTOR could not reason-
ably have been expected to be aware of, CONTRACTOR
shall, promptly after becoming aware thereof'and before
performing any Work affected, thereby (except in an emer-
gency aa permitted bY paragraph 6.22), id~mt'ify the ow~..~r
of such Underground Facility and give written notice thereof
to that owner and to OWNER :/nd ENGINEER.' ENGI-
NEER ~ Pi'rni~tly"review'the Undergrbund Facility to.
deterrMne the extent to which th{
should be modified to reflect 'and
quences of the existence of the Un~
the Contract Documents will be am,
to the extent ne .c~ssary. During s~
TOR shall be responsible for the s
such Underground Facility as prov
CONTRACTOR shall be allowed
tract Price or an extension of the
to the extent that they are attribut:
any Under~ound Facility that was
in the Contract Documents and
could not reasonably have bee,n e
If the parties are unable to a~ee as
thereof, CONTRACTOR may .m~
provide.d in Articles I 1 and 12.
Reference Points:
4.4. OWNER shall provide engi'
lish reference points for construction
judgment are necessary to enable COi
with the Work. CONTRACTOR sha
lng out the Work..(unless otherwise
Requireme. nts), shall protect and p
reference points and shall make no
without the prior written approval
TOR shall report to ENGINEER
point is lost or destroyed or requir(
necessary changes in _m'ades or locati
sible for the accurate replacement
erence points by professionally qua
ARTICLE 5---BONDS AND INS[
performance and Other Bonds:
5.1. CONTRACTOR shall
ment Bonds, each in an amount at
Pdce as security for the faithful per
all CONTRACTOR's obligations
ments. These Bonds shall remain i
year after the date when final payrr
as otherwise provided by Law or
tract Documents. CONTRACTOI
other Bonds as are required by ti
lions. All Bonds shall be in the fo~
Regulation or by the Contract Do
by such sureties as are named' in
panics Holding Certificates of Autl
ties on Federal Bonds and as
panics" as published in Circular 5'
Staff Bureau of Accounts, U.S.
Bonds signed by an agent must be
copy of the authority Io act.
5~2.' ffthe surei~ on ~dy BSnd
' TOR is ~t'eclar"~d a bankrupt., or
· :to do busin~S i~ tebrninated in al
· Contract, Documents
document the conse-.
erground Facility. and
:nded or supplemented
mh time. CONT1L-x.C-
ffety and protection of
ided in paragraph 6.20.
tn increase in the Con-
:ontract Time, or both.
tble to the existence of
not shown or indicated
~hich CONTRACTOR
;pected to be aware of.
to the amount or length
ke,a claim therefor as
~.ering surveys to estab-
which in ENGINEER's
,ITRACTOR to proceed
I be responsible for lay-
~pecified ia the General
reserve the established
changes or relocations
'OWNER. CONTRAC-
Shenever any reference
:s' relocation because of
aris, and shall be respon-
r'relocation of such ref-
iffed personnel.
',ANCE
~h performance and pay-
mst equal to the Contract
'ormance and payment of
rider the Contract Docu-
a effect at least until one
ent becomes due. except
',egulation or by the Con-
', shall also fu~ish such
te Supplementary. Condi-
ms prescribed by Law or
:umenu and be executed
the cu.¢c~ li~t of "Com-
tority as Acceptable Sure-
:eptable Reinsuring Corn-
'0 (amended) by the Audit
['reasury Department. All
tccompanied by a certified
furnished by'CONTRAC-
: .o..mes Lgsolyent or its right
state where any part of
of para_re:apb 5.1, CONTRACTOR'shall within:five days :;. and ENGINEER by Certified ~aili: All SUch insurance shall
the Project is located or it ceases to meet the requirements thirty days' prior written noti e has been given to O~R,.~ER
thereafter substitute another Bond and Surety, b0th'6fwhiCh ,~:. i.ei~ai~ in effect until finalpaYn~ent and at all times thereafter
must be acceptable to OWNER. ".' - ~ - : .-. when CONT1LACTOR may be ,Correcting. ~removin~ or
Contractor's Liability Insurance:
5.3. CONTRACTOR shall purchase and maintain such
comprehensive general liability and other insurance as is
appropriate for the Work being performed and furnished and
as will provide protection from claims set forth below which
may arise out of or result from CONTRACTOR's' perfor-
mance and furnishing of the Work and CONTRACTOR's
other obligations under: the Contract Documents, whbther it
is to be performed or furnished by CONTRACTOR, by any'
Subcontractor, by anyone directly or indirectly employed by
any of them to perform or furnish any of the Work, or by
anyone for whose acts any of them may be liable:
5.3.1. Claims under workers' or workmen's compen-
sation, disability benefits and other similar employee ben~
efit acts;
5.3.2. Claims for damages because of bodily injury,
occupational sickness or disease, or death of CONTRAC-
TOR's employees;
replacing defective Work in acc
In addition, CONTRACTOR
operations insurance for at lea
and furnish OWNER with ev
insurance at final payment an¢
Contractual Liability Insurance.
5.4..The comprehensive gen~
by paragraph 5.3 will include
applicable to COiWrP,.ACTOR':
6.30 and 6.3 I.
Owner's Liability Insurance: '
5.5. OWNER shall be res
maintaining .OWNER's own
OWNER's option, may purcN
ance as wffl protect OWNER ag
from operations under the Cont
5.3.3. Claims for damages because of bodily injury,
sickness or disease, or death of any person other than
CONTRACTOR's employees;
5.3.4. Claims for damages insured by personal injury
liability coverage which are sustained (a) by any person
as a result of an offense directly or indirectly related to
the employment of such person by CONTRACTOR, or
(b) by any other person for any other reason;
5.3.5. Claims for damages, other than to the Work
itself, because of injury to or destruction of tangible prop-
erty wherever located, including loss of use resulting
therefrom;
5.3.6. Claims arising out of operation of Laws or Reg-
ulations for damages because of bodily injury or death of
any persgn or for damage to property; and
5.3.7. Claims for damages because of bodily injury or
death of any person or property damage arising out of the
ownership, maintenance or use of any m_otor vehicle.
The insurance required by this paragraph 5.3 shall include
the specific coverages and be written for not less than the
limits of liability and coverages provided in the Supplemen-
· tary Conditions, or required by law, whichever is greater.
The comprehensive general liability insurance shall include
completed operations insurance. All of the policies of insur-
ance so required to be purchased and maintained (or rite
certificates or other evidence thereoO shall contain a provi-
sion or endorsement that the coverage affo'rded will 'not be
ca~_ce.lled, mi.t. erially changed or renewal refus6d Until at least
Property Insurance:
5.6. Unless otherwise prov
Conditions, OWNER shall pure
insurance upon the Work at the ~
thereot~ (subject to such deducti
vided in the Supplementary Con
and Regulations). This insuranc
of OWNER, CONTRACTOR, S
and ENGINEER's consultants it
be listed as insureds or additional
against the perils of fire and e:
include "all risk" insurance fo~
including theft, vandalism and r
and water damage, and such otN
in the Supplementary Conditions
losses and e.ypenses arising out of
loss or incurred in the repair or
property {including but not limi
engineers, architects, attorneys:
not covered under the "all dsk"
vided in the Supplementary Condi
purchase and maintain similar pro
of the Work stored on and off the
portions of the Work are to be im
Payment.
5.7. OWNER shalipurchase a
machinery insurance or additions"
be required by the Supplementat
Regulations 'which will include
cO~.' TRACTOR, Subcontra~:t
ENGINEER's consultants in the
listed as insured or additional insi
~rdance with para~m:aph 13.12.
hall maintain such completed
: two years after final payment
lence of continuation of such
on~ year thereafter.
:raHiability insurance required
ontractual liabffity insurance
obligations under paragraphs
onsible for purchasing and
liability insurance and. at
se and maintain such iasur-
ainst claims which may arise
:act Document~.
id~d in the Supplementary
hlie and maintain propexy
i{e to the full insurable vaiue
~ie amounts as may be pro-
ditions or required by
: shalJ include the interests
a.bcontractors, ENGINEER
the Work, all of whom shall
insured parties, shall insure
:tended Coverage and shall
physical loss ~nd damage
~alicious mischief, coH~.:.s¢
rr perils as may be provided
, and shall include damag-..~.
~r resulting from any insur~
,eplacement of any insured
:ed to fees and charges
md other pro/'essionalsL If
nsurance or otherwise pro-
:ions, CONTRACTOR ~'~.
perry insurance on portions
site or in transit when such
I"~}Oed in an Application for
~d ma,ntain such boiler and
Droperty insurance as my
~' Conditior~ or Laws and
:he'inter. eats' of OWNER.
ors, ENGINEER AND
~Vork,'ill of who~n shall be
:red part/es. ' .'-- -.:
5.8..:All the p61icics of insi~rance {oFth~'Ce'~tificates or
other evidence iher~o0 required i0' bl -p~rcha~s~d a~.d ma]h:
mined by OWNER in accordance with':p~ira~ph~ :5:6 and
-5.7 will contain a provision or endorsement thafthe coverage
afforded will not be cancelled or materially changed or renewal
refused until at least thirty days' prior written notic~e has been
given to CONTRACTOR by certified mail and will contain
waiver provisions in accordance with paragraph 5.11.2.
5.9. OWNER shall not be responsible for purchasing and
maintaining any property insurance to protect the interests
of CONTRACTOR, Subcontractors or others in the Work to
the extent of any deductible amounts that are provided in the
Supplementary Conditions. The risk 'of loss within 'the
deductible amount, will be borne by CONTRACTOR, Sub-
contractor or others suffering any such loss and if any of them
wishes property insurance coverage within the limits of such
amounts, each may purchase and maintain it at the purchas-
er's own expense.
5.10. If CONTRACTOR requests in writing that other
special insurance be included in the property insurance pol-
icy, OWNER shall, if possible, include such insurance, and
the cost thereof will be charged to CONTRACTOR by appro-
priate Change Order or Written Amendment. Prior to com-
mencement of the Work at the site, OWNER shall in writing
advise CONTRACTOR whether or not such other insurance
has been procured by OWNER.
Waiver of Rights:
5.11.I. OWNER and CONTRACTOR waive all rights
against each other for all losses and damages caused by
any of the perils covered by the policies of' insurance
provided in response to paragraphs 5.6 and 5.7 and any
other property insurance applicable to the Work, and also
waive all such rights against the Subcontractors, ENGI-
NEER, ENGINEER's consultants and all other parties
named as insureds in such policies for losses and damages
so caused. As required by paragraph 6.11, each subcon-
tract between CONTRACTOR and a Subcontractor will
contain similar waiver provisions by the Subcontractor in
favor of OWNER, CONTRACTOR, ENGINEER, ENGI-
NEER's consultants and all other parties named as insurers.
None of the above waivers shall extend to the rights that
any of the insured parties may have to the proceeds· of
insurance held by OWNER as trustee or otherwise p.ay-
able under any policy so issued.
5. ! 1.2. OWNER and CONTRACTOR intend that any
policies provided in response to paragraphs 5.6 and 5.7
shall protect all of the parties insured and provide primary
coverage for all losses and damages caused by the perils
covered thereby. Ac. cordingly, all such policies shall con-~
rain provisions to the effect that in the event of payment
. of any loss or damage.[he insurer will have no rights of
reco~,ery against any of the parties named as insurers or
additional insurers, and if the insurers require separate
such~ waiver' forrh~ff'ar~' re4uff&
CONTRACTOR Wil! obiain'th'e
Receipt and Appllcadon of Proceedsf
5.12. Any insured loss under t
required by paragraphs 5.6 and 5
OWNER and made payable to O~
insureds, as their interests.may appe
ments of any applicable mortgage
5.13. OWNER shall deposit in a SCl:
so received, and shall distribute it
agreement as the parties in intere.~
special agreement is reached the
repaired or replaced, .the moneys
account thereof and the Work and
by an appropriate Change Order ol
'..'.o f ,any~Subcontracto r,
he policies of insur2ance
7 will be adjusted g~ith
fNER as trustee for the
ar, subject to the require-
clause and of paraga-aph
arate account any money
in accordance with such
t may reach. If no other
damaged Work shall be
so received appffed .on
the cost thereof covered
Written Amendment.
5.13. OWNER as trustee shall
settle any loss with the insurers u~
interest shall object in writing
occurrence of loss to OWNER's
such objection be made, OWNER
flement with th~'in~urers in accord
as the parties in interest may reacl
any party in interest, OWNER
occurrence of an insured loss, giv
formance of such duties.
Acceptance of Insurance:
5.14. IfOWNERhas any objec
by or other provisions of the inst
chased and maintained by CON'
with paragraphs 5.3 and 5.4 on the
with the Contract Documehts, O
TRACTOR in writing thereof wit
delivery of such certificates to O~
paragraph 2.7. If CONTRACTO]
coverage afforded by or other pt
insurance required to be purchased
in accordance with paragraphs 5
their not complying with the C~
T1L~CTOR shall notify. 0WNERi
days of the date of delivery of
TRACTOR in accordance with p:
CONTRACTOR shall each prov
tional information in respect of i
as the other may reasonably requ
CONTRACTOR to give any sue',
the time provided shall constitut
ance purchased by the. 0theras
Documents.
Partial Utilization-Property Ir~t
5.15. -It' OWNER finds it ne
have power to adjust and
tless one of the parties in
bin Fifteen days after the
:xercise of this power. It'
as trustie shall make set-
~nce with such agreement
If required in writing by
trustee shall, upon the
b.o.~nd for the proper per--
'.on'[~'the co'vera~e afforded
.rance ~'equired to be pur-
['RACTOR in accordance
basis bf its not complying
~/NER shall notify CON:
xin ten days of the date of
VNER in accordance with
has any objection to the
,visions of the policies of
id maintained by OWNE~
.6 and 5.7 on the basis of
retract Documents, CON-
n writing thereof within ten
such certificates to CON-
sragraph 2.7. OWNER and
'.de to the other such addi-
~surance provided by each
est. Failure by OWNER or
t notice of objection withia
; acceptance of such. insur-
~mplying~with the Contract
alice:
:essary to occupy or use a
portion'o/- portions of the Work ],flor to Substantial Comple-
tion cd; all the Work, s'u~h'use (~' occupancy, may be accom-
'waiver forms to be signed by -ENGINEER'br ENGI-' .
~ --... ~ !-'::.:.-.-.. :. ~-~.,.: .- .-.-..-.
~ - .- ..... . , :_'~. : 7.' ' -' - ' ~.
such use or occupancy shall commence before the insurers
providing the property insurance have acknowiedued notice
t.hereofand in writing effected the etiennei'in~0verTage neceS. ·
s,tated thereby. The insurers providing the P~:oPertY insur' '
ance shall consent by endorsement on the policy or policies.
but the property insurance shall not be cancelled or lapse on
account of any such partial use or occupancy.
ARTICLE 6--CONTRACTOR'S RESPONSiBILiTiES
Supervision and Superintendence: ~
6. I. ' CONTRACTOR shall superviscand direct the WOrk
competently and efficiently, devoting such attention thereto
and applying such skills and expertise as may be necessary
to perform the Work in accordance with the Contract Doc-
uments. CONTRACTOR shall be solely responsible for the
means, methods, techniques, sequences and procedures of
construction, but CONTRACTOR shall not be responsible
for the negligence of others in the design or selection- of a
specific means, method, technique, sequence or procedure
of construction which is indicated in and required by the
Contract Documents. CONTRACTOR shall be responsible
to see that the finished Work complies accurately with the
Contract Documents.
6.-5. All materials and equi
and new, except as otherWise
umentS. 'If re~uire~t 'b-~, ENGii
furnish satisfactory evidence.
tests) as to the kind and qualit
All materials and equipment sl
heeled, erected, used, cleaned ~
with the instructions of the a
otherwise provided in the Con
vision of any such instructions
ENGINEER, or any of ENGhN
employees, any duty or author
furnishing or performanCe of th(
ity to Undertake responsibility.
paragraph 9.15 or9.16..
Adjusti/tg Progress Schedule:
6.6. CONTRACTOR shall
acceptance (to the extent indica
ments in the pro~ess sehidule ~
of new developments; these wi
progress schedule then in effect
with any provisions of the Gene
thereto. "
6.2. CONTRACTOR shall keep on the .Work at all times
during its progress a competent resident superintendent, who
shall not be replaced without written notice to OWNER and
ENGINEER except under extraordinary circumstances. The
superintendent will be CONTRACTOR's representative at
the site and shall have authority to act on behalf of CON-
TRACTOR. All communication~ given to the superintendent
shall be as binding as if given to CONTRACTOR.
Labor, Materials and Equipment:
6.3. CONTRACTOR shall provide competent, suitably
qualified personnel to survey and lay out the Work and per-
form construction as required by the Contract Documents.
CONTRACTOR shall at all times maintain good discipline
and order at the site. Except in connection with the safety or
protection of persons or the Work or property at the site or
adjacent thereto, and except as otherwise indicated in the
Contract Documents, all Work at the site shall be performed
during regular working hours, and CONTRACTOR will not
permit overtime work or the performance of Work on Sat-
urday, Sunday' or any legal holiday without OWNER's writ-
ten consent given after prior written notice to ENGINEER.
6.4. Unless otherwise specified in the General Require-
ments, CONTRACTOR shall furnish and assume' full respon-
s~ility for all materials, equipment, labor, transportation,
construction equipment and machinery, tools, appliances,
fuel, power, light, heat,, telephone, water, sanitary facilities,
temporary facilities and all other facilities and incidentals-
necessary for the furnishing, performance, testing, start-up
and completion of the Work. ' -
" -'- ":~ - . ..... --' .:.- :.,- .- .... .5 :..:,. .. . ..- ~ y,., .... ,.
Substitutes or "Or. Equal" Items:
6.7.1. Whenever material:
or described in the Contract D
of a l~roprietary item or the
the naming of the item is inte
function and quality required.
by words indlcating that no
materials or equipment ofothe~
by ENGINEER if sufficient h
CONTRACTOR to allow EN¢
the material or equipment prol
to that named. The procedure
will include the following as st
Requirements. Requests for re
material and equipment will n
NEER from anyone other than
TRACTOR wishes to furnish
material or equipment, CONT.
ten application to ENGINEE
certifying that the pro-posed su
quately the functions and achie,
the general design, be similar
that specified' and be suited to t
.ified. The application will stat(
acceptance of the proposed su!
CONTRACTOR's achievemenl
lion on time, whether or not
for use in the Work Will requir
Contract Documents (or in the
direct-contrat;t with OWNER fO
adapt the design to the propose,
or not' incorporation or use of
~ with the Work is subject to payn
--~: - ~' .... . . .
- :.,- ' - . "U.-". :--.'- ' -.
)ment shall be of good quality
)r°Yided in the. Contract Do~-
IEER~.CONTRACTOR shall
iincluding reports of required
r of materials and equipment.
~all be applied, installed, con-
md conditioned in accordance
pplicable Supplier except as
:reel-Documents; but no' pro-
will:be effective to assign to
EEg-'s consultants, agents or
it¥ i~'supervise or direct the
WO*rk orany duty or author-
:ontrary to the provisions of
submit to ENGINEER for
ted in paragraph 2.9} adjust-
o reflect the impact thereon
I1 conform generally to the
md additionally Will comply
'al Requirements applicable
:or equipment are specified
)cuments by using the name
:me of a particular Suppl/m:
nded to establish the type.
~J~leSs the name is followed
S~'~t~tution is permitted.
' SiiPpliers may be accepted
ff6rmation is submitted by
}INEER to determine that
osed is equivalerit or equal
'or review by ENGINEER
pplemented in the General
dew of substitute items of
~t be accepted by ENGI-
CONTRACTOR. If CON-
,r use a Substitute item,of
LACTOR shall make writ-
t .for acceptance thereof.
bstitute will perform acle-
,e the results called for by'
nd of equal substance to
h~s~ame use as that spec-
~.,~.at the-evaluation and
,s_,~ute will nor prejudice
Of Substantial Comple-
:?-lance of the substitute
-' a change in any of the
provisions of any other
r work on the Project} to
t substitute and whether
substitut6 in connection
tent of any license fee or
royalty. Ali va~iation~ or'he' pi'op6sed iubstitute from that
specified will be identified in the application and available
maintenance, repair and replacement service will be indi-
cated. The application will also contain an itemized esti~
mate of all costs that will result directly or indirectly from
acceptance o[' such substitute, including costs of red. esign
and claims of other contractors affected by the resulting
change, all of which shall be considered by ENGINEER
in evaluating the proposed substitute. ENGINEER may
' OSViqER.a'n.i~.ENGINEER7andt![ CO~CTOR h~
submitted a list thereofin aCco~ance~with the Supple-
mentary Conditions, OWNER's qr ENGINEER's accept:'
ani::e (either in writing or by' failing to'fiiake written objec-
tion thereto by the date indicated]for acceptance or objec-
tion in the biddine documents ort~e Contract Documents}
of any such Sub~:ontractor, Supplier or other person or
organization so identified may be revoked on the basis of
reasonable objection after due [nv estimation, in which case
require CONTRACTOR to furnish at CONTRACTOR's CONTRACTOR shall submit an a :ceptable substitute, the
expense additional data about the proposed substitute.
6.7.2. If a specific means, metfiod, technique, Sequence
or procedure of construction is indicated in or required by
the Contract Documents, CONTRACTOR may furnish or
utilize a substitute means, method, sequence, technique
or_procedure of construction acceptable to ENGINEER,
if CONTRACTOR Submits sufficient information to allow
ENGINEER to determine that the substitute proposed is
equivalent to that indicated or required by the Contract
Documents. The procedure for review by ENGINEER
will be similar to that provided in paragraph 6.7.1 as applied
by ENGINEER and as .may be.supplemented in the Gen-
eral Requirements.
6.7.3. ENGINEER will be allowed a reasonable time
within which to evaluate each proposed substitute. ENGI-
NEER will be the sole judge of acceptability, and no
substitute will be ordered, installed or utilized without
ENGINEER's prior written acceptance which will be evi-
denced by either a Change Order or an approved Shop
Drawing. OWNER may require CONT1L~CTOR to fur-
nish at CONTRACTOR's expense a special performance
guarantee or other surety with respect to any substitute.
ENGINEER will record time required by ENGINEER
and ENGINEER's consultants in evaluating substitutions
proposed by CONTRACTOR and in making changes in
the Contract Documents occasioned thereby. Whether or
not ENGINEER accepts a proposed substitute, CON-
T1L4, CTOR shall reimburse OWNER for the charges of
ENGINEER and ENGINEER's consultants for evaluat-
ing each proposed substitute.
Contract Price will be increased
cost occasioned by such substitt
· Change Order will be issued or Wr
No acceptance by OWNER or E
Subcontractor, Supplier or othe~
shall constitute nwa[vet of any ri~
NEER to reject defectiv~ Work.
6.9..CONTRACTOR shall be full'
and ENGINEER for ali acts and o
tractors, Suppliers and other person
forming or furnishing any of the '
indirect contract with CONTRAC"f
TOR is responsible for CONTRACT
sions. Nothing in the Contract Doc
contractual relationship between O
and any such Subcontractor, Supi
organization, nor shall it create any
OWNER or ENGINEER to pay or
any moneys due any such Subcontl
person or organization except as m:
by Laws and Regulations.
6.10. The divisions andsection~
the identifications of any Drawings
TRACTOR in dividing the Work a
Suppliers or delineating the Work
specific trade.
6.11. All Work performed for Ct
contractor will be pursuant to an
between CONTRACTOR and the 5
cifically binds the Subcontractor to
conditions of' the Contract Dc)cue
OWNER and ENGINEER and co
as required by para_va-apb 5.11. C¢
each Subcontractor a just share o
received by CONTRACTOR on acc
lc[es issued pursuant to paragraphs
Patent Fees and RoyMties:
6.12. CONTRACTOR shall pa2
aries and assume all costs inciden
mance of the Work or the incorpo,
invention, design, process, produx
subject of patent rights or copyril
'particular invent[off, design, proc~
specified in the Contract Doc~me~
mar[ce oftheWork ~d il'to the ~tr
Concerning Subcontractors, Suppliers and Others:
6.8.1. CONTRACTOR shall not employ any Subcon-
tractor, Supplier or other person or organization (including
those acceptable to OWNER and ENGINEER as indi-
cated in paragraph 6.8.2), whether initially or as a substi-
tute, against whom OWNER or ENGINEER may have
reasonable objection. CONTRACTOR shall not be required
to employ any Subcontractor, Supplier or other person or
organization to furnish or perform any of the Work against
whom CONTRACTOR has reasonable objection.
6.8.2. If the Supplementary Conditions require the
identity ofcertain-qubcont~ctors, Suppliers-or other per-
. SO.nS 9r..orgamzau.0ns. (inCluding those who are to furnish
the principal items of materials and equipment) to be sub-
. mitted to owNER i.n advance of the specified date prior
to the Effective Date of the Agreement for acceptance by
by the difference in the
tion and an appropriate
iten Amendment signed.
NGINEER of any such
person or o~anization
ht of OWNER or ENGI-
t respons~le to OWNER
hiss[ohs of the Subcon-
s and organizations per-
Vork under a direct or
OR just as CONTRAC-
~R's own acts and omis2
ments shall create any
WNER or ENGINEER
,liar or other person or
obligation on the part of
to :see to the payment of
adtor. Supplier or other
r'otherwise be required_
,f the Specifications and
shall riot control CON-
xxong Subcontractors or
to be performed by any
)NTtL-kCTOR by a Sub-
appropriate agreement
~bcontractor which spe-
the applicable terms and
~ents for the benefit of
~tains waiver provisions
tNTRACTOR shall pay
any insurance moneys
rant of losses under pol-
.6 and 5.7.
' all license fees and roy-
to the use in the perfor-
ation in the Work of any
: or device which is the
hts held by others. If a
ss~ product or device is
~ts for use in the peffor-
~I knowledge of oWNER
or ENGINEER its use is subject to patent rights or copyrights
calling for the payment of any license fee o/:roj~alty to others,
the existence of such rights shall be disclosed by OWNER in
the Contract Documents. CONTRACTOR shall indemnify
and hold harmless OWNER and ENGINEER and anyone
directly or indirectly employed by either of them from and
against all claims, damages, losses and expenses (including
attorneys' fees and court and arbitration costs) arising out of
any infringement of patent rights or copyrights incident to
the use in the performance of the Work or resulting from the
incorporation in the Work of any invention, design, process,
product or device not specified in the Contract Documents,
and shall defend all such claims in connection with any alleged
infringement of such fights.. . ,
6.13. Unless otherwise provided in the Supplementary
Conditions, CONTRACTOR shall obtain and pay for all con-
struction permits and licenses. OWNER shall assist CON-
TRACTOR, when necessary, in obtaining such permits and
licenses. CONTRACTOR shall pay all governmental charges
and inspection fees necessary for the prosecution of the Work,
which are applicable at the time of opening of Bids, or if there
are no Bids on the Effective Date of the A~eement. CON-
TRACTOR shall pay all charges of utility owners for con-
nections to the Work, and OWNER shall pay all charges of
such utility owners for capital costs related thereto such as
plant investment fees.
Laws and Regulations:
6.14.1. CONTRACTOR shall give all notices and
comply with all Laws and Regulations applicable to fur-
nishing and performance of the Work. Except where oth-
erwise expressly required by applicable Law~ and Reuu-
lations, neither OWNER nor ENGINEER shall be respgn-
sible for monitoring CONTRACTOR's compliance with
any Laws or Regulations.
6.14.2. If CONTRACTOR observes that the Specifi-
cations or Drawings are at variance with any Laws or
Regulations, CONTRACTOR shall give ENGINEER
prompt written notice thereof, and any necessary changes
will be authorized by one of the methods indicated in
paragraph 3.4. If CONTRACTOR performs any Work
knowing or having reason to know that it is contrary to
such Laws or Regulations, and without such notice to
ENGINEER, CONTRACTOR shall bear ail costs arising
therefrom; however, it shall not be CONTRACTOR's pri-
mary responsibility to make certain that the Specifications
and Drawings are in accordance with such Laws and
Regulations.
- 6.15. CONTRACTOR shall pay all'sales, co'nsumer, use
and other similar taxes' reqtiired to be.paid by CONTRAC.
T. OR in .accordance' with' the"L~iw~ -and Regulations of the
plac~ of the Project which ar~: applicable during
mance oflhe Work.' 7-' ~ '~ ':'!"i" ' ~' .... ~TM'''' '
Use of Premises: .] ' ~
6.16. CONTRACTOR sba
ment, the storage of materials
ations of workers to the Projec
tiffed in and permitted by the
land and areas permitted by
of-way, perm/ts and easemen
encumber the premises with co
materials or equipment. CON
responsibility for any damage t
the owner or occupant thereof~
uous thereto, resulting from tt
Should any claim be made agal
by any such owner or occupan
of the Work, CONTRACTOR si
with such other party by agreer
claim by arbitration or at law.
fullest extent permitted by Law
.and hold OWNER and ENGINE
all claims, dd'mages, losses and
limited to, fees"of cng/ricers, ay
professionals and court and arbi~
indirectly or consequentially
table, brought by any such oth~
ENGINEER to the extent bas~
CONT1L~,CTOR's performance
the peffor-
I1 confine construction equip-
and equipment and the oper-
t site and land and areas iden-
'ontract Documents and other
,awS and Regulations, rig_hts-
;, and shall not unreasonably
astmcfion equipment or other
FRACTOR shall assume full
~. any such land or area. or to
ff 9fany land or areas contiu-
e performance of' the Wor~.
ast OWNER or ENGINEER
:because of the performance
~all promptly attempt to settle
aent or otherwise resolve the
2ONTRACTOR shall, to the
; and Regulations, indemnify
ER harmless from and aminst
expenses (including, b~t not
:hitects, attorneys and other
ration costs) arising directly,
bfany action, legal or equi-
:r'.party against OWNER or
d'~'0n a claim arising out of
of the Work.
6.17. During the progress of the .Work. CONTRACTOR
shall keep the 15remises free fn~m:i accumulations of waste
materials, rubbish and other debff~ ~'esulting from the Work.
At the completion of the Work C~NTRACTOR shall remove
all waste materials, rubbish andl debris from and about the
premises as well as all tools, appliances, construction equip-
ment and machinery, and Surplu~ materials, and shall leave
the site clean and ready for occqpancy by OWNER. CON-
TRACTOR shall restore to origin Il condition all proper~y not
designated for alteration by the £ ontract Documents.
6.18. CONTRACTOR shall t
of any structure to be loaded in an
the structure, nor shall CONTR~
the Work or adjacent property tc
will endanger it.
Record Documents:
· 6.19.- CONTRACTOR shall n
the site one record copy of all
Addenda, Written Amendments
Directive Changes, Field Orders ~
-and:clarifications (issued pursuanl
order and annotated to show all ~
struction. These record documents
samples and a counterpart of all.
will be .available to ENGINEER
0t load nor permit an.~: part
t manner that will endanger
,CTOR subject any parx of
stresses or pressures that
t~iintain in a safe place at
~rawings, Specifications.
i'~Change Orders, Work
.nd written interpretations
'to, paragraph 9.4} in gOOd
:hanges made during con-
together with all approved
approved Shop 'Dragin~.
br reference. Upon com-
pletion of the Work, these record documents, sample's and Emergencies:
Shop Drawings w~l be delivered to ENGINEER forOWNER? _ _ 6.2_;": In emergencies affecting th
· '- :" ' '" ' persons Or the Work or propei'i~ at th(
Safety and Protection:
6.20. CONTRACTOR shall be responsible for initiating,
maintaining and supervising all safety precautions and pro-
grams in connection with the Work. CONTRACTOR shall
take all necessary precau, tions for the safety of, and shall
prtvide the necessary protection to prevent damage, injury
or Ioss to:
6.20.1. all employees on the Work and other persons
and organizations who may be affected thereby; : '
6.20.2. all the Work and materials and'equipment to
be incorporated therein, whether in storage on or off the
site; and
6.20.3. other property at the site or adjacent thereto,
including trees, shrubs, lawns, walks, pavements, road-
ways, structures, utilities and Underground Facilities not
designated for removal, relocation or replacement in the
course of construction.
CONT~CTOR shall comply with all applicable Laws and
Regulations of any public body having jurisdiction for the
safety of persons or property or to protect them from damage,
injury or loss; and shall erect and maintain all necessary
safeguards for such safety and protection. CONT1L~,CTOR
shall notify owners of adjacent property and of Underground
Facilities and utility owners-when prosecution of the Work
may affect them, and shall cooperate with them in the pro-
tection, removal, relocation and replacement, of their prop-
erty. All damage, injury or loss to any property referred to
in paragraph 6.20.2 or 6.20.3 caased, directly or indirectly,
in whole or in part, by CONTRACTOR, any Subcontractor,
Supplier or any other person or organization directly or indi-
rectly employed by any of them to perform or furnish any of
the Work or anyone for whose acts any of them may be liable,
shall be remedied by CONTRACTOR (except damage or loss
attributable to the fault of Drawings or Specifications or to
the acts or omissions of OWNER or ENGINEER or anyone
employed by either of them or anyone for whose acts either
of them may be liable, and not attributable, directly or indi-
rectly, in whole or in part, to the fault or negligence of CON-
TR.A~OR). CONTRACTOR's duties and responsibilities
for the safety and protection of the Work shall continue until
such time as all the Work is completed and ENGINEER has
issued a notice to OWNER and CONTRACTOR in accord-
.ance with paragraph 14.13 that the Work is acceptable (except
as otherwise expressly provided in connection with Substan-
tial Completion).
6.21. CONTRACTOR ~hall designate a responsible rep-
-. resentative at-the site whose duty shall be the prevention of
accidents. This_ .person shall be C0CNTRACTOR's superin-
tendent un]ess otherwise designated in.writing by CON-
~-: .T~CTORitoOWNER. ' , . . . .:. ~:..
.... '_. ~_ :: '::..:., --,.}~:... ::}..::' :i~:. :..-.. :-~-:.? .x-..;. ,.;-:...%-: :,- ': 'ti. ;...:.%
CONTRACTOR, without specialinsl
from ENGINEER or OWNER, is ol:
threatened damage, injury or loss. C(
~NGINEER prompt written notice if'(
that any significant changes in the 5
the Contract Documents have been c:
NEER determines that a change in 1
is required because of the action I
emergency, a Work Directive Chart
be issued to document the consequ
variations. ' . _ .:
Shop Drawings and Samples:
6.23. ~fter checking and verifyir
and after complying with applicable
the General Requirements, CONTR
ENGINEER for review and approw
accepted schedule of Shop Drawin[
graph 2.9), or for other appropriate
the Supptement.ary. Conditions, five,
specified in the General Requiremen~
which will bear a stamp or specific
CONTRACTOR has satisfied CO1~
bilities under the Contract Docum~
review of the submission. All subm
as ENGINEER may require. The ¢
Drawings-will be complete with resp
sions, specified performance and d
and similar data to enable ENGINE
marion as required:
6.24. CONTRACTOR shall also
for review and al:qaroval with such
no delay in Work, all samples requir
uments. All samples will have been
partied by a specific written indicati,
has satisfied CONTRACTOR's re:
Contract Documents with respect
mission and will be identified clearl,
pertinent data such as catalog numb~
intended.
6.25.1. Before submission of
sample CONTRACTOR shall ha
fled all quantities, dimensions, sF
teria, installation requirements,
bers and similar data with respe,
or coordinated each Shop Drawl
Shop Drawings and samples and'
the Work and the Contract Docu~
6.25.2. At the time of each s
.TOR shall~ive ENGINEER speci
,: variation that the Shop Drawing
, from the requirements of the Co
._ .. in addition, shall cause a specific
=,~'afeti'oi/ ~rotection of
: site Or adjacent thereto.
ruction or autho~.ation
li~ted to act to prevent
)NTRACTOR shall ~ve
:ONTRACTOR believes
tork or variations from
tused thereby. IfENGI-
ae Contract Documents
iken in response to an
;e or Change Order will
:noes .of the .changes or
:ail field measurements
>rocedures specified in
tcTOR shall submit to
! in accordance with the
submissions (see para-
action if so indicated in
:opies (unless otherwise
s) of all Shop Drawings.
written indication that
'TRACTOR's responsi-
hts with respect to the
SSions will be identified
ara shown on the Shoo
.-.ct to quantities, timerS-
=sign criteria, materials
ER to review the igor-
submit to ENGINEER
promptness as to cause
=d.by the Contract Doc-
checked by and accom-
)n that CONTRACTOR
ponsibilities under the
) the review of the sub-
as to material. Supplier.
rs and the use for which
each Shop Drawing or
~e determined and vefi-
ecified performance cri-
aaaterials, catalog num-
:t thereto and reviewed
ag or sample with other
~ith the requirements of
nents.
ibmission, CONTRAC-
ficwritten notice ofeach
s or samples may have
atract DocUments, and.
notation to be made on
and approval of each such variatiom, %,-:,, ~:'.-::-:~,-:!77~:~?~ ~.: ' attributable tO bodily injury, sickness, disease or death, or to
' ..'_: :;? ::" :' i~injury to or destruction o{tangible propertv {other than the
· 6.26. ENGINEER will review and approve with re~0n-" Work itself) including the loss bf use resuhi~e therefrom and
able promptness Shop Drawings and samples, but ENGI- ' (b) is caused in whole or in ]part by any ~e_~lieent act or
NEER's review and approval will be only for conformance omtsslon of CONTRACTOR. ;ny Subcontractor. an}' person
with the design concept of the Project and for compliance or organization directly or indir :ctly employed by any ofthem
with the information given in the Contract Documents and
shall not extend to means, methods, techniques, sequences
or procedures ofconstruction (except where a specific means,
method, technique, sequence or procedure of constrnction is
indicated in or required by the Contract Documents) or to
safety precautions or programs incident thereto: The review
and approval of a separate item as si~ch will not indicate
approval of the assembly in which the item functions. CON-
TRACTOR shall make corrections required by ENGINEER,
and shall return the required number of corrected cop~es of
Shop Drawings and submit as required new samples for review
and approval. CONTRACTOR shall direct specific attention
in writing to revisions other than the corrections called for
by ENGINEER on previous submittals.
6.27. ENGINEIJR's review and approval of Shop Draw-
ings or samples shall not relieve CONTRACTOR from
responsibility for any variation from the requirements of the
Contract Documents unless CONTRACTOR has in writing
called ENGINEER's attention to each such variation at the
time of submission as required by paragraph-6.25.2 and
ENGINEER has given written approval of each such varia-
tion by a specific written notation thereof incorporated in or
accompanying the Shop Drawing or sample approval; nor
will any approval by ENGINEER relieve CONTRACTOR
from responsibility for errors or omissions in the Shop Draw-
ings or from responsibility for having complied with the pro-
visions of paragraph 6.25. t.
6.28. Where a Shop Drawing or sample is required by the
Specifications, any related Work performed prior to ENGI-
NEER's review and approval of the pertinent submission will
be the sole expense and responsibility of CONTRACTOR.
ConNnulng the }York:
6.29. CONTRACTOR shall carry on the Work and adhere
to the progress schedule during all disputes or disagreements
with OWNER. No Work shall be delayed or postponed pend-
ing resolution of any disputes or disagreements, except as
permitted by paragraph 15.5 or as CONTRACTOR and
OWNER may otherwise agree in writing.
Indemnification:
6.30. To the fullest extent permitted by Laws and Regu-
lations CONTRACTOR shall indemnify and hold harmless
OWNER and ENGINEER and their consultants, agents and
employees from and. against all claims, damages, losses and
expenses, direct, indirect or consequential (including but not
limited to' fees and charges of engineers, architects, attorneys
· and other professionals and court and arbitration'costs) aris-
ing out of or resulting from the performance of the Work,
to perform or furnish any of ti ~e.Work or anyone for whose
acts any of them may be liable, r~ardless of whether or not
it is caused in part by a party i~ de~nnified hereunder or arises
by or is imposed by Law and R{gulations re~rdless of the
negligence of any such party.
6.31'. In any and all claim:~ a~inst'OWNER or ENGI-
NEER or any of their consult: mrs, agents or employees by
any employee of CONTRACI OR, any Subcontractor. any
person or or~nization directly
of them to perform or furnish a
whose acts any of them may I
ob!igation under paragraph 6.~
way by any limitation on the
compensation or benefits payal
or any such Subcontractor or
under workdrs' or workmen's
benefit acts or'other employee
6.32. The obligations of
graph 6.30 shall not extend to
ENGINEER's consultants, age
of the preparation or approval ~
reports, surVeys, Change Order
ARTICLE 7--OTHER WORK
Related Work at Site:
7.1. OWNER may perform c
ect at the site by OWNER's o
performed by utility owners or let,
which shall contain General Cc
the fact that such other work is t¢
in the Contract Documents, w~
given to CON~CTOR prior
work; and, if CONTRACTOR
rnance will involve additional
requires additional time and the
as to the extent thereof, CONT~
therefor as'provided in-Articles
7.2. CONTRACTOR shall a
other contractor who is a party 1
OWNER, if OWNER is performi
OWNER's employees) proper a~
a reasonable opportunity for th·
materials and equipment and the,
shall properly connect and coo<
CONTRACTOR shall do all 'cut~
the Work that may be required to
together properly and integrate ~
~r indirectly employed by any
ny of the Work or anyone for
~e liable, the indemnification
0 shall not be limited in any
~mount or type of damaees.
4e by or for CON'FRACTOR
xherperson or organization
:ompensation acts. disabt~ty,
)enefit acts.
ONTRACTOR under para-
',he liability of ENGINEER.
nts or employees arising out
ff maps, drawing, opinions.
s, designs or specifications.
ther work related to the Proj-
vn forces, have other woE<
)ther direct contracts there,tm-
nditions similar to these.
be performed was not note~
itten notice thereof wilI
to starting any such other
believes that such peffor-
~ense to' CONTRACTOR
parties are unable to agree
:ACTOR may make a claim
I and P_
i~r~'d each utility owner and
&~uch a direct'conamct
rig the additional work with
d sate access to the site and
iiikroduction and storaee of
:xecution of such Work.-a~
inate the Work witfi {heirs.
hag,' fitting and patching o~
make it's sevemLparts come
ith such other work. CON-
TRACI'OR si~all not endanger any work of others b~' C'uttins~.:. '="-~ tures which have b~en utili2~d by E]
excavating or otherwise altering their work and will only cut the Drawings and_Specifications.
or alter their work with the written consent of ENGINEER
and the others whose work will be affected. The duties and
responsibilities of CONTRACTOR under this paragraph are
for the benefit of such utility owners and other contractors
to the extent that there are comparable provisions for the
benefit of CONTRACTOR in said direct contracts between
OWNER and such utility owners and other contractors.
8.5. · OWNER's respons~ilities
and maintaining liability and propert
in paragraphs 5.5 through 5.8.
8.6. OWNER is obligated to ex(
indicated in paragraph- 10.4.
7.3. If any part of CONTRaCTOR's Work depends for 8.7. OWNER's responsibility
proper eXecation or results upon the wOrk °fany SuCh~other-: inspections, tests andapprovals is se
contractor or ut~ity owner (or OWNER), CONTRACTOR In connection with OWNEt
4GINEER ii, preparin
a'respeci of purchasinz
insurance are set forth
:ute Change Orders as
in respect of certain
i forth in paragra_ ph 13.4.
fight to Stop Work or
~nd'lS.l: Paragraph 13.2
shall inspect and promptly report to ENGINEER in writing
any delays, defects or deficiencies in such work that render
it unavailable or unsuitable for such proper execution and
results. CONTRACTOR's failure so to report will constitute ·
an acceptance of the other work as fit and proper for integra-
tion with CONTRACTOR's Work. except for latent or non-
apparent defects and deficiencies in the other work-.
7.4. If OWNER contracts with others for the perfor-
mance of other work on the Project at the ske, the person or
organization who will have authority and responsibility for
coordination of the activities among the various prime con-
tractors will be identified in the Supplementary Conditions,
and the specific matters to be covered by such authority and
responsibility will be itemized, and the ext.ent of such author-
ity and responsibilities will be provided, in the Supplementary
Conditions. Unless otherwise provided in the Supplementary
Conditions, neither OWNER nor ENGINEER shall have any
authority or responsibility in respect of such coordination.
ARTICLE g-OWNER'S RESPONSIBILITIES
8.1. OWNER shall issue all communications to CON-
TRACTOR through ENGINEER.
8.2. In case of termination of the employment of ENGI-
NEER, OWNER shall appoint an engineer against whom
CONTRACTOR makes no reasonable objection, whose sta-
tus under the Contract Documents shall be that of the former
ENGINEER. 'Any dispute in connection with such appoint-
ment shall be subject to arbitration.
suspend Work, see paragraphs 13.10
deals with. OWNER's right to terrr
TRACTOR'under certain circumsta
ARTICLE 9---ENGINEER'S STAT
CONSTRUCTION
Owner's R epres~'n'tati(e: - "
9.1- ENGINEER will be OWl'
lng the construction period. The d
and the limitations of authority of E
representative during construction
tract Documents and shall not be,
consent ofbWNER and ENGINE
Visits to Site:
9.2. ENGINEER will make v
appropriate to the various stages c
the progress and quality of the exe
mine, in gene~ml, if the Work is
with the Contract Documents. ENG
to make exhaustive or continuous o
the quality or quantity of the Wo
will be directed toward providing fo:
of confidence that the completed
Contract Documents. On the basi:
observations as an experienced a~
sional, ENGINEER wiIl keep OW
ress of the Work and will endeavol
defects and deficiencies in the Wo
inate services of CON-
~'es.
IS DURING
ER's representative dur-
tries and responsibilities
,IG'INEER as OWNER's
are set forth in the Con-
i~tended without written
~R~.
ts to the site at intervals
f construction to observe
cuted Work and to deter-
,roceeding .in accordance
,lEER w~l not be required
-site inspections to check
:k. ENGINEER's efforts
· OWNER a greater degree
Work will conform to the
of such visits and on-site
id qualified design profes-
qER informed of the prog-
to guard OWNER against
under the Contract Documents promptly and shall make pay- 9.3. If iN .
'r~ents to CONTRACTOR promptly after they are due as will furnish a Resident Project~ Representative to assmt
provided in paragraphs 14.4 and 14.13. ENGINEER in observing the performance 9fthe Work. The
· . . . : ., ' ' duties,.respons~ilities and limitations of authority of any
8.4. OWNER s duties in resl~eCt of providing lands and ' such Resident Project Represent~tiv-e and assistants will be
easements and ijrOviding engineering' sm~reys -t~r establish - as p,rgvMed in the Supplementary 'Conditfons. If OWNER
zeference points are set forth in paragraphs 4 1 arm 4 4 para_, designates :ino'ther agent to represent OWNER at the site
graph 4 2 refers to OWNER's idenufying and making avail- who .ts.not. ENGINEER s g :n~.c . _ p y ~. .... .
able to ~ONTR~CTOR copie; ofreports bfe:~pl0rafionk aM :7: respo~s..ibilifies..and limitation.s ~¢.aumorityT:ot sucr~ .omer
tests of subsurface conditions at the site and in existing, struc5': ' pers~sx k411 t~ ~s provided in the l ;upplementary Conditions.
9.4. ENGINEER will ,ssue wnh reasonable promptness-z~:..~ ..... ~ "'- ;~'~ V;.~-. ; ~-... ..,., .- , . :
such written clarifications or interpretations of ~he reqUire_.:.'<_-;.' '-' ~..:~ 4'-:'. ....... ..~ 'c .,:.. ~.~; 7-'~.: · ~:- :,,.<~ <~:: ~
. ~e cons,stent w,th or re~onably mfeable .from *e re~;li~;m~OINEER w,, b~: the inifi~ inte~reter of *e
;;1;::l~l~<;~,~t,~ ~ume~,. IfCON~OR q ..s of the Contract Documents and judge of ~e
an: ........ _~-~: umnnc~uon or mte~retation justifies accepmbfl:ty of the Work ~e:'eunder ~ims, dis ute
-,uncage m mc ~ontract ~ce or an e ' other · , ;. P s ~d
Contract ~me ~ ,~ .... . .. xtensmn of the . matt~ rela~ng to the a(.ceptaMhty of the Work or ~e
a,,~ ,,~ pact:es ~e unaole to agree to ~e mte~re~onoftherequwemeats'oftheCon~ctDocume~
amount or extent thereof, CONTRACTOR may make a claim
therefor as provided in Artic[e 11 or Article 12.
.Authorized Variations in Work:
9.5. ENGINEER may authorize minor variations in the
Work from the requirements of the Contract Documents which
do not involve an adjustment in the Contract Price or the
Contract Time and are consistent with the overall intent of
the Contract Documents. These may be accomplished by a
Field Order and will be binding on OWNER, and also on
CONTRACTOR who shall perform the Work involved
promptly. If CONTRACTOR believes that a Field Order
justifies an increase in the Contract Price or an extension of
the Contract Time and the parties a~e unable to agree as to
the amount or extent thereof, CONTRACTOR may make a
claim therefor as provided in Article I 1 or 12.
Rejecting Defective Work:
9.6. ENGINEER will have authority to disapprove or
reject Work which ENGINEER believes to be defective, and
will also have authority to require special inspection or testing
of the Work as provided in paragraph 13.9, whether or not
the Work is fabricated, installed or completed.
Shop Drawings, Change Orders and Payments:
9.7 In connection with ENGINEER's responsibility for
Shop Drawings and samptes, see paragraphs 6.23 through
6.28 inclusive.
9.8. In connection with ENGINEER's respo'nsibilities as
to Change Orders, see Articles I0, 11 and 12.
9.9· In connection with ENGINEER's responsibilities in
pertaining to the performance .. nd furnishing of the Work and
claims under Articles 11 and I Z ii~?.e~pect of changes in the
~,,o~xn r'-t:K m writing ~tn a Irequest for a formal decision
m ay, c .or. Manc. e with thii paragr~bh; Which ENGIN~:r~
ren.~er ,n wry. tmg within a reasonable time. Writt~'"
,each. suc. h.clalm, dispute and ~ther matter will bi-
o~y tile claimant to ENGINEE:'~ and the other
agreement promptly (but in no event later than thirty da~)
after the occurrence of the event giving rise thereto, and
written supporting data will be-s: tbmirted to ENGINEER and
the other party within sixty days after such occurrence unle~
ENGINEER allows an addition: d period of time to ascertain
more accurate..clata in support
' 9.12. When functioning as i
paragraphs 9.10 and 9.11, ENG
tiality to OWNER or CONTRA{
in connection with any interprets
good faith in such capacity· The
ENGINEER pursuant to paragrap
to any such claim, dispute or oth~
have been waived by the making
ment as provided' in paragraph
precedent to any exercise by
of such rights or remedies as eithe:
· the Contract Documents or by Lay
of any such claim, dispute or oth~
l.~'mitations on ENGhVEER'$ R esp(
9.13. Neither ENGINEER's a
Article 9 or elsewhere in the Con
decision made by ENGINEER in g~
or not exercise such authority shal
responsibility of ENGINEER to C'
· the claim.
aterpreter and judge under
INEER we'll not show par.
TI'OR and will not be liable
lion or decision rendered in
rendering of a decision by
'~s 9.10 and 9.11 with respez't
r matter (except any which
or acceptance of final pay-'
14.]6). will be a condition
/NER or CONTRACTOR
may otherwise have under
,s or Regulations in respect
: matter;
~sibilities:
Jthority to act under this
:tact Documents nor any
,od faith either to exercise
[ give rise to any duty or
DNTRACTOR. any ~ub-
respect of Applications for Payment, etc., see Article 14. contractor, any Supplier, or any otis
performing any of the Work, or to a
Determination~ s for Unit Prices:
er person or organization
ty surety for any of them.
9. I0. ENGINEER w~ determine -~ · . 9.14. WheneverintheContract' ~umentsthete~ri~,.s--a$
· .and classifications of U-:- ~' · _.. me actua~ quantities ordered" "-- -,-' ........ '
w~ a r"-r,-,,-, ..... mt rnce Work performed ho t-'r~xt .:. aa mrectea , as requi: ~", "as allowed ', "as
--,-~,..zum ~:NOIN - . ........ .~ ,..,.,a,- a rove " ·
........ - EER wall review with C'c~M ...... P..P cl or terms ofhke effect o~ ~port are used, or the
.z:~talNEER's preliminary determinatio-- ~~t. lL/t( · aajecuves "reasonable .... suitable", ~Cceptable.,' "proper"
· . . -~ ,,n such matters or ' satisfactory" or adjectives of 1 k'i effect
oetore rendering a written dec,stun thereon (by recommen- used to describe a requirement, dh'et {6n rev w°r ,report are
dation of an Application for Payment or otherwise · ' Or 'ual
_ EER_ s.written decisions thereon wi,, :!._ENOZ- or ENOINEER as to the -Wo - :-': ,eS _ gment
ti n O ,a o< llnal an~ ' ' . . . . . sa,, 1'~ ln{¢n~ecI tlaat such
~? . w~$. ER and CONT~CTOR, u~Uess w:-~:- .b,n.dmg. ~eq.u~rement..d=ec~on, review o~"u ent .
alter the clare of~ ...... ,_, . . , mun ten Gays ' ev ....... · .,. ....... j ~gm wall be soled to
.... ,~q auun aecislon, either OWNE~ ~_ t-,,-,;.~, · ,~.~,:~ t.ne worlc lot compliance 'th the Co
IKAL-fOR delivers t'- ,u .... ,- ~,, t. soc~- - merits ............. ~ri = ntract Docu-
' ' .. '- .--.-'~--,- ..:.. - __ .: ;. ~, · ......,. use or any.such term o~ a'dject/ve shaU not be
'-:':'..U-"..--v ::' :': ' ":::-"-i:"--- ._:.':,' :. . .. '.-. .'.-. :. _:. . . :. :. .. :.'' i
' :'-':" ..... :'""'"" ':.'-i'.- "i' .': .:i:::" :
""i'. "" ' i:.' . ', :-. < i"7.57... "'--
effective to assign to 'ENGINEER any duty or autl4ority to'~" 10.4.3. changes in the Contrac~Price or ContractTime
to the provisions of paragraph 9.15 or 9.16. provided that, in lieu of executing al ~y such Change Order.
an appeal may be taken from any such decision in accordance
with the provisions of the Contract Do :uments and applicable
Laws and Regulations, but during any such appeal, CON-
TRACTOR shall carry on the Work :md adhere to the prog-
ress schedule as provided in paragrat h 6.29.
9.15. ENGINEER will not be responsible for CON-
TRACTOR's means, methods, techniques, sequences m/ pro-
cedures of construction, or the safety precautions and pro-
grams incident thereto, and ENGINEER will not be respon-
s~le for CONTRACTOR's failure to perform or furnish the
Work in accordance with the Con. iract Documents:
9.16. ENGIi'qEER will not be resPOnsible for the acts or'
omissions of CONTRACTOR or of any Subcontractor, any
Supplier, or of any other person or organization performing
or furnishing any of the Work.
ARTICLE 10~CHANGES IN THE WORK
10.1. Without invalidating the Agreement and without notice
to any surety, OWNER may, at any time or from time to
time, order additions, deletions or revisions in the Work;
these will be anthofized by a Written Amendment, a Change
Order, or a Work Directive Change. Upon receipt of any such
document, CONTRACTOR shall promptly, proceed with the
Work involved which will be performed under the applicable
conditions of the Contract Documents (except as otherwise
s~ecifically provided).
10.2. fi.OWNER and CONTRACTOR are unable th agree
as to the extent, if any, of an increase or decrease in the
Contract Price or an extension or shortening of the Contract
Tn'ne that should be allowed as a result ora Work Directive
Change, a claim may be made therefor as provided in Article
11 or Article 12.
10.3. CONTRACTOR shall not be entitled to an increase
in the Contract Price or an extension o£ the Contract Time
with respect to any Work performed that is not required by
the Contract Documents as amended, modified and supple-
mented as provided in paragraphs 3.4 and 3.5, except in the
case of an emergency as provided in paragraph 6.22 and
except in the case of .uncovering Work as provided in para-
graph 13.9.
10.4. OWNER and-CONTRACTOR shall execute appro-
priate Change Orders (or Written Amendments) covering:
' I0~4.1. changes in the Work which are ordered by
OWNER pursuant to paragraph 10. L are required because
of acceptance of defective Work under paragraph 13.13 or
correcting defective .Work. under.paragraph 13.14, or are
agreed to-by the parties;
10.4.2." "changes in-the Contract Price or Contract Time
which are ii,tied to h'm'the l~arti~s;'a~d ' . '.. '
10.5. ffnotice ofa~y change aff¢
of the Work or the provisions of th
(including, but not limited to, Cont
Time) is required by the provisions C
to a suretY, the giving of any such no~
TOR's respons~ility, anit the amount
will be adjUSted accordingly.
ARTICLE I 1--CHANGE OF CON:
11.1. The C6htrict Price constil
sation (subject to authorized adjustn
TRACTOR for performing the Work
ities and obligations assigned .to m
TRACTOR shall be at his expen.'s~
Contract Price .....
11.2. ' The Contract Price ma~, onl
Order or by a Written Amendment::,
or decrease in the Gontract Price"sk
notice delivered by the party makin
party and to ENGINEER promptly (1
thirty days) after the occurrence of
the claim and stating the general nat
of the amount of the claim with s~
delivered within sixty days after s'
ENGINEER allows an additional pe
more accurate data in support of
:ting the general scope
~ Contract Documents
tact Price or Contract
f anY Bond to be given
ice will be CONTRAC-
of eaCh applicable Bond
TRACT PRICE
utes the total compen-
tents) payable to CON-
All duties, responsibil-
:undertaken by CON'-
without change in the
g.~ changed by a Change
n~ claim rotan increase
all be 'based on written
; the claim to the oth~-r
)ut in nb event later than
the event giving rise to
~re of the claim. Notice
~pporting data shall be
~ch occurrence (unless
~4od o~ time to ascertain
he claim) and shall be
accompanied by claimant's written s atement that the amount
claimed covers all known amounts (~lirect, indirect and con-
sequential) to which the claimant is entitled as a result of the
occurrence of said event. All Clain~s for adjustment in the
Contract Price shall be determined by ENGINEER in accor-
dance with paragraph 9.11 if OWNI~ and CONTIL, kCTOR
cannot otherwise agree on the amo~ant involved. No claim
for an adjustment in the Contract Price will be valid if not
submitted in accordance with this p~ragraph 11.2.
11.3. The value of any Work co.~ered by a Change Order
or of any claim for an increase or {ecrease in the Contract
Price shall be determined in one of the following ways:
LL3.1X". Where the~Work, in.v.~ 4v. ed4s covered by unit
-prices' con, rained in the Contract Documents, by applica-
tion of unit prices to. the .51Uan.titi .'s of the.items involved
(subjec{ to the provisions of pat agraphs 11.9.1. through
· II.9.3, in~:l~tsivc). ' :"
:-' -"-...::.. :. . ..
11.3.2. By mutual acceptance of a lump sum (which
may include an allowance for overhead and profit not
necessarily in accordance with ~a~'agraph 11.6.2.1). '- -'
11.3.3. On the basis of the Cost-of the work (de'tee'-
mined as provided in paragraphs 11.4 and II.5) plus a
CONTRACTOR's Fee for overhead and profit (deter-
mined as provided in Paragraphs ! 1.6 and 11.7}.
Cost of the Work:
11.4. 'Uae term Cost Of the Work means the sum of all
costs necessarily incurred and paid by CONTRACTOR in
the proper Performance of the Work. Except as otherwise
may be agreed to in writing by OWNER, such costS shall be
in amounts no higher than those prevailing in the locality of
the Project, shall include only the following items and shall
not include any of the costs itemized in paragraph l 1.5:
11.4.1. Payroll costs for employees in the direct employ
of CONTRACTOR in the Performance of the Work under
schedules of job classifications agreed upon by OWNER
and CONTR. ACTOR. Payroll costs for employees not
employed full time on the Work shaft be apportioned on
the basis of their t~me spent on the Work. Payroll costs
shall include, but not be limited to, salaries and wages
plus the cost of fringe benefits which shall include social
security contributions, unemployment, excise and payroll
taxes, workers' or workmen's compensation, health and
retirement benefits, bonuses, sick leave, vacation and hol-
iday pay applicable thereto. Such employees shall include
superintendents and foremen at the site. The expenses of
performing Work after regular working hours, on Satur-
day, Sunday or legal holidays, shall be included in the
above to the extent authorized by OWNER.
11.4.2. Cost of all materials and equipment furnished
and incorporated in the Work, including costs of trans-
portation and storage thereof', and Suppliers' field services
required in connection therewith. All cash discounts shall
accrue to CONTRACTOR unless OWNER deposits funds
with CONTRACTOR with which to make ~ayments, in
which case the cash discounts shall accrue to OWNER.
All trade discounts, rebates and refunds and all returns
from sale of surplus materials and equipment shall accrue
to OWNER, and CONTRACTOR shall make provisions
so that they may be obtained.
11.4.3. -.Payments made by CONTRACTOR to the
Subcontractors for Work Performed by Subcontractors.
If required by OWNER, CONTRACTOR shall obtain
COmpetitive bids from Subcontractors acceptable to. CON-
TRACTOR and shall deliver such bids to OWNER who
will then determine, with the advice oFENGINEER, which
bids will be accepted. If' a subcontract provides that the
Subcontractor is to be paid on the basis of Cost of the
Work 'Plus.a Fee, the Subcomractor's Cost of the Work
shall be determined in the same manner as CONTRAc..
TOR's Cost of the Work. All subcontracts shall be Subject
to the other provisions of th
as-applicable. _ . .:-.:
limited to engineers: archite
veyors, attorneys and accou
specifically related to the W,
11.4.5. Supplementaic0;
11.4.5.I. The. proport~
t/on, travel and subsisten
TOR's employees incurre~
nected with the Work.
II.4.5.2. Cost. includi
tenance, of all materials, st
fry, appliances, office an¢
site and hand tools not ow
are consumed in the perforr
less market value of such it~
which remain the property
I 1.4.5.3. Rentals ofall c
machinery and the parts th,
CONTtLa-CTOR or others
agreements approved by O'
ENGINEER, and the costs
unloading, installation, d
thereof-~all in accordance
agreements. The rental of an3
fry_or pans shall cease when
necessary, for the Work.
11.4.5.4. 'Sales, consume
related to the Work, and for,
liable., imposed by Laws and
11.4.5.5. Deposits lost
gence of CONTRACTOR. an
one d/rectly or indirectly emp
for whose acts any of them m.
payments and fees for permits
11.4.5.6. Losses and d
expenses), not compensated b
to the Work or otherwise susta
in connection with the perfor
the Work (except losses an(
deductible amounts ofproperp
by OWNER in accordance
vided they have resulted from
negligence of CONTRACTOR,
anyone directly or indirectly e~
or for whose acts any of then
losses shall include settlements
consent and approval of
damages and expenses shall be
the Work for the purpose of del
-TOR's 'Fee. If, however,'.'ariy'
Contract Documents in.solar
:onsultants (includinu but not
ets, testing laboratories, sur-
~tants} employed for services
)rk.
ts including the followin
on ~f necessary transporm-
:e .eXpenses of CONTRAC-
t in. ~jscharge of duties con-
~ transportation and main-
pplies, equipment, machin-
temporary, facilities at the
ned by the workers, which
mnce of the Work, and cost
:ms used but not consumed
~f CONTRACTOR.
onstruction equipment and
:reof whether rented from
tn accordance with rental'
~/NER with the advice of
il.transportation, loading.
s~antling and removal
~ith terms of said rental
'such equipment, machin-
he use thereof is no longer
r,: use or similar taxes
~h!ch CONTRACTOR is
Regulations.
Causes other than 'ne~i-
Y Subcontractor or anv-
Ioyed by any of them or
ty be liable, and royalty
and licenses.
amages (and related
insurance or otherw'ise.
~ed by CONTRACTOR ·
~ance and furnishing or'
damages within the
insurance established
~,i~aragmPh $-~), pro-
causes other than the
any Subcontractor. or
l:;lOyed by any of them
:may be hable. Such
m~ide with the written
ER.~ Zqo such losses.
ncluded in the Cost of
:.rrnining CONTRAC-
tach loss or damaste
requires reconstruction and CONTRACTOR is placed '--,.: CONTRACTOR's Fee: ,- : .'::A-e, .*~ .be>-. :b-' .
in charge' thereof, CONTRACTOR shall be paid for :~ ,._ 11.6. The ( DNTRAC-
services a fee proportionate to that stated in paragraph
11.6.2.· TOR for overhead and profit shall determined as follows:
I 1.6.1. a mutually acceptable fee; or if none can
11.4.5.7. The cost of utilities, fuel and sanitary
facilities at the site. be agreed upon. -
II.4.5.8. lvlinor expenses such as telegrams, long
distance telephone calls, telephone service at the site,
expressage and similar petty cash items in connection
with the Work.
11.4.5.9. Cost of premiums for additional 'Bonds
and insurance required because ofchanges in the Work
and premiums for property insurance coverage within
the limits of the deductible amounts established by
OWNER in accordance with paragraph 5.9.
I 1.5. The term Cost of the Work shall not include any of
the following:
11.5.1. Payrollcosts and othercompensaffon'ofCON-
TRACTOR's officers, executives, principals (of partner-
ship and sole proprietorships), general managers, engi-
neers, architects, estimators, attorneys, auditors, accoun-
tants, purchasing and contracting agents, expeditors,
timekeepers, clerks and other personnel employed by
CONTRACTOR whether at the site or in CONTRAC-
TOR's principal or a branch office for general administra-
tion of the Work and not specifically included in the agreed
upon schedule of job classifications referred to in para-
graph 11.4. l or specifically covered by paragraph 11.4.4
all of which are to be considered administrative costs
covered by the CONTRACTOR's Fee.
11.5.2. Expenses of CONTRACTOR's principal and
branch offices other than CONTRACTOR's office at the
site.
11.5.3. Any part of CONTRACTOR's capital expenses,
including interest on CONTRACTOR'S capital employed
for the Work and charges against CONTRACTOR for
delinquent payments.
II.5.4. Cost of premiums for all Bonds and for all
hasurance whether or not CONTRACTOR is required by
the Contract Documents to purchase and maintain the
same (except for the cost of premiums covered by sub:
paragraph 11.4.5.9 above).
11.5.5. -Costs due to the negligence of CONTRAC-
TOR, any Sgbcontractor' or anyone directly or indirectly
employed by any of them or for whose acts any of them
may be liable, including but not limited to, the correction
of defective Work, disposal of materials or equipment
wrongly supplied and making good any damage to prop-
erty. ,
11.6.2. a fee based on the loll win~ percentages of the
various portions of the Cost of th, Work:
11.6.2.1. for costs incurred 11.4.1
and ! 1.4.2, the Fee shall be fifteen
-percent; . ·.. '
' 11.6.2.2. forcostsincurr~d, .h 11.4.3.
the CONTRACTOR': I be'five percent: and if
a subcontract is on the basis 'Cost of the Work Plus
a Fee, the maximum allowable to CONTRA_ fOR on
account of overhead and of all Subcontractors
shall be fifteen per.cent;
11.6.2.3. no fee shall be on thc basis of
costs itemized under: 11.4.4, 11.4.5 and 11.5:
11.6.2.4. the amount of credit to be allowed by
CONTRACTOR to OWNER any such change which
results in a net decrease in :.will be the amount of
the actual net decrease plus ),XFfRAC-
TOR's Fee by an amount eqml..'.to ten percent of the
net decrease: and :'
I1.6.2.5. when both addit
involved in any one change;:tl~
TRACTOR's Fee shall be comp
net change in accordance wit
throagh I 1.6.2.4, incluaive.
11.7. Whenever the cost of any W
pursuant to paragraph 11.4 or 11.5,
submit in form acceptable to ENGIN
breakdown together with supporting t
Cash Allowances:
11.8. It is understood that CONTI
in the Contract Price all allowances so
Documents and shall ca-se the Work
by such Subcontractors or Suppliers as
the limit of the allowances as may be
NEER. CONTRACTOR agrees that:
I'1.8.'1; 'The allowances includ
TR~CIOR (less any applicable era
rials and equipment required by the
ered at the site, and all applicable
H :s.~.. '~ .com-RACTO~:s coi~
11.5.6. 'Other overhead or general expensi costs'o~ " handling on the site;~labof, install:
any kind and the costs of any item not specifically and i-::Profit and o'ther expeases contemph
expressly included in i~m"agr~ph 11.4."- ..' ~- .-..%--=-......:...-¥..... h~ve been included in the Contra~
· .'.,¥ :.-:......~:-:..':-,.: . ...... :::-,..c.,~.~..-:,~: .i-~:-;:: '~.~ :' :-"--?.-'-::.--'ii: :/.','-'?: .:-:c:::.~.~::'-.;: :':. :.:- ~ ,. ~'- .....
i:.! .:-..5.:: -: i-:.:5 ..,. ::,:...',.--'..
· . :- !::i: · ..
ms and credits are
e adjustment in CON-
uteri on the basis of the
paragraphs 11.6.2.1
rk is to be determined
CONTRACTOR will
EER an itemized cost
ara.
',ACTOR has included
named in the Contract
so covered to be done
;d for such sums w/thin
'acceptable to ENGI-
e the cost to CON-
Je discounts} of mate-
fllowances to be deliv-
~xes; and
,tmn ~osts, overhead,
ited for the all0wan~:es
Price and not in thk
allowances. No demand for additional payment on account' ' shall'be determined bY ENGII~
of any thereof will be valid. . - ..
Prior to final payment, an appropriate change Order will be
issued as recommended by ENGINEER to reflect actual
amounts due CONTRACTOR on account of Work covered
by allowances, and the Contract Price shall be correspond-
ingly adjusted.
Unit Price Work:
11.9.1. Where the Contract Documents provide that
all or part of the Work is to be Unit Price Work, initially
the Contract Price will be deemed to include for all Unit
Price Work an amount equal to the sum of the established
unit prices for each separately identified item of Unit Price
Work times the estimated quantity of each item as indi-
cated in the Agreement. The estimated quantities of items
of Unit Price Work are not guaranteed and are solely for
the purpose of comparison of Bids and determining an
initial Contract Price. Determinations of the actual quan-
tities and cla.sdfications of' Unit Price Work performed by
CONTRACTOR will be made by ENGINEER in accor-
dance with Paragraph 9. I0.
11.9.2. Each unit price will he deemed to include an
amount considered by CONTRACTOR to be adequate to
cover CONTRACTOR's overhead and profit for each sep-
arately identified item.
11.9.3. Where the quantity of any item of Unit Price
Work performed by CONTRACTOR differs materially
and significantly from the estimated quantity of such item
indicated in the Agreement and there is no corresponding
adjustment with respect to any other item of Work and if
CONTRACTOR believes that CONTRACTOR has
incurred additional expense as a result thereof, CON-
TRACTOR may make a claim for an increase in the Con-
tract Price in accordance with Article 11 if the parties are
unable to agree as to the amount of any such increase.
ARTICLE 12--CHANGE OF CONTRACT TIME
12.1. The Contract Time may only be changed by a Change
Order or a Written Amendment. Any claim for an extension
or shortening of the Contract Tune shall be based on written
notice delivered by the party making the claim to the other
party and to ENGINEER promptly (but in no event later than
thirty days) after the occurrence of the event giving rise to
the claim and stating the general nature of the claim. Notice
of the extent of the claim with supporting data shall be deliv-
ered within sixty days after such occurrence (unless ENGI-
NEER allows an additional period of' time to ascertain more
accurate data in support of the claim) and shall .be accom-
panied by the claimant's written statement that the adjust-
ment claimed is the 'entire adjustment to which the claimant
has reason to believe it is entitled as a result of the occurrence
of said event. All claims for adjustment in the Cor~tract Time
graph 9.11 if OWNER and COl
agree. No claim for an adjust~
be valid if not submitted in acc
of this paragraph 12.1.
12.2. The Contract Time
equal to time lost due to dela'
TRACTOR if a claim is made
graph 12.1. Such delays shall !
acts or neglect by OWNER o~
work as contemplated by Arti,
disputes, epidemics, abnormal
God. -.
12.3. All time limits state~
are of the essence of the Agre
Article' 12 shall not exclude re~
but not limited to fees and ch~
attorneys and other professio~
costs) for delay by either party
ARTICLE 13--:-WARRANTY
TESTS AND I
CORRECTIOr
ACCEPTANC
warranty and Guarantee:
13.1. CONTRACTOR w
OWNER and ~iNGINEER th;
dance with the Contract Docurr
Prompt notice of all defects s
TOR. All defective Work, wN
rejected, corrected or accepted
Access to }York:
13.2. ENGINEER and El'
other representatives of OWN]
ernmental agencies withjurisdicl
to the Work at reasonable times f
and testing. CONTRACTOR
conditions for such access.
Tests and Inspections: :
13.3. CONTRACTOR shall
of readiness of the Work for all
approvals.
13.4. If Laws Or Regulatio
jurisdiction requite any Work
be inspected, tested or appn
assume full responsibility therel
therewith 'and furnish ENGIN]
otSnspection, testing or approv:
EER in aCcordance with para-
~rRACTOR cannot otherwise
lent in the Contract Time will
)rdance wi~h the requirements
rill be extended in an amount
s beyond the control of CON-
thi?efor as provided in pm-
nclude, but not be limited to,
' others performing additional
:lc 7, or to fires, floods, labor
weather conditions or acts of
I'in the Contract Documents
.-me. nt. The provisions of this
:overy for damages (including
~'ges of engineers, architects.
tals and court and arbitrat/on
51D GUARANTEE:
NSPECTIONS;
I,REMOVAL OR
g OF DEFECTIVE WORK
errants and guarantees to
tt all Work will be in accor-
ents and will not be defective.
tall be given to CONTRAC-
:ther or not in place, may be
as provided in this Article 13.
IGINEER's representatives.
iR. testing agencies and gov-
ional interests will have access
)r their observation, inspecting
hall provide proper and safe
jvc ENGINEER timely notice
required inspections, tests or
iS'of any public body having
)r part thereof) to specifically
)ved, CONTRACTOR shall
Or, pay ali costs in connection
:-ER the required certificales
d. CONTRACTOR shall also
be respons~le for and shall pay all'costs in ~:onneCti°n With::~: 5thereof,~CONTRACTOR may make
any inspection or testing required in'co/mection with OWN-
ER's or ENGINEER's accep~ande ~i' a Supplier of materials
or equipment proposed to be incorporated in the Work, or of
materials or equipment submitted for approval prior to CON-
TRACTOR's purchase thereof for incorporation in the Work.
The cost of all inspections, tests and approvals in additibn to'
the above which are required by the Contract Documents
shall be paid by OWNER (unless otherwise specified).
13.5. All inspections, tests or approvals other than those
required by Laws or Regulations of any public body having.
jurisdiction shall be performed by organizations acceptable
to OWlqER and CONTRACTOR (or by ENGINEER if so
specified). · -
13.6. If any Work (including the work 8f others) that is
to be inspected, tested or approved is covered without written
concurrence of ENGINEER, it must, if requested by ENGI-
NEER, be uncovered for observation. Such uncovering shall
be at CONTRACTOR's expense unless CONTRACTOR has -
given ENGINEER timely notice of CONTRACTOR's inten-
tion to cover the same and ENGINEER has not acted with
reasonable promptness in response to such notice..
13.7. Neither observations by ENGINEER nor inspec-
tions, tests or approvals by others shall relieve CONTRAC-
TOR from CONTRACTOR's obligations to perform the Work
in accordance with the Contract Documents.
Uncovering Work:
13.8. If any Work is covered contrary to the written request
of ENGINEER, it must, if requested by ENGINF_FR., be
uncovered for ENGINEER's observation and replaced at
CONTRACTOR's expense.
13.9. If ENGINEER considers it necessary or advisable
that covered Work be observed by ENGINEER or inspected
or tested by others, CONTRACTOR, at ENGINEER's
request, shall uncover, expose or otherwise make available
for observation, inspection or testing as ENGINEER ma5/
require, that portion of the Work in question, furnishing all
necessary labor, material and equipment. If it is found that
such Work is defective, CONTRACTOR shall.bear all direct,
indirect and consequential costs of such uncovering, expo- -
sure, observation, inspection and testing-and of satisfactory '
reconstruction, (including-bur nor limited to fees and charges
of engineers, architects, attorneys and other professionals),
hnd OWNER shall be entitled to an appropriate decrease irt
the Contract Price, and, if the parties are unable to agree as
to the amount thereof, may make a claim therefor-as-provided
in Article 11. If, however, such Work is not found to be
defective, ,CONTRACTOR shall be allowed an increase ia
the Contract price orm'r extensio'n of th~ Contract 'l"ime~ or
both, directly attributable to such uncovering,' exposure,
observation, inspection, testing and reconstruction; and, if
the parties-are unable to ~igi'~e 'a/'to th~ amSdfit'or extent. '
2.~'..~;:;L~'.~--'2 ~:~ ~:I~%~7~:'-' ';.-;." ::-'~' '-"-'- :~- ....... :' ~-: ' ....
Owner ,Flay stop the Work:
13.10. 'If the Work is defective,
to supply sufficient skilled workers
equipment, or fails to furnish or per
way that the completed Work will,
Documents, OWNER may order CC
Work, or any portion thereof, until
has been eliminated; however, this 1
the Work shall not give rise tO any dul
to exercise.this right for the benefi
any other party.
· Correction or Removal of Defective g
13.11. Ifrequiredby ENGINEE
promptly, as directed, either corr
whether or not fabricated, installed
Work has been rejected by ENGIN
site and replace it with nondefectivt
shall bear all dire. ct, indirect and co~
correction or removal (including bc
charges of engineers, architects, att
sionals) made necessary thereby.
One Year Correction Period:
13.12. If within one year after
Completion or such longer period
scribed by L, aws or ,Regulations or
cable special guarantee required by
or by any specific provision of the C
Work is found to be defective. CONT
without cost to OWNER and in acc,
written instructions, either correct
if it has been rejected by OWNER
and replace it with nondefective
does not promptly comply with the te
or in an emergency where delay wo
loss or damage, OWNER may have
rected or the rejected Work remov
direct, indirect and consequential c~
replacement (including but not limit,
engineers, architects, attorneys and
be paid by CONTRACTOR. In spec
a particular item of equipment is pla~
before Substantial Completion of all
period for that item may start to ru
so provided in the Specifications or
Acceptance of Defective Work:
.13.13.. If, instead of requiring ct
replacen~nt of defective Work; (
ENGINEER's. reconunendation :~
ENGINEER) prefers to accept.it, O'
TRACTOR shall bear all direct, im
~claire'therefor'as ~ro-. ~
~r CONTtLa, CTOR fails
or suitable materials or
:'orm the Work in such a
:onform to the Contract
NTRACTOR to atop the
:he cause for such order
ight of OWNER to stop
y on the part of OWiqER
of CONTRACTOR or
R, CONTRACTOR shall
~-ct all defective Work.
or ~:ompleted, or, if the
:~ER, remove it from the
Work. CONTRACTOR
tsequential Costs of such
t not limited to fees and
~rneys and other profes-
the date of Substantial
of'time as may be pre-
y the terms of any appli-
:he Contract Documents
ontract Documents, any
~L-~CTOR shall prompdy'.
)rdance with OWNER's
uch defective Work, or.
remove it from the site
ork. If CONTRACTOR
rms of such instructions.
aid cause serious risk of
the defective Work cor-
:d and replaced, and all
~sts of such removal and
:d to fees and charges of
othergrofessionals) will
iai circumstances where
ed in continuous service
the Work, the correction
n from an earlier date if
~y Written Amendment.
rrection or r~moval and
),WNER (and, prior to
,f-:final payment,' also
hrNER may do so. CON-
lirect and consequential
costs attributable to OWNER's evaluation of and determi-
nation to accept such defective Work (such costs t6b~prov'ed_
by ENGINEER as to reasonableness and {o include but not
be limited to fees and charges of engineers, architects, attor-
neys and other professionals). If any such acceptance occurs
prior to ENGINEER's recommendation of final payment, a
C. han~e Order will be issued incorporating the necessary revi-
szons m the Contract Documents with respect to the Work;
and OWNER shall be entitled to an appropriate~ decrease in
the Contract Price, and, if the ~arties are unable to agree as
to ~e amount thereof, OWNER may make a claim therefor
as provided in Article 11. If the acceptance occurs after such
recommendation, an appropriate amount will be paid by
CONTRACTOR to OWNER.
~RTICLE I/~4~.. pAybi~NTS '0.CONTRACTOR AND
: - COMPLETIOI
· ~:-_ .-: -~(~:?.-.
Schedule of Values:
14.1. The schedule of valu.
paragraph 2.9 will serve as the
and will be incorporated into a
ment acceptable to ENGINt
account of Unit Price Work w
units completed.
Applicatio~t for Progress ~aym. en
14.2. At least twenty days b
is scheduled (but not more ofte~
TRACTOR shall submit to ENC
cation for Payment filled out an~
in these General Conditions re:
evidence that the materials' and
approph.'ate property insurance
protect OWNER's interest there
isfactory to OWNER. The amou~
to progress payments will be as si
:s established as provided in
basis for progress payments
fo.rn3 of Application for Pav-
E~:".Progrgss payments ;n
lSe based on the number of
:i' :)' ,i . '.
:fore each progress payment
~ than once a month). CON-
INEER for review an Appl[-
OWNER May Correct Defective Work:
13.14. If CONTRACTOR fails within a reasonable time
after written notice of ENGINEER to proceed to correct and
to correct defective Work or to remove and replace rejected
Work as required by ENGINEER in accordance with para-
graph 13. I 1, or if CONTRACTOR fails to perform the Work
in accordance with the Contract Documents, or if CON-
TRACTOR faiIs to comply with any other provision of the
Contract Documents, OWNER may, after seven days' writ-
ten notice to CONTRACTOR, correct and remedy any such
deficiency. In exercising the rights and remedies under this
paragraph OWNER shall proceed expeditiously. To the extent
necessary to complete corrective and remedial action, OWNER
may exclude CONTRACTOR from all or part of the site, take
possession of all or part of the Work, and suspend CON-
TtL~-CTOR's services related thereto, take possession of
CONTRACTOR's tools, appliances, construction equipment
and machinery at the site and incorporate in the Work all
materials and equipment stored at the site or for which OWNER
has paid CONTRACTOR but which are stored elsewhere.
CONTRACTOR shall allow OWNER, OWNER's represen-
tatives, agents and employees such access to the site as may
be necessary to enable OWNER to exercise the rights and
remedies under this paragraph. All direct, indirect and con-
sequential costs of OWNER in exercising such rights and
remedies will be charged against CONTiLACTOR in an amount
approved az to reasonableness by ENGINEER, and a Change
Order will be issued incorporating the necessary revisions in
the Contract-Documents with respect to the Work; and
OWNER shall be entitled to an appropriate decrease in the
Contract Pri_ce, and, if the parties are unable to agree as to
the amount thereof, OWNER may make a claim therefor as
provided in Article 11. Such direct, indirect and consequen-
rial costs will-include but not be limited to fees and charges
of engineers, architects, attorneys and other professionals,
all court and arbitration costs and all. costs of repair and
replacement of work. of others destroyed or damaged by
correction, removal or replacement of CONTRACTOR's
defective Work. CONTRACTOR shali not be 'allowed an
extension of the Contract Time because of any delay in' per-
formance of the Work attributable to the exercise by OWNER
of OWNER's rights and remedies hereunder.: :"5 :::~: - -' '
[ signed by CONTRACTOR
covering the Work completed as laf the date of the Application
,and accompanied by such supporting documentation as is
required by the Contract Documents. If payment is requested
on the basis of materials and equipment not incorporated in
the Work but delivered and suitably stored at the site or at
another location agreed to in ~ triting, the Application for
Payment shaII also 'oe accompan [ed by a b~! of sale, invoice
or other documentation warranti~ g that OWNER has received
the materials and equipment free: nd clear ofall liens, charges.
security interests and encumbr~ ~ces (which are hereina~er
CONTRA CTOR's Warranty of Titl
14.3. CONTRACTOR warrar
to all Work, materials and equipn
cation for Payment, whether inc~
not, will pass to OWNER no late
free and clear of all Liens.
Review of Applica~'ons for Progress
14.4. ENGINEER will, withi~
each Application for Payment, e
recommendation of payment and
OWNER, or return the Applicatio
caring in writing ENGINEER's r~
ommend payment. In the latter c:
make the necessary corrections
tion. Ten days after presentation
ment with ENGINEER's recomn
ommended will (subject to the pro'
of paragraph 14.7) become due
OWNER to C0.N .TRACTOR.
': 14.5." ENGINEER'; r;corn~;
r~quest~d in 'an At~pli~afion foi'
'erred to as "Liens") and
equipment are covered by
md other arrangements to
'n, all of which ~vill be
~t of retainage with respe:t
ipulated in the Agreement.
ts and guarantees that title
tent covered bv any Appli-
~rporated in the Project or
: than the time of payment
PaY m¢~tt:
~ ten days after receipt of
t. her indicate in writin_~ a
present the Application to
a. to CONTRACTOR indi-
:a's'ons for refusing to
_se, CONTRACTOR may
n'~l'resubmit the Applica-
fthe Application for Pay-
· .fi~lation, the amount rec-
i~{°ns of the last sentence
When due will he paid by
,da"~o~ 'of' any' ~ayment
aYn~ent will constitute a
representation by ENGINEER to OWNER., based on ENGI- OWNER' tb a'set~off against the am
NEER's on-site observations of the Work in progress as'an". ~ OWNER'muit give CONTRACTOR
experienced and qualified design professional and on ENGI~
NEER's review or' the Application for Payment and the
accompanying data and schedules that the Work has pro-
gressed to the point indicated; that, to the best of ENGI-
NEER's knowledge, information and belief, the quali[y of
the Work is in accordance with the Contract Documents
(subject to an evaluation of the Work as a functioning Whole
prior to or upon Substantial Completion, to the results of any
subsequent tests called for in the Contract Documents, to a
final determination of quantities and classifications for Unit
Price Work under paragraph 9.10, and to any other qualifi-
cations stated in the recommendation); and that CONTRAC--
TOR is entitled to payment of the amount recommended.
However, by recommending any such payment ENGINEER
will not thereby be deemed to have represented that exhaus-
tive or continuous on-site inspections have been made to-
check the quality or the quantity of the Work beyond the
responsibilities specifically assigne.d to ENGINEER in the
Contract Documents or that there may not be other _matters
or issues between the parties that might entitle CONTRAC-
TOR to be paid additionally by OWNER or OWNER to
withhold payment to CONTRACTOR.
14.6. ENGINEER's recommendation of final payment
will constitute an additional representation by ENGINEER
to OWNER that the conditions precedent to CONTRA&
TOWs being entitled to final payment as set forth in paragraph
I4.13 have been fulfilled.
14.7. ENGINEER may refuse to recommend the whole
or any part of any payment if, in ENGINEER's opinion, it
would be incorrect to make such representations to OWNER.
ENGINEER may also refuse to recommend any such pay-
ment, or, because of subsequently discovered evidence or
the results of subsequent inspections or tests, nullify any such
payment previously recommended, to such extent as may be
necessary in ENGINEER's opinion to protect OWNER from
loss because:
14.7.1. the Work is defective, or completed Work has
been damaged requiring correction or replacement,
14.7.2. the Contract Price has been reduced by Writ-
ten Amendment or Change Order,
14.7.3. OWNER has been required to correct defec-
tive Work or complete Work in accordance with paragraph
13.14, or
14.7.4. of ENGINEER's actual knowledge of .the_
- occurrence of any of the events enumerated in paragraphs
15.2.1 through 15.2.9 inclusive.
(with a copy to ENGINEER) stati
action. .
Substantial Completion:
14.8. When CONTRACTOR cz
ready, for its intended use CON'
OWNER and ENGINEER in writin
substantially complete (except for i.t,
CONTRACTOR as incomplete) a
NEERissue a certificate of Substa~
a reasonable time thereafter, OWN!
ENGINEER shah make an inspecti
mine the status of completion. If EI~
sider the Work substantially complete
CONTRACTOR in writing giving
ENGINEER considers the Work
ENGhNEER will prepare and delive
certificate of Substantial Completio~
of Substantial Completion. There
certificate a tentative list of items
rected before final payment. OWNI
after receipt of the tentative certific:
written objection to .ENGINEER
certificate or attached list. If, after
tions, ENGINEER concludes that's.
tially complete. ENGINEER will ~
submission_ of the tentative certifi
CONTRACTOR in writing, statin~
after consideration of OWNER's
considers the Work substantially co-i
within said fourteen' dgys execute
and CONTRACTOR a definitive
Completion (with a revised tentativ
pleted or corrected) reflecting such c
certificate as ENGINEER believes
ation of any objections from OWNE
of the tentative certificate of Subsu
NEER will deliver to OWNER and
recommendation as to division of
final payment between OWNER a~
respec, t to security, operation, sal
utilities, insurance and warran/'ie~
CONTRACTOR agree otherWise i
ENGkN~ER prior to ENGINE~
certificate of Substantial Completi~
said recommendation will be bindin
TRACTOR until final payment.
14.9. OWNER shall have the
TRACTOR fromthe Work after the
pletion, but OWNER shall allow CC
access to complete or correct items
OVgNER may refuse to make payment .of the full amount .
recormnended by ENGINEER because claims have been
made against OWNER. on account of CONTRACTOR's per-.
Utilization:
formance or furnishing of the Work or Liens have been filed..- 14.10.. -Use by OWNER 'of any
in connection with the Workl or there are other items entitling- -.. which has specifically been identif
ount recommended, but
immediate wriuen notici
~g the reasons for such
nsiders the entire Work
?RACTOR shall noti~'
g that the entire Work is
:ms Spec!fically listed by
~d request that ENGI-
trial Completion. Within
',R, CONTRACTOR and
an of the Work to deter-
IGINEER does not con-
, ENGINEER wil notify
the reasons therefor. If
;ubstantially complete.
to OWNER a tentative
which shall fix the date
hall be attached to the
:o be co. mpleted or cor-
',R shall have seven days
;re during which to make
to any provisions of the
c..o. nsidering such objec-
xe'Work is not substan-
inn fourteen days after
:ate to OWNER noti~'
the reasons therefor. If.
)bj;ctions, ENGINEER
nplete,ENGhNEER will
and deliver to OWNER
:ertificate of Substantial
: list of items to be com-
nanges from the tentative
justified after consider-
R. At the time of delivery
ntial Completion ENGI-
:ONTRACTOR a written
responsibilities pending
td CONTRACTOR with
ety, maintenance, heat.
Unless OWNER and
writing and so inform
s issuing the definitive
,n, ENGINEER's afore-
on OWNER and CON-
right to exclude CON-
date of Substantia~ Com-
NTRACTOR reasonable
on the tentative list.
inis~e~l'part of the Work,
~d in 'the contra~:t Docu-
merits, or which .OWNER, ENGII~EER and CONTRAC-
TOR agree constitutes a separately functi0nin ' ~ind'
part of the W g useable"'
ork that can be used by OWNER without sig-'
nificant interference with CONTRACTOR's performance of
the remainder of the Work, may be accomplished prior to
Substantial Completion of all the Work subject to the follow-
ing:
14.10.1.. OWNER at any time may request CON-
TRACTOR in writing to permit OWNER to use any'such
part of the Work which OWNER believes to be ready for
its intended use and substantially complete. If CON-
TRACTOR agrees, CONTRACTOR will certify to OWNER
and ENGINEER that said part of the Work is substantialIy
complete and request ENGINEER to issue a certificate of
Substantial Completion fdr that part of the Work. CON-
TRACTOR at any time may notify OWNER and ENGI-
NEER in writing that CONTRACTOR considers any such
part of the Work ready for its intended use and substan-
tially Complete and request ENGINEER to issue a certif-
icate of Substantial Completion for that part of the Work.
Within a reasonable tirneafter either such request, OWNER,
CONTRACTOR and ENGINEER shall make an inspec-
tion of that part of the Work to determine its status of
completion. If ENGINEER does not consider that part of
the Work to be substantially complete, ENGINEER will
notify OWNER and CONTRACTOR in writing giving the
rea.sons therefor. If ENGINEER considers that part of the
Work to be substantially complete, the provisions of para-
graphs 14.8 and 14.9 will apply with respect to certification
of Substantial Completion of that part of the Work and the
division of responsibility in respect thereof and access
thereto.
14.10.2. OWNER may at any time request CON-
'TRACTOR in writing to permit OWNER to take over
operation of any such part of the Work although it is not
substantially complete. A copy of such request will be
sent to ENGINEER and within a reasonable time there.
after OWNER, CONTRACTOR and ENGINEER shall
make an inspection of that part of the Work to determine
its status of completion and will prepare a list of the items
remaining to be completed or corrected thereon before
final payment. If CONTRACTOR does not object in writ-
ing to OWNER and ENGINEER that such part of the
Work is not ready for separate operation by OWNER,
ENGINEER will finalize the list of items to be Completed
or corrected and will deliver such list to OWNER.and
CONTRACTOR together with a written recommendation
as to the division of responsibilities pending final payment
between OWNER and CONTRACTOR with respect to
security, operation, safety, maintenance, utilities, insur-
ance, warranties and guarantees for that part of the Work
which will become binding Upon OWNER and CON-
TRACTOR at the time when OWNER takes over such
.operation (unless they shall have otherwise agreed in writ-
zng and so informed ENGINEER). Durin suc '
and prior to Substantial r'~,,~,_.:_ ~ g . h operation
~,,,,,~,guon ot SUCh part of the
i~Work, OWNER shall allow CONTRACTOR reasonable
access to complete or correct items on said list and to
complete other related Work·
1'4.10.3. No occupancy
of the Work will be accompl
the requirements of paragra
insurance. _ _~ -~ ..
Final Inspection:
14.1 I. Upon written notice f
entire Work or aa a~eed portio:
NEER will make a final inspect:
TRACTOR and will notify CO~
particulars in which this inspec~
incomplete or defective. CONT
take such measures as are nec~ ssary to'remedy such ded(-
ciencies.
nramtenance and operating inst.n ctions, schedules, guaran-
tees, Bonds, certificates of insl:ection, marked-up record
documents (as provided in parag apb 6. I9) and other docu-
merits--ail as r~quired by the Con
.ENGINEER has indicated that th
ject to the provisions of paragrap
may make application for final pi
cedure for pro~ess payr~ents. The
ment shall be accompanied by all
or separate Ol3eration of pan
'shed prior tffCompliance
ph 5.15 in' respect of property
°mCONTRACTOR that the
~ dmereofis complete, ENGI-
on,with OWNER and CON-
[TRACTOR in writing of all
iorgi'eveals that the Work is
.LA~-"rOR shall immediately
OWNER or OWNER's property mi
sib[e, have been paid or otherwise
the surety, if any, to final payment.
Supplier fails to furnish a release ~
TRACTOR may furnish a Bond or ~
tory to OWNER to indemnify OWN
a-act Documents, and after
Work is acceptable (sub-
.14.16), CONTRACTOR
.Yment following the pro-
~nal Application for Pav-
d6~i.lmentation called
in the Contract Documents, togethe - with complete and legally
effective-releases or waivers (satisl ~ctory to OWNER) gf ail
Liens arising out of or filed in conreCtion with the Work. In
lieu thereof and as approved by O~ER, CONTRACTOR
may furnish receipts or releases in ~fi? a'n affidavit of CON
TRACTOR that the re ;'- ' '"
. leases and r~ipts include all labo
services, material and e"u: ...... 1 .~- ... , r.
"l ~pt,ent tpr winch a Lien could be
filed, and that all payrolls, material ~nd equipment bills, and
other indebtedness connected with the Work for which
:hr in any way be respon-
;atisfied; and consent of
If any Subcontractor or
r receipt in full, CON-
~ther collateral satisfac-
.~R against any Lien.
FEER's observation of
final inspection, and
Final Payment and Acceptance:
14.13. If, on the basis of ENGI?
the Work during construction and
ENGINEER's review of the final A ~plication for Payment
and accompanying documentation._ ill as required by the
Contract Documents, ENGINEER is ~fisfied that the Wot
has been completed and CONTRAr~ ~;;'.' - .. k
,-.: ot~ s o~er ooli ti
.u.n3 Lthe Contract r :uments have?been e.".°-",s
.... ys rec,:pt of the final Ap li-
cauon Ior-rayment, indicate in writi,io ~:xt~tx,,-..~ P
°~_u_ar_n__endation of payment and Present the a--'-' .... c
UWNER for payment. Thereu " rxppncauon to
· pon ]~NGINEER will give
.written notice to OWNER and.CONTR. ~CTOR that the Work
-- ts acceptable subject to the provision, of paragraph 14.16.
28 ....
Otherwise, ENGIFiEER'will'return t~ Application t° CON-_ .... : CONTRACTOR's continuing
TRACTOR, indicating in writing the reasons for~refusing to...: ~:., ¥. tract Documents; and. :-:-' ~ .
recommend final payment, in which case CONTRACTOR -
shall make the necessary corrections and resubmit the Appli:
cation. Thirty days after presentation to OWNER of the
Application and accompanying documentation, in appropri-
ate form and substance, and with ENGINEER's recommen-
dation and notice of acceptability, the amount recommended
by ENGINEER will become due and will be paid by OWNER
to CONTRACTOR.
14.16.2. a waiver of all clai
against OWNER other than those
lng and still unsettled.
14.14. If, through no fault of CONTRACTOR, final com-
pletion of the Work is significantly delayed :and if ENGI-
NEER so confirms, OWNER ~hall; upon receipt of CON-
TRACTOR's final Application for Payment and recommen-
dation of ENGINEER, and without terminating the Agree-
ment, make payment of the balance due for that portion of
the Work fully completed and accepted. If the remaining
balance to be held by OWNER for Work not fully completed
or corrected is less than the retainage stipulated in the Agree-
ment, and if Bonds have been furnished as required in para-
graph 5.1, the written consent of the surety to the payment
of the balance due for that portion of the Work fully com-
pleted and accepted shall be submitted by CONTRACTOR
to ENGINEER with the Application for such payment. Such
payment shall be made under the terms and conditions gov-
erning final payment, except that it shall not constitute a
waiver of claims. '
Contractor's Continuing Obligation.'.
14.15. CONTRACTOR's obligation to perform and com-
plete the Work in accordance with the Contract Documents
shall be absolute. Neither recommendation of any progress
or final payment by ENGINEER, nor the issuance of a cer-
tificate of Substantial Completion, nor any payment by
OWNER to CONTRACTOR under the Contract Documents,
nor any use or occupancy of the Work or any part thereof by
OWNER, nor any act of acceptance by OWNER nor any
failure to do so, nor any review and approval of a Shop
Drawing or sample submission, nor the issuance of a notice
of acceptability by ENGINEER pursuant to paragraph 14.13,
nor any correction of defective Work by OWNER will con-
stimte an acceptance of Work'not in accordance with the
Contract Documents or a release of CONTRACTOR's obli-
gation to perform the Work in accordance with the Contract
Documents (except as provided in paragraph 14.16).
Waiver of Clain~:
14.16. The making and acceptance of final payment will
constitute:
14.16.1. a waiver of all claims by OWNER against
CONTRACTOR, except claims arising from-unsettled
Liens, from defective Work appearing after final inspec-
tion pursuant to paragraph 14.11 or from failure to comply
with the Contract Documents or the terms of any special
guarantees specified therein; however, it will not consti-
tute a waiver by .OWNER of any fights in-respect of
... -. .:.-..-~ .: ' ~-'::. :~
under the Con-
by CONTRACTOR
~ made in writ-
ARTICLE 15--SUSPENSION OF htORK AND
TERMINATION
OWner May Suspend Work:
15.1. OWNER may, at any
pend the Work or any portion there,
than ninety days by ~
ENGINEER Which will fix the
resumed. CONTRACTOR shall re~
So fixed. CONTRACTOR shall be:
Contract Price or an
directly attributable to any
makes an approved claim therefor
and 12...
and without cause, sus-
lot more
to CONTRACTOR and
On which Work will be
: the Work on the date
an increase in the
:ontract Time, or both,
~sion if CONTRACTOR
provided in Articles 11
Owner May Terminate:
15.2. Upon the occurrence
following events:
15.2:1. if CONTRACTOR {
under any chapter of the
States Code), as now or
TRACTOR takes any equivaler
a petition or otherwise under
law in effect at such time relz
insolvency;
any one or more of the
'mences a voluntary case
~t~y Code (Title 11. United
ter in effect, or if CON-
or similar action by filing
other federal or state
icj the bankruptcy or
15.2.2. if a petition is filed against CONTRACTOR
under any chapter of the BaOkruptcy Code as now or
hereafter in effect at the timepf filing, or if a petition is
filed seeking any such equivalent or similar relief a~ains:
CONTRACTOR under any otaer federal or state law in
effect at the time relating to bankruptcy or insolvency;
15.2.3. if CONTRACTOR ~
for the benefit of creditors;
15.2.4. if a trustee, recei~
. CONTRACTOR is appointed u
contract, whose appointment
of property of CONTRACT~
enforcing a Lien against such
of general administration of s~
of CONTRACTOR's crediton
15..2.5.. if COblTRACIOR
ity to pay its debts ~nerally
15.2.6. ifCONTRACTOI
~a'e Work fin accordance wit
~'-....~...... ~
29'
:
nakes a general assignment
'er, custodian or agent of
ader applicable law or under
~r anthodty to take charge
2)R is for the purpose of
~roperty or for the purpose
ich property for the benefit
tdmits in writing an inabil-
they become due~¢
~ersistently fails to perform
the Contract. Documents
(including. but not limited to, failure to supply sufficient
skilled workers or.suitable materials'or equipment 'o~-
failure to adhere to the progress schedule established under
paragraph 2.9 as revised from time to time);
1:5.2.7. if CONTRACTOR disregards Laws or Regu-
lations of any public body having jurisdiction;
15.2.8. if CONTRACTOR disregards the authority of
ENGINEER; or
15.2.9. if CONTRACTOR otherwise violates in any
substantial way any provisions of the Contract Docu-
menu;
OWNER may, after giving CONTRACTOR {and the surety,
if there be one) seven days' written notice and to the extent
permitted by Laws and Regulations, terminate the services
of CONTRACTOR, exclude CONTRACTOR from the site
and take possession of the Work and &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 ali materials
and equipment stored at the site or for which OWNER has
paid CONTRACTOR but which are stored elsewhere, and
finish the Work as OWNER may deem expedient. In such
case CONTRACTOR shall not be entitled to receive any
further payment until the Work is finished. If the unpaid
balance of the Contract Price exceeds the direct, indirect and
consequential costs of completing the Work (including but
not limited to fees and charges &engineers, architects, attor-
neys and other professionals and court and arbitration costs)
such excess will be paid to CONTRACTOR. If such costs
exceed iuch unpaid balance, CONTRACTOR shall pay the
difference to OWNER. Such costs incurred by OWNER will
be approved as to reasonableness by ENGINEER and incor-
porated in a Change Order, but when exercising any fights
or remedies under this paragraph OWNER shall not be required
to obtain the lowest price for the Work performed.
15.3. ~ Where CONTRACTO
terminated by'OWNER; the tin
rights or remedies of OWNER a~
existing or which may thereafter
payment of moneys due CONTR
not release CONTILECTOR fron
15.4. Upon seven days' writ
TOR and ENGINEER, OWNER
without pre.~udice to any other righ;
don the Work and terminate the
CONTRACTOR shall be paid for
expense sustained plus reasonable
will include· but not be limited to,
sequential costs fincluding, but not li
of engineers, architects, attorneys
and court and arbitration costs).
's services have been so
inll'tion;~'ill hot affect any
tinsi CO~q'I'R~ACTOR the~
a¢cr~e~'-Any retention or
ACTOR by OWNER will
liability.
:n notice to CONTRAC-
m~,. without cause and
orh:emedy, elect to aban-
tgreement. In such case.
[l Work executed and any
'rnlii'ation expenses, which
direct, indirect and con-
m, ited to, fees and charges
and other professioniils
Contractor ,'day Stop Work
15.5. If, through no act or fault of CONTRACTOR. the
Work is suspended for a period of than ninety days by
OWNER or under an order of. cot
or ENGINEER .faiLs to act on any
within thirty day½' after it is sul
thirty days to pay CONTRACTO]
mined to be due, then CONTRA,(
days' written notice to OWNER an¢
the Agreement and recover from 0
Work executed and any expense su:
termination expenses. In addition an
the Agree~nent. ii'ENGINEER has
cation for Payment or OWNER has
merit as aforesaid, CONTRACTOR
written notice to OWNER and ENG
until payment ofall amounts then
paragraph shall not relieve CONTRA
under paragraph 6.29 to carry on
with the progress schedule and witN
and disagreements with OWNER.
authority.
for Payment
:ct, or OWNER_fails for
any sum finally deter-
may, upon seven
· terminate
payment for alt
;rained plus reasonable
in lieu of terminatin~
iled to act on an Appli~
to make any pay-
seven days'
stop the Work
)rovisions of this
obligations
Work in accordance
delay during disputes
[The remainder of this page was left blank intentionally.]
3O
ARTICLE 16--ARBITRATION
16.1. All claims, disputes and other matters in question
'between OWNER and CONTRACTOR arising out of, or
relating to the Contract Documents or the breach thereof
(except for claims which have been waived by the making or
acceptance of final payment as provided by paragraph .14.16)
will be decided by arbitration in accordance with the Con-
strucfion Industry Arbitration Rules of the American Arbi-
tration Association then obtaining subject to the limitations
of this Article 16. This agreement so to arbitrate and any
other agreement or consent to arbitrate entered .into in accor-
dance herewith as provided in this Article 16 will be specifi-
cally enforceable under the prevailing law of any court having
jurisdiction.
16.2. No demand for arbitration of any claim, dispute or
other matter that is required to be referred to ENGINEER
initially for decision in accordance with paragraph 9.11 will
be made until the earlier of(a) the date on which ENGINEER
has rendered a decision or (b) the tenth day after the parties
have presented their evidence to ENGINEER if a written
decision has not been rendered by ENGINEER before that
date. No demand for arbitration of any such claim, dispute
or other matter will. be made later than thirty days after the
date on which ENGINEER has rendered a written decision
in respect thereof in accordance with paragraph 9.11; and the
failure to demand arbitration within said thirty days' period
shall result in ENGINEER's .decision being final and binding
upon OWNER and CONTRACTOR. If ENGINEER renders
a decision after arbitration proceedings have been initiated.
such decision may be entered as evidence but will not supersede
the arbitration proceedings, except where the decision is
acceptable to the parties concerned. No demand for arbitra-
tion of any written decision of ENGINEER rendered in
accordance with paragraph 9.10 will be made later than ten
days after the party making such demand has delivered writ-
ten notice 'o~' intention to appeal as provided in paragraph
9.10.
16.3. Notice of the demand for arbitration will be filed in
writing with the other party to the Agreement and with the
American Arbitration Association,
ENGINEER for information. The d(
be made within the thirty-day or te
param-'aph 16.2 as applicable, and il
reas~)nable time after the claim, di
question has arisen, and in no ever
be made after the date when institt
proceedings based on such claim. ¢
question would be barred by the
'rations.
16.4. No arbitration arising ou
tract Documents shall include by c~
any other manner any other
ENGINEER, ENGINEER's agee
tents) who is not a party to this co~
16'.4~I. the inclfision of suc
necessary if complete relief is t
who are already parties to the
16.4.2. such other person
involved in a question of law t
those who are klready parties t
will arise in such proceedings,
16.4.3. the written consent,
sought to be included and of
TOR has been obtained for su,
shall-make specific reference
such consent shall constitute (
dispute not specifically desc~
arbitration with any party not:
consent.
16.5. The award rendered b)
judgment may be entered upon
diction thereof, and will not b(
appeal except to the extent pen
of the Federal Arbitration Act
[The remainder of this page was left blank intentionally,]
.nd a copy will be sent. to
:mand for arbitration will
~-day period specified in
t all other cases within a
spute or other matter in
t shall any such demand
tion of le~l or equitable
ispute or other matter in
~pficable statute of limi-
of or relating to the Con-
msotidafion, joinder or in
son or entity (including
ts. employees or consul-
tract unless:
~ o~her person or entity is
, be afforded among those
bitration.
~r entity is substantially
. fact which is corrtmon to
the arbitration and which
Lnd
fthe other person or entity
OWNER and CONTIL*C-
:h. inclusion, which consent
..to this paragraph: but no
:onsent to arbitration of any
ibed in such consent or to
4~ecific~lly identified in such
the arbitrators will be final.
it in any court having juris-
: subject to modification or
aitted by Sections 10 and t~
U.S.C. §§10,11).
[This page was left blank intentionally.]
ARTICLE 17--MISCELLANEOUS
Gi~ing Notice:
17.1. Whenever any provision of the Contract Docu-
ments requires the giving of written notice, it will be deemed
to have been validly given if delivered in person to the indi-
vidual or to a member of the firm or to an officer of 'the
corporation for whom it is intended, or if delivered .at or sent
' by registered or certified mail, postage prepaid, to the last
business address known to the giver of the notice.
Computation of Time:
17.2.1. When any period of time is referred to in the
Contract Documents by days, it w~l be computed to exclude
the first and include the last day of such period. If the last
day of any such period falls on a Saturday or Sunday or
on a day made a legal holiday by the law of the applicable
jurisdiction, such day will be omitted from the computa-
tion.
17.2.2. A calendar day of twenty-four hours measured
from midnight to the next midnight shall constitute a day.
General:
17.3. Should OWNER or'CONTRACTOR suffer injury
or damage to person or property because of any error, orals-
sion or act. of the other party or of an
· : employees Or agents Or others for Who
is legally liable, claim will be made i:
party within a reasonable time of the fi:
injury or damage. The provisions of th
not be construed as a substitute for c
visions of any applicable statute of lirr
17.4. 'The duties and obligations i:
oral Conditions and the rights and re
under to the parties hereto, and, in
limitation, the warranti~, guarantees ~
upon CONTRACTOR by paragraphs ~
14.3 and 1-5.2 and all of the rights an~
OWNER and ENGINEER thereund
and are not to be construed in any wa'.
rights and remedies available to any ¢
otherwise imposed or available by L:
special warranty or guarantee or by
Contract Documents, and the provi:
will be as effective as if repeated spe(
Documents in connection with each
tion, right and remedy to which they
tions, warranties and guarantees mac
uments will survive final payment a~
plefion of the Agreement.
r of the other party's
· acts the other party
~ ..writing to the other
· st observance of such
is paragraph 17.3 shall
· a waiver of the pro-
rations or repose.
aposed by these Gen-
nedies available here-
particular but without
nd ObligatiOns imposed
;.30, 13.1, I3.12, 13.14,
i remedies available to
,-r, are in ~ddition to.
~ as a limitation of, any
r all of them which are
tws or Regulations, by.
~ther provisions of the
ions of this paragraph
:ifically in the Contract
~articular duty, obliga-
~ apply. All represents-
ie in the Contract Doc-
td termination or com-
PREV~G WAGE RATES FOR ENGINEERING
0tiGRSWAY/HEAWt9 CONSTRUCTION
CITY OF coPPELL
CLASS~CATION
Air Tool Operator
Asphalt Heater Operator
Asp.halt Raker
Asphalt Shoveler
Batching PLant Weigher
Batt~rboard Setter
Carpenter, Rough
Carpenter, Helper
Concrete F'misher (Paving)
Concrete F'misher Helper (Paving)
Concrete F'misher (Structure~)
Concrete F'misher Helper (Structures)
Concrete Rubber
Electrician
ElectricS~n. Helper
Form Budder (Structures)
Form Builder Helper (Structures)
Form l.iner (Paving and Curb)
Form Setter (Paving and Curb)
Former Setter Helper (Pavi.ug and Curb)
Form Setter (Structures)
Former Setter Helper (Structures)
L~borer, Common
Laborer, Uu2ity
Mechanic
Mechanical Helper
Offer
Servicer
Painter (Structures)
Pipelayer
?ipelayer Helper
Pneumatic Mortar Operator
PO'WE~ EQUIPMENT OPERATOR
Asphsk Dism'butor
Asphalt Paving Machine.
Broom or Sweeper Operator
Bi~Udozer, 150 PIP and Less
Bulldozer, Over 150'I-lP
PKEVArLING
RATES
7.554
&00
8565
8.25
9371
8320
9.447
7.695
9345
8.146
9.058
7.494
7.733
12.761
8.436
8.717
7.550
8.913
8.686
7.787
8.427
7.356
6.402
7.461
10.658
8345
8.698
8.104
10.913
8.509
7.037
6.80
RATES
8.404
9.053
7.908
8.703
9.160
CLASSIlrICATION
Concrete Paving Oaring Machine
Concrete Paving l~n{-~hing MacR~e
Concrete Paving Form Grader
Concrete Paving Joint Sealer
Concrete Paving Saw
Concrete Paving Spreader
Crane, Clamshell, Backhoe Derrick, Dragline, Shovel
0ess man 1 1/2 c~'
Crane, Clamshell, Backhoe Derrick, DrasUne, Shovel
(1 1/2 CY and over)
Crusher or Screening Plant Operator
Fora Loader
Foundation Drill Operator (Truck Mounted)
Front End Loader (2 1/2 CY and less)
Front End Loader (over 2 1/2 CY)
Mixer (16 CF and le.~)
Motor Grade Operator, line
Motor Orade Operator
Roller, Steel Wheel (Plant-~ Pavements)
Roller, Steel Wheel (Other Flat Wheel or Tamping)
Roll~r, Pnenmafi¢ (Self-propelled)
Scrapers (17 CY or le~s)
Scrapers (over 17 CY)
Self-Propelled Hammer
Side Boom
Tractor (Crawler) 150 I-IP and less
Tractor (Crawler) over 150 HP
Tractor (Pneumatic) 80 H]P and less
Tractor (Pneumatk) over 80 FIP
Traveling Mixer
Trenching Machine, Light
Trenching Machine, Heavy
Reinforcing Steel Setter (Paving)
Reinforcing Steel Setter (Structures)
Reitfforcing Steel Helper
Sign Erector
Sign Erector Helper
Spreader Box Operator
Single Axle, Light
Single Axle, Heavy
Page 2
94, Preraa~i Wage Rates
City of Copped
Schedule
PRE~AII.tNG
RATES
8.213
9.453
8.50
7.35O
90_9
9.75
9.513
lO J17
950
12.00
10.00
8.82.3
9311
9.00
10346
9.891
8339
7363
7.44]3
-. 8.138
8*_05
7.793
7.793
8.448
8.873
7.725
7.735
7.615
8.i88
12.498
9.218
11548
8.665
1L436
6.4O2
PREVAILING
RATES
7.465
8.067
Tandem Axle or Semi-Trailer
sia e Li t
Single Axle, Heavy
Tandem Axle or Semi-Trailer
Lowboy-Float
Tra~it Mix
Winch
Welder
Flagger
Mining.Machine Operator
If the construction project involves the expenditure of federal funds
minimum wages to be paid various classes of laborers and rnechanic~ will be base
be determined by the Secretary of Labor to be prevailing for the correspondi2
mechanics employed on the project of a character similar to the conu'act work i.u
Except for work on legal holidays, the 'general prevailing rate of per diem
or type of workers or mechanics is the product of (a) the number of hours worked'
hours; times Co) the abbve respective Rate Per Hour.
For legal holidays, the 'general prev~Uing rate of per diem wage' for
'workers or mechanics is the product of (a) one and one-half time the above respe
Co) the number of hours worked on the l%~al holiday.
The 'general prev'a~qing rate for overtime work" for the crafts or type of ~
and one-half times the above respective Rate Per Hour.
Under the provisions of Article 5159a Ver-aon's Annotated Texas Statues,
as a penalty to the entity on whose behalf the contract is made or awarded, Tet
laborer, worker or mechanic employed, for each calendar day, or portion therex
mechanic is paid less than the said stipulated rates for. any work under the
subcon'tractor under him_
Page
city of coppen
Schedule 'B'
pKEV~G
7.816
7.465
8.067
7.816
9.653
7.507
8.20
10.459
5.75
6.650
n excess of S2,C00.00 the
1 upon the wages that va31
tg classe~ of laborers and
the City of Dallas.
wage' for the various crafts
er day, except for overtime
.e various crafu or type of
ctive Raie Per Hour times
~rkers or mechanics is one
te Contractor shall forfeit
· Dollars ($10.00) for each
,f, such laborer, worker or
ontact, by him, or by any
DMSION 0 - BIDDING AND CONTRACT DO~S
SUPPLEMENTARY CONDITIONS
THESE SUPPL~M'ENTARY CONDITIONS AMEND THE~ STAK~ARD GENERAL
CONDmONS O1, ~ CONSTRUCTION CONTRACT (NO. 191[~-8, 1983 ED.) AS
INDICATI~D BELOW. ALL PROVISIONS WHICH ARE NOd: AMbgNDED OR
SUPPLI~fi~.~ REMAIN IN FULL FORCE AND EFFECT. ~J~L PROVISIONS
A3qk':NDl~ REMAIN IN FUIJ. FORCE AND EFFECT AS AME~ND]
ARTICLE 1- DEFINITIONS
SC-1.
Bonds: Revise to read: '~Bid, performance, payment, and maix~tenance bonds and
other instl'nments of security."
Calendar Day or Days: Any successive day or days of the wee~ or month, no days
being excepted.
Engineer: The word '~ENGINEER" in these contract documenl and specifications
shall be understood as referring to CITY ENGINEER, City of Cop ,ell, P.O. Box 478,
Coppell, Texas 75019, Engineer of the Owner, or such other represt ntatives as may be
authorized by said Owner to act in any particular position.
Owner: The word "OWNER" in these contract documents and
to the CITY OF COPPEIJJ acting through its authorized representati,
Working Days: Any days of the week or month, except Satuxda
holidays of the appropriate jurisdiction, and days of such weather ti
continued in a safe manner.
Shop Drawings: Add the following language after the se
CONTRACTOR: "after his review and approval of same".
All other terms used in these Supplementary Conditions whicl:
Standard General Conditions of the Construction Contract (No. 1910-8
the same meanings used in the General Conditions.
ARTICL~ 2 - PRI~I.IMINARY MATI'ERS
SC-2.2.
Amend the first sentence by changing 'ken copies" to be "five )pies".
SECTION 00232 - SUPPIJg. MENTARY CONDITIONS
specifications refer
res.
ys, Sundays, official
.at work cannot be
cond reference to
are defined in the
1983 ed.) shall have
PAGE
SC-2.8.
Amend the first sentence of paragraph 2.8 to delete the follo~
days after the effective date of the Agreement, but".
SC-2.9.
Amend the first sentence of paragraph 2.9. by adding the follm
of the sentence: "If requested by Owner, Engineer or Contractor'.
SC-2.10.
Add the following new paragraph 2.10 immediately after paral
Conflict of Interest
2.10 City Charter states that no officer or employee of t]
financial interest, direct or indirect, in any Contract with the City, m
interested, directly or indirectly, in the sale to the City of any land, o
any land, materials, supplies or services. This prohi'bition does not ap]
is represented by ownership of stock in a corporation involved,
ownership amounts to less than one percent (1%) of the corporation
of this prohi'bition will constitute malfeasance in office. Any officer or
found guilty thereof should thereby forfeit his office or position..
prohibition with the knowledge, expressed or implied, of the per:
contracting with the City shall render the contract voidable by the Cig
Council. The Contractor represents that no employee or officer of th
in the Contractor.
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING
SC-3.2.
Add the following language at the end of the paragraph 3.2.: '
between the provisions of the Contract Doca~ments and any suck
specifications, manuals or codes, the provisions of the Contract I
precedence over that of any standard specifications, manuals or cod~
ARTICI,~ 4 - AVAILABILITY OF LANDS: PHYSICAL corn>mc
RmrERENCE POINTS
SC-4.2.1.1.
Add the following new paragraph 4.2.1.1 immediately after p
4.2.1.1. In the preparation of Drawings and Specificatic
established and relied upon the following reports of explorations a
conditions at the site of the work:
SECTION 00232 - SUPPI.~MENTARY CONDITIONS
ing: "Within twenty
~ing at the beginning
~raph 2.09;
te City shall have a
~r shall be financially
r rights or interest in
)ly when the interest
provided such stock
stock. Any violation
employee of the City
amy violation of this
ons or corporations
Manager or the City
City has an interest
REVISE
If there is any conflict
referenced standard
)ocuments shall take
,NS:
~ragraph 4.2.1.:
,ns, ENG~ has
ad tests of subsurface
PAGE 2
Report dated, March 1990, prepared by Terra-Mar, Inc., Dal
"Geoteehnical Investigation Gateway Business Park, Phase I, Coppell,
data contained in such report is the log of borings provided in the A[
and it represents the conditions only at the point of the boring at the
made and are furnished for general information only. Variations will n~
for a claim of changed conditions. The Contractor may take borings
himseff as to subsurface conditions. A copy of this report is included ir
document.
SC-4.4.
Add the following after the first sentence: "I'he reference
established as shown on Sheet SC-I". Delete: "unless otherwise sh~
Requirements".
ARTICLE 5 - BONDS AND INSURANCE
SC-5.L
Add the following after the second sentence as follows: "Contra¢
a maintenance bond in an amount at least equal to 100% of thc Contr:
of Final Acceptance of the work. The maintenance bond shall remain
year after the date of final acceptance."
Amend the forth sentence of the first paragraph by deleting
current list of "companies holding certificates.., and substituting '~hol~
State of texas, to act as Surety and acceptable according to the late
holding certificates of approval from the State Board of Insurance unde
insurance code.
SC-5.3 through SC-5.7.
Delete sections 5.3 through 5.7 in their entirety and substitute
thereof.'
5.3. Insurance Required. The Contractor shall not commex
contract until he has obtained all insurance required under this paragr~
the North Central Texas Standard Specifications for Public Works Cons
August 23, 1990, and such insurance has been approved by the City, nor
allow any subcontractor to commence work on this subcontract until all
the subcontractor has been so obtained and approved.
5.3.1. Compensation Insurance. The Contractor shall take out
the life of this contract Worker's Compensation Insurance for all of his,
of the project and in case any work is sublet, the Contractor shall requiz
similarly to provide Worker's Compensation Insurance for all of the lat
such employees are covered by the protection afforded by the Contract
of employee engaged in hazardous work under this contract at the site
SECTION 00232 - SUPPLEMENTARY CONDITIONS
las, Texas, entitled:
?ems" the technical
~endix of the report
time the boring was
~t be used as a basis
at the site to satisfy
Appendix A of this
points have been
~wn in the General
tot shall also furnish
~ct Price at the time
effect until one (1)
are named in the
~g a permit from the
st list of companies
7.19-1 of the Texas
he following in lieu
tce work under thin
ph and Item 1.26 of
truction as amended
shall the Contractor
similar insurance of
and maintain during
:mployees at the site
e the subcontractors
:er employees unless
or. In case any class
of the project is not
PAGE 3
protected under the Worker's Compensation statute, the Contractor oh ll provide and shall
cause each subcontractor to provide adequate and suitable insurance tot the protection of
his employees not otherwise protected. The minimum amount of ir surance shall be as
follows:
Each Accident
Disease Each Employee
Disease Policy I Jmit
$100,000
$100,000
$500,000
5.3.2. Commercial General Liability Insurance. Contractor
maintain during the life of this contract such General Liability
explosion, collapses and underground damage coverage) as shall
subcontractor performing work covered by this contract, from clah
personal injury, including accidental death, as well as from claims fo
which may arise from operations under this Contract, including blast
done on or in connection with the work of the project, whether su
himself or by any subcontractor or by any one directly or indirectly e]
them. The minimum amount of insurance shall be as follows:
General Aggregate
Products - Components/
Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage (any one fire)
Medical Expense (any one person)
$1,000,000
$1,000,000
$600,000
$600,000
$50,000
, $5,000
5.3.3. Automobile Liability Insuranc.e... The Contractor shall t~
during the life of this contract such Automobile Liability Insurance
shall take out and
nsurance (including
rotect him and any
ns for damages for
r property damages,
[rig, when blasting is
:h operations be by
nployed by either of
nonowned vehicles as shall protect him and any subcontractor perfor~
this contract. The minimum amount of such insurance shall be as fo
Combined Bodily Injury and
Property Damage
Bodily Injury
Bodily Injury
Property Damage
$600,000 per oc~
$250,000 per pc:
$500,000 per acc
$100,000
5.4. Protective Liability Insurance. The contractor shall take ou
the life of this contract an owners protective liability insurance policy.
an "occurrence" basis and the policy shall be issued by the same ins
carries the contractors liability insurance. The minimum amount of si
as follows:
Combined Bodily Injury
and Property Damage
$600,000 per oc,
$1,000,000 aggreg
SECTION 00232 - SUPPI I:;.MENTARY CONDITIONS
ting work covered by
OWS.'
lrrence
'son
.~dent
t and maintain during
Coverage shall be on
arance company that
ich insurance shall be
mrrence
~te.
PAGE 4
.ke out and maintain
t0r owned, hired and
5.5. Proof of Carriage of Insurance. The Contractor shall fxmish the City with
satisfactory proof of carriage of the Insurance required as required by ,aragraph 5.8. of the
General Conditions.
SC-5.6.
Amend the first sentence of paragraph 5.6. by deleting the word
sentence and substituting the word "CONTRACTOR".
SC-5.7.
Delete this paragraph in its entirety.
SC-5.8.
Amend the first sentence of paragraph 5.8.: (i) by deleting the
the third line of the first sentence and substituting the word "CON
deleting the word "CONTRACTOR" in the seventh line of the first sent¢
the word "OWNER", and (iii) by deleting the words "paragraphs 5.6. a
line of the first sentence and substituting the words "paragraph 5.6.".
SC-5.10.
Delete paragraph 5.10. in its entirety and insert the following i~ lieu thereof:
5.10. If OWNER requests in writing that other special insuranc be included in the
property insurance policy, CONTRACTOR shall, if possible, include sue h insurance, and the
cost thereof will be charged to OWNER by appropriate Change Order or Written
Amendment. Prior to commencement of the Work at the site, COi~TRACTOR shall in
writing advise OWNER whether or not such other insurance has been procured by
CONTRACTOR.
SC-5.11.1.
Amend paragraph 5.11.1 to delete reference to paragraph 5.7 in the 4th line and
delete the word "OWNER" in the next to last line and substitute the won "CONTRACTOR".
SC-5.11.2.
Delete paragraph 5.11.2 in its entirety and insert the following lieu thereof:
5.11.2 CONTRAC'I~R intends that any policies provided in res )onse to paragraphs
5.4 and 5.6 shall protect all of the parties insured and prov/de coverage for all losses and
damages caused by the perils covered thereby. Accordingly, all such tlolicies shall conta/n
provisions to the effect that in the event of payment of any loss or dan~age the insurer will
have no rights of recovery against any of the part/es named as insured c¥ additional insured,
and if such wa/ver forms are requ/red of any Subcontractor, CONTRA£ TOR will obtain the
same.
SECTION 00232 - SUPP!.I~MENTARY CONDITIONS PAGE 5
OWNER" in the first
word "OWNER" in
I~RA~R'', (ii) by
nce and substituting
~d 5.7." of the third
SC-5.12.
Amend the first sentence of paragraph 5.12 to delete reference
SC-5.14.
Delete paragraph 5.14. in its entirety and insert the following
5.14 If OWNER has any objection to the coverage afforded 1:
of the insurance required to be purchased and maintained by
accordance with paragraphs 5.3 and 5.4 of on the basis of its not
Contract Documents, OWNER shall notify CONTRACTOR in writing th~
of the date of delivery of such certificates to OWNER in accordance
Failure by OWNER to give any such notice of objection within the
constitute acceptance of such insurance purchased by the CONTRACT0
the Contract Documents.
SC-5.15.
Amend the first sentence of paragraph 5.15 to delete the word
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES
SC-6.7.1.
Amend the sixth sentence of paragraph 6.7.1 to delete the wor{
SC-6.15.1.
Add the following new paragraph 6.15.1 immediately after para
to paragraph 5.7.
lieu thereof.'
or other provisions
UONTRACTOR in
complying with the
.'reof within ten days
with paragraph 2.7.
time provided shall
R as complying with
"substantial".
~raph 6.15.:
6.15.1. Recent legislation has removed the sales tax exemption[previously provided
by Section 151.311 of the Tax Code covering tangl'ole personal property purchased by a
contractor for use in the performance of a contract for the improve~aent of City-owned
realty. ~
It is still poss~le, however, for a contractor to make tax-free t'urehase of tanlo'ble
personal property which will be incorporated into and become part of a City construction
project through the use of a "separated contract" with the City. A "se
one which separates charges for materials from charges for labor. Un
the contractor becomes a "seller" of those materials which are incorpora
such as bricks, lumber, concrete, paint, etc. The contractor issues a rest
of paying the sales tax at the time such items are purchased. The cont
an exemption certificate from the City for those materials. (This pre
used, however, for materials which do not become a part of the fire
example, equipment rentals, form materials, etc. are not consid
"incorporated" into the project).
SECTION 00232 - SUPPI.F. MENTARY CONDITIONS
parated contract" is
~ler such a contract,
ted into the project,
de certificate in lieu
:actor then receives
cedure may not be
shed product. For
ered as becoming
PAGE 6
Utilization of this "separated contract" approach eliminates the
figure in sales tax for materials which are to be incorporated into the prc
bidder's bid form will be used to develop the "separated contract" an{
extent of the tax exemption. Upon execution of the construction con~
shall furnish a breakdown (per item) of 1) materials incorporated into
labor, equipment, supervision and materials not incorporated into the
SC-6.20.
Amend the last sentence of paragraph 6.20 to delete the word
ARTICLE 7 - OTIt-E~R WORK
SC-7.1
Delete the last sentence of paragraph 7.1 and substitute tl
ENGINEER shall coordinate such other work with the CONTRAC'rOR
to minimize delay caused to the CONTRACTOR. No additional time
CONTRACTOR for such related work except as provided in paragrapl
SC-7.5.
Add the following new paragraph immediately after paragraph
"SC-.7.5. Should CONTRACTOR cause damage to the work or prop~
Contractor at the site, or should any claim arising out of CONTRACT£
the Work at the site be made by any separate Contractor against CON'E
ENG~ Consulting Engineer or any other person, CONTRAC']
attempt to settle with such other Contractor by agreement, or to ol
dispute by arbitration or at law. CONTRACTOR shall, to the fullest
Laws and Regulations, indemnify and hold OWNER, ENGINEER and
harmless from and against all claims, damages, losses and expenses
limited to, fees of en~neers, architects, attorneys and other professk
arbitration costs) arising directly, indirectly or consequentially out of
equitable, brought by any separate Contractor against OWNER, ENGII
Engineer to the extent based on a claim arising out of CONTRACTOR'.,
Work. Should a separate Contractor cause damage to the wc
CONTRACTOR or should the performance of work by any separate £
need for bidders to
ect. The successful
will determine the
~ach the contractor
the project; and 2)
project.
'substantial".
~e following: The
and schedule events
;hall be given to the
7.5 and Article 12.
'.rty of any separate
)R's performance of
.CTOR, OWNER,
OR shall promptly
erwise resolve the
extent permitted by
2onsulting En~neer
(including, but not
reals and court and
any action, legal or
ql~F~R or Consulting
performance of the
rk or property of
ontractor at the site
give rise to any other claim; CONTRACTOR shall not institute any actio a, legal or equitable,
against OWNER, ENG~ or Consulting Engineer or permit any ~.ction against any of
them to be maintained and continued in its name or for its benefit inlany court or before
any arbiter which seeks to impose liability on or to recover damages from OWNER,
ENGINEER or Consulting Engineer on account of any such damage or claim. If
CONTRACTOR is delayed at any time in performing or furnishingWork by any act or
neglect of a separate Contractor and OWNER and CONTRACTOR ar~ unable to agree as
to the extent of any adjustment in Contract Time attn'butable thereto, CONTRACTOR may
make a claim for an extension of time in accordance with Article 12. An extension of the
Contract Time shall be CONTRACTOR's exclusive remedy with r,~spect to OWNER,
SECTION 00232 - SUPPLEMENTARY CONDITIONS PAGE 7
ENGINEER and Consulting Engineer for any delay, disruption, inter~
caused by any separate Contractor."
ARTICLF~ 9 - ENGINEER'S STATUS DURING CONSTRUCTION
SC-9.2.
Amend the last sentence of paragraph 9.2. to delete the
experienced and qualified design professional".
SC-9.10.
Delete Paragraph 9.10 in its entirety and insert the following
9.10. ENGINEER will have authority to determine the actual quantiti~
of items of Unit Price Work performed by CONTRACTOR, and the
ENGINI~R on such matters will be final, binding on OWNER and ¢
not subject to appeal (except as modified by ENGINEER to refl,
conditions). Engineer will make determination of actual quantities
Measurement Methods identified for Unit Price Work where such meth
in the Contract Documents.
ARTICLF~ 11 - CHANGE OF CONTRACT PRICE
SC-11.9.3.
Paragraph 11.9.3 is hereby deleted in its entirety and the follc
paragraph 11.9.3.1 through 11.9.3.4, is substituted in lieu thereof:
'Whe unit price of an item of Unit Price Work shall be subject
adjustment under the following conditions:
11.9.3.1. if the total cost of a particular item of Unit Price Wo~
more of the Contract Price and the variation in the quantity of that pa
Price Work performed by Contractor differs by more than 20%, both c
the estimated quantity of such item indicated in the Agreement; and
11.9.3.2. if there is no corresponding adjustment with respect
Work; and
11.9.3.3. if CONTRACTOR can demonstrate that it has incurr¢
as a result thereof; or
11.9.3.4. if OWNER can demonstrate that the quantity variat
adjustment in the unit price, either OWNER or CONTRACI'OR may
adjustment in the Contract Price in accordance with Article 11 if the I
agree as to the effect of any such variations in the quantity of Unit Prk
SECTION 00232 - SUPPI.I~.MENTARY CONDITIONS
xence or hindrance
following: "as an
lieu thereof:
~s and' classifications
written decisions of
:ONTRACTOR and
~ct changed factual
m accordance with
ods are so identified
wing,, including new
:o re-evaluation and
k mounts to 5% or
rticular item of Unit
ver and underi from
o any other item of
additional expense
3n entities it to an
make a claim for an
~arfies are unable to
e Work performed."
PAGE 8
ARTICI,E 12 - CItANGES OF CONTRACT TIME
SC-12.2.
Add the following at the end of paragraph 12.2.: '2qo extension
shall be allowed unless the CONTRACTOR can demonstrate the den
impact to the critical path and that loss of time can not be made up by r
of the work of the project."
ARTICLE 13 - WARRANTY AND GUARANTEE: TESTS AND INS]
SC-13.4.1.
Add the following new paragraph 13.4.1. immediately after pax
13.4.1. Observation of the contractor's work to determine comp
and specifications will include testing of materials installed on the proj,
performed and materials furnished shall be done by a commercial lan
the Contractor and acceptable to the OWNER. The Contractor shal
expense, all necessary specimens for testing'of the materials. All mate
to the requirements of the specifications will be rejected.
ARTICLE 14 - PAYMentS TO CONTRACTOR AND COMPLETIO
SC-14.
Amend to delete all reference
"completion".
ARTICLE 16 - ARBITRATION
Delete this article in its entirety.
to "substantial completion'
o0o
SECTION 00232 - SUPPLEMENTARY CONDITIONS
of the contract time
caused an adverse
~vising the sequence
,ECTIONs:
agraph 13.4.:
liance with the plans
· .ct. Testing of work
~ratory employed by
1 furnish, at his own
rials not conforming
N
and replace with
PAGE 9
DIVISION 1 - GENERAL REQUIREI~
ENTS
DMSION ! - GENERAL REQUIREMENTS
SECTION 01001 - GENERAL PROJEC'r REQ~
PART I - GENERAL
1.1 General: The provisions of this section of the Specifications shal
of any conflict between them and the "General Conditions of Agreeme~
General Conditions".
1.2 Owner: The "Owner' as referred to in these Specifications is the
Parkway Boulevard, P.O. Box 478, Coppell, Texas 75019.
1.3 Non-Compensated Project Manager: The "Project Manager'' fo:
Catellus Development Corporation, 5429 LBJ Freeway, Suite 600, Dall,
and their Engineer Albert H. Halff Associates, Inc., 8616 Northwest
Texas, 75225.
It is understood and agreed that City and Catellus will be
connection with this project, however, to the extent this section calls cm
matter, such shall be required of City only to the extent and in the re
law. The following shall define the scope of the non-compensated pr
Bidding Phase: In compliance with standard municipal r~
shall advertise the Project for bidding. Catellus, repre
dism'bute bid packages (including Contract Doc~
Specifications) from the offices of Albert H. Halff Assc
be received in a public opening, at Coppell City Hall,
staff. After the public opening of bids, Catellus and tlr
meetings, simultaneously review the bids and will
Contractor to whom the Project will be awarded. Cate[
successful Contractor and will review Contract Documex
Contractor, in compliance with all munldpal require
approval and award of the Contracts by the City, the Pre
construction.
Be
Construction Phase: Catellus shall employ Albert I-L H~
serve as Project En~neer for the Project and Cat~
geotechnical and materials testing consultant (to be nam,
control testing, as required, for the Project. Catellu
manage preconstruction and weekly construction progr,
Project Engineer and Contractor. Catellus shall oveI
construction of the Project and shall provide written pi
City on a bi-weekly basis. Catellus shall be response]
Engineer, for performing all construction inspections
providing written reports of inspections and testing to ti
obtain all progress lien waivers from Contractor and sba
all progress pay requests submitted by the Contractor
SECTION 01001 - GENERAL PROJECT REQUIREMENTS
govern in the event
t" or "Supplemental
City of Coppell, 255
: this project shall be
s, Texas, 75240-2609
Plaza Drive, Dallas,
working closely in
ttract or approve any
tuner authorized by
ect manager.
:quirements, the City
~enting the City, will
~menB, Plans and
dates, Inc. Bids will
by Catellus and City
e City ~ in closed
mutually select the
us will work with the
,ts with the successful
ments. Upon final
~ject will be ready for
tiff Associates, Inc. to
fllus shall employ a
:d) to perform quality
} shall schedule and
,ss meetings between
see and manage the
'ogress repons to the
e, along with Project
and testing and for
~e City. Catellus shall
I1 review and approve
and Project Engineer
PAGE 1
and shall submit these requests for payment by the City'.
be forwarded to Catellus for delivery to the Project Engir
Catellus shall review and approve any requested cha'
changes and shall submit them for approval and paymen
completion of construction of the Project, Catellus sh
construction, shall obtain Project Engineer's certificatio
been completed in accordance with the Contract, as aa
change orders, shall obtain final lien waivers from the Cm
final pay requests and shall submit pay requests to the
payment.
Ce
The City's obligations and respons~ilities, as related te
follows:
Design Phase: The City shall review and approve
and Specifications, as submitted by Catellus.
Bidding Phase: The City shall accompany Cate
opening and recording of bids and shall review th
select the successful Contractors with Catellus.
Construction Phase: The City shall accept, reviex
progress reports, inspection reports and testing re
review and approve all progress payment reque
payment approval to NationsBank Trust Depam
a timely manner. The City shall review and appr(
field changes submitted for approval by Catellus.
or field changes up to $10,000.00 will be approve
change orders or field changes exceeding $10,00
approval of City Council. The City shall review a
pay requests and obtain, in a timely manner,
approval of the final payment and shall then subn
to NationsBank for payment in a timely manner.
time, attend construction meetings or inspect th~
shall not without cause, delay the progress of the
1.4 Project Engineer:. The "Engineer" as referred to in these Speci
Halff Associates, Inc., 8616 Northwest Plaza Drive, Dallas, Texas, 75~
1.5 Engineer:. The '~ngineer" as referred to in these Specifications i
255 Parkway Boulevard, P.O. Box 478, Coppell, Texas 75019.
1.6 Site: The Contractor shall limit his work to the area shown on
as within the street fight-of-way and utility easements. Entrance onto
be at the expressed approval of the City Engineer only and the Non-
Manager.
SECTION 01001 - GENERAL PROJECT REQUIREMENTS
'ayment checks shall
eer and Contractor.
age orders or field
by the City. Upon
dl approve Project
a that all work has
ended by approved
~tractor, shall obtain
ity for approval and
the Project, are as
?roject Design Plans
us in the receiving,
bid submittals and
~ and file all Project
suits. The City shall
~ts and shall submit
sent for payment in
lye change orders or
Any change orders
a by City Staff. Any
21.00 will require the
nd approve the final
the City Council's
dt payment approval
the City may, at any
work, but the City
Project.
5cations is Albert H.
25°
the City of Coppell,
ae Project Drawings
~rivate property shall
',ompensated Project
PAGE 2
1.7 Project Description: ~ Contract consists of construction
structures.
Completion for this project will include removal of all objection
asphalt or concrete and other construction materials, and in general pre
work in an orderly manner and appearance, completion of any other ~
Contract Documents, and acceptance by the City of Coppell, Te
Compensated Project Manager.
1.8 Working Day Count: Working days shall be counted by the E
of the definition set out in the General Conditions of Agreement.
The working day count shall be suspended upon receipt by the t
request for final inspection. The working day count shall resume
Contractor of a written list of items necessary to satisfactorily compl~
process shall continue until such t/me as the project is accepted by ti
Non-Compensated Project Manager.
1.9 Failure to Complete Work on Time: The time set forth in
completion of work is an essential element of the Contract. A Bre,
completion time of each working day count bid will cause d~mage to
damages cannot be measured and the ascertainment will be difficult.
and every calendar day any work, or any portion thereof, shall remain u
expiration of the time limit set under this contract, or as extended by the
of $1,000.00 per calendar day (unless otherwise specified in the Genera
deducted from the money due or become due to the Contract, not
liquidated damages, and added expense including administrative and
1.10 Safety Precautions: The Contractor shall comply with all appl
the Occupational Safety and Health Act of 1970, ordinances, rules,
of any public authority having jurisdiction for the safety of persons or
them from damage, injury, or loss. He shall erect and maintain, as
conditions and progress of the work, all reasonable safeguards for sa
including posting danger signs and other warnings against hazards,
regulations and notifying owners and users of adjacent utilities.
1.11 Soil Investigation: A copy of the geotechnical report prepar,
included in the Appendix. The Owner does not represent that the ay
completely the existing conditions and does not guarantee any inte
records. The Contractor assumes all respons~ility for interpretations
for making conclusions as to the nature of materials to be excavate
making and maintaining the required excavations and of doing other
geology of the site.
1.12 Finished Grades: The Contractor shall be responsible for grac
0.10-foot to conditions existing prior to be~nning construction.
SECTION 01001 - GENERAL PROJECT REQUIREMENTS
of storm drainage
able rocks, pieces of
paring the site of the
~ork required by the
xas, and the Non-
aginccr on the basis
ingineer of a written.
,pon receipt by the
te the project. This
te En~neer and the
he Contract for the
:h of Contract as to
he Owner, but such
Therefore, for each
tcompleted after the
Owner, the amount
Conditions) will be
s a penalty, but as
aspection costs.
cable laws including
,relations and orders
property to protect
required by existing
fety and protection,
~romulgating safety
fl for the project is
ailable records show
rpretations of these
af these records and
d, the difficulties of
york affected by the
ing to plus or minus.
PAGE 3
1.13 Cnnformi~ with Drawings: All work shall conform to
cross-sections, and dimensions shown on the Drawings. Any deviatiot
which may be required by the exigencies of construction will be determi
and authorized by him in writing.
1.14 Stop Work Order: If the work should be stopped or suspende¢
the court, or other public authority, the Owner may at any time dur~
seven days written notice to the Contractor, terminate the Contract.
Owner shall be liable only for payment for all work completed plus a re
expenses resulting from the termination of the Contract, but such expe~
$5,000.
1.15 Warning Devices: The Contractor shall have the r_esponsibili~
maintaining all warning devices and take all precautionary measure.,
protect persons and property while said persons or property are apF
within the work site or any area adjacent to said work site. No separa
be paid to the Contractor for the installation or maintenance of ~
barricades, lights, signs or any other precautionary measures requ
protection of persons or property.
The Contractor shall assume all duties owed by the appropriat
public in connection with the general public's immediate approach to a:
work site and area adjacent to said work site.
Where the work is carried on, in, or adjacent to, any street, a
right-of-way or public place, the Contractor shall at his own cost and
flagmen and watchmen and furnish, erect and maintain such warnin
lights, signs and other precautionary measures for the protection of g
are required by law. The Contractor's respons~ility for providing and
watchmen, warning devices, barricades, signs, and lights, and other pre
shall not cease until the project shall have been accepted.
If the Engineer discovers that the Contractor has failed to comp
federal and state law (by failing to furnish the necessary flagm~
barricades, lights, signs or other precautionary measures for the prol
property), the Engineer may order such additional precautionary me~
law to be taken to protect persons and property, and to be reimburs,
for any expense incurred in ordering such additional precautionary []
In addition, the Contractor will be held responsfl31e for all dam
other public or private property due to the failure of warning devi¢
lights, or other precautionary measures in protecting said property, an
is found of such damage, the Engineer may order the damaged portion
and replaced by and at the cost and expense of the Contractor.
considered incidental and shall not be a separate pay item.
SECTION 01001 - GENERAL PROJECT REQUIREMENTS
the lines, grades,
· from the Drawings
ned by the En~neer
under any order of
tg suspension, upon
n such an event, the
~onable cost for any
scs shall not exceed
for providing and
required by law to
roaching, leaving or
Ie compensation w~l
ny warning devices,
Xed by law for the
City to the general
.ad travel through the
lley, sidewalk, public
:xpense prgvide such
;,devices, barricades,
.rsons' or property as
maintaining flagmen,
,,cautionary measures
[y with the applicable
;n, warning devices,
ection of persons or
~.sures as required by
· .d by the Contractor
ensures.
ages to the work and
es, barricades, signs,
d whenever evidence
mmediately removed
All of this work is
PAGE 4
The Contractor and his sureties shall indemnify, defend and save
and the Non-Compensated Project Manager and all of its officers, ag
from all suits, actions or claims of any character, name and descfiptic
account of any injuries or damages received or sustained by any person,
on account of the operations of the Contractor, his agents, employees
on account of any negligent act or fault of the Contractor, his a
subcontractors in the execution of said contract; or on account c
Contractor to provide the necessary barricades, warning lights or signs; i
to pay any judgment, with ex)st which may be obtained against the Ow
Compensated Project Manager growing out of such injury or damage.
1.16 k-Sdsting Utilifies~ Structures and Other Property:
Prior to any excavation, the Contractor shall determine
existing water, gas, sewer, electric, telephone, telegraph,
underground utilities and structures.
After commencing the work, use every precaution to avo
existing underground and surface utilities and structure
from damage.
Where the locations of existing underground and s
structures are indicated, these locations are generally
items which may be encountered during the work
indicated. The Contractor shall determine the exact
indicated, and the exLstence and locations of all items m
de
The Contractor shall repair or pay for all damage caused
all existing utilities, public property, and private property
ground or above ground, and he shall settle in total cos~
which may arise as a result of his operations.
1.17
eo
harmless the Owner
ents and employees
n brought for or on
persons or property
ir subcontractors; or
'.ents, employees or
the failure of the
nd shall be required
ncr and/or the Non-
the locations of all
television, and other
id interferences with
s, and protect them
m-face utilities and
pproximate, and all
are not necessarily
~cations of all items
~t indicated.
by h/s operations to
whether it is below
of all damage suits
To avoid unnecessary interferences or delays, the Contra xor shall coordinate
all utility removals,' replacements and construction with ti te appropriate utility
company.
Draina_~e: The Contractor shall maintain adequate drainage
Insurance: The Contractor shall not commence work under
1.18
has obtained all the insurance required hereunder and such insurance
and approved by the Non-Compensated Project Manager and the Ow~
insurance by the Non-Compensated Project Manager and the Owne~
decrease the liability of the Contractor.
Before commencing the work, the Contractor shall furnish
Certificate of Insurance showing the company or companies carrying th{
with the effective date and expiration date of said policies. Cerfificat
SECTION 01001 - GENERAL PROJECT REQUIREMENTS
al all times.
tl i~ Contract until he
~ has been filed with
.er. Approval ofthe
shall not relieve or
the Owner with a
,. aforesaid coverages
~s shall provide that
PAGE 5
Owner be given not less than fifteen (15) days written notice of any ca~
that affect the coverage. If the expiration date of such insurance occtu
the Contract, renewal Certificates shall be furnished not less than fifte
such expiration date.
1.19 Permits: The Contractor shall, at his expense, secure all pern
completing of the improvement under this project, including but not
permit. Note: The 2% construction permitting, inspection fee
Coppell does not apply to this project.
1.20 ~ In case of ambiguity or lack of clearness in stating pi
the Owner reserves the fight to adopt the most advantageous constn
Owner or to reject the Proposal.
1.21 Governing Documents: This work shall conform to the re~
Specifications and the details as shown on the Drawings. These Con~
intended to be complementary. Requirements of any of the Contra(
binding as if called for by all. In the event of conflict between th
Specifications, the Contractor will be deemed to have assumed the mc
doing the work unless, before submitting a bid, the Contractor shall
obtained (by addendum) a decision as to which method or material is
All work shall conform to the City of Coppell Standards and
North Central Texas Council of Governments (N.C.T.C.O.G.) Stands
Public Works Construction are the governing specifications for th
applicable in all cases except as noted herein and as amended by the C~
and by Albert H. Halff Associates, Inc. in the Special Provisions to St~
for Public Works Construction contained herein.
Where N.C.T.C.O.G. Standard Specifications do not adequate
methods of construction, and/or workmanship, the appropriate City St~
shall govern.
The Contractor shall provide a copy of N.C.T.C.O.G. Standar(
kept on the project site at all times.
1.22 Nondiscrimlnation: The Contractor shall not discriminate aga
applicant for employment because of race, age, color, religion, sex, anc
or place of birth. The Contractor shall take affirmative action to ensu
employed, and that employees are treated during employment, withou
age, color, religion, sex, ancestry, national origin or place of birth. Tiff
but not be limited to, the following: employment, upgrading, demotio~
of pay or other forms of compensation; and selection for training, incl'
The Contractor agrees to post in conspicuous places, available to empl
notices to be provided by the Owner setting forth the conditions of t
clause.
SECTION 01001 - GENERAL PROJECT REQUIREMENTS
~llation or changes
during the term of
:n (15) days before
tits required for the
imited to a NPDES
tired by the City of
ices in the Proposal,
[ction thereof to the
uirements of these
,act Documents are
Documents are as
,~ Drawings and the
)re expensive way of
have asked for and
intended.
Specifications. The
rd Specifications for
is contract and are
ty of Coppell, Texas,
adard Specifications
:ly descn'be material
mdard Specifications
Specifications to be
nst any employee or
estry, national origin,
:e that applicants are
regard to their race,
action shall include,
or termination; rates
~ding apprenticeship.
oyees and applicants,
~ nondiscrimination
PAGE 6
The Contractor shall in all solicitations or advertisements for em
on behalf of the Contractor, state that all qnalified applicants will recei
employment without regard to race, color, religion, sex, age, ancestry
place of birth.
The Contractor shall furnish all information and reports requir
his designed to investigate his payroll and personnel records which
construction contracts with the Owner for purposes of ascertaining
equal employment opportunity clause.
The Contractor shall file compliance reports with the Enginee:
by the Non-Compensated Project Manager and/or the Owner or the
Compliance reports must be filed within the time, must contain ~
employment practices, policies, programs, and statistics of the Contra,
the form that the Owner or his designed prescribes.
If the Contractor fails to comply with the equal employment o1:
of this contract, it is agreed that the Owner, at its option~ may do e
following:
a. Cancel, terminate, or suspend the contract in whole or
Declare the Contractor ineligible for further contract u
to be in compliance.
1.23 Subsidia~ Work: Any and all work specifically governe
requirements for the project, such as conditions imposed by the
Conditions, Supplemental General Conditions, or these Special Con,
specific item for bid has been provided for in the Proposal, shall
subsidiary item of work, the cost of which shall be included in the price
for each bid item. Surface restoration and clean-up are general items
the category of subsidiary work.
1.24 Release of Lien: The Contractor shall be required to exe
materialmen's lien releases upon receipt of payments.
1.25 Pa~nent: Payment will be made for work completed on a
Contractor shall submit monthly payment requests in a detailed It
satisfactory to the Engineer (see Appendix B). Ten percent (10%) will
work under the Contract is completed and accepted by Engineer, Non-(
Manager and Owner. Only after final completion and acceptance will
submitted and final payment be made.
SECTION 01001 - GENERAL PROJECT REQUIREMENTS
~loyees placed by or
~,e consideration for
national origin, or
:d by the Owner or
pertain to current
ompliance with this
as may be required
ir agents or assi,~ms.
!ormation as to the
:tor, and must be in
pormnlty conditions
[ther or both of the
part;
.til he is determined
by. documentary
Plans, the General
titions, in which no
be considered as a
bid in the Proposal,
)f work which fall in
'.ute mechanics and
monthly basB. The
:m by Item format
be retained until all
~ompensated Project
the final estimate be
PAGE 7
1.26 Project Record Documents:
a. Description
The Contractor shall maintain at the site for the Owner':
one copy of:
2.
3.
4.
5.
6.
Drawings
Specifications
Addenda
Change Orders and other Modifications to the C
Shop Drawings, Product Data and Samples
Field Test Records
b. Maintenance of Documents and SamPles
Documents and samples shall be stored in Con
apart from documents used for construction.
Documents shall be maintained in a clean, dry,
in good order. Record documents shall not be
purposes.
Documents and samples shall be made availal
inspection by the Owner.
c. Recording
Each document shall be labeled "PROJECT RE£
printed letters.
2. Information shall be recorded concurrently with c~
No work shall be concealed until requ
recorded.
Drawings shall be legibly marked to record ac
follows:
Depths of various elements of foundation
slab datum.
Location of appurtenances concealed i
referenced to vis~le and accessible fearer~
Changes of dimensions and detail.
Changes made by Change Order.
Details not on original contract drawings.
SECTION 01001 - GENERAL PROJECT REQUIREMENTS
permanent records
retract
tractor's field office
:gible condition and
sed for construction
)le at ali times for
ORD" in neat, large
)nstruction progress.
ired information is
mai construction as
in relation to finish
a the construction,
~s of the structure.
PAGE 8
Each specification and addenda section shall
record:
Manufacturer, trade name, catalog number
product and item of equipment actually in
Changes made by Field Order or by Chart.
d. Submittals
1. At Contract close-out, Record Documents shall be
Submittals shall be accompanied with transmittal
containing:
Date
Project tire and number
Contractor's name and address
Title and number of each Record Docume
Signature of Contractor or his authorized
1.27 Project Field Office: The Project Field Office shall be establ~
be selected by the Contractor. Location of the field office shall be appr~
to move-in.
1.28 Utilities for Construction: All utilities required for construction
the Contractor at his own expense.
1.29 Work on Saturdays, Sundays & Holidays: When work must be
days the Contractor must request permission to work to the Engineer
advance. The Contractor shall bear the entire cost of inspection (4
work with said amount to be withheld from any monies to be due or
Contractor upon completion of this contract. Any additional costs assr
on these days shall be borne by the Contractor. No work will be allo~
1.30 Material Storage: Materials may be stockpiled on site at locafi,
Owner and the Non-Compensated Project Manager. The storage site
at the pre-construction meeting after the award of contract.
Thc Contractor shall be fully and legally respons~le for safcguar~
the storage site. The Contractor and his sureties shall indemnify, defen
the Owner and the Non-Compensated Project Manager and all of theft
employees from all suits, actions or claims of any character, name and
for or on account of any loss at this location.
Before any flammable liquids or fuel is transported into the City
City limits, the Contractor shall contact the respective City Fire Marsh~
regulations.
SECTION 01001 - GENERAL PROJECT REQUIREMENTS
legibly marked to
md supplier of each
.tailed.
e Order.
lelivered to Owner.
letters in duplicate,
:nt
:epresentative
hed at a location to
)veal by Owner prior
will be furnished by
performed on these
at least 48 hours in
w minimum) for this
I become due to the
~ciated with working
red on Sundays.
~ns approved by the
shall be determined
ting materials within
d and save harmless
officers, agents and
description brought
or stored within the
i1 for any applicable
PAGE 9
If necessitated, Contractor, at his expense, shall erect a tempo
materials inside of the fenced area.
The Contractor shall maintain the storage area in a neat and ox
to final acceptance of the project by the owner the areas used fo
products on any area where spills may have occurred will be fl
representative to determine if testing for Total Petroleum Hydn
necessary.
T.P.H. in excess of 100 mg/kg (ppm) shall be excavated and dispc
with applicable state and Federal Regulations at the Contractor's exp
determine compliance will be performed by the Owner at the Contra~
1.31 Debris Maintenance: The Contractor at all times shall keep the
from accumulation of waste materials, rubbish, debris, etc. caused by k
rary fence and store
derly manner. Prior
r storing petroleum
tspected by owners
~carbon (T.P.H.) is
,sed of in accordance
e, nse. Soil testing to
,~or's expense.
:onstruction site free
s operations. Waste
materials, rubbish, debris, etc. shall be cleaned up daily and removed ~rom the project site
at least once a week. No payment will be made for this work, its cos~ being subsidiary to
the entire project.
/
1.32 Disposal of Waste and Surplus Excavation: All waste materials removed during
construction, including but not limited to old pavement, subgrade material, trees, shrubs and
other debris, unless otherwise noted w[ll become the property of th~ Contractor and be
disposed of offsite by him at his own expense.
1.33 Temporary Use of Materials: No material which has been usc ~ by the Contractor
for any temporary purpose whatever is to be incorpora,ted in the eorr pleted work without
written consent of the Owner.
134 Preservation of Trees: Permission of the Engineer must be
trees on the property that obstruct the grading or other improvemen
project. When requested, the Engineer will mark the trees to be
destruction of a tree without permission shall be $500.00 each, payal
damage is continuous, tree guards shall be erected when so directed b,
Contractor's expense.
PART H - MATERIALS
Not applicable
PART III. INSTAIiATION
Not applicable
SECTION 01001 - GENERAL PROJECT REQUIREMENTS
ained for removal of
ts as outlined in this
saved. Penalty for
tie to the Owner. If
the Engineer at the
PAGE 10
PART IV- PAYMENT
4.1 Payment for the work described in this section shall be made on}
item for payment provided in the Contractor's proposal. All other worl~
incidental and subsidiary to the various bid items and payments made
items shall be considered as full compensation for these requirements.
o0o
~SECTION 01001 - GENERAL PROJECT REQUIREMENTS
t if their is a specific
shall be considered
under specific pay
PAGE 11
DMSION 1 - GENERAL REQUIRE351~V~
SECTION 01401 - TESTING LABORATORY SERVICE
PART I - GENERAL
1.0 THE GENERAL CONDITIONS, SUPPII~-MRNTARY C
applicable requirements of DIVISION 1 - GENERAL REQUIREMEN
a part of this Section.
1.1 SCOPE: This section covers the furnishing of all labor, mater
required to perform laboratory testing.
1.2 SELECTION, EMPLOYMENT, AND PAYMENT: An indeper
be selected by the NON-COMPENSATED PROJECT MANAGER
the OWNER and ENGINEER. The OWNER will pay all costs
services.
13
REPORTS: The testing laboratory shall send copies of the rep{
1. PROJECT ENGINEER 1 copy
2. CONTRACTOR 1 copy
3. OWNER 1 copy
4. RECORD 1 copy
1.4 RKIATED DOCUMENTS: This Section is intended to be cc
N.C.T.C.O.G. Standard Specifications for Public Works Construction.
PART H - MATERIALS
2.1 In the event certain materials of construction do not measure
standards or certain performance obligations are not met, the defective
shall be removed and replaced and all subsequent testing and related
the replacement shah be paid by the party responsfole.
2.2 The Contractor shall provide a concrete design for the Engine
PART 111 - INSTAIJATION
3.1 CONCRETE: The number of 6-inch test cylinders and test sc'~
to be tested for compressive strength, shall be specified by the Stands
Public Works Construction for North Central Texas under Item 5.8.6
ONDrrIONS, and
TS are hereby made
ials, and equipment
.dent laboratory will
zith the approval of
f testing laboratory
~rts to the following:
mplimentary to the
up to the required
aaterial and/or work
york necessitated by
;r's approval.
PAGE 1
ed, as prescn"oed by
· .st revisions thereof,
SECTION 01401 - TESTING LABORATORY SERVICE
otherwise directed by ENGINEER. Cylinders shall be made and cm
ASTM C31-84, and broken as prescn~bed by ASTM C39-tM, or the lat,
unless otherwise shown in the specifications.
~edules for concrete
rd Specifications for
a nd Item 7.4.5, unless
Concrete shall be tested for flexural strength in accordance with
Standard Specifications. Two Beams shall be taken at the start of the
at 7 days and one broken at 28 days. A minimum of one beam shall be
station and broken at 28 days.
The CONTRACTOR may have other cylinders or beams mad
determine concrete strength for form removal.
3.2 FIIJ, COMPACTION: The testing laboratory will make tests c
accordance with ASTM D2922-81, at points selected by the ENGINEEI
of one density test for each 10,000 square feet per lift unless other~
ENGINEER.
3.3 BACI~IIJ. COMPA~ON: The testing laboratory will ma2
density in accordance with ASTM D2922-81 at a point selected by fl
minimum of one density test will be made for each 100 linear feet fo:
loose lift for utility construction unless otherwise directed by the Eb
operations will be monitored continuously by the testing laboratory at bo
and other structures.
3.4 NOTIFICATION: It will be the respons~ility of the CONTRA
testing laboratory, the OWNER, the ENGINEER and the inspector t~
before paving, compaction or backfill operations begin.
PART IV- PAYM~NT
4.1 Unless otherwise stated elsewhere in these Specifications, the (
costs of the testing laboratory services. No separate payment sba
CONTRACTOR for the work descn'bed in this Section nor for any del
resulting from the testing laboratory exercising their duties. Payment fc
made under the specific Pay Item and shall be considered as full con
requirements.
4.2 The CONTI~CTOR shall be respons~le for all costs of th~
services required due to failed tests.
o0o
SECTION 01401 - TESTING LABORATORY SERVICE
thc City of Coppell
project one broken
aken every 100 foot
'~, at his expense, to
in-place density in
at a minimum rate
~e directed by the
e tests of in place
te ENGINEER. A
every other 8 inch
'GINEER. Back~l
culverts, headwalls
CTOR to notify the
vo (2) worldng days
)WNER will pay all
11 be made to the
ay or inconvenience
r such work shall be
pensation for these
testing laboratory
PAGE 2
DIVISION 1 - GENERAL REQUIIIF. MENTS
SECTION 01501 - SURVEY
PART I - GENERAL
1.0 THE GENERAL CONDITIONS, SLIPPI.RMENTARY (
applicable requirements of Division 1 - General Requirements are he
this Section.
1.1 SCOPE: This section covers the furnishing of all labor, mate
required for field staking of grading, storm sewer and pavement com~
this project.
1.2 Sk':I.~CTION, EMPLOYMENT AND PAYMENT: Survey for
provided by the Contractor. The Contractor will pay all costs of riel,
maintain existing control and to construct proposed facilities at the line
on the plans. All surveying, staking and layout shall be performed und
a surveyor licensed in the State of Texas. Proof of registration will be
construction.
PART H - MATERIALS
Not Applicable
PART llI. INSTALLATION
3.1 STAKING: The Contractor shall furnish all staking as n
construction. Control has been established by the OWNER. The
respons~le for verifying the relative horizontal and vertical relatio~
staking as indicated on the construction drawings. The Contractor sl
staking within the construction limits prior to beginning constructio~
control for the duration of the project.
Any stakes or markings the OWNER has established either fo
Contractor's guidance shall be preserved by the Contractor until autho~
to remove same. Any further staking will be the responsibility of the
existing stakes destroyed either by him or third parties will be rep
expeme of the Contractor. If required the OWNER will re-establ'
monumentation requested by the Contractor at the Contractor's expe
PART IV - PAYMENT
Not Applicable
o0o
SECTION 01501 - SURVEY
10NDITIONS, and
reby made a part of
rials and equipment
ruction- required for
this project will be
survey required to
and grade indicated
,r the supervision of
equired prior to any
ay be required for
Contractor shall be
tship of the control
tall offset all control
and maintain such
: his own use or the
~zed by the En~neer
Contractor, and any
iaeed by and at the
sh or set additional
PAGE 1
DIVISION 2 - SPECIAL PROVISIONS TO STANDARD
SPECIFICATIONS FOR CONSTRUCTION
ALBERT H. H_AT,FF ASSOCIATES, INC.
SPECIAL PROVISIONS
TO
STANDARD SPECIFICATIONS
FOR
PUBLIC WORKS CONSTRUCTION
These Special Provisions, modify, or supplement the Sta
Specifications of the North Central Texas Standard Specifications. All
not so modified or supplemented remain in full force and effect, excc
as established in the Section 00140 - Bid Form.
PART h Delete entirely.
PART H: MATERIALS - DMSION 2
ITEM 2.1.5. TRENCH BACKFII.L:
(b) Types "B" and "C'
(4) Additional Requirements
(B) Additional Requirements for Type "C" backfill v
Insert the following paragraph at the be~nning of this subsection: "All
be compacted to between 95 percent and 100 percent of Standard
determined by ASTM D-698 at, or up to five (5) percentage poi'
moisture content, using mechanical compaction methods unless other
Plans. Water jetting may be used only with specific written permissie
ITEM 2.1.6. RIPRAP OR STONE MASONRY:
Co)' Materials and Dimensions
(4) Mortar Riprap. Add the sentence: Mortar or c~
approved by the Engineer and shall conform to A.S.T.M. C 3~
ITEM 2.1.7. PIPE BEDDING MATERIAL FOR STORM SE
(a) General: Amend the first sentence, by stn~ng the
for earth bedding" and replace with "recommendations of the pi]
shall be approved by the Engineer.
(b)
paragraph:
Engineer."
Earth Bedding: Add the following sentence at'
"Earth bedding will not be permitted without wfi
SPECIAL PROVISIONS
tdard Construction
)rovisions which are
payment shall be
len used in streets:
trench backfill shall
Proctor Density as
ats above, optimum
~se specified in the
n of the Engineer."
)ncrete type shall be
7-83.
words "requirements
)e manufacturer, and
:he be~nning of this
tten approval of the
PAGE I
ITEM 2.2.2. CHEMICAL ADMIXTURES:
(a) Fly Ash. Delete the three paragraphs under this
specifications. The use of Fly Ash as an admixture in any
specifically prohibited without written approval of the Enginee
ITEM 2.2.10. JOINT SEALING:
Joint Sealer shall be silicone as approved by the City of Copp~
City of Coppell requirements and manufacturers recommendafi
PART III: DIVISION 3 - SITE PREPARATION
ITEM 3.1.2. CONSTRUCTION METHODS:
Add the following sentence after the second sentence: The methc
be 2 inch by 4 inch wood railing unless otherwise shown on the
the Engineer.
ITEM 3.7.3. DENSITY:
Strike the first sentence and replace with the following: '~,arth ex
material shall be compacted to between 95 percent and 100 1
Proctor Density as determined by ASTM D-698 at, or up to
points above, optimum moisture content, using mechanical ct
unless otherwise specified in the Plans or Specifications."
ITEM 3.10 SEEDING
Delete this section and replace with the following.
PART I - GENERAL
1.0 SCOPE: This Section covers the furnishing of all labor, mater
required to establish a Bermuda grass cover on all areas to be grass,
Drawings. The work shall consist of preparing the ground; furnishin
fertilizer, water, mulch, and any other materials necessary to establish
maintenance, including mowing, as necessary until final acceptance. Al
shall be spread with topsoil.
PART H - MATERIALS
2.1 SEE. B: Common Bermuda (Cynodon dactylion) grass seed
permanent grass cover with Tall Fescue (Festuca sp. '2vlustang", '~-Iou
"Adventure") as temporary grass cover. All seed must meet the requir,
Seed Law including the labeling requirements for showing purity, gert
type of seed. Seed furnished shall be of the previous season's crop and
shown on each bag shall be within nine months of the time of planting.
SPECIAL PROVISIONS '
~ubsecfion from the
.'lass of concrete is
11 and installed per
}ns.
t of protection shall
?lam or directed by
~bedment and select
)ercent of Standard
five (5) percentage
~mpact/on methods,
ials, and equipment
;d as shown on the
g and placing seed,
~e grass cover; and
areas to be grassed
all be used as the
~dog,, "Olympic" or
:ments of the Texas
alnation, name, and
the date of analysis
Each variety of seed
PAGE 2
shall be furnished and delivered in separate bags or containers.' ;
inspected and approved by the ENGINEER, and representative sampl
be furnished for analysis and testing when so directed by the EN¢
delivered prior to use shall be stored in such a manner that it will be pr,
by heat, moisture, rodents, or other causes. The seed shall be bullet
treated with fungicide and tested for minimum percentage of purit~
follows: Pure Live Seed content shall not be less than 85 percent, u
Purity X % Germination.
2.2 TOPSOIL: Topsoil shall be friable surface soil conforming to
Item 3.8. Topsoil.
2.3 FERTIIJZER: A pelleted or granulated commercial grade
analysis ratio of approximately 16 nitrogen, 20 phosphoric acid, and 0
All fertilizer used shall be delivered in bags or containers clearly labeler
and weight.
2.4 STRAW MULCIt:
A. Mulch material shall consist of oat, wheat, or rice straw
native grasses approved by the ENGINEER. The mulch material sha
grass, nut grass, or other noxious weeds and foreign materials. The C
provide a method satisfactory to the ENGINEER for determining
furnished.
B. Emulsified asphalt shall conform to thc requirements o
PART 111. INSTALLATION
3.1 SITE PREPARATION: All areas to be seeded shall be sprea
grassing in accordance with Item 3.8. Topsoil. All areas to be se,
harrowed, or cultivated 1 or 2 inches deep as necessary to reduce th,
of ti]th.
The seed bed shall be deemed suitable when the soil particle
small enough to prevent the seed from being covered too deep for oI
3.2 APPLICATION: A straw mulch seeding method of applicatio
accordance with the following basic requirements shall be used to prov
of the area shown on the Drawings.
Type of Seed
Bermuda-Hulled
Application Rate
90 lbs. per acre
Planting Dates
Apr. 1- Sept. 1
Tall Fescue
(temporary cover) 435 lbs. per acre
Sept. 1 - March 31
Fertilizer shall be applied at a rate of not less than 400 lbs. pc
SPECIAL PROVISIONS
labels shall be
~s of each variety will
HNEER. Any seed
nected from damage
extra fancy graded,
and germination as
~ing the formula: %
the requirements of
fertilizer having an
potash shall be used.
[ showing the analysis
or hay cut from any
11 be free of Johnson
ONTRACrOR shall
the weight of mulch
ASTM D 977.
with topsoil before
·.ded shall be diced,
soft to a good state
on the surface are
2timum germination.
or its equivalent in
de uniform coverage
acre.
PAGE 3
For broadcast seeding wiffi mechanical equipment the seed ol
fertilizer in the quantities specified may be distributed at the same
composite is uniformly distn'buted and covered with a maximum of 3/8
Upon completion of planting of the seed, straw mulch shall be sp
the area seeded at the rate of 1/2 to 2 tons of straw per acre. A
approved by the ENGIlqEER shall be equipped to inject asphaltic ma'
uniformly as it leaves the equipment at a rate of 0.05 to 0.10 gallons ot
yard of mulched area.
As it will be the CONTRACTOR'S respons~ility to insure se~
grass coverage, it shall be required that close attention be given to soil
during the establishment of the grass cover. In the event that evaporati
rainfall cause excessive drying of the soil, the CONTRACTOR shall b
all seeded areas. The CONTRACTOR shall be respons~le for provic~
and irrigation equipment as needed to fulfill this requirement.
CONTRACTOR'S respons~ility to make arrangements for the use of
that he may choose to use.
· seed mixture and
lime provided each
-inch of soi~
'ead uniformly over
mulching machine
:erial into the straw
asphalt per square
:d .gemination and
moisture condition
an rates and lack of
, required to water
ng pumping, piping
It shall be the
x~y sources of water
These specifications are given for guidance only and shall serve as minimum
requirements. The CONTRACTOR shall do whatever is necessary including additional
seeding, watering, fertili~.ing, eradication of temporary grass cover ~.d .maintenance, ~
provide the required coverage until acceptance by the Owner. The req~refl_ coverage sn
be a minimum of 95 percent coverage with no individual bare area gre~ter than two square
yards. ~
3.3 MAINTENANCE: After seeding the CONTRACTOR shall paaintain, repair, or
replace completed grass cover until final acceptance. Mowing of all plmated areas shall be
accomplished when the soil is dry and when deemed necessary by the O ~ner. Mowing shall
be accomplished in a manner that will not cause damage to slopes or ott ter completed areas.
PART IV. PAYMENT
4.1 PAYMENT: All work under this Section shall be paid for p~'r acre at the price
established for "Grass Cover," in the bid proposal which price shall include all labor,
cquipment~ materials, and supplies to provide complete grass cover in accordance with the
intent of this Specification.
4.2 MF_AS~: When the project as a whole generally .:ontains 50 percent
coverage, payment of 50 percent of the established price will be made. The remaining 50
percent will be paid for significant areas when complete grass cover is established to the
satisfaction of the ENGINEER, except that the final 10 percent of tlte total amount due
under this Pay Item shall be withheld until final acceptance of the enlire Contract work.
ITEM 3.10.1 HYDROMULCHING:
Delete this specification and replace with the following:
SPECIAL PROVISIONS
PAGE 4
PART 1: GENERAL
,1.1
DESCRIFFION
A. Work Included
1. Lawn work shall include seed bed preparat
hydroseeding, and maintenance operations as indicated o
herein.
1.2 QUALITY ASSURANCE
Contractor's Qualifications
1. The work of this section shall be performed by a cz
in seeding, and/or landscape installations.
2. Guarantee all materials to be of quality and
herein.
13 SUBMITTALS
A. Certificates of Conformance or Compliance
1. Seed: type and purity analysis
2. Fertilizer: Manufacturer's guaranteed analysis
3. Hydromulch fiber: manufacturer's guaranteed
4. Tack/tier: manufacturer's guaranteed analysis
B. Certified Test Reports
1. Soil Mixes
1.4 FINAL ACCEPTANCE
A. General: Final inspection and acceptance will be at
establishment period. Acceptance will be based upon a satisfactory st,
under '~stablishment".
B. Areas which do not have a minimum of 95 percent
specified species shall be reseeded. Repair rejected areas of turf with
dates as directed by the Owner's representative.
C. The lawn shall be guaranteed for a period of one yel
Acceptance by the Owner to be at least the quality and condition as
SPECIAL PROVISIONS
'~on, finish grading,
plans and specified
retractor specializing
aantity as specified
Lalysis
the end of the turf
ad of turf as specified
;round cover of the
acceptable planting
tr from date of Final
at Final Acceptance.
PAGE 5
PART ~: MATERIALS
2.1 SEED
A. Lawn seed for the permanent grass cover shall be fresh,
seed composed entirely of Common Bermuda Grass [(Cynodon dactyli~
cover shall be md-type tall fescue (Festuca sp.: 'Wlustang", '~rlom
"Adventure")], free from weed seeds, as regulated by Federal Seed Act
seed laws. The seed shall be hulled, extra fancy grade, treated with fun
minimum percentages of purity and germination as follows:
1. Pure live seed content of not less than 85 percen
% purity x % germination.
B. Seed shall be labeled in accordance with U. S. Depart
regulations.
1. Provide a complete fertilizer, for use with hydron
50 percent nitrogen derived from organic sources. The d
shall be 16-20-0 (N-P-K), also containing zinc and iron.
2. Provide a complete fertilizer for second applic~
50% nitrogen derived from organic sources. D~ weighl
15-5-10 (N-P-K), also containing ~inc and iron.
2.3 HYDROMULCH FIBER
A. Provide shredded or baked cellulose fibers for hydroseed
be specifically processed for this application and shall contain no gr
inh~iting properties. The cellulose fiber, or hydroseed mixture, shaI
visual metering of the application. Green is preferable.
1. Accepted products: AFM Wood F~er Mulch; C
Silva-F~er, or approved equal.
2.4 TACKIFIER
A. Provide a binding agent to hold mulch, fiber and seed in
be water-soluble or shall be acceptable of remaining in suspension
process.
1. Accepted products:
equal.
SPECIAL PROVISIONS
Hydro-Tack; J-Tack; Terr
dean, dry new-crop
)n), temporary grass
~dog", "Olympic" or
and applicable state
gicide and tested for
using the formula:
aent of Agr/culmre
alch, with minimum
ry weight percentage
trion, .with minimum
percentage shall be
mixture. F~er shall
3wth or germination
be colored to allow
~nwed; Weyerhauser
3lace. Tackifier shall
~ring the application
i-Tack, or approved
PAGE 6
PART 3: EXECUTION
3.1 GRADING
Rough Grading
1. Maintain rough grades in a uniform and properly
so as to prevent future depressions. Maintenance shl
repairs to previously graded areas and scarifying areas c
to construction operation.
B. Finished Grades
1. Finished grades shall slope to drain, be free of
irregularities after thorough settlement and compactior
uniform in slope between grading controls and the ele~
2. Finished grade for lawn areas shall meet exist~
limits and be 1/2 inch below top of curbs and walk pay
3.2 PLANTING AREA PREPARATION
A. Planting dates shall be as indicated under Paragrapl
weather or season shall require that temporary grass cover be establ
Bermuda grass cover be established the succeeding spring at no exm
B. Preparation of Seed Bed
1. Immediately before seeding scarify, till, float
necessary to bring it to the proper condition. Remove
than one inch in diameter and legally dispose.
2. Eliminate weeds in areas to be seeded prior to s,
approved by the Owner's representative.
3. Maintain seed bed during establishment period.
and reseed as required.
3.3 ItYDROMI~CltlNG
A. Hydromulch during the following periods:
1. For bermuda lawns: May 1 to September 1, o~
2. For fescue lawns (temporary cover): Septemb
approved.
SPECIAL PROVISIONS
compacted condition
fll include necessary
verly compacted due
depressions or other
. of soil, and shall be
ations indicated.
~g grades at contract
lng.
3.3. Delay due to
shed and permanent
cost to the Owner.
and drag topsoil as
foreign matter larger
:eding, using methods
Repair eroded areas
as approved.
er 1 to Apffi 30, or as
PAGE 7
B. Apply the hydromulch mixture with high-pressure spray ~tirected/~pwards to
fall in a rail-like pattern, forming a uniform cover at the specified rate s. Mixture shall be
kept agitated to ensure a consistent blending of seed, water, ferU3Jzer, nulch, tackifier, and
other approved additives.
C. Apply the hydromulch mixture at the following rates:
1. Seed:
a. Common Bermuda grass seed: 2 poum
(90/pounds/acre).
b. Tall fescue grass seed: 10 pounds/1000
pounds/acre).
2. 16-20-0 fertilizer with trace elements: 10 pounds/l
pounds/acre).
3. Cellulose fiber mulch: 50 pounds/1000 square feet
4. Tackifier: sufficient quantity to hold hydromulch ~
turf establishment, with a minimum of one pound/1000
3.4 CLEANING, REMOVAL, AND REPAIR
A. Promptly remove materials spilled on pavement adjacent
areas.
B. Repair existing lawns damaged by operations under this 12
include finish grading and seeding as required to match existing g
maintenance of repaired areas.
3.5 ESTABLISItMENT PERIOD
Maintenance
1. Mowing, edging, and irrigation shall be the
Contractor until completion and acceptance.
2. Contractor shall apply second specified fertilizer
from seeding.
a. Apply at the rate of 15 pounds/101X
pounds/acre).
SPECIAL PROVISIONS
dlO00 square feet
square feet (435
000 square feet (435
(2200 pounds/acre).
nixture in place until
;quare feet.
3 lawa establishment
)ntract. Repair shall
:ade and lawn, and
espons~flity of the
~pplication 12 weeks
square feet (650
PAGE 8
Turfgrass Establishment
1. The Contractor shall bear full respons~ility fox
complete and uniform stand of turfgrass.
2. The Contractor shall be respons~le for defects re:
damage by others, or unusual phenomena or any inciden'
within the Contractor's control, such as flood, freezing
vandalism.
3. Acceptance will be based on establishment of
turfgrass, defined as coverage of specified grass at a ~
coverage, with no individual bare areas greater than tw
As it will be the Contractor's respons~ility to insure seed g~
coverage, it shall be required that close attention be. given to soil mois
the establishment of the grass cover. In the event that evaporation rat
cause excessive drying of the soil, The Contractor shall be requirec
areas. The Contractor shall be responsfole for providing pumping,
equipment as needed to fulfill this requirement. It shall be the Con!
to make arrangements for the use of any other sources of water that
These specifications are given for guidance only and sba
requirements. The Contractor shall do whatever is necessary includ~
watering, fertilizing, and maintenance to provide the required covera
the Owner.
C. Fill depressions in the finished grade of lawn areas
grade. Reseed bare spots and damaged lawn which occur until end
PART 4: BASIS OF PAYMENT
4.1 See Item 3.1 Grasscover, Part IV Payment.
PART IV: DMSION 4 - SUBBASE AND BASE COURSES
ITEM 4.8.4. CONSTRUCTION METHODS:
(b) Compaction
Amend the last sentence of the first paragraph, by striking the
the maximum dry density of such material." and replace with the w(
maodmum dry density of such material, or as directed by Engineer.
SPECIAL PROVISIONS
establishment of a
~ulting from abuse or
whether beyond or
ra!n~ winds, fires or
a uniform stand of
ensity of 95 percent
square yards.
;rmination and grass
ture condition during
es and lack of rainfall
· to water all seeded
piping and irrigation
factor's respons~ility
te may choose to use.
serve as minimum
tg additional seeding,
e until acceptance by
conform to uniform
)f guaranty period.
: words: "90 percent of
,rds "95 percent of the
PAGE 9
PART V: DIVISION 5 - PAVEMF~NT AND SURFACE COURSE~
ITEM,5.8.2. CONSTRUCTION METHODS
(e) Joints
(1) Expansion Joints: Delete the first paragraph m
following: '~xpansion joints shall be installed perpendic
and centerline of the pavement. Expansion Joint mater
boards, 3/4-inch in width, and extended through curbs.
to be installed at each end of radius at street intersectio
shall be equally spaced between intersections with not
1,000 linear feet of pavement, unless otherwise specifi
directed by the Engineer.
(C) Proximity to Existing Structures: Add to end of sentenc
the Engineer".
(2) Contraction Joints. Delete the first sentence ol
and insert the following: "Contraction or dummy joints st
inches in depth, and 1/4 inch in width, and .installed ev
pavement, and extend through curb, unless otherw5
Engineer."
(h) Finishing.
(1) Machine. Add the following paragraph at the e~
"Fog sprays powered by pressure pumps, and capable c
area of freshly placed concrete with a fine mist, shall
needed for firfishing operations."
(2) Hand. Add a new paragraph after first parag
follows: "Fog sprays powered by pressure pumps, and ca
entire area of freshly placed concrete with a fine mist,
is needed for finishing operations."
.PART VI: DMSION 6 - UNDERGROUND CONDUIT CONSTI
ITEM 6.2.9. BACKFII L:
(b) Compaction.
(2) Densities - Areas Not Subjected to or Influenced
Amend the second sentence by striking the words "to
with adjacent undisturbed material" and replacing with
95 percent and 100 percent Standard Proctor Density as ~
D-698 at, or up to five (5) percentage points above
content, unless otherwise specified in the Plans or dire¢
o0o
SPECIAL PROVISIONS
td replace with the
ularly to the surface
.al shall be redwood
~xpansion joints are
ks. Expansion joints
less than one every
ed on the Plans or
e, "or as directed by
the first paragraph
all be sawed to 1-1/4
:fy 12 linear feet of
se directed by the
td of this subsection:
f covering the entire
be used if water is
:aph which reads as
>able of covering the
tall be used if water
[CTION '
by Vehicular Traffic.
t density comparable
'to a density between
ietermined by ASTM
, optimum moisture
ted by the En~neer.
PAGE 10
SPECIAL PROVISIONS
PAGE
DIVISION 3 - TRENCH EXCAVATION PR
OTECTION
DMSION 3 -TRENCH EXCAVATION PROTECTION
SECTION 03001 - TRRNCH SAFETY SYSTEMS
PART I - GENERAL
1.0 THE GENERAL CONDITIONS, SUPPI.EMENTARY CONDITION, and
applicable requirements of DIVISION I - GENERAL REQUIREMEI~ TS are hereby made
a part of this Section.
L1 WORK INCLUDED: This section covers excavation and SUl~porting systems for
trenches necessary to protect the safety of workers. This specification shall govern for
construction of all types of trenches except where the requirement~ of this section are
explicitly revised or superseded by another section. Additional require~aents as set forth by
federal, state, and local government regulations will be applicable .a~d must be followed.
The Contractor shall be respons~le for the design, placement, and ire pection of all trench
safety systems in conformance with the Occupational Safety and H~'.alth Administration
(OSHA) standards as contained in Subpart P, Part 1926, Title 29 of [he Code of Federal
Regulations (29 CFR 1926). Other OSHA construction standards sh,'dl also apply.
1.2 Copies of the specific Logs of Borings, by Terra-Mar Consr
included in Appendix A. Subsurface conditions between the locations
vary, and it is the Contractor's responsibility to detect varying cond
hazardous and take appropriate action. The information included in
Contractors information only and is not for the Contractor's or thir
design of trench safety systems. The Contractor, at his expense, shs
obtaining any geological data required for his design of the trench sm
1.4 APPLICABILITY: These specifications apply to any trench exca
five (5) feet in depth from the ground surface, or trench excavations
(5) feet in depth located in areas where unstable soil condition are
Safety and Health Regulations, Part 1926, Subpart P, Paragrap~
Subparagraph (a)).
1.5 TJABILITY: It is the Contractor's respons~ility that all exca,
conditions are within the regulations as established by OSHA. Any
bodily injury (including death) that arises from use of the trench sari
Contractor's negligence in performance of the contract work, s~
respons~ility and liability of the Contractor.
1.6 EXISTING UNDERGROUND INSTAIJATIONS: Known mad
are shown on the Drawings. It is the Contractor's respons~ility to vel
and elevations of all existing utilities in the construction area prior
excavation operations.
PART H - MATERIALS
Not applicable.
SECTION 03001 - TRENCH SAFETY SYSTEMS
lring Engineers, are
hown on the logs wfll
itions which may be
tppendix A is for the
:1 parties' use in the
11 be .responsible for
!ety system.
tvation which is over
hat are less than five
)resent (Ref. OSHA
29 CFR 1926.652,
trion work and site
property damage or
'~ty systems, from the
all remain the sole
~.rgromad installations
fly the size, locations
o commencement of
PAGE I
PART HI - INSTALIATION
Not applicable.
PART IV - MATERIALS
Not applicable.
PART IV- PAYMENT
4.1 MI*AS~: Trench Excavation Protection shall be measur
along the centerline of trench.
4.2 PAYMENT: Payment for Trench Excavation Protection, mea
above, shall be made at the unit price bid per linear foot of "French Exl
;d by the linear foot
sured as prescn'bed
havation Protection".
Payment shall include all components for design and constru :tion of the Trench
Protection System which can include, but not be limited to, sloping, sl~ eeting, trench boxes
or trench shields, sheet piling, cribbing, bracing, shoring, dewatering qr diversion o.f water.
to provide adequate drainage. Payment shall also include the additi/)nal excavation aha
removal, and removal of the trench supports after
backfill
required,
jacking,
any
jack
completion. ~
Payment of all work prescribed under this item shall be full ~:ompensation for all
additional excavation and backfill; for furnishing, placing and removing all shoring, sheeting,
or bracing; for dewatering or diversion of water; for all jacking and j,'.ck removal; and for
all other labor, materials, tools, equipment and incidentals necessary tc complete the work-
o0o
SECTION 03001 - TRENCH SAFETY SYSTEMS PAGE 2
DIVISION 4 - SITE WORK
'DMSION 4 - SITE WORK
SECTION 04102 - CLFARING AND GRUBBING,
PART 1 - GENERAL
1.0 THE GENERAL CONDITIONS, SUPPI.KMENTAR_Y (
applicable requirements of DIVISION 1 - GENERAL REQUIREME2
a part of this Section.
1.1 Scope: This section covers the furnishing of all labor, mat
to remove all debris and vegetation from all areas where excavatio]
OCC%tT.
1.2 Clearing'. Remove all debris, trees, logs, brush, stumps,
other objectionable matter and make disposal away from site.
p~TH-MA~RIALS
2.1 EQUIPMENT AND MATERIAI_~ RF~ULTING FROM
GRUBBING shall become the property of CONTRACTOR and the (
remove and dispose of same off-site, except as indicated otherwise o~
pART~-E~CUTION
3.1 Method: Any areas where excavation of filling is to take ]
of all stumps, roots, debris, and any above-surface growth. Removal of
from all excavation areas shall be thorough and complete as it is
existing ground to be prepared as necessary to allow fill material to
soil. The use of burning at the project site for the disposal of reft
permitted upon approval by the appropriate authorities. It shall be tl
respons~ility to obtain any approval required.
3.2 Inspect the site in the presence of the ENGINEER before worl
trees or shrubs that are to remain shall be marked. All remaining tre~
cleared as stated above, or as directed by the ENGINEER. If
removes any tree which has been designated to stay by the ENGINE
$500 for each such tree removed, payable to the OWNER either in
PART IV- PAYMENT
4.1 Payment: All work under this Section shall be paid for at
in the pay item for "Site Clearing and Grubbing, General" which price
equipment, and supplies necessary to complete the removal of
vegetation and debris from the proposed areas.
o0o
SECTION 04102 - CI.EARING AND GRUBBING
.'ONDITIONS, and
ITS are hereby made
~rials and equipment
fill or grading wffi
oots, vegetation, and
CLEARING AND
:ONTRACTOR shall
the Drawings.
lace shall be cleared
vegetation and debris
trended to allow the
dhere to the existing
;e and debris will be
te CONTRACTOR'S
: begins. Any specific
· .s and shrubs shall be
the CONTRACTOR
ER, he shall be fined
:ash or as a credit.
the price established
hall include all labor,
all trees, shrubbery,
PAGE 1
DMSION 4 - SITE WORK
SECTION 04210 - EXCAVATION, BA~L AND GRADING
PART 1 - GENERAL
1.0 THE GENERAL CONDITIONS, SPECIAL CONDITIOt
requirements of DMSION 1 - GENERAL REQUIREMENTS are ht
this Section.
1.1 Scope:. This Section covers the fmmishing of all labor, materia
complete all excavation, filling, backfilling, and compacting; to pt
embankments and cuts; to remove and dispose of all surplus material
provide final site grading, as required. The work included in this Sec
area defined for the Bridge and Roadway.
1.2 Lines and Grades: Construction lines and grades shall be esta'
a competent surveyor or engineer in accordance with Section 01501.
1.3 Subsurface Data: Logs of borings represent only the conditior
boring, at the time the boring was made. A copy of the log of bo~
general information only.
P~TH-MA~RIALS
2.1 Select Fill: The select fill material shall consist of sandy clay or (
a liquid limit less than 35 percent and a Plasticity Index of 4 to 15. Lc:
weight shall pass the Number 200 sieve.
2.2 Clay Fill: The clay fill shall consist of the same clay soils as fm
are classified as CH and C1 according to the Unified Soil Classi~
conforming to the requirements of the plans.
2.3 Rockfill: Excess rock excavation larger than &inch in diameter '.
offsite disposed of rock material less than &inches shall be placed
minimum of 6-inch of clay or select material over the top of the r
material to be stockpiled shall be separated from clay material stock
PART IH - INSTALLATION
3.1 Excavation: All excavation shall be made in such manner as
to be brought to final line and grade within plus or minus 0.1 foot
restored by the CONTRACTOR at his own expense. Per Texas E
September 1, 1989 it shall be the respons~ility of the contractor to
a viable trench Safety.System at all times during construction.
SECTION 04210 - EXCAVATION, BACKFII J. AND GRADING
~S, and applicable
:reby made a part of
ls and equipment to
ovide protection of
~ and debris; and, to
[ion is limited to the
dished at the site by
at the point of the
hags is furnished for
:layey.sand which has
~s than 50 percent by
md at the site, which
ication System, and
;hall be removed and
in fill areas with a
)ck tO grade. Rock
)ile.
o permit all surfaces
Overbreak shall be
louse Bill 1569 as of
~rovide and maintain
1
In general, all excavations shall be made in open-cut from the s
and shall be no greater in width or depth than is necessary to permit the
of the work in accordance with the plans and these Specifications. Exc~
in accordance with the lines indicated on the plans as establishec
ENGINEER.
The entire foundation area in the bottom of all excavation shal
at uniform density as nearly as practicable, and unless necessary, []
disturbed below grade. "Grade" in this instance is the base of the loc
for in the plans, or the minimum depth below the pipe barrel as desc~
Specifications. However, any soft, spongy, disintegrated, or other uns~
be removed to the depth below grade as directed by the ENGINE'.
removed shall be replaced with other material 'satisfactory to th
thoroughly compacted in place to finish grade elevation in the mann
ENGINEER.
Excess excavated material shall be disposed of as indicated o:
directed by the ENGINEER.
3.2 Grading: All excavated areas shall be brought to final line
grading. Grades not otherwise shown shall be uniform levels or slop
points, and conforming to adjacent graded areas. In berm or slope a~
material, the material shall be placed and compacted in accordance x~
of these Specifications. Areas adjacent to roads, structures, or other
be graded to provide drainage away from such areas.
3.3 Topsoil: Before commencing excavation, topsoil shall be ret
designated for excavation and embankment. A quantity of topsoil su
designated to receive topsoil to a minimum depth of 6 inches
Objectionable material and foreign materials shall be removed before
stockpile. Spreading shall not be done when ground or topsoil is froz,
dry, or otherwise in a condition unsuitable for working. Slopes to be cc
be placed concurrently with the fill.
arface of the ground
proper construction
tvation shall be done
by the PROJECT
be firm, stable, and
~terials shall not be
ting as will be called
~ed in the Standard
itable materials shall
ER. Such materials
e ENGINEER and
~r satisfactory to the
a the drawings or as
and grade by finish
~s between elevation
eas requiring clay fill
~ith the requirements
inished surfaces shall
oved form the areas
t]cient to cover area
shall be stockpiled.
placing topsoil in the
"~n, excessively wet or
vered by topsoil shall
3.4 Filling: All materials used for filling shall be onsite clay soils, except where "Sand
Backfill" or other materials are called for in the drawings or in the Specifications.
/
Excess excavated materials resulting from street and site excav0tion will be placed in
areas of Gateway Business Park as directed by the NON-COMPENSATED PROJECT
MANAGER. Fills shall be placed at locations designated by the NC N-COMPENSATED
PROJECT MANAGER, not to exceed 2,000 feet. CONTRACTOR shall clear and grub
off-site fill areas.
Equipment for compacting fills shall be sheepsfoot rollers, rt bbertired rollers and
other approved equipment capable of obtaining required density.
SECTION 04210 - EXCAVATION, BACKFII J~ AND GRADING 2
The combined excavation and fill placing operation shall be sul
when compacted in the fill will be blended sufficiently to secure the bes
of compaction. The suitability of the materials shall be subject
OWNER'S laboratory. Dump, then spread and mix successive loads
horizontal layer of not more than 8 inches in depth, loose measureme~
of fill has been spread to the proper depth, it shall be thoroughly man
plow or other suitable and approved equipment until the material
pulverized and brought to a uniform approved moisture content at o~
above optimum. No fill material shall be rolled until the layer is brot
moisture content.
Any material, whether undisturbed in-place or fill, having a moisl
for proper compaction shall be dried by aeration until the moisture co~
point where satisfactory compaction may be obtained. If the moistur~
is too low, add water to the material and thoroughly mix by blading an~
a uniform and satisfactory moisture sections.
:h that the 'material
practicable degree
:o approval of the
,f material to give a
rt. After each layer
ipulated with a disc
is uniformly mixed,
up to four percent
ght to the specified
ure content too high
ttent is lowered to a
of the fill material
discing to produce
Clay fill shall be compacted to a minimum of'95 percent of the ~ ~.ximum dry density
as determined by ASTM D698. Clay fill shall have a moisture content b~tween the op...tim.um
and four percent above optimum. Testing of fill areas will be peffo~ned by the ~esnng
Laboratory. One hundred percent of Standard Proctor Density fot _s__~and_ba.,~h~[, .and
between 95 and 100 percent of Standard Proctor Density for sand ba~..k~, klac oelow
the top of wingwalls shall be placed and compacted equally along both :~ides of the structure
so as to prevent strain in or displacement of the structure. No backfill shall be placed
against the abutments, wingwalls, or other cast-in-place structures u~til the structure has
been in place at least seven (7) days.
PART IV- PAYMENT
4.1 No separate payment shall be made for structural or utility e:
under this Section. No separate payment shall be made for the remora
of rock material larger than 6-inches in diameter. Structural or utility ex
shall be considered incidental to the project and the payments made un(
shall be considered as full completion for these requirements.
4.2 In excavation areas where grass is to be established, the C(
overexcavate six (6) inches to allow for the placement of topsoil. TI~
placement of topsoil shall be considered incidental and shall not be m~
o0o
SECTION 04210 - EXCAVATION, BACKFIIJ. AND GRADING
rcavation or backfill
I and offsite disposal
eavation and backfill
ter specific pay items
)NTRACrOR shall
, overexcavation and
,,asured for payment.
3
APPENDIX A - SOIL INVESTIGATIOP DATA
APPENDIX B - CHANGE ORDER, PAY 1~
AND LIEN RELEASE FORMS
EQUEST,
APPENDIX C - CONTRACT ADDEi
~DA
APPENDIX D - CONSTRUCTION DR3
(ATTACHED SEPARATELY)
~WINGS
~-1
SC-1
D~i
D-i&D-2
TC-1
COVER SHEET
FINAL PLAT
SURVEY CONTROL
DRAINAGE AREA MAP
STORM SEWER PLAN/PROFII.E - SOUTHWE
TRAFFIC CONTROL PLAN
STERN DR/VE