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Gateway BP(2.4)-CN 940411CONSTRUCTION SPECIFICATI, CONTRACT DOCUMENTS FOR THE C! Of COPPELL MAN{:L "'0 FHE CITY OF COPPELL THE GEt~I£RAL APPROVAL OOES NOT RELIEVF :rile OWi~]ER: £NGINEEF~ OR CONTRAC'.rO~' FRUt'v~ CUivlPLVING WITH ALL SPECIFIL: ~EQUiR.F. IViLNTS rjr 'rilE CITy OF COPPELL SUBDiVISiON OR- GATEWAY BUSINESS PARK - GRAPEVI2qE CRE] COPPELL, TEXAS FOR · CATELLUS DEVELOPMENT CORPORATION prepared by: HALFF ASSOCIATES, INC. 8616 NORTHWEST PLAZA DRIVE DALLAS, TEXAS 75225 ENGINEERS LANDSCAPE ARCHITECTS AVO 12880 APRIL1994 rs K LANDSCAPING AND IRRIGATION IMPROVEMEb PHASE IIC A TO: BIDDERS LANDSCAPE AND IRRIGATION IMPROVEMENTS - PHASE GATEWAY BUSINESS PARK - GRAPEVINE CRR~K COPPEIJ~, TEXAS Gentlemen: April 1994 VO 12880 - Contract tic ,1994, and then at said offi :e publicly opened. until ; We enclose herewith Drawings and Specifcafions for Landscape and Irril ation Improvements, Gateway Business Park - Phase IIC. We request your bid on this work il accordance with the enclosed instructions. 'If we may furnish additional information, please do riot hesitate to call Mr. Brian Bristow at (214) 739-0094. Bids will be received by the Owner from the City of Coppell in Purchasing Office at the City of Coppell, City Hall, 255 Parkway Boulevard, P.O. Box 478, 1 ~oppell, Texas 75019, TABLE OF CONTENTS SUBJECT DIVISION 0 - BIDDING AND CONTRACT DOCUMENTS 00100 Notice to Bidders 00110 Instructions to Bidders 00140 Proposal Form Bid Form Agreement Performance Bond Payment Bond General Conditions 00232 Supplementary Conditions DIVISION 1 - GENERAL REQUIREMENTS 01001 General Project Requirements 01025 Alternates 01300 'Submittals 01401 Testing Laboratory Services 01501 Survey DIVISION 2 - SPECIAL PROVISIONS TO STANDARD SPECIFICATI~ DIVISION 3 - LANDSCAPING 02220 02476 02802 02811 . Landscape Excavation and Grading 'Metal Edging Planting Soil Mixes 02821 Permanent Lawns DIVISION 4 - IRRIGATION DIVISION 5 - CONCRETE 03300 Concrete Construction for Structures DIVISION 6 - SPECIAL SPECIFICATIONS 02910 Concrete Unit Pavers APPENDIX A - Soil Investigation Data APPENDIX B - Change Order, Pay Request, and Lien Release Forms APPENDIX C - Contract Addenda APPENDIX D - Construction Drawings (Attached Separately) )NS FOR CONSTRUCTION TABLE OF CONTENTS SUBJECT DIVISION 0 - BIDDING AND CONTRACT DOCUMENTS 00100 Notice to Bidders 00110 Instructions to Bidders 00140 Proposal Form Bid Form Agreement Performance Bond Payment Bond General Conditions Wage Rates 00232 Supplementary Conditions DIVISION 1 - GENERAL REQUIREMENTS 01001 01025 01300 01401 01501 DMSION 2 - General Project Requirements Alternates Submittals Testing Laboratory Services Survey SPECIAL PROVISIONS TO STANDARD SPECIFICATI~ DIVISION 3 - LANDSCAPING 02220 02476 02802 02811 02821 Landscape Excavation and Grading Metal Edging Planting Soil Mixes Permanent Lawns DIVISION 4 - IRRIGATION DIVISION 5 - CONCRETE 03300 Concrete Construction for Structures DIVISION 6 - SPECIAL SPECIFICATIONS 02910 Concrete Unit Pavers APPENDIX A - Soil Investigation Data APPENDIX B - Change Order, Pay Request, and Lien Release Forms APPENDIX C - Contract Addenda APPENDIX D - Construction Drawings (Attached Separately) )NS FOR CONSTRUCTION DIVISION 0 - BIDDING AND CONTRACT D OCUMENTS DIVISION 0 - BIDDING AND CONTRACT DOCUMENTS SECTION 00100 - NOTICE TO BIDDERS Sealed bids addressed to the Purchasing Agent, City of Coppell, Texas Irrigation Improvements, Gateway Business Park - Phase HC, Coppell, T, in the Purchasing Office at the City of Coppell City Hall, 255 Parkway Boul Coppell, Texas 75019, until on ., 1994, and then read aloud. Each Bidder shall submit two identical copies of this bid wil Bid No. designated clearly on the exterior of the bid envelope. Bidders must submit, with thcir bids, a cashicr's, or ccrtified check in thc a (5%) of thc maximum amount bid, payable without recourse to thc City ~ a Proposal Bond in the same amount from an approved Surety Company (~ list of companies holding certificates of approval by the State Board of In of the Texas Insurance Code) as guarantee that the Bidder will enter into a bond and guarantee forms provided within fourteen (14) days after award The successful Bidder must furnish Performance and Payment Bonds each of the contract price from an approved Surety Company holding a peru Texas, to act as Surety and acceptable according to thc latest list ot ccrtificates of approval from thc State Board of Insurancc undcr 7.19-1 ot Code. Thc successful bidder must also be able to show evidence that business in the State of Texas prior to executing the contract. Instructions to Bidders, Proposal Forms, Specifications, Plans and Contra{ obtained at the office 'of Albert H. Halff Associates, Inc., 8616 Northwesl Texas 75225, for a $50.00 non-refundable fee. AH unit priccs must bc stated in both script and figures. Thc Owner rescr any or all bids and to waive formalities. In case of ambiguity or lack of c] price in thc bids the Owner reserves the right to consider the most advat thereof, or to reject thc bid. Unreasonable or unbalanced unit price will be cause of rejection of any bid or bids. NO BID TRANS~ ACCEPTED. Bidders are expected to inspect the site of the work and to inform them conditions and conditions under which the work is to be done. Attention is called to the provisions of the Acts of the 43rd Legislature of subsequent amendments concerning the wage scale and payment of prev~ Prevailing wage rate will be established by the City of Coppell for this proj comply with the rules and regulations for the Americans with Disabilities Complete sets of bidding documents must be used in preparing Bids; neith, or the preparer, Albert H. Halff Associates, Inc., assume any respon misinterpretations resulting from the use of incomplete sets of Bidding D, SECTION 00100 - NOTICE TO BIDDERS , for Landscape and ~xas will be received evard, P.O. Box 478, publicly opened and the City of Coppell taunt of five percent ff Coppell, Texas, or ccording to the latest surance under 7.19-1 contract and execute of contract to him. t the amount of 100% tit from the State of companies holding the Texas Insurance is authorized to do Documents may be Plaza Drive, Dallas, ees the right to reject em'ness in stating the ttageous construction considered sufficient tY FAX WILL BE elves regarding local .ac State of Texas and ling wages specifie& ~t. All bidders must Act of 1990. :r the City of Coppell fibility for errors or ~cuments. PAGE 1 DIVISION 0 - BIDDING AND CONTRACT DOCUMENTS SECTION 00110 - INSTRUCTIONS TO BIDDERS 1. Defined Terms. 1.1 Terms used in these Instructions to Bidders which are defined in he Standard General Conditions of the Construction Contract (F. JCDC No. 1910-8, 1983 ed. have the meanings assigned to them in the General Conditions. The term **Bidder" means or who submits a Bid directly to Owner, as distinct from a sub-bidder,-who submits a bid to Bidder. The term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation and recommendation by the E~tgineer as hereinafter provided) makes an award. The term "Bidding Documents" includes tl~e invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). ' .... : ......... ~' · 1.2 Owner:. Wherever the work "OWNER" is used in the specifi~ documents, it shall be understood as referring to the City of Coppell, Tex~ 1.3 Engineer: Wherever the word "ENGINEER" is used in the specif documents, it shall be understood as referring t° the CITY ENGINEI~ representative, City of Coppell, P.O. Box 478, Coppell, Texas 75019. 1.4 Inspector: The authorized representative of the City of Coppell ass inspect any or all parts of the work and the materials to be used therein. Non-Compensated Contract Administrator:. Catellus Development Co~ Freeway, Suite 600, Dallas, Texas 75240-2609. 2.. ~Copies of Bidding Documents. 2.1 Complete sets of the Bidding Documents may be obtained from offices of Albert H. Halff Associates, Inc., 8616 Northwest Plaza Drive, Dall sets of plans and specifications may be examined without charge in the Engineer, City of Coppell, 255 Parkway Boulevard, Coppell, Texas. A de for each set of drawings and specifications as follows: A) Bidders..may purchase sets of Bidding Documents for a refundable. B) After award of the contract, the Successful Bidder will be of Contract Documents. Additional sets over five (5) will be per set, non-refundable. c) Subcontractors and Suppliers may purchase Bidding Docume non-refundable. ~. SECTION 00110 - INSTRUCTIONS TO BIDDERS :ations and contract IS. ications and contract R or his authorized igned to observe and ~oration, 5429 LBJ the Engineer at the as, Texas. Complete ~, offices of the City ~osit will be required ;50.00 per set, non- a'nished five (5) sets furnished for $50.00 ats for $50.00 per set, PAGE 1 2.2 Complete sets of Bidding Documents must be used in preparing Bh Engineer asst,_me any responsibility for errors or misinterpretations resu] incomplete sets of Bidding Documents. 2.3 Owner and Engineer in making copies of Bidding Documents terms do so only for the purpose of obtaining Bids on the Work and do n grant for any other use. 3. Qualifications of Bidders. The Bidder shall submit within five (5) days of the Owner's requesl Owner may require to establish his financial responsibility, experience ar equipment as may be needed to prosecute the work in an expeditious, manner. The required information to be submitted shall consist of, but sh limited to, the following: 3.1 Current Project Experience. A list of all projects presently unde Bidder including approximate cost and completion date shall be submittec 3.2 Past Project Experience. The Bidder shall submit a list of comparal: during the previous five years including approximate cost(s), quantities, an Landscaping shall be installed by a landscape contractor certified by the Landscape Contractors. Irrigation shall be installed by a licensed irrigato~ 3.3 Equipment. The Bidder shall provide a list of equipment which project. The Bidder shall demonstrate that he has adequate equipment to~ properly and expeditiously and shall state what additional equipment, rent/lease as may be required to complete this project. 3.4 Financial. Each Bidder shall be prepared to submit upon request of financial statement with no evidence of threatening losses as evidenced b'. financial statement (current within the last six (6) months of bid date). Thl used to conf'uma that the Bidder has suitable financial status to meet obi performing the work. 3.5 Technical Experience. The Bidder shall demonstrate to the safisfact he has the technical experience to properly complete this project. 3.6 Proof that the Bidder maintains a permanent place of business. 4. Examination of Contract Documents and Site. 4.1 Access to the site shall be from Freeport Parkway and Gateway Bt Bidders shall respect all improvements. It is the responsibility of each Bid a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the si with local conditions that may affect cost, progress, performance or furnis SECTION 00110 - INSTRUCTIONS TO BIDDERS Is; neither Owner nor ting from the use of ailable on the above ~t confer a license or such evidence as the d possession of such safe and satisfactory all not necessarily be ~ construction by the upon request. le projects completed d completion date(s). texas Association of (State of Texas.) will be used on this :omplete this project, if any, that he must he Owner a balanced ~ an audited certified .s information will be igations incidental to ion of the Owner that ,ulevard. Prospective der before submitting :e to become familiar hing of the Work, (c) PAGE 2 consider federal, state and local Laws and Regulations that may affect cost, ~ or furnishing of the Work, (d) study and carefully correlate Bidder's c Contract Documents, and (e) notify Engineer of all conflicts, errors or Contract Documents. Failure to make these examinations shall in no wa from the responsibility of fulfilling all of the terms of the contract, without OWNER. 4.2 Reference is made to the Supplementm3r Conditions for identificati 4.2.1 Those reports of explorations and tests of subsurface conditions at the utilized by Engineer in preparation of the Contract Documents. Bidde] accuracy of the technical data contained in such reports but not upor interpretations or opinions contained therein or for the completeness there¢ 4.3 Information and data reflected in the Contract Documents with re Facilities at or contiguous to the site is based upon information and data ft~ Engineer by Owners of such Underground Facilities or others, and Owner assume responsibility for the accuracy or completeness thereof. 4.4 Provisions concerning responsibilities for the adequacy of data ftr Bidders on subsurface conditions, Underground Facilities and other phy possible changes in the Contract Documents due to differing conditions apg and 4.3 of the General Conditions. 4.5 Before submitting a Bid, each Bidder will, at Bidder's own expense additional examinations, investigations, explorations, tests and studies and information and data which pertain to the physical conditions (surf Underground Facilities) at or contiguous to the site or otherwise which may performance or furnishing of the Work and which Bidder deems necessar~ for performing and furnishing the Work in accordance with the time, price Conditions of the Contract Documents. 4.6 On request in advance, Owner will provide each Bidder access explorations and tests as each Bidder deems necessary for submission of a all holes, clean up and restore the site to its former conditions upon explorations. 4.7 The lands upon which the work is to be performed, rights-of-wa access thereto and other lands designated for use by Contractor in perfr identified in the Contract Documents. 4.8 The.submission of a Bid will constitute an incontrovertible represe Bidder has complied with every requirement of this Article 4, that withow prenfised upon performing and furnishing the Work required by the Contrac~ means, methods, techniques, sequences or procedures of construction as n required by the Contract Documents, and that the Contract Documents are SECTION 00110 - INSTRUCTIONS TO BIDDERS rogress, performance bservations with the discrepancies in the y relieve any Bidder additional cost to the on of: site which have been may rely upon the non-technical data, f for the purposes of ~ect to Underground ~nished to Owner and nd Engineer does not aished to prospective sical conditions, and ear in Paragraphs 4.2 , make or obtain any ~btain any additional ace, subsurface and affect cost, progress, to determine its Bid and other terms and t the site to conduct lid. Bidder shall flil completion of such y and easements for ,rming the Work are ttation by Bidder that :exception the Bid is :Documents and such ray be indicated in or ffficient in scope and PAGE 3 detail to indicate and convey understanding of all terms and conditions furnishing of the Work. Interpretations and Addenda. 5.1 All questions about the meaning or intent of the Contract Documc] to Engineer. Interpretations or clarifications considered necessary by Enl such questions will be issued by Addenda mailed or delivered to all parties as having received the Bidding Documents. Questions received less than date for opening of Bids may not be answered. Only questions answer Addenda will be binding. Oral and other interpretations or clarifications effect. 5.2 Addenda may also be issued to modify the Bidding Documents as Owner or Engineer. 5.3 Each Bidder shall acknowledge on the Bid Proposal, that all addend 6. Bid Security. 6.1 Each Bid must be accompanied by Bid security made payable to O, five percent of the Bidder's maximum Bid price and in the form of a certil a Bid Bond (on form attached, ff a form is prescribed) issued by a requirements of Paragraph 5.1 of the General and Supplemental Condition 6.2 The Bid security of the Successful Bidder will be retained until suck the Agreement and furnished the required contract security, whereupon th{ returned. If the Successful Bidder fails to execute and deliver the Agree: required contract se. curity within fourteen (14) days after the Notice of Awa the Notice of Award and the Bid security of that Bidder will be forfeited. other Bidders whom Owner believes to have a reasonable chance of receivi retained by Owner until the earlier of the seventh day after the Effective D or the forty-sixth day after the Bid opening, where upon Bid security furni: will be returned. Bid security with Bids which are not competitive will be days after the Bid opening. 7. Contract Time. The time for Completion is to be set forth by the Bidder in the Bid in the Agreement. The time will be taken into consideration by Owner dm the Bids, and it will be necessary for the successful Bidder to Satisfy Own to achieve Completion within the time designated in the Bid. The contract five (5) calendar days after the date of the Notice to Proceed. 8. Penalties and Incentive Bonuses Provisions for penalties and incentive bonuses, are set forth in the SECTION 00110 - INSTRUCTIONS TO BIDDERS for performance and tts are to be directed gneer in response to :ecorded by Engineer ~ve days prior to the ,A by formal written Mil be without legal deemed advisable by have been received. ,ncr in an amount of ied or bank check or surety meeting the S. Bidder has executed ~, Bid security will be x~ent and furnish the rd, Owner may annul The Bid security of ng the award may be ate of the Agreement ;hed by such Bidders 'eturned within seven and will be included ing the evaluation of er of Bidder's ability time shall commence Agreement. PAGE 4 9. Substitute or "Or-Equal" Items. The Contract, if awarded, will be on the basis of materials and e~ thc Drawings or specified in the Specifications without consideration of "or-equal" items. Whenever it is indicated in the Drawings or specified in a substitute or "or-equal" items of material or equipment may be furnished, if acceptable to Engineer, application for such acceptance will not be co: until after the Effective Date of the Agreement. The procedure for sulc application by Contractor and consideration by Engineer is set forth in P~ and 6.7.3 of the General Conditions and may be supplemented in the Genel substitutions shall be considered in the Bid process. 10. Subcontractors, Suppliers and Others. 10.1 If the Owner requests the identity of any Subcontractors, Supplier organizations to be submitted to Owner in advance of the specified date Date of the Agreement, the apparent Successful Bidder, and any other Bick within seven days after the request submit to Owner a list of all such Sub~ and other persons and organizations proposed for those portions of the identification is requested. Such list shall be accompanied by an expe pertinent information regarding similar projects and other evidence of quali Subcontractor, Supplier, person or organization if requested by Owner. after due investigation has reasonable objection to any proposed Subcont person or organization, either may, before the Notice of Award is given Successful Bidder to submit an acceptable substitute in which case thc Bidder shall submit an acceptable substitute, that Bidder's Bid price decreased) by the difference in cost occasioned by such substitution and such price adjustment in evaluating Bids and making the contract award. · -- ~ If apparent Successful Bidder declines to make any such substitutic thc contract to thc next lowest Bidder that proposes to usc acceptable Sub~ and other persons and organizations. The declining to make requested constitute grounds for sacrificing thc Bid security of any Bidder. Any other person or organization listed and to whom Owner or Engineer dr objection prior to thc giving of thc Notice of Award will be deemed acc~ Engineer subject to revocation of such acceptance after the Effective Date provided in Paragraph 6.8.2 of thc General Conditions. 10.2 No Contractor shall be required to employ any Subcomractor, SUp organization against whom Contractor has reasonable objection. 11. Bid Form. 11.1 The completed Bid Forms, included with these instructions, must be envelope as described in Item 15 "Submission of Bids". The blank spaces be filled in for each item for which a quantity is given and the Bidder st which he proposes to do each item of work. All blanks on the bid form SECTION 00110 - INSTRUCTIONS TO BIDDERS uipment described in ?ossible substitute or he Specifications that >r used by Contractor ~sidered by Engineer mission of any such tragraphs 6.7.1, 6.7.2 al Requirements. No ~ or other persons or ~rior to the Effective :r so requested, shall ;ontractors, Suppliers York for which such ience statement with fication for each such f Owner or Engineer actor, Supplier, other request the apparent apparent Successful lay' be increased (or Owner may consider n, Owner may award :ontractors, Suppliers mbstitutions will not ~contractor, Supplier, ~s not make written :ptable to Owner and of the Agreement as )lier, other person or submitted in a sealed in the Bid Form shall all state the price for rmst be completed in PAGE 5 ink or by typewriter. Each page of the Bid Form shall be signed in ink by [he person or persons making or authorized to make a bid. Proposal forms are to be left attached to documents in the same manner as received by bidders. ! 11.2 The legal status of the Bidder, that is, as a corporation, partnership, 0r individual, must be stated in the Bid Form. A corporation Bidder must name the state in which the organization is chartered. 11.3 If the bid is made by an individual, his post office address shall be g not signed by the individuals making them shall have attached thereto evidencing authority to sign the bid in the name of the person for whom 11.4 If the bid is made by a firm or partnership, the name and post managing member of the fn'm or partnership shall be given or the bid attorney-in-fact· If signed by an attorney-in-fact, there shall be attached attorney evidencing authority to sign the bid, executed by the members o! 11.5 Bids which are signed for a corporation shah have the correct corpo post office address and the signature of the president or other auth¢ corporation, manually written below the corporate name in the foll( 11.6 The Bidder's bid must include a completed Bid Form. Any bid rex include an amount for each item in the Bid Form may be rejected. 11.7 All names must be typed or printed below the signature. 11.8 The Bid shah contain acknowledgement of receipt of all addenda. must be f'flled in on the Bid Form). 11.9 The address and telephone number for communications regarding 12. Estimates of Quantities. The quantities listed in the Bid Form will be considered as appmxi~ for the comparison of bids. Payments will be made to the Contracto~ quantities of work performed or materials furnished in accordance wit quantity of work performed and the materials required may be increased or ~ for in the Contract Documents. ' 13. Submission of Bids. Sealed Bids shall be addressed to the Purchasing Agent, City of Col be received in the Purchasing Office at the City of Coppell, City Hall, 254. P.O. Box 478, Coppell, Texas 75019. Bids shall be submitted at the tim in the Notice to Bidders and shah be enclosed in an opaque sealed envelol with the Project rifle, the City of Coppell Bid No. indicated in the Notice SECTION 00110 - INSTRUCTIONS TO BIDDERS [ven. Bids which are a power of attorney is signed. ~ce address of the nay be signed by an o the bid a power of the firm or partners. 'ate name thereof, its ,rized officer of thc ,wing manner:. "By eived which does not he numbers of which e bid must be shown. hate and will be used 'only for the actual h the contract. The lecreased as provided ?pell, Texas and shall Parkway Boulevard, and place indicated ~e (enclosed), marked to Bidders, and name PAGE 6 and address of the Bidder and accompanied by the Bid security and other If the Bid is sent through the mail or other delivery system the sealed envek in a separate envelope with the notation "BID ENCLOSED" on the face o: 14. Modification and Withdrawal of Bids. 14.1 Bids may be modified or withdrawn by an appropriate document manner that a Bid must be executed) and delivered to the place where at any time prior to the opening of Bids. required documents. ~pc shall be enclosed it. dy executed (in the are to be submitted 14.2 If, within twenty-four hours after Bids are opened, any Bidder files notice with Owner and promptly thereafter demonstrates to the reasonable that there was a material and substantial mistake in the preparation of its withdraw its Bid and the Bid security will be returned. Thereafter, disqualified from further bidding on the Work to be provided under the £ 15. Rejection of Bids. Bids may be rejected if they show alterations of form, additions not bids, incomplete bids, erasures or irregularities of any kind. Bids containin provides for changes in the stated Bid prices due to increase or decrease in labor or other items required for this project, may be rejected and returned being considered. The Owner reserves the fight to waive any irregularities i: and to reject any and all Bids without qualifcafion(s). More than one Biz fu'm or partnership, corporation or association, under the same or differer considered. Reasonable grounds for believing that a Bidder is interested ir Bid may cause the rejection of all Bids in which said Bidder is interested. are obviously unbalanced may be reject. 16. Opening of Bids. Bids will be publicly opened and read aloud; An abstract of the amc and major alternates (if any) will be made available to Bidders after the c 17. Bids to Remain Subject to Acceptance. All Bids will remain subject to acceptance for forty-five days opening, but Owner may, in its sole discretion, release any Bid and return to that date. 18. Award of Contract. 18.1 Owner reserves the right to reject any and all Bids, to waive any an, to negotiate contract terms with the Successful Bidder, Owner also reserve,, nonconforming, nonresponsive, unbalanced or conditional Bids. Also, Ow duly signed, written atisfaction of Owner lid, that Bidder may hat Bidder will be ,ntract Documents. ailed for, conditional any condition which he costs of materials, o the Bidder without the bids as received from an individual, names, will not be more than one such Bids in which prices unts of the base Bids )ening of Bids. r the day of the Bid he Bid security prior all informalities and the right to reject all ncr reserves the fight to reject the Bid of any Bidder if Owner believes that it would not be in tlae best interest of the Project to make an award to that Bidder, whether because the. Bid is not res ~onsive or the Bidder SECTION 00110- INSTRUCTIONS TO BIDDERS PAGE 7 is unqualified or has doubtful financial ability or fails to meet any other criteria established by Owner. Discrepancies in the multiplication of ur prices will be resolved in favor of the unit prices. Discrepancies betweer any column of figures and the correct sum thereof will be resolved in fay This Contract and all obligations hereunder may be assigned, witho~ Owner. Upon such assignment, the City of Coppell shall be forever rele; obligation under this Contact and the Contractor shall look solely to the ne all obligations then remaining under the Contract. Assignment shall not be made unless and until the new Owner has d to assume the financial obligations of the City of Coppell under this Con~ 18.2 In evaluating Bids, Owner will consider the qualifications of the Bi the Bids comply with the prescribed requirements, and such alternates, t~ time, and other data, as may be requested in the Bid Form or prior to the 18.3 Owner may consider the qualifications and experience of any Sub~ or other persons or organizations proposed for those portions of the Work a of Subcontractors, Suppliers, and other persons and organizations must be by the Owner. Owner also may consider the operating costs, maint performance data and guarantees of major items of materials and equ incorporation in the Work when such data is required to be submitted Award. 18.4 Owner may conduct such investigations as Owner deems neces evaluation of any Bid and to establish the responsibility, qualifications an{ Bidders, proposed Subcontractors, Suppliers and other persons and organiz furnish the Work in accordance with the Contract Documents to Owner's prescribed time. 18.5 If contract is to be awarded, it will be awarded to the lowest and whose evaluation by Owner indicates to Owner that the award will be in ~ Project. 18.6 If the contract is to be awarded, Owner will give the Successful Bide within forty-five days after the date of the Bid opening. 19. Contract Security. Paragraph 5.1 of the General Conditions and the Supplementary Owners's requirements as to Performance and Payment Bonds. When delivers the executed Agreement to Owner, it must be accompanied by the and Payment Bonds, each in the full amount of the contract price, namin as obligee. SECTION 130110- INSTRUCTIONS TO BIDDERS pertinent standard or its of Work and unit the indicated sum of ~r of the correct sum. It recourse, to another tsed from any further .w Owner for any and ~monstrated its ability ract. .dders, whether or not fit prices, completion Notice of Award. :ontractors, Suppliers, ~ to which the identity ubmitted as requested ;nance requirements, ipment proposed for .rior to the Notice of sary to assist in the financial stability of tfions to perform and .atisfacfion within the best qualified Bidder e best interests of the [er a Notice of Award Conditions set forth he Successful Bidder required Performance the City of Coppell PAGE 8 A Maintenance Bond or Bonds acceptable to the City of Coppell In the amount of one hundred (100) percent of the total contract price will be provided to the City of Coppell by the Contractor and shall remain in effect until one (1) year after the date of c of all Bonds shall be included in the contract sum. 20. Execution of Agr~ment. When Owner gives Notice of Award to the Successful Bidder, it wi the five (5) copies of unsigned counter parts of the Agreement with all o Documents Attached. Within fourteen (14) days thereafter the Successful and furnish to the Owner five (5) original signed contracts, the required B of Insurance. If, within fourteen (14) days after Notice of Award of Successful Bidder by the Owner the Successful Bidder has not provided the executed contract documents, the Owner may, at its sole discretion, de, contract null and void and upon such declaration, such award shall be m contract may be awarded to the next lowest responsible bidder. The Performance Bond, Payment Bond and Maintenance Bond are guarantee of the faithful performance of the work, for the protection of th and materials, and maintenance of work for one (1) year after acceptance The Certificate of Insurance is to be furnished as a guarantee .~liat by insurance as required by the Contract Documents. 21. Affidavit of Bills Paid. The Contractor shall submit a fully executed Waiver of Lien - Parti~ request and prior to final acceptance of this project by the Owner, the Col an affidavit that all bills for labor, materials, and incidentals incurred in th~ have been paid in full, and that there are no claims pending. 22. Notice to Proceed. Upon execution of Bonds and Contract, the Owner will issue a wril~ to the Contractor requesting that he proceed with the construction. commence work within five (5) days after the date of Notice to Proceed. 23. Construction Schedule. Prior to Award of Contract, the Contractor shall submit a & Construction Schedule Chart demonstrating to the Owner the capability complete the work within the bid contract time. The contractor shall have and equipment resources to meet the construction schedule. SECTION 00110 - INSTRUCTIONS TO BIDDERS r>mpletion. The cost ,1 be accompanied by [her written Contract Bidder shall execute onds, and Certificate the contract to the he five (5) copies of :lare the award of the fll and void, and the to be furnished as a claimants for labor by the Owner. ac Bidder is covered 1, with each payment ltractor shall cxecute project construction :n Notice to Proceed .'he Contractor shall :tailed Progress and of the Contractor to sufficient manpower PAGE 9 24~ Silence of Specification. The apparent silence of these specifications or the North Centt Governments Standard Specifications for Public Work Construction as t¢ apparent omission from it of a detailed description' concerning any point, meaning that only the best commercial practices are to prevail. All in~ specifications shall be made on the basis of this statement by Owne~ representative. 25. Change Orders. No oral statement of any person shall modify or otherwise change conditions or specifications stated in the resulting contract. All change orde be made in writing by the Owner, using the form contained in Appendix 26. Assignment. The Successful Bidder shall not sell, assign, transfer or convey thi,, in part, without the prior written consent of Owner. 27. Patents - Copyrights. The Successful Bidder agrees to protect Owner from claims invol, patents and/or copyrights. 28. Retainage. Provisions concerning retainage and Contractors' rights to deposi' retainage are set forth in the Agreement. 29. Venue. This agreement will be governed and construed according to the Texas. This agreement is performable in Dallas County, Texas. 30. Lump Sum Items. The contractor shall submit a breakdown of the quantifies and unil any major lump sum item (greater than $10,000). These unit prices may to increase or decrease any quantity within the lump sum item. 31. Permit Fees and Bonds The contractor shall be responsible for the payment of all Pc] associated with this project. The cost of all fees and bonds shall be incluck SECTION 00110 - INSTRUCTIONS TO BIDDERS al Texas Council of any detail or to the shall be regarded as erpretafions of these or their authorized , or affect the terms, rs to the contract will contract, in whole or ,ing infringements of securities in lieu of laws of the State of prices that comprise ~e used by the owner mit Fees and Bonds d in the contract sum. PAGE 10 32: Bid Compliance. Bid must comply with all Federal, State, County and Local Laws, Co or work any illegal alien. 33. Taxes, Permits and Licenses. The Contractor shall obtain and pay for all licenses, permits, and ins the work. The Contractor shall pay all appropriate sales taxes, excluding rr retained by the City of Coppell, franchise taxes, income taxes, gross rece business or occupation taxes imposed upon the Contractor. 34. State Sales Tax. The Owner qualifies for exemption from State and Local Sales and to the provisions of the Texas Tax Code (Title 2, Chapter 141, Subse¢ Important Notice to Contractors provided herein. o0o SECTION 00110 - INSTRUCTIONS TO BIDDERS atractor shall not hire ~ecfions required for tterials permanently ipts taxes, and other Use Taxes pursuant fion 151.309). See PAGE 11 DIVISION 0 - BIDDING AND CONTRACT DOCUMENTS SECTION 00140 - BID FORM PROJECT IDENTIFICATION: Landscape and Irrigation Improvements, along Freeport Parkway ant Gateway Business Park-Phase IIC in the City of CoppeR, Texas. BID OF DATE (NAME OF FIRM) CITY OF COPPELL IDENTIFICATION NUMBER: THIS BID IS SUBMITTED TO: City of Coppell (hereinafter cl c/o Purchasing Agent 255 Parkway Boulevard, P.O. Coppell, Texas 75019 1. The undersigned BIDDER proposes and agrees, if this Bid is acce agreement with OWNER in the form included in the Contract Documents t, all Work as specified or indicated in the Contract Documents for the Conl the Contract Time indicated in this Bid and in accordance with the other of the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Invitation t¢ to Bidders, including without limitation those dealing with the disposition, Bid will remain subject to acceptance for forty-five days after the day of Bi. will sign and submit the Agreement with the Bonds and other documents re~ Requirements within fourteen (14) days after the date of OWNER's Not 3. In submitting this Bid, BIDDER represents, as more fully set forth it (a) BIDDER has examined copies of all the Bidding Documen~ Addenda (receipt of all which is hereby acknowledged): NO.: DATE: RECEIVED: (b) BIDDER has familiarized itself with the nature and e: Documents, Work, site, locality, and all local conditions and Laws and R, manner may affect cost, progress, performance or furnishing of the Work. SECTION 00140 - BID FORM Gateway Boulevard, lied OWNER) Box 478 pted, to enter into an perform and furnish raet Price and within :erms and conditions Bid and Instructions ff Bid security. This t opening. BIDDER luired~by the Bidding .ce of Award. the Agreement, that: and of the following ent of the Contract :gulafions that in any PAGE 1 (c) BIDDER has studied carefully all reports and drawings of: and drawings of physical conditions which are identified in the Supplern provided in paragraph 4.2 of the General Conditions, and accepts the dete~ paragraph SC-4.2 of the Supplementary Conditions of the extent of the tec in such reports and drawings upon which BIDDER is entitled to rely. (d) BIDDER has obtained and carefully studied (or assum obtaining and carefully studying) all such examinations, investigations, e: studies (in addition to or to supplement those referred to in (c) (above) subsurface or physical conditions at the site or otherwise may affecl performance or furnishing of the Work as BIDDER considers necessary f¢ furnishing of the Work at the Contract Price, within the Contract Time an the other terms and conditions of the Contract Documents, including speci of paragraph 4.2 of the General Conditions; and no additional exarnin, explorations, testS, reports 0rsimilar information or data are or will be req[ such purposes. (e) BIDDER has reviewed and checked all information and da on the Contract Documents with respect to existing Underground Facilifi~ the site and assumes responsibility for the accurate location of said Under~ additional examinations, investigations, explorations, tests, reports or simih in respect of said Underground Facilities are or will be required by BIDDE and furnish the Work at the Contract Price, within the Contract Time and it other terms and conditions of the Contract Documents, including specific~ paragraph 4.3 of the General Conditions. (f) BIDDER has correlated the results of ail such observ~ investigations, explorations, tests, reports and studies with the terms Contract Documents. -- (g) BIDDER has given ENGINEER written notice of all discrepancies that it has discovered in the Contract Documents and the writ by ENGINEER is acceptable to BIDDER. (h) This Bid is genuine and not made in the interest of or on beh~ person, fh'm or corporation and is not submitted in conformity with any any group, association, organization or corporation; BIDDER has not induced or solicited any other Bidder to submit a false or sham Bid; or induced any person, fh-m or corporation to refrain from bidding; and BII by collusion to obtain for itself any advantage over any other Bidder or (i) It is understood and agreed that the following quantities of w prices are approximate only, and are intended principally to serve as a gui, (j) It is understood and agreed that the quantities of work to and materials to be furnished may be increased or diminished as may be in the opinion of the OWNER or ENGINEER to complete the work SECTION 00140- BID FORM :ubsurface conditions ,ntary Conditions as Tnination set forth in ~nical data contained ~s responsibility for tplorafions, tests and which pertain to the the cost, progress, ,r the performance or :l in accordance with ~ically the provisions tions, investigations, ired by BIDDER for a shown or indicated s at or contiguous to round Facilities. No r information or data R in order to perform t accordance with the dly the provisions of fions, examinations, ~d conditions of the conflicts, errors or :en resolution thereof flf of any undisclosed ,greement or rules of tirecfly or indirectly ~ER has not solicited }DER has not sought ~er OWNER. ork to be done at unit te in evaluating bids. ,e done at unit prices considered necessary Fully as planned and PAGE 2 contemplated, and that all quantities of work, whether increased or decreasex at the unit prices set forth below, except as provided for in the Contract 12 4. It is understood and agreed that the Bid Security accompanying' returned to the BIDDER, unless in case of the acceptance of the proposal tt to execute a contract and file a Performance Bond, a Payment Bond, a M a Certificate of Insurance within fourteen (14) days after its acceptance, i~ Security shall become the property of the OWNER and shall be consid damages caused by delay and other inconveniences suffered by the OWb failure of the BIDDER. 5. It is understood and agreed that all work under this contract will be bid working days. Completion date will be established in the Notice to P 6. BIDDER will complete the Work for the following price(s): SECTION 00140 - BID FORM 1, are to be performed ,ocuments. iris proposal will be e BIDDER shall fail fintenance Bond and t which case the Bid ered as payment for [ER because of such completed within the :oceed. PAGE 3 GATEWAY BUSINESS PARK - PHASE HC LANDSCAPE - BASE BID UNIT PRICE SCHEDULE PART I ~.::~:~ ~::.:-: ! ~.....~..~ ~...~.......:.:+ ~.:.~. ,~.:.:..~. L-1 131 ~ch Supply ~d ~1 8' Crape My~e, complete ~ place - doll~ ~d~ ~nm ~r ~c~ L-2 17 ~ch Supply ~d ~s~l 10' Yaupon Ho~y, comple~ ~ pla~ doll.s ~d~ cenm ~r ~c~ L-3 119 ~ch Su~ly ~d ~s~ 2" ~i~r ~ Elm, ~mplete ~ place doll.s ~d~ ~n~ ~r ~c~ L~ 120 ~ch Su~ly ~d ~s~l 2" ~i~r Live O~, ~le~ ~ place doll.s ~d ~ ~n~ ~r ~c~ L-5 22 ~ch Supply ~d ~s~l 2" ~i~r Bradford Pe~, comple~ ~ pla~ doll.s ~d ~n~ ~r ~c~ L-6 49 ~ch Supply ~d ~s~l 2" ~i~r A~ P~e, comple~ ~ pla~ doll.s ~d ~ ~n~ ~ ~c~ L-7 3~ ~ch Supply ~d ~s~l 5 g~lon Dw~ B~ord Holly, comple~ ~ pla~ doll.s ~d ~ cen~ ~r L-8 52 ~ch Su~ly ~d ~smll 5 g~lon Red Tip Pho~, ~lete ~ place doll.s ~d ~ cen~ ~r ~c~ L-9 2~ ~ch Supply ~d ~1 5 g~lon ~ C~ese Holly, complete '~ pla~ doll.s ~d ~ ~n~ ~r L-10 78 ~ch Supply ~d ~1 5 g~lon ~ese J~r, complete ~ pla~ doll~ ~d ~ cen~ ~r ~ L-11 2,736 ~ch Supply ~d ~s~l 4" ~ of Asi~ Jasmine, ~mplete ~ place doll.s ~d ~ ~n~ ~r eac~ Signed SECTION 00140 - BID FORM PAGE 4 L-12 675 Each SUpply and install 4" pots of seasonal color,complete in place dollars and~ cents per each. L-13 844 L.F. Install metal edging, complete in place $ $. dollars and~ cents per linear foot. L-14 508,255 S.F. Install Con-anon Bermuda Hydromulch, $. $. complete in place dollars and~ cents per square foot. L-15 1 L.S. Adjust all existing utility appurtenances to $. $. match final grade (valve boxes, pull boxes, fire hydrants, manhole tops, etc.), complete in place dollars , and~ cents per lump sum. ~ TOTAL LANDSCAPE BASE BID COST (Items L-1 through L-15) Signed SECTION 00140 - BID FORM PAGE 5 GATEWAY BUSINESS PARK - PHASE IIC IRRIGATION - BASE BID UNIT PRICE SCHEDULE PART II I-1 996 Each For furnishing Toro 570 Z fLxed spray $. $. sprinklers with MPR Plus nozzles, __ complete in place dollars and ~, cents per each. I-2 166 Each For furnishing Hunter 1-25 pop-up rotor $. head, complete in place dollars and __ cents per each. 1-3 79 Each For furnishing Rainbird R-70 pop-up $. ~ $. rotor bead, complete in place dollars and __ cents per each. 1-4 6,790 L.F. For furnishing 1/2" Class 315 SDR-21 $. PVC pipe, complete in place dollars and __ cents per linear foot. I-5 1,730 L.F. For furnishing 3/4" Class 200 SDR-21 . $ PVC pipe, complete in place dollars and __ cents per linear foot. I-6 6,080 L.F. For furnishing 1" Class 200 SDR-21 $ PVC pipe, complete in place dollars and __ cents per linear foot. I-7 4,910 L.F. For furnishing 1-1/4" Class 200 SDR-21 $ PVC pipe, complete in place dollars and __ cents per linear foot. I-8 1,550 L.F. For furnishing 1-1/2" Class 200 SDR-21 $ $ PVC pipe, complete in place dollars and ~ cents per linear foot. I-9 995 L.F. For furnishing 2, Class 200 SDR-21 $. PVC pipe, complete in place dollars and ~ cents per linear foot. 1-10 3,160 L.F. For furnishing 2-1/2" Class 200 SDR-21 $ PVC pipe, complete in place dollars and ~ cents per linear foot. 1-11 6,920 L.F. For furnishing y' Class 200 SDR-21 $. PVC pipe, complete in place dollars and ~ cents per linear foot. Signed SECTION 00140 - BID FORM PAGE 6 1-12 28 Each For furnishing Hardie 1" Ultraflow $. $. electric remote control valve, complete in place dollars and cents per each. 1-13 43 Each For furnishing Hardie 1-1~2" Ultraflow $. $ electric remote control valve, complete in place dollars and __ cents per each. 1-14 23 Each For furnishing Hardie 2" Ultraflow $.__ $ electric remote control valve, complete in place dollars and cents per each. 1-15 6 Each For furnishing 2" manual brass gate $. $. valves, complete in place dollars and __ cents per each. 1-16 64 Each For furnishing Rainbird 44 RC quick $ $. coupling valves, complete in place dollars and __ cents per each. 1-17 2 Each For furnishing Irritrol MC-12 Plus-B $ $_ conlroller with Irritrol P-2B Pedestal, complete in place dollars and __ cents per each. 1-18 2 Each For furnishing Irritrol MC-18 Plus-B $. $. controller with Irritrol P-2B Pedestal, complete in place dollars and __ cents per each. 1-19 2 Each For furnishing Irritrol MC-24 Plus-B $. $. controller with Irritrol P-2B Pedestal, complete in place dollars and __ cents per each. 1-20 6 Each For providing and having 2" water meter $ $ installed as shown on plans, complete in place dollars and cents per each. Signed SECTION 00140 - BID FORM PAGE 7 1-21 6 Each Install 2" double check valve assembly, Febco 805Y, complete in place dollars and cen~ per eaclx 1-22 1 L.S. Install 120 v electrical service connections to irrigation controllers, complete in place dollars and ~. cents per lump sum. 1-23 30 L.F. Dry bore under pavement, install 2-1f2" SCH.40 PVC conduit, complete in place · dollars and - cents per linearfoot. 1-24 50 L.F. Dry bore under pavement, install 3" SCH.40 PVC conduit, complete in place dollars and __ cents per linearfoot. 1-25 70 L.F. Dry bore under pavement, install 4" SCH.40 PVC conduit, complete in place dollars and __ cents per linearfoot. 1-26 85 L.F. Dry bore under pavement, install 6" SCH.d0 PVC conduit, complete in place dollars and __ cents per ' linearfoot. TOTAL IRRIGATION BASE BID COST (Items I-1 through 1-26) $ Signed SECTION 00140 - BID FORM PAGE 8 GATEWAY BUSINESS PARK - PHASE IIC PAVING - BASE BID UNIT PRICE SCHEDULE PART III P-2 P-3 P-4 P-5 P-6 P-7 101 S.Y. 101 28 151 938 1,152 S.V. L.Fo Each S oV. S.F. 3000 psi Compressive Strength Reinforced Concrete Pavement (to Match Existing Pavement Depth), Cornplcte in Place. dollars and cents per square yard. 8" - Cement Stabilized Sand or CTB Subgrade, Complete in Place. dollars and cents per square yard. 6-Inch Integral Concrete Curb, Complete in Place. dollars and cents per linear foot. 2' 6" Radius Solid Concrete Median Nose to Match Existing Curb Height, Complete in Place. dollars and cents per each. Sawcut, Remove, and Offsite Dispose Existing Concrete Pavement from Areas Indicated on the Drawings, Complete in place. dollars and cents per square yard. Install Concrete Median Pavers (2 locations) with concrete base per City of CoppeH standards, Complete in Place. dollars and cents per square foot. Remove Brick Pavers and Concrete Base, Backfill with Topsoil, Complete in Place. dollars and cents per square foot. Signed SECTION 00140 - BID FORM PAGE 9 P-8 1,208 S.F. Remove, Rehabilitate, and Replace Existing $.1 $ Concrete Median Pavers with Filter Fabric, Complete in Place. dollars and cents per square foot. P-9 264 S.F. Remove and Replace Existing Concrete .. $ Crosswalk Pavers, Complete in Place. dollars and cents per square foot. P-10 1,720 S_g. 'Sand Existing Concrete Crosswalk Pavers, $.. $. Complete in Place. dollars and cents per square foot. P-11 4 Each Reset Conduit Pull'Boxes, Complete in $ ~ $.~ Place. dollars and cents per each. P-12 8 Each Install New Storm Sewer Covers, Complete $_ $. in Place. dollars and cents per each. P-13 64 Each Cutoff Below Grade, Recap, and Mark $_ $. Existing Conduit Stubouts (All Sizes), Complete in place. · · dollars and cents per each. P-14 120 L.F. Grind Existing Concrete Gutter, Complete in $_ $. Place. · dollars and ................... cenm per linear foot. P-I$ 1~70 L.F, imtall 2" Scheduie 40 PVC Conduit, Including Em~nt) Complete in Place, · dollars and cents per linear foot. P-16 4,200 L.F. Install 6" Schedule 40 PVC Conduit, $ Including Embexlment, Complete in Place. dollars and cents per linear foot. Signed SECTION 00140 - BID FORM TOTAL PAVING BASE BID COST (Items P-1 through P-16) PAGE 10 GATEWAY BUSINESS PARK - PHASE IIC CONCRETE SIGNS - BASE BID UNIT PRICE SCHEDULE PART IV' !:~:i:'. !~!~ :~ ::~:~ :':':" CS-1 I L.S. Im~l conc~te si~ Ty~ A ~ ~s~ia~d $__ $ ~n ~ Co~le~ ~ Place. doll.s ~d ce~ ~r l~p s~. C5-2 1 L.S, Im~l concm~ si~ Ty~ B ~ ~iat~ $~ $ , ~n ~ Complete ~ Pla~. ~ doH~s ~ ce~ ~r l~p s~ CS-3 2 L.S. Im~l ~nc~ si~ T~ C and ~sociat~ $__ ~ ~n ~ Cow~le~ ~ P~. doll.s ~d ce~ ~ l~p s~ CS~ 1 L.S. Im~l conc~ P~k I.D. M~ker, ~mplem $~ $ ~ Pla~. doll.s ~d ce~ ~r ~ TOTAL CONCRETE SIGNS BASE BID COST (Items CS-1 through CS-4) Signed SECTION 00140 - BID FORM PAGE 11 GATEWAY BUSINESS PARK - PHASE IIC LANDSCAPE ALTERNATE 1 - ADDITIVE BID UNIT PRICE SCHEDULE PART V AL-4, Deduct AL-5 Deduct Signed 121 Each 121 Each 131 Each 131 Each 22 Each 22 Each 49 Each 49 Each SECTION 00140 - BID FORM dollars and cents per each. dollars and cents per each. Supply and install 4" caliper Live Oak, complete in place dollars and ~ cents per each. Supply and install 2" caliper Live Oak, complete in place dollars and ~ cents per each. Supply and install 4" caliper Pear, complete in place dollars and__ cents per each. -Supply and install 2" caliper Bradford Pear, complete in place dollars and ~ cents per each. Supply and install 4" caliper Austrian Pine, complete in place dollars and~ cents per each. Supply and install 2" Austrian Pine, complete in place dollars and__ cents per each. TOTAL ADDITIVE BID ITEMS (AL-3 through AL-6) $ PAGE 12 LANDSCAPE ALTERNATE LANDSCAPING AT IH-635 UNIT PRICE SCHEDULE PART VI L=2A 1 L'S' Install berm' trees' grass and irdgati°n' $- i Sand__c°mplete in plaCecents per lump sum.d°llars TOTAL LANDSCAPE ALTERNATE 2 (L-2A) LANDSCAPE ALTERNATE 3 PARKWAY BERMS ALONG FREEPORT PARKWAY (using on-site material) UNIT PRICE SCHEDULE PART VII L. So Construct berms along Freeport Parkway, using on-site stockpiled earth, and adjust all existing utility appurtenances to match fmal grade (valve boxes, pull boxes, fire hydrants, manhole tops, etc.), complete in place dollars and~ cents per lump sum. TOTAL LANDSCAPE ALTERNATE 3 (L-3A) LANDSCAPE ALTERNATE 4 PARKWAY BERMS ALONG FREEPORT PARKWAY (using imported material) UNIT PRICE SCHED~ULE PART VIII L.So Construct berms along Freeport Parkway, using imported earth, and adjust all existing utility appurtenances to match final grade (valve boxes, pull boxes, fire hydrants, manhole tops, etc.), complete in place dollars, and cents per lump sum. TOTAL LANDSCAPE ALTERNATE 4 (L-4A) Signed SECTION 00140 - BID FORM PAGE 13 LANDSCAPE ALTERNATE $ BORING AND CONDUIT INSTALLATION. GATEWAY BOULEVARD UNIT PRICE SCHEDULE PART IX TOTAL LANDSCAPE ALTERNATE 5 (L-5A) $ LANDSCAPE ALTERNATE 6 BORING AND CONDUIT INSTALLATION - FREEPORT PAR ~WAY UNIT PRICE SCHEDULE PART X ..................................................................... ~ ~i&ili~.ii ~ ......... l~i~.."~i~!l L-6A 408* L.F. Dry bore under existing Freeport Parkway $ $ I pavement, install 6" Sch. 40 PVC conduit, I in lieu of existing 4" irrigation conduits, complete in place dollars and cents per linear foot. * No adjusunent to unitprice will be allowed on unit cost based on increase or dear of this quantity. I I TOTAL LANDSCAPE ALTERNATE 6 (L-6A) Signed SECTION 00140 - BID FORM PAGE 14 LANDSCAPE ALTERNATE 7 BORING AND CONDUIT INSTALLATION. FREEPORT PAR KWAY UNIT PRICE SCHEDULE PART XI L-7A L.F. Dry bore under existing Freeport Parkway $. $ pavement, install 2" Sch. 40 PVC conduit for electric service (by others) to signs, complete in place dollars ~d cents per linear foot. * No adjustment to unit price will be allowed on unit cost based on increase or decr so of this quantity. TOTAL LANDSCAPE ALTERNATE 7 (L-7A) $, LANDSCAPE ALTERNATE 8 BORING AND CONDUIT INSTALLATION . GATEWAY BOULEVARD UNIT PRICE SCHEDULE PART XII ::~!.~i.~: ~-"~.~t~!~i~.i :""*~:'*~"" ': ' ~'': ~:~;~~:~: ~:~:~ ~:~fl~ ~'~:~ :~:~:~:::~:::: ...... .:.:.:~:~:~:,~:~,~:~:.~:.:.:.:e.~: :~:::.:::...~:::.: paveme~ ~ 2" Sch. ~ PVC conduit . for cl~c sc~i~ ~y o~rs) to si~, ~le~ ~ p~ dollgs ~d ~n~ ~r 1~ f~t. * No adjus~em ~ ~t pfi~ w~ be ~low~ on ~t cost ~ on ~r~ or d~r of ~s q~fity. I I TOTAL LANDSCAPE ALTERNATE 8 (L-8A) Signed SECTION 00140 - BID FORM PAGE 15 BID SUMMARY: PART II III IV V VI VII VIII X IX X LANDSCAPE - BASE BID (Items L- 1 thrtl L-15) $ IRRIGATION - BASE BID (Items I-1 thru 1-26) PAVING - BASE BID (Items P-1 thru P-16) $, CONCRETE SIGNS - BASE BID (Items CS-1 thru CS-g) -$. LANDSCAPE ALTERNATE 1 ~ ADDITIVE BID (Items AL-3 thru AL-6) LANDSCAPE ALTERNATE 2 (Item L-2A) LANDSCAPE ALTERNATE 3 (Item L-3A) LANDSCAPE ALTERNATE 4 (Item L-4A) LANDSCAPE ALTERNATE 5 (Item L-5A) LANDSCAPE ALTERNATE 6 (Item L-6A) LANDSCAPE ALTERNATE 7 (Item L-7A) LANDSCAPE ALTERNATE 8 (Item L-8A) TOTAL BASE BID $. TOTAL ALTERNATIVES BASE BID Quantifies are not guaranteed. Final payment will be based on quantifies dete methods described for each work item. Lump sum items greater than $10,000 must itemized breakdown of costs. 1. BIDDER agrees that all Work will be complete within working day,~ Contract Time commences to run as provided in paragraph 2.3 of the General BIDDER accepts the provisions of the Agreement as to liquidated damages complete the Work on time. 2. Communications concerning this Bid shall be addressed to: , The address of BIDDER indicated below. 3. The terms used in this Bid which are defined in the General Conditions of included as part of the Contract Documents have the meanings assigned Conditions. SUBMITTED on ,19 SIGNED SECTION 00140 - BID FORM ALT. BID $ $ $ $ $, $, · nined by measurement be accompanied by an after the date when/he Conditions. ~ the event of failure to Construction Contract them in the General PAGEt -16 If BIDDER is: An Individual By. (Individual's Name) doing business as Business address: Phone No.: A Partnership By (Firm Name) (general partner) Business address: Phone No.: A Corporation By (Corporation name) By (state of incorporation) (name of person authorized to sign) (Title) (Corporate Seal) Attest (Secretary) Business address: Phone No.: SECTION 00140 - BID FORM PAGE 17 A Joint Venture By. By (Each joint venturer must sign. (Name) (Address) (Name) (Address) The manner of signing for each individ aal, partnership and corporation that is a part to the joint venture should be in the manner indJ o0o SECTION 00140 - BID FORM cated above). PAGE 18 Name of Firm: Type of Firm: Corporation Address: CONTRACTOR INFORMATION Sole Proprietorship Other Phone Number: Names and Titles of Principals" I.R.S. Number: SECTION 00140 - BID FORM PAGE 19 BID AFFIDAVIT- The undersigned certifies that thc bid prices contained in this bid have bee and are submitted as eon'eot and final. Bidder further certifies and agrees all commodities upon which prices are extended at the price offered, and contained in the Specifications of the Invitation to Bid. The period of acce~ be calendar days from the date of the bid opening. STATE OF · ' COUNTY OF BEFORE ME, the undersigned authority, a Notary Public in and for the on this day.personally appeared duly sworn, did depose and say: (name) am a duly authorized (name of fa'm) authorized to execute the foregoing on behalf of the said (name of finn). I hereby certify that the foregoing bid has not been prepared in collusion v or individual(s) engaged in the same line of business prior to the official Further, I certify that the Bidder is not now, nor has been for the past six or indirectly concerned in any pool, agreement or combination thereof, to services/commodities bid on, or to influence any individual(s) to bid or no Name and Address of Bidder: Telephone: ( ) By: Title: Signature: SUBSCRIBED AND SWORN to before me by the above named on this the day of , 199__. Notary Public in and for the S SECTION 00140 - BID FORM n carefully reviewed :o furnish any and/or upon the conditions tance of this bid will Rate of , vho after being by me officer/agent for__ and have been duly ith any other Bidder opening of this bid. (6) months, directly control the price of to bid thereon." :ate of PAGE 20 (pfin0 EXPERIENCE RECORD List of similar projects your organization is now engaged in completing. and telephone number of oWner, when completed and total cost. List of surety bonds in force on above uncompleted work. $ $ $ $ $ Li List of similar projects your organization has successfully completed. List telephone number of owner, when completed and total cost. SECTION 00140 - BID FORM st name and address, tme and address, and PAGE 21 DATA SHEET SUBMITTAL INFORMATION List of equipment owned by bidder that is in serviceable condition and ava 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 lable for use on this contract, including PAGE 22 NOTICE THE FOLLOWING BLANK SPACES IN THE CONTRACT AND BO BE FILLED IN BY THE BIDDER AT THE TIME OF SUBMITTINC THE CONTRACT AND BOND FORMS ARE SUBMITTED AT FAMILIARIZE THE BIDDER WITH THE FORM OF CONTRA WHICH THE SUCCESSFUL BIDDER WILL BE REQUIRED TO E', SECTION 00140 - BID FORM ~IDS ARE NOT TO HIS PROPOSAL. THIS TIME TO ur AND BONDS ~ECUTE. PAGE 23 EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AOR~gMENT is dated as of the day of and between the City of Coppell (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract E generally described as follows: LANDSCAPE AND IRRIGATION IMPROVEMENTS The Project for which the Work under the Conlxact Documents may be the whole or described as follows: GATEWAY BUSINESS PARK - PHASE liB, LOCATED IN THE CITY OF Article 2. ENGINEER. The Project has been designed by: Albert H. Halff Associates, Inc. 8616 Northwest Plaza Drive Dallas, Texas 75225 who is hereinafte~ called F2qGINEF. R and who is to act as OWNER's representati~ responsibilities and have the rights and authority assigned to ENGINEER in the Conu~act with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME. 3.1. The Work will be completed within working days from the date commences to nm as provided in paragraph 2.3 of the General Conditions, and final payment in accordance with paragraph 14.13 of the General Conditions wl from the date when the Conlract Time commences to nm. 3:2. Liquidated Damages. OV~NE~ and CONTRACTOR recogniz~ that lime Agreement and that OWNER will suffer financial loss if the Work is not co~ specified in paragraph 3.1 above, plus any extensions thereof allowed in accord~ General Conditions. They also recognize the delays, expense and difficulties inv( or arbitration proceeding the ac0_~p~l loss suffered by OWNER if the Work is Accordingly, instead of requiring any such proof, OWNER and CONTRACTO] damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Tw .... dollars ($ 2,000.00 ) for each day that expires after the time specified in para until the Work is complete. Article 4. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the Work in acco Documents in current funds in accordance with the unit prices listed in Section Contract Sum shall be the amount of $. .in the year 19._ by brth, agree as follows: xmments. The Work is only a part is generally ~OPPELL, TEXAS ;, assume aH duties and Documents in connection when He Con~act Time cumple~l and ready for Mn working days of thc cs~enc~ of ~ nple~! within the times ice with Article 12 of the ~lved in proving in a legal not-completed on time. t agree that as liquidated o Thousand and No/100-- graph 3.1 for Completion :dance with the Contract 00140 - Bid Form. The 1 Article $. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 o Applications for Payment will be processed by ENGINEER as provided in the General 5.1. Progress Payments. OWNER shall make progress payments on account el basis of CONTRACTOR's Applications for Payment as recommended by ENG w day of each month during consUuction as provided below. All progress pay~ of the progress of the Work measured by the schedule of values established in Conditions (and in the case of Unit Price Work based on the number of units there is no schedule of values, as provided in ~he General Requirements. 5.1.1. Prior to Completion, progress payments will be made in an amou indicated below, but, in each case, less the aggregate of payments previ amounts as ENGINEER shall determine, or OWNER may withhold, in l 14.7 of the General Conditions. 90 _% of Work completed. 90 % of materials and equipment not incorporated in the We stored and accompanied by documentation satisfactory to OWNER as p of the General Conditions). 5.2. Final Payment. Upon final completion and acceptance of the Work in a~ 14.13 of the General Conditions, OWNER shall pay the remainder of the Conm by ENGINEER as provided in said paragraph 14.13. Article 6. INTEREST. No interest shall ever be due on late payments. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the fei 7.1. CONTRACTOR has familiarized itself with the nature and extent of the C¢ site, locality, and all local conditions and Laws and Regulations that in any progress, performance, or furnishing of the Work. 7.2. CONTRACTOR has studied carefully all reports of explorations and tests of drawings of physical conditions which are identified in the Supplementary £ paragraph 4.2 of the General Conditions, and accepts the determination set forth Supplementary Conditions of the extent of the technical data contained in such which CONTRACTOR is entitled to rely. 7.3. CONTRACTOR has obtained and ~ref~y studied (or assumes respot carefully studying) all such examinations, investigations, explorations, tests, repot to or to supplement those referred to in paragraph 7.2 above) which pertain to conditions at or contiguous to the site or otherwise may affect the cost, progress, of the Work as CONTRACI~R considers necessary for the performance or fur Contract Price, within the Contract Time and in accordance with the other tel Contract Documents, including specifically the provisions of paragraph 4.2 of th no additional examinations, investigations, explorations, tests, reports, studies, or: are or will be required by CONTRACTOR for such purposes. the General Conditions. 2onditions. the Contract Price on the [NEER, on or about the _ nents will be on the basis agraph 2.9 of the General tmpleted) or, in the event at equal to the percentage ously made and less such ccordance with paragraph (but delivered, suitably rovided in paragraph 14.2 cordance with paragraph ct Price as recommended Lowing representations: ,ntract Documents, Work, rammer may nffect cost, subsurface conditions and onditions as provided in n paragraph SC-4.2 of the ~ports and drawings upon :ibility for obtaining and ts, and studies (in addition he subsurface or physical ~erformance, or furnishing tishing of the Work at the ms and conditions of the · .. General Conditions; and ;imilar information or data 2 7.4. CONTRACTOR has reviewed and checked all information and data shown or Documents with respect to existing Underground Facilities at or contiguous responsibility for-the accurate location of said Underground Facilities. No investigations, explorations, tests, reports, studies, or similar information or Underground Facilities are or will be required by CONTRACTOR in order to peff~ at the Conmact Price, within the Contract Time and in accordance with the othe~ the Contract Documents, including specifically the provisions of paragraph 4.3 o: 7.5. CONTRACTOR has correhted the results of all such observations, exa~ explorations, tests, reports, and studies with the terms and conditions of the Con 7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, erron has discovered in the Contract Documents and ~he written resolution thereof by to CONTRACTOR. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and C( the Work consist of the following: 8.1. This Agreement (pages 1 to ~ inclusive). 8.2. Exhibits to this Agreement (pages _ to _, inclusive) bearing the following 8.3. Performance, Payment and Maintenance Bonds and Certificate of Insurance. 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 1 to _, inclusive). indicated on the Contract ~o the site and assumes additional examinations, data in respect of said mn and furnish the Work terms and conditions of the General Conditions. ~inations, investigations, ·act Documents. or discrepancies that he ~GINEF~ is acceptable ~FRACTOR concerning eneral rifle. identified as Exhibits A. 8./. Specifications bearing the rifle Construction Specifications and ConWact Docl bents for the Conslrucfion of Landscape and Irrigation Improvements, Gateway Business Park Phase lib Co .~ell, Texas, for the City of Coppell and consisting of Division __ thru Division __ and Appendix _ thru_ as listed in the Table of Contents thereof. - 8.8. Drawings, consisting of a cover sheet and sheets numbered L-1 through P-2, nclusive with each sheet bearing the following general rifle: "Landscape and Irrigation Improvements", Gat :way Business Park, City of Coppell. Texas Phase IIC. 8.9 The following listed and numbered Addenda. 8.10. CONTRACTOR'S Bid (,pages 1 to_, inclusive) marked Division O-Bidding and Contract Documents Section 00140-Bid Form. 8.11. Documentation submitted by CONTRACTOR prior to Notice of Award (~ ages- to __, inclusive) bearing the following general rifle: f the Agreement and are lifying, or supplementing ifions. 8.12. The following which may be delivered or issued after the Effective Date not attached hereto: All Written Amendments and other documents amending, mo the Contract Documents pursuant to paragraphs 3.4 and 3.5 of the General Con~ 8.13. The documents listed in paragraphs 8.2 et seq. above are attached to expressly noted otherwise above). th is Agreement (except as 3 There are no Contract Documents other than those listed above in this Article 8. The Conl be amended, modified, or supplemented as provided in paragraphs 3.4 and 3.5 of the Ge Article 9. MISCELLANEOUS. 9.1. Terms used in this Agreement which are defined in Article 1 of the Genera meanings indicated in the General Conditions. 9~1. No assignment by a party hereto of any rights under or interests in the Cc binding on another party hereto without the written consent of the party sought to but without limitation moneys that may become due and moneys that are due m/ such consent (except to the extent that the effect of this restriction may be lit specifically stated to the contrary in any written consent to an assignment no ~ discharge the assignor from any duty or responsibility under the Contract Docu 9.3. OWNER and CONTRACTOR each binds itserf, its panners, suoc¢ representatives to the other party hereto, its partners, successors, assigns and lega of aH covenants, agreements and obligations contained in the Contract Docume Article 10. OTHER PROVISIONS. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on ract Documents may only ;neral Conditions. Conditions will have the ~tract Documents will be be bound; and specifically y not be assigned without ~ited by law), and unless ssignment will release or llents. ~sors, assigns and legal representatives in respect dplicate. One counterpart ? the Contract Documents heir behalf. This Agreement will be effective on OWNER: CITY OF COPPELL P.O. BOX 409, 255 PARKWAY BLVD. COPPELL, TEXAS 75019 BY: TITLE: ATTEST: Address for giving notices: ff OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement.) CONTRACTOR: BY: TITLE: ATTEST: Address for giving notices: (If Contractor is a Corp to Sign.) 4 oration attach evidence of authority This document has important legal consequences: COgSLll[al. lOil 'Wltll cLll attu~lAc)' is ~ respect to its completion ormodification. STANDARD GENERAl. CONI)ITIONS OF TIq-E CONSTRUCTION CONTRACT Prepared by Engineers' Joint Contract Documents Commitl and Issued and Published Jointly By EFANI£RIF'''AN ! SOCIETY OF I CIVIL OUNOE3~' PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE . A practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS CONSTRUCTION SPECIFICATIONS INSTITUTE This document has been a?.uroved and endorsed by .... i~.. .~ ........ The Associated Gen'eral ~ Co2 America tractors of These General Conditions have been prepared for use with the Owner-Contractor 1910-8-A-I or 1910-8-A-2, 1983 editions). Their provisions are interrelated and a necessitate a change in the others. Comments concerning their usage are contained in on Agreements for Engiriee/:ing Services 'and Contract Documents, No.' i910-9, guidance in the preparation of Supplementary ~'~i~(]iti0hg, 'see Guide to the Prepa mentary Conditions (No. 1910-17, 1983 edition). When bidding is involved, the Instructions to Bidders (No. 1910-12, 1983 edition) may be used. No. 1910-8 (1983 Editio0) ~.greements (No. ange in one may the Commentary 781 'edition..For ation of Supple- Standard Form of 1983 National Society of Professional Engineers 2029 K Street, N.W., Washington, D.C. 20026 American Consulting Engineers Council 1015 15th Street, N.W., Washington, D.C. 20305 American Society of Civil Engineers 345 East 47th Street, New York, NY 10017 ---' Construction specifications Institute 601 Madison St., Alexandria, VA 22314 TABLE OF CONTENTS OF GENERAL CONDITIONS ,, Article Number 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 Title DEFINITIONS ...................................................... PRELIMINARY MATTERS ........................................ CONTRACT DOCUMENTS: INTENT, AMENDING A. ND REUSE .............. .' ................ AVAILABILITY OF LANDS; PHYSICAL CONDITIONS: REFERENCE POINTS .............................................. BONDS AND INSURANCE ..: ..................................... CONTRACTOR'S RESPONSIBILITIES ............................ OTHER WORK ....................... ' .............................. OWNER'S RESPONSIBILITIES ....................... ; ............ ENGINEER'S STATUS DURING CONSTRUCTION .............. CHANGES IN THE WORK ......................................... CHANGE OF CONTRACT PRICE .................................. CHANGE OF CONTRACT TIME ................................... WARRANTY AND GUARANTEE: TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ........................... PAYMENTS TO CONTRACTOR AND COMPLETION ............ SUSPENSION OF WORK AND TERMINATION .................. ARBITRATION ..................................................... MISCELLANEOUS ................................................. Article or Paragraph Nurnber Acceptance of Insurance ............................. 5.13 Access to the Work .................................. 13.2 Addenda--definition of (see definition of Specifications) ........................................ I' Agreement---definition of ................................ I All Risk Insurance ..................................... 5.6 Amendment, Written ............................. I, 3.1.1 Application for Payment~efinition 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 ................................... · .......... 16 Authorized Variation in Work ......................... 9.5 Availability of Lands .................................. 4.1 Award, Notice of--defined .............................. I Before Starting Construction ...................... 2.5-2.7 Bid--.=..de flnit ion of ....................................... ! Bonds and Insurance--in general ........................ 5 Bonds--definition of ..................................... 1 Bonds, Delivery of ............................... 2.1,5.1 'Bonds, Performance and Other .................... 5. I-5.2 Cash Allowances ..................................... 11.8 Change Order--definition or' ............................. I Change Orders--to be executed ...................... 10.4 Changes in the Work ................................... I0 Claims, Waiver of---on Final Payment ............... 14.16 Clarifications and Interpretations ...................... 9.4 Cleaning ............................................. 6.17 Completion ............................................. 14 Completion, Substantial :. ....................... 14.8-14.9 Cont'erence. Preconstruction .......................... 2.8 Conflict, Error. Discrepancy--Contractor to Report ...................................... 2.5, 3..3 Construction Machinery, Equipment, etc .............. 6.4 Continuing Work ..................................... 6.29 Contract Documents--amending and supplementing .................................. 3.4-3.5 Contract Documentsmdefinition of ...................... 1 Contract Documents---Intent ...................... 3.1-3.3 Contract Documents--Reuse of ....................... 3.6 Contract Price, Change Contract Price--definition ............................... 1 Contract Time, Change o{' .............................. 12 Contract Time, Commencement of .................... 2.3 'Contract T[me--definltion of ............................ Contractor---definition of ................................ I Contractor May Stop Work or Terminate ............. 15.5 Contractor's Continuing Obligation .................. 14.15 Contractor's Duty to Report Discrepancy in Documents .................................. 2.5, 3.2 Contractor's Fee--Cost Plus ... 11.4.5.6, 11.5.1, 11.6-11.7 Contractor's Liability Insurance ....................... 5.3 Contractor's Responsibilities--in general ................ 6 INDEX TO GENERAL CONDITIONS Contractor's Warranty of Title ........................ 1-1.3 Contractors--other ...................................... 7 Contractual Liability Insurance ..... i ................. 5.4 Coordinating Contractor---definition ~ ................ 7.-~ Coordination ......................... 7.-~ Copies of Documents .................................. 2.2 Correction or Removal of Defective ¥ fork ........... 13.11 Correction Period, One Year ....................... 13.12 Correction, Removal or Acceptance ,c [' Defective WorkMin general ........................... 13.1 Cost--net decrease ................................. 11.6.2 Cost of Work ......................... : .......... 11.4- I 1.5 Costs, Supplemental ................................ 11.4.5 Day~efinition of ....................................... 1 Defective--definition of ................................. 1 Defective Work, Acceptance of ...................... 13.13 Defective Work, Correction or Remo' tal o~' ..........13.11 Defective Work.&.in general ............. 13.14.7, 14.11 Defective Work. Rejecting ............................. 9.6 Definitions .............................................. 1 Delivery of Bonds ..................................... 2.1 Determination for Unit Prices .................. ' ...... 9.10 Disputes, Decisions by Engineer ................. 9.11-9.12 Documents, Copies of ................................. 2.2 Documents, Record .................................. 6. I9 Documents. Reuse .................................... 3.6 Drawings--definitio.n o[ ................................. 1 Easements .............................. - ................. Effective date of Agreement--definiti ~n o~' ............... I Emergencies ......................................... 6.22 Engineer---definition of .................................. I Engineer's Decisions ............................ 9.10-9.12 Engineer'smNotice Work is Acceptal}le ............. 1~'. 13 Engineer's Recommendation of Payment ...... t4.-?. Engineer's Responsibilities. Limititic ns on .................................. 6.6.9.11.9.13-9.16 Engineer's Status I~uring Construction--in general ...... 9 Equipment, Labor. Materials and .................. 6.3-6.6 Equivalent Materials and Equipment .................. 6.7 Explorations of physical conditions. .................. Fee, Contractor's~Costs Plus ........................ I1.6 Field Order---definition of ............................... 1 Field Ordermissued by Engineer ................ 3.5.1.9..~ Final Application for Payment Final Inspection ..................................... 14. I 1 Final Payment and Acceptance ...................... Ia. 13 Final Payment, Recommendation of .......... 14.1.3-14. General Provisions .............................. 17.3-17.4 General Requirements---definition of .................... 1 General Requirements--principal references to ................. 2.6 4.4.6.4.6.6-6.7, 6.23 Giving Notice ........................................ 17.1 Guarantee of Work--by Contractor ................... 13.1 Indemnification ................................. 6.30-6.32 Inspection, Final .................................... 14.11 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 Contract 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~efinition 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, 9.11, 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-prime contracts ................................... 7 Notice, Giving of ..................................... 17.1 Notice of Acceptability of Project ................... 14.13 Notice of Award--definition of .......................... I Notice to Proceed--definition of ......................... 1 Notice to Proceed--giving of .......................... 2.3 "Or-Equal" Items ..... : ............................... 6.7 Other contractors ....................................... 7 Other work .............................................. 7 Overtime Work--prohibition of ........................ 6.3 Owner--definition of .................................... 1 Owner May Correct Defective Work ................. 13.14 Owner May Stop Work ................................ 13.10 Owner May Suspend Work, Terminate .......... I~5.1-15.4 Owner's Duty 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 ......................... 1 Partial Utilization~Property Insurance ............... 5.15 Patent Fees and Royalties ............................ 6.12 Payments, Recommendation of ........... 14.4-14.7, 14.13 'Payments to Contractor--in general .................... 14 ~ 'J" ' "'.""' ' ' "' "' ' " " : · Payments to Contractor--when due ........... 14.4, 14.13 P~4t~nts to Contractor--withholding ................ 14.7 Performance and other Bonds ..................... 5.1-5.2 Pen'nits ............................................... 6.13 Physical Conditions ................................... 4.2 Physical Conditions--Engineer's revie Physical Conditions--existing structur Physical Conditions--explorations an( Physical Conditions--possible docum~ Physical Conditions--price and time a Physical Conditions--report of diffefi~ Physical Conditions--Underground F~ w ............. 4.2.~ ~'s ............. 4.2.2 reports ....... 4.2.1 nt change ..... 4.2.5 tjustments .... 4.2.5 g ............. 4.2.3 .cilities .......... 4.3 Preconstruction Conference ........................... 2.8 Preliminary Matters ..................................... 2 Premises, Use of ................. . ................6.16-6. I8 Price, Change of Contract ............................. I Price-Contract--definition of ............................. I Progress Payment, Applications for .................. 14.2 Progress Payment--retainave .......................... 14.2 Prom-ess chedule ............... 22 _9, 6.6, 6._9, 1 .... 6 Project--definition of .................................. I Project Representation--provision for ................. 9.3 Project Representative, Resident--del inition of ..........1 Project, Starting the .................................... 2.2 Property Insurahce .............................. 5.6-5.13 Property Insurance--Partial Utilizatk n ............... $. Property Insurance--Receipt and Apl: lication of Proceeds .................................... 5.12-5.13 Protection, Safety and .......... ::. ..............-. 6.20,6.2! Punch list ........................................... 14.1 Recom~nendation of Payment .................. I4.4, 12.13 Record Documents .................................... 6.19 Reference Points .- ........................................ Regulations, Laws and ............................... 6.1-: Rejecting Defective Work ........................... 9.6 Related Work at Site .............................. 7.1-7.3 Remedies Not Exclusive ............................. 17..2' Removal or Correction of Defective /ork ........... 13.11 Resident Project Representative--de inition of ........... Resident Project Representative~prc vision for ........ 9.-: Responsibilities, Contractor's-:-. in ge~e,'21 ............... 6 Responsibilities, En~neer's~ir~ gene ra[ ................. 9 Responsibilities. Owner's--in general .................... Retainage ............................................ 1~.2 Reuse of Documents ................................... ~.~ Rights of Way .......................................... 4. Royalties, Patent Fees and ............................ 6.12 Safety and Protection ' 6.20-6.2! Samples ' 6.23-6.25 Schedule of progress ........ 2.6, 8-2.9, 6.6, 6.29, 15.2.6 Schedule of Shop Drawing submissions ..................... 2.6.2.8-2.9, 6.23, 14.1 Schedule of values ....................... 2.6, 2.8-2.9, 14.1 Schedules, Finalizing ................................... 2.9 Shop Drawings and Samples .................... 6.23-6.28 Shop Drawings~definition of ............................. 1 Shop Drawings, use toappro~e substitutions ....................................... 6.7.3 Site. Visits to---by Engineer ........................... 9.2 Specifications--definition of ............................. 1 Starting Construction. Before ... t .................. 2.5-2.8 Starting the Project .................................... 2,4 Stopping Work--by Contractor ....................... 15.5 Stopping Work--by Owner .......................... 13.10 Subcontractor--definition of ....................... · ...... 1 Subcontractors--in genera[ ....................... 6.8-6. I I Subcontracts.~required provisions ............ 5.1 I. 1, 6.11 11.4.3 Substantial Comp[¢tJ. on--ce~ification of .............. 14.$ Substantial Completion---definition of .................... 1 Substitute or "Or-Equal" Items ....................... 6.7 Subsurface Conditions ............................. 4.2-4,3 Supplemental costs ................................. 11.4.5 Supplementary Conditiorts.---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, Il.g, 13.4, 14.12 Surety--consent to payment .................. 14.12. 14. I4 Surety--Engineer has no duty to ..................... 9.13 Suretymnotice to .......................... 10.1, 10.5, 15.2 Surety--qualification of ........................... 5.1-5.2 Suspending Work, by Owner ......................... 15.1 Suspension of Work and Terminationmin 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.a Termination, Suspension of Work and--in general ...... 15 Tests and Inspections ........................... 13.3-13.7 Time, Change of' Contract .............................. 12 Time.'Computation of .......... , ...................... 17.2 Time. Contract--definition of ..., ......................... Uncovering Work ................................ 13.$-13.9 Underground Facilities---d¢finitic of .................. I Underground Facilities--not sho,~'n or indicated ..... a.3.2 Underground Facilities-~protecti ~n o/' ........... 4.3.6.20 Underground Facilities--shown r indicated ......... -:'.$.1 Unit Price Work--definition of Unit Price Work--general ................. 11.9. 14.1. 14.5 Un-it Prices ........................................ 11.3. Unit Prices, Determinations for ...................... 9.10 Use of Premises ................ , ................ 6.16-6.18 Utility owners .................. , ....... 6.13.6.20.7.2-7.3 Values, Schedule of ......................... 2.6.2.9. I-'.. I Variations in Work--Authorized ........... 6.25.6.27.9.5 Visits to Site--by Engineer ..... , ...................... 9.2 Waiver of Claims--on Final Pay ent ................ 14. I6 Waiver of Rights by insured par'ti, :s ............. 5.10.6. I 1 Warranty and Guarantee--by Co~tractor ............. 13. l Warranty of Title, Contractor's ....................... 14.3 Work, Access: to ............... ~ ..................... 13.2 Work--by others ............... , ........................7 Work Continuir{g During Dispute.~ .................... 6.29 Work, Cost of .................................. 11.4-11.5 Work--definition of ............ ~ ...........'. ............ l Work Directive Change--definiticn of ................... Work Directive Change--pr:nc:pa references to ........................... 3.~..3. 10.1-i0.2 Work, Neglected by Contractor .................... 13.1.:' Work, Stopping b.y Contractor ......................... 15.5 Work, Stopping by Owner ............ ~ ........... 15.1-15.-:' Written Amendment---definition Written Amendment--principal references to ................. GENERAL CONDITIONS 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 plur"al thereof: Addenda--Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the bidding documents or the Contract Documents. Agreement--The written agreement between OWNER and CONTRACTOR covering the Work to be performed; 6ther Contract Documents are attached to the Agreement and made a part thereof as provided therein. Application for Payment--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. Bid--The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. Bonds--Bid, performance and payment bonds and other instruments of' security. 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 pr/or 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. 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 11.9.1 in the case of Unit Price Work). Contract Time--The number of days (computed as provided in paragraph 1.7.2) or the date stated, in the Agreement for the completion of the Work. . - -- . - ...- CONTRACTOR--TThe person, firm or corporation with Whom OWNER has-entered into the Agreement. ' ~' i · '.. - ' · ....:..'.: ~':. ::-":"7 clef eerie, e--An adjective which when m, refers to Work that is unsatisfactory', does not conform to the Contract Dc meet the requirements of any inspectio test or approval referred to in the Co has been damaged prior to ENGINEI of final payment {unless responsibility fo has been assumed by OWNER at Sub: accordance with paragraph 14.8 or 14. Drawings--The drawings which show ti of the Work to be performed and whic or approved by ENGINEER and are tract Documents. Effective Date of the Agreement--Th Agreement on which it becomes effecti is indicated it means the date on whi signed and delivered by the last of the t deliver. ENGINEER--The person, firm or corp, in the Agreement. Field Order--X"written order issued b orders minor changes in the Work in ~aph 9.5 but which does not involve a Price or the Contract Time. General Requirements--Sections of Di fications. Laws and Regulations: Laws or Re'gtd regulations, ordinarrces, codes and/or Notice of Award--The written notic apparent successful bidder stating that the apparent successful bidder with the enumerated therein, within the time sp, sign and deliver the Agreement. Notice to Proceed--A written notice CONTRACTOR (with a copy to ENGIi on which the Contract Time will com~ which CONTRACTOR shall start to TOR'S obligations under the Contract OWNER--The public body or authori~ clarion, firm or person with whom CONT into the Agreement and for whom the W Partial Utilization--Placing a portion o for the purpose for which it is intended before reaching Substantial Completior Project--The total construction of Wi' provided under the Contract Dokumen or a parr as indicated elsewhere in. th~:, Resident Project RepresentaHve--The tative of ENGINEER who is ~signed · thereof.'i4./; ........ :.-.: -. ::_ :- :...:. difying the word Work faulty or deficient, or cuments, or does not n. reference standard· atract Documents. or iR's recommendation · the protection thereof' ;tantial Completion in tO). ~e character and scoFe a have been prepared :fen'ed to in the Con- date indicated in the re. but if no such date ch the Agreement is uo parties to sign and )ration named as such t ENGINEER which :cordance with para- range in tile Contract vision 1 of the Speci- .aliGns--Laws. rules. triers. by OWNER to the upon compliance by conditions precedem :rifled. OWNER will :iven by OWNER to IEER) fl:ring the date hence to run and on ,efform CONTRAC- )ocuments. t', corporation, asso- .:L~.CTOR has entered ~rk is to be provided. :' the Work in service or a related purpose~ for all the Work. ich the Work to be s may be the whole. ;ontract Documents. authorized represen- the site or any part Shop Drawings--All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures, standard schedules, perfor- mance charts, instructions, diagrams and other information prepared by a Supplier and submitted by CONTRACTOR to illustrate mater/al or equipment for some portion of the Work. Specifications--Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workman- ship as applied to the Work and certain administrative details applicable thereto. Subcontractor--An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Sub- contractor for the performance of a part of the Work at the site. Substantial Completion--The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGI- NEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part} can be utilized for the purposes for which it is intended; or if there be no such certificate issued, when final payment is due in accordance with paragraph 14.13. The terms "substantially complete" and "substantially com- pleted'' as applied to any Work refer to Substantial ~omple- tion thereof. Supplementary Conditions--The part of the Contract Docu- ments which amends or supplements these General Condi- tions. Supplier--A manufacturer, fabricator, supplier, distributor, materialman or vendor. U.ndergroundFacilities--All pipelines, conduits, ducts, cables, w~res, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facil- ities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam. liquid petroleum products, telephone or other communica- tions, cable television, sewage and drainage removal, traffic or other control systems or water. Unit Price Work--Work to be paid for on the basis of unit prices. Work--The entire completed construction or the various sep- arately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of per- forming services, furnishing labor and furnishing and incor- porating materials and equipment into the construction, all as required by the Contract Documents. Work Directive. Change--A written directive to CONTRAC- TOR, issued orr or after the Effective Date of the Agreement and signed by OWNER :ired recommended by ENGINEER, ordc~ng an addition, deletion or responding to differing or unforeseer which the Work is to be performed 4.2 or 4.3 or to emergencies under Directive Change may not change Contract Time, but is evidence th: the change directed or document Change will be incorporated in a sut Order following negotiations by the any, on the Contract Price or Con~ paragraph 10.2. Written Araendment--A written an Documents, signed by OWNER ar after the Effective Date of the Agre ing with the nonengineering or nonte Work-related aspects of the Contra ARTICLE 2--PRELIMINARY M, Delivery of B. onds: 2.1. Whe~ CONTRACTOR deli ments to OWNER, CONTILa. CT( OWNER such Bonds as CONTRA( furnish in accordance with paragra Copies of Documents: 2.2. OWNER shall furnish to copies (unless otherwise specified in ditions) of the Contract Document essary for the execution of the Wo~ be furnished, upon request, at the Commencement of Contract Time; ?~ 2.3. The Contract Time will c, thirtieth day after the Effective Dat~ a Notice to Proceed is given[, on ~otice to Proceed. A Notice to Pro, time within thirty, days after the Eft, ment. In no event will the Contrac~ later than the seventy-fifth day afte or the thirtieth day after the Effectiv whichever date is earlier. Starting the Project: 2.4. CONTRACTOR shall start the date when the Contract Time ct Work shall be done at the site prior Contract Time commences to run, Before Starting Construction: 2.5. Before undertaking each p TRACTOR shall carefully study an . Documents and check and verify :cvisiofi in the Work. or physical conditions under as provided in para~aph paragraph 6.22. A Work the Contract Price or the tt the panics expec: that .'d by a Work Directive ~sequently issued Change parties as to its effec:, if tact Time as provided in tendment of the Contract d CONTRACTOR on or :ment and normally deal- :hnical rather than strictly :t Documents. ~.TTERS vets the executed A~ee- )R shall also deliver to ."FOR may be required to ~h 5.1. , ONTRACTOR up [o rea the Supplementary Con- i as are reasonably nec- k..Additional copies w!il ~st of reproduction. tice toProceed: >mmence to run on tee : of the-Agreement...or. ',2' :he day indicated i. :ced may be given ~: an.'.' :clive Date of the -~* .... Time commence to r the day of Bid opening .' Date of the Agreement. to perform the Work on .mmences to run, but no to the date on which the art of the Work, CON- compare the Contract ertinent figures shown thereon and all applicable field measurements. CONTRAC- TOR shall promptly report in writing to ENGINEER any conflict, error or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarifi- cation from ENGINEER before proceeding with any Work affected thereby; 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 thereoL 2.6. Within ten days alter 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 wP include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component pans in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work which will .be con- firmed in writing by CONTRACTOR at the time of sub- mission. 2.7. Before any Work at the site is started, CONTIL-~C- 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 with paragraphs 5.6 and 5.7. Preconstruction Conference: 2.8. Within twenty days after the Effective Date of the A~eement, but before CONTRACTOR starts the Work 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. FinaF-tz. ing Schedults: 2.9..At least ten days befOre' submission o'fthe first Appli- 'cation for Payment a conference attended by CONTRAC- TOR, ENGINEER and others as appropriate will be held to finalize the schedules iubthitted in accordance' with para- graph 2.6. The finalized progress schc to ENGINEER as lX~oviding an ord¢ Work to completion within the Cot acceptance will neither impose on EN( for the pro~ess or scheduling of the TRACTOR from full responsibility schedule of Shop Drawing submissio ENGINEER as providing a workable cessing the submissions. The finalized be acceptable to F~xlGINEER as to fo ARTICLE 3--CONTRACT DOCL .-MMENDING. REUSI Intent: 3.1. The Contract Documents con ment between OWNER and CONTR/ Work. The Contract Documents are c, called for by one is as binding as if Contract Documents will be constru, the law of the place of the Project. 3.2. It is the intent of the Contract i a functionally complete Project (or p str:ucted in accordance with the C0n~ Work, materials or equipment that ma~ from the Contract Documents as beir the intended result will be supplied wN called for. When words which hav'e.-~ or trade meaning are used to descril equipment such words shall be interpr~ that meaning. Reference to standard: or codes of any technical society, orgm or to the Laws or Regulations of any g, whether such reference be specific o mean the latest standant specification, or Regulations in effect at the time of, the Effective Date of the Agreement: except as may be other, vise specificall provision of any =ferenced standard or code (whether or no~ specifically inc in the Contract Documents) shall be, duties and responsibilities of OWNE ENGINEER., or any of their consutta ecs from those set forth in the Contrac it be effective to assign_ to ENGINE NEER's consultants, agents or em authority to supervise or direct the fur~ of the Work or any duty or authority bility contrary to the provisions of p Clarifications and interpretations of th shall be issued by ENGhNEER as pro 3.3. If, during the performance ofl .. TOR finds a conflict, error or discre . Documents, CONTRACTOR shall so .: in writingat once andbefore proceedinl thereby shall obtain a written interpt ~ule will be acceptable rly progression of the ~tract Time. but such }INEER responsibility lork nor relieve CON- here[or. The finalized s will be acceptable to arrangement for pro- schedule of values wiii rm and substance. 'MENTS: INTENT. iprise the entire agree- ,CTOR concerni'ng the )mplementary; what is called for by all. The :d in accordance with 3ocumentsi to describe ~rt thereof) to be con- ract Documents.:Any reasonably be inferred g required to produce :ther or not specifically well-known technica~: ~e Work. materials or ted in accordance with ~eci.fications. manuals nzanon or association. ~vernmental authority. : by implication, shall manual, code or Laws )parting of Bids (or, on there were no Bids~. ~ stated. However. no specification, manual ~t'porated by reference :ffective to change the ?,, CONTiL-kCTOR or nts, agents or employ- i Documents, nor shall ER, or any of ENGI- ~loyees, any duty or fishing or performance ~o undertake responsi- aragraph 9.15 or 9.16. e Contract Documents tided in paragraph 9.4.. he Work, CONTRAC- pancyin the Contract report to ENGINEER with the Work affected elation or clarification from ENGINEER; however, CONTRACTOR shall not be liable 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. 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 Written Amendment, 3.4.2. a Change Order {pursuant to paragraph 10.4), or 3.4.3· a Work Directive Change (pursuant to para- graph I0. I). As indicated in paragraphs 11.2 and 12. I, Contract Pdce and Contract Time may only be changed by a Change Order or a Written Amendment. 3.5. In addition, the requirements ofthe Contract Docu- ments may be supplemented, and minor variations and devia- tions in the Work may be authorized, in one or more of' the following ways: 3.5.1. 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 6.27), or 3.5.3. ENGINEER's written interpretation or clarifi- cation {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 ownershio rights in any of the Drawings, Specifications or other merits (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 v,~tten consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER. ARTICLE 4~AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS Availability of Lands: 4.1. OWNER shall furnish, as indicated in the Contract Documents,-the lands upon which the Work is to be per- formed, rights-of-way and easements for access thereto, and ::'-~".!- :..'. ~- :'.'-- '--,-; · .- . :7;'.~.. '~:: ' · .'.:.-:~ such other lands which are TRACTOR. Easements for nent changes in existing fac for by OWNER. unless othe Documents. If CONTRAC'I OWNER's furnishing these merits entitles CONTRACT( tract Tune. CONTRACTOR provided in Article 12. CON' additional lands and access ~ temporary, construction facil equipment. Phy$icttl Conditio ns: 4.2.1. Explorations at to the Supplementary Cone reports of explorations ant at the site that have been u aration of the Contract Do, rely upon the accuracy of such reports, but not upor tions or opinions contained thereof for CONTRACTC cared in ihe immediately p graph 4.2.6, CONTRACT{ with respect to subsurface 4.2.2. Existing Strucn Supplementary, Condition drawings of physical condi surface and subsurface stt Facilities referred to in contiguous to the site that NEER in preparation of th TRACTOR may rely upon data contained in such dra~ ness thereof for CONTRA indicated in the immediate paragraph 4.2.6, CONTRA sibility with respect to to such structures. 4.2.3. Report of Differfi TOR believes that: 4.2.3.1. any technic: TOR is entitled to rely and 4.2.2 is inaccurate, 4.2.3.2. any physi~ tesignated for the use of CON- ~ermanent structures or ge:ma- lities will be obtained and paid rwise provided in the Contract OR believes that any de!ay in lands, rights-of, way or ~se- )R to an extension of t~e Con- may make a c!aim therefor as FRACTOR shall provide for afl ~ereto that may be required for ties or storage of materi~s and d'Reports: Reference is made itions for identification of those I tests of subsurface condififns tilized by ENGINEER in :uments. CONTRACTO.:~ may ~he technical data contained in nontechnical data. inte.-:reta- therein or for the comple(eness R's purposes. Except as indi- receding sentence and in .:ara- tR shall have full responsibiiit7 conditions at the site. 'es: Reference is made to t~e ; for identification of -'-.::.ese tions in or relating to exi::ing uctures (except Underg':und ~ragraph 4.3} which are :_: or have .been utilized by ENGI- e Contract Documents. CON- the accuracy of the teckaiczl 'ings. but not for the corec!ere- CTOR's purposes. ExeS.ct as ty preceding sentence azd in CTOR shall have full re:ron- sical conditions in or tg Conditions: If CONTR.-'.C- tl data on which CONTR.:.C- s provided in paragraphs -:'.2. I :al condition uncovered or revealed at the site differs materially fzom .that indi- cated, reflected or refe red to in the Contract Decu- menu, CONTRACTOR shall, pn mptly after becoming aware thereof and before perfornfing any 'Work in connection therewith (except in an em~:rgency as permitted'by graph 6.22), notify OWNE~ ~, and ENGINEER in writing 'about the i.naccuracy or dill erence.' ' - :-."- .. .. .. 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 advise OWNER in writing (with a 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 as provided in Article 10 to reflect and document the consequences of the inaccuracy or difference. 4-.2.6. Possible Price and Time Adjustments: In each such case. an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, or any combination thereof, will be allowable to the extent that they are attributable to any such inaccuracy or difference. If OWNER and CONTRACTOR are unable to agree as to the amount or length thereof, a claim may be made therefor aa provided in Articles I I and 12. Physical Conditions--Underground Facilities: 4.3.1. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to 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 owners of such Underground Facilities during construction, for the safety and pro- tection thereof as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work, the cost of all of which will be considered as having been included in the Contract Price. deterrhine the extent to which the should be modified to reflect and, quences of the existence of the Unde the Contract Documents will be amer to the extent necessary. During suc TOR shall be responsible for the sar such Underground Facility as provid CONTRACTOR shall be allowed an tract Price or an extension of the Co to the extent that they are attributab any Underground Facility that was n, in thc Contract Documents and wi' could not reasonably have been exp If the parties are unable to a~ee as tc thereof, CONTRACTOR may mak, provided in Articles ! 1 and 12. Reference Points: 4.4. OWNER shall provide enginee lish reference points for construction wi judgment are necessary to enable CON] with the Work. CONTRACTOR shall lng out the Work. {'unless otherwise Requirements). shall protect and pre: reference points and shall make no cl without the prior written approval of.O TOR shall report to ENGINEER wN point is lost or destroyed or requires necessary changes in grades or location sible for the accurate replacement or r erence points by professionally qualifie ARTICLE 5---BONDS AND INSUR7 Performance and Other Bonds: 2ontract Documents ocument the conse- :ground Facility. and ded or supplemented h time. CONTRAC- :ty and protection of ed in paragraph 6.20. ncrease in the Con- atract Time. or both. te to the existence of }t shown or indicated ich CONTtL-kCTOR :cted to be aware of. the amount or length a claim therefor as ng surveys to estab- dch in ENGINEER's RACTOR to proceed e responsible for lav- :cified in the Gene~l eryc thc established ~anges or relocations WNER. CONTRAC- ,.never any reference · elocution because of ;. and shall be respon- :location of such ref- d personnel. NCE 5.1. CONTRACTOR shall furnish performance and pay- merit,. Bonds, each in an amount at l.east equal to the Contract Pric. as security for the faithful performance and payment of all CONTRACTOR's oblitzations und~.r the Contract Docu- ments. These Bonds shall remain in e :feet at least until one year after the date when final pavmen~ becomes due. exceot as otherwise provided by Law or Reg tract Documents. CONTIL-kCTOR si other Bonds as are required by the lions. All Bonds shall be in the form.~ Regulation or by the Contract Docun by such sureties as are named' in the panes Holding Certificates of Authofi ties on Federal Bonds and as Accep~ panics" as published in Circular 570 (: Staff Bureau of Accounts, U.S. Tre,' Bonds signed by an agent must be acc~ copy of the authority to act. 4.3.2. Nor Shown or Indicated. If an Under~m'uund Facility is uncovered or revealed at or contiguous to the site which was not sh. own. or .indicated in the Contract Documents and which CONTRACTOR could not reason- ably have been expected to be aware of, CONTtL-kCTOR shall, promptly after.becoming aw.are therepf and before performing any Work affected thereby (except in an emer- gency as permitted by paragraph 6.22), identify the owner ofsuch Underground Facility and give written notice ther~0f 5~2. ffthe su. rety on. any Bond fur to that owner and to OWNER and ENGINEER. ENGI- - TOR is declared a bankrupt or becom NEER will ProMptly review the Undergrbund Facility to to do business is terminated in any s Jlation or by the Con- mil also furnish such ;upplementary Condi- prescribed by Law or tents and be executed current list of "Com- :y as Acceptable Sure- able Reinsuring Com- tmended) by the Audit .sury. Department. All ~mpanied by a certified lished by CONTRAC- :s insolyent or its fight '.ate where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within five days thereafter substitute another Bond and Surety, both of which must be acceptable to OWNER. 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, whether it is to be performed or furnished by CONTRACTOR, by any Subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: thirty days' prior written notice ha and ENGINEER by certified mail. remain in effect until final payment when CONTRACTOR may be~ replacing defective Work in accorda In addition, CONTRACTOR shall operations insurance for at least two ~ad furnish OWNER with evidenc~ insurance at final payment and one Contractual Liability Insurance: 5.4. The comprehensive general by paragraph 5.3 will include contr applicable to CONTRACTOR's obli: 6.30 and 6.31. 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- TOWs employees; Owner's Liability Insurance: ' 5.5. OWNER shall be respons: maintaining OWNER's own liabi OWNER's option, may purchase a ance as will protect OWNER agains: from operations under the Contract 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 CONTIL~.CTOR, 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- er'ty wherever located, including loss of use resultin~ therefrom; - 5.3.6. Claims arising out of operation of Laws or Reg- ulations for damages because of bodily injury, or death of any person or for damage to property; and 5.3.7. Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of' any mgtor vehicle. The insurance required by this 13aragraph 5.3 shall include the specific coverages and be written for not less than the limits of liab~ity 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 the certificates or other evidence thereof) shall contain a provi- sion or endorsement that the coverage afforded will not be cancelled, mateffally changed or renewal refused until at least Property Insurance: 5.6. Unless otherwise provided Conditions, OWNER shall purchase insurance upon the Work at the site t~ thereof (subject to such deductible ~ vided in the Supplementary Conditic and Regulations). This insurance sh of OWNER, CONT1L~.CTOR, Subcc and ENGINEER's consultants in the be listed as insureds or additional inst against the perils of fire and extent include "all risk" insurance for ph2 including theft, vandalism and malic and water damage, and such other pe in the Supplementary. Conditions, ant losses and expenses arising out of or re loss or incurred in the repair or repll property (including but not limited engineers, architects, attorneys and not covered under the "all risk" insu~ vialed in the Supplementary Condition: purchase and maintain similar propert or,he Work stored on and off the site portions of the Work are to be includ Payment. 5.7. OWNER shall purchase and ~ machinery insurance or additional pn be required by the Supplementary C, Regulations 'which will include the CONTRACTOR, Subcontractors ENGINEER's consultants in the Wo~ listed as insured or additional insured · :12 s been given to OW.NER All such insurance shall and at all times thereafter :orrecting. removine or ace with paragraph 13.12. naintain such completed :,'ears after final payment : of continuation of such ,ear thereafter. ibility insurance required tctuai liability insurance ations under paragraphs fie for purchasing and [ity insurance and. at ad maintain such insur- claims which may arise Documents. in the Supplementary and maintain prope.~y , the full insurable va!ue mounts as may be pro- ns or required by L~_',','s ill include the interests ntraetors, ENGINEER Work, all of whom shall red parties, shall insure !ed coverage and shall 'sical loss and damage ious mischief, collapse riIs as may be provided shall include damages. ~ulting from any insured .cement of any ' :o fees and char_~es of ~cher professionals). If 'ance or otherwise pro- . CONTRACTOR shall ' insurance on oortions ~r in transit wl~en such d in an Application for taintain such boiler and aerty insurance as may mditions or Laws anti nte~ests of OWNER. ENGINEER AND lc. ail of whom shall be ~arties. - 5.8. All the policies of insurance (or the certificates or other evidence thereo0 required to be purchased and main- tained by OWNER in accordance with paragraphs .5.6 and · .5.7 will contain a provision or endorsement that the coverage afforded will not be cancelled or materially changed or renewal refused until at least thirty days' prior written notice has been given to CONTRACTOR by certified mail and will contain waiver provisions in accordance with paragraph 5. i 1.2. 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 insurers 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 o£OWNER, CONTRACTOR, ENGINEER, ENGI- NEER's consuttants and all other panics named as insureds. 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. 5.11.2. OWNER and CONTRACTOR intend that any policies provided in response to paraga'aphs 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. Accordingly, all such policies shall con- tain provisions to the effect that in the.even~ of payment .. of any loss or damage the insurer will have no rights of recovery against any of the parties named as insurers or additional insureds, and if the insurers require separate 'waiver forms to be signed by .-ENGINEER br ENGI- NEER's-consultant OWNER will obtain the semi:, and if such waiver forms are required CONTRACTOR will obtain the sa Receipt and Application of Proceeds: 5.12. Any insured loss under th( required by paragraphs 5.6 and 5.7 OWNER and made payable to OW~ insurers, as their interests may appear ments of any applicable mortgage cl 5.13. OWNER shall deposit in a separ so received, and shall distribute it in agreement as the parties in interest special agreement is reached the d~ repaired or replaced, the moneys"s account thereof and the Work and th by an appropriate Change Order or W 5.13. OWNER as trustee shall ha settle any loss with the insurers unle: interest shall object in writing withir occurrence of loss to OWNER's exe such objection be made, OWNER as tlement with th6insurers in ac¢ordar as the parties in interest may reach. any party in interest, OWNER as occurrence of an insured loss, give formance of such duties. Acceptance of lnsurance: 5. I4. If OWNER has any objection' by or other provisions of the insuran chased and maintained by CONTR.~ with paragraphs 5.3 and 5.4 on the be: with the Contract Documents, OWN TRACTOR in writing thereof within delivery of such certificates to paragraph 2.7. If CONTRACTOR ha coverage afforded by or other provi: insurance required to be purchased and in accordance with para~aphs 5.6 a their not complying with the Contn T1L~.CTOR shall notify. OWNER in wt days of the date of delivery of suct TRACTOR in accordance with paraga CONTRACTOR shall each provide t tional information in respect of insun as the other may reasonably request. CONTRACTOR to give any such not the time provided shall constitute acc ance purchased by the other ax compl Documents. Partial Utilization--Property Insurance, 5.15. If OWNER finds it necessa portion o~: portions of th~ Work prior tion of alt the Work, such use or occt plished in accordance with paragraph ry to occupy or use a o Substantial Comple- pancy may be accom- 14.10; provided that no ~f any Subcontractor, : policies of insurance will be adjusted with IER as trustee for the · subject to the require- ~use and of para_mmph ~te account any money accordance with such nay reach. If no other maged Work shall be received applied on cost thereof covered itten Amendment. te power to adjust and ;s one of the parties in fifteen days after the rcise of this power. trustee shall make set- e with such agreement 'required in writing by -ustee shall, upon tke md for the proper per- :6 th.e co'verage afforded" ce required to be pur- ,CTOR in accordance ;is of its not complying ER shall notify CON- :en days of the date of iR in accordance with, s any objection to the ions of the policies naintained by OWNER ~d 5.7 on the basis of ct Documents, CON- iting thereof within ten . certificates to CON- apb 2.7. OWNER and ~ the other such addi- race provided by each Failure by OWNER or ice of objection within eptance of such insur- ying?ith the Contract such use or occupancy shall commenEe before the insurers providing the property insurance have acknowledged notice thereofand in writing effected the changes in coverage neces- sitated thereby. The insurers providing the property insur-' once 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: 6.1. CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary. to perform the Work in accordance with the Contract Doc- 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. 6.2. 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 communications given to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and Equipment: 6.3. CONTRACTOR shall provide competent, suitably o 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- sibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat. telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and. completion of the Work. · · ~. , : .-..... -.;.'.... :-~ .: · '14 6.5. All materials and equipme and new, except as otherwise pros uments. If required by ENGINEE furnish satisfactory, exidence (incl tests) as to the kind and quality of All materials and equipment shall nected, erected, used, cleaned and with the instructions of the appli other~vise provided in the Contrac~ vision of any such instructions wil ENGINEEI~, or any of ENGINEE employees, any duty or authority ~ furnishing or performance of the ~¢, ity to undertake responsibility con~ paragraph 9.15 or 9.16. Adjusting Progress Sched,d,: 6.6. CONTRACTOR shall sub acceptance (to the extent indicated ments in the pro~ess schedule to. of new developments; these will progress schedule then in effect an, with any provision, of the General thereto. Substitutes or "Or. Equal" Items: 6.7.1. Whenever materials or described in the Contract Docu of a proprietary, item or the name the naming of the item is intend~ function and quality required. Un by words indicating that no su materials or equipment of other St by ENGINEER if sufficient CONTRACTOR to allow ENGI the material or equipment propo: to that named. The procedure for will include the following as supp Requirements. Requests for revie material and equipment will not NEER from anyone other than C( TRACTOR wishes to furnish or~ material or equipment. CONTRA ten application to ENGINEER certifying that the proposed subs quately the functions and achieve the general design, be similar ant that specified and be suited to the ified. The application will state t acceptance of the proposed ,ubst CONTRACTOR's achievement tion on titae, whether or not acce for use in the Work will require Contract Documents (or in the direct con.'.'.'.'.'.'.'.'.'a-acrwith OWNER for adapt the design to the proposed or not incorporation or use of the · .'. wi. th .th.e. Work is subject to paym¢ at shall be of good quality ided in the Contract Doc'- R. CONTRACTOR shall .:ding reports of required materials and eoui~menL ~e applied, instaile~l, con- :onditioned in accordance :able Supplier except as Documents; but no pro- be effective to assign to ~'s consultants, agents or o supervise or direct the )rk or any duty or author- rary to the provisions of mit to ENGINEER for in paragraph 2.9) adjust- :flect the impact thereon onform generally to the additionally will com=iv ~,equirements applica:~l~ equipment are specified ments by using the name of a particular Suociie:: :d to establish the c.':e. ess the name is folloW'ed bstitution' is permittee. ppliers may be accepted :marion is submitted by lEER to determine that :d is equivalent or ',, ; review by ENGINEER emented in the General w of substitute items cf be accepted by ENGi- INTRACTOR. If CON- ,se a substitute item cf ETOR shall make writ- or acceptance thereof. itute will perform adc- =he results called for by i of equal substance to same use as that sFec- ~at the evaluation and itute will nor prejudice f Substantial Compie- ~tance of the substitute t change in any of the :ovisions of any other york on the Project) to ;ubstitute and whether ~bstitut~ in connection at of any license fee or royalty. All variations of the proposed substitute 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 of such substitute, including costs of' redesign and claims of other contractors affected by the resulting change, all of which shall be considered by ENGINEER in evaluating the proposed substitute. ENG1NEER may require CONTRACTOR to furnish at CONTRACTOR's expense additional data about the proposed substitute. 6.7.2. Ifa specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents. CONTRACTOR may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to ENGINEER. if CONTRACTOR submits sufficient information to allow ENGINEER to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedure for review by ENGINEER will be similar to that orovided in paragraph 6.7. I 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 CONTiL~.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- TRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's consultants for evaluat- ing each proposed substitute. Concerning Subcontractors, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcon- tractor, Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indi- 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 of certain Subcontractors, Suppliers..or other per- sons 9r..organizat!Ons. (including those who are to furnish the principal items of materials and equipment) to be sub- mitted to OWNER in advance of the specified date prior ~: to !h.e Effectiye' Date. of the. Agreement for acceptance by Owt~ER and ENGINEER and if C~ONTIL&CTOR has submitted a list thereof in accordance with the SupPle- mentary Conditions. OWNER's or El IGINEER's accept- ance (either in writing or by failing to tion thereto by the date indicated for; tion in the bidding documents or the C of any such Subcontractor, Supplier organization so identified may be rev reasonable objection after due investl CONTRACTOR shall submit an acce Contract Price will be increased by cost occasioned by such substitutiot Change Order will be issued or Written No acceptance by OW'NER or ENG Subcontractor, Supplier or other: per shall constitute a waiver of any right ol NEER to reject defective Work. 6.9. CONTRACTOR shall be fully res and ENGINEER for all acts and omiss tractors, Suppliers and other persons an forming or furnishing any of the Worl indirect contract with CONTRACTOR TOR is responsible for CONTRACTOR'i sions. Nothing in the Contract Docume contractual relationship between OWN and any such Subcontractor, Supplier organization, nor shall it create any obli! OWNER or ENGINEER to pay or to se any moneys due any such Subcontractc person or organization except as may"ot by Laws and Regulations. 6.10. The divisions and sections of tiq the identifications of any Drawings sha TRACTOR in dividing the Work amon~ Suppliers or delineating the Work to bl specific trade. 6.1 i. All Work performed for CON'r contractor will be pursuant to an apl: between CONTRACTOR and the Subc¢ cifically binds the Subcontractor to the e conditions of the Contract Document OWNER and ENGINEER and contair as required by paragraph 5.11. CONT each Subcontractor a just share of am received by CONTRACTOR on accouni icies issued pursuant to paragraphs 5.6 Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all aries and assume all costs incident to t mance of the Work or the incorporatior invention, design, process, 'product or subject of patent rights or copyrights particular inventiori, design, process, I specified in the Contract Documents fi mance of the Work arid ir'to the actual kn make written objec- .cceptance or obje:- ontract Documents; or other person or }keri on the basis of' :ation. in which case itable substitute, the he difference in the and an appropriate Amendment signed. iNEER of any such son or organization 'OWNER or ENGI- :onsible to 'ons of the Subcon- organizations per- under a direct or 1st as CONTRAC- ; own acts and omis- ars shall create any ER or ENGINEER or other person or ration on the part oC 'e to the payment of r, Supplier or other herwise be required Specifications and not control CON- Subcontractors or performed by any LA. CTOR by a Sub- ropriate agreement ntractor which spe- pplicable terms and for the benefit o~' waiver provisions ~,ACTOR shall pay insurance moneys of losses under poi- nd .5.7. icense fees and roy- le use in the perfor- in the Work of any device Which is the ~eld by others. If a ;roduct or device is ,r use in the perfor- awledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty 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 anvon~ 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 rights. Permits: 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 charves and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or if there are no Bids on the Effective Date of the Agreement. CON- TRACTOR shall pay all charges of utility owners for con- nections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. Laws and Regulations: 6.14.1. CONTRACTOR shall give ail notices and comply with ail' Laws and Regulations applicable to fur- nishing and performance of the Work. Except where oth- erwise expressly required by applicable Laws and Regu- lations, neither OWNER nor ENGINEER shall be resp~n- sine 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 all costs arising therefrom; however, it shall not be CONTRACTOR's pti. mary responsibility to make certain that the Specifications and Drawings are in accordance with such Laws and Regulations. 6.15. CONTRACTOR shall pay aiI's~les, consumer, use and other similar taxes required to be paid by CONTRAC- TOR in accordance' with the' Laws 'and Regul'ati'ons of the '16 plac~ of the Project which are a mance of the Work. Use of Premises: 6.16. CONTRACTOR shall ment, the storage of materials am ations of workers to the Project si~ tiffed in and permitted by the land and areas permitted by Law of-way, permits and easements, encumber the premises with cons~ materials or equipment. CONTi~ responsibility for any damage to. the owner or occupant thereofo/' uous thereto, resulting from the Should any claim be made agains by any such owner or occupant be of the Work, CONTRACTOR shall with such other party by agreemen claim by arbitration or at law. COi fullest extent permitted by Laws ar and hold OWNER and ENGINEEF all claims, damages, losses and ex limited to, fees of engineers, archi professionals and court and arbitrat indirectly or consequentially out of table, brought by any such other ENGINEER to the extent based CONTRACTOR's performance of 6.17. During the progress of the shall keep the 15remises free from materials, rubbish and other debris At the completion of the Work CON all waste materials, rubbish and de premises as well as all tools, appliar merit and machinery, and surplus n the site clean and ready for occupa TRACTOR shall restore to original c designated for alteration by the Con 6.18. CONTRACTOR shall not of any structure to be loaded in any rr the structure, nor shall CONTRAC the Work or adjacent property to st will endanger it. Record Documents: 6.19. CONTRACTOR shall mai the site one record copy of all D~ Addenda, Writ'ten Amendments, Directive Changes, Field Orders an¢ and.-clarifications (issued pursuant order and annotated to show all ch~ struction. These recoFd documents to: samples and a counterpart of all ap' will be available to ENGINEER for ~licable during the 7. er'for- ,nfine construction equip- [ equipment and the c.~er- e and ]and and areas i~en- fact Documents and other s and Reaulations, nd shall ~ot unreason-~ly uction equipment or other tCTOR shall assume full ly such land or area. or to fany land or areas centig- erformance of the Work. OWNER or ENGINEER cause of the performance promptly attempt to s e.'.:le t or othe~'ise resolve qTRACTOR shall, to d Regulations, indemn:a'y harmless fi'om and a~_-Zast ,crises (including. bi: not cots. attorneys and oO. er on costs) arising direr:fy, any actio, n. legal or arty against OWNER or m a claim mqsing o,.:: of he Work. Work. CONTRACTOR accumulations of resulting from the Wcr.',:. TRACTOR shall remove bris from and abou: .:~.e ces. construc:ion ezu.;:- ~atefials. and shall acy by OWNER. CON- ondition all propen? :fact Documents. oad nor permit an'..' 7".~ anner that will endanger 7OR subject any pa~ resses or pressures ~tain in a sa'e place at awings, Specifications. ;hange Orders. Work written interpretations paragraph 9.~) N gocd nges made during con- ;ether with all approved ~roved Shop Drawin~ reference. Upon com- pletion of the Work, these record documents, sample~ and Shop Drawings will be delivered to ENGINEER for OWNER. Safet~ 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 precautions for the safety of, and shall pr6vide the necessary protection to prevent damage, injury or loss to: 6.20.1. all employees on the Work and other persons and organizations who may be affected thereby; 6.20.2. all the Work and materials and equipment to be 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. "- CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTR~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 ca~sed, directly or indirect[y, 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 ne~igence of CON- -- TRACTOR'). 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). Eme~en_cles: 6.22. In emergencies affecting the sl persons or the Work or property at the si~ CONTRACTOR, without special instrm from ENGINEER or OWNER, is oblig~ threatened damage, injury or loss. CON' ENGINEER prompt written notice ~fCO] that any significant changes in the Wm the Contract Documents have been caus NEER determines that a change in the is required because of the action take emergency, a Work Directive Change ~ be issued to document the consequenc variations. Shop Drawings and Samples: 6.23. After checking and verifying, and after complying with applicable pr the General Requirements, CONTRA( ENGINEER for review and approval i~ accepted schedule of Shop Drawing st graph 2.9), or for other appropriate ac' the Supplement~ary Conditions, five cot specified in the ~.eneral Requirements) which will bear a stamp or specific w CONTRACTOR has satisfied CONT] bilities under the Contract Document: review of the submission. All submissi as ENGINEER may. requh'e. The dan Drawings will be complete with respe, ct sions, specified performance and desi and similar data to enable ENGINEEI marion as required: 6.24. CONTRACTOR shall also st for review and al~proval with such pn no delay in Work, all samples required uments. All samples MI1 have been ch panied by a specific written indication has satisfied CONTiL-x. CTOR's 'resp¢ Contract Documents with respect to tl mission and will be identified clearly as pertinent data such as catalog numbers intended. 6.25.1. Before submission of e~ sample CONTRACTOR shall have fled all quantities, dimensions, spec teria, installation requirements, mE bors and similar data with respect or coordinated each Shop Drawing Shop Drawings and samples and wi~ the Work and the Contract Docume 6.21. CONTRACTOR shall designate a responsible rep- resentative at-the site whose duty shall be the prevention of accidents. This.person shall be CONTRACTOR's superin- tendent unless Otherwise designated in writing by CON- 6.25.2. At the time of each sub TOR shall give ENGINEER specific .- variation that the Shop Drawings ~ from the requirements of the Cont~ .. in addition, shall cause a specific n, 17 . _ . ~fety or protection of e or adjacent thereto. tion or authorization ~ted to act to prevent tRACTOR shall give ~TRACTOR believes k or variations from .'d thereby. If ENGI- :ontract Documents n in response to ~ ,r Change Order will ;s of the changes or l1 field measurements ~cedures specified in .q'OR shall submit to ~ accordance with the bmissions (see pa~- ion if so indicated in les (unless otherwise flail Shop Drawings. dtten indication that L~kCTOR's responsi- ;with respect to the o% will be identifie5 . shown on the She: to quantities, dimen'- :n criteria, materials to review the infer- ,mit to ENGINEER ~mptness as to cause by the Contract Doc- .'cked by and accom- that CONTRACTOR nsibilities under the ~e review of the sub- to material. Supplier. and the use for whici:. ch Shop Drawing or determined and veri- fied performance cri- terials, catalog num- :hereto and reviewed or sample with other h the requirements of hts. nission, CONTRAC- written notice ofeach )r samples may have act Documents, and. )ration to be made on - each Shop Drawing submitted to ENGINEER for review and approval of each such variation. 6.26. ENGINEER will review and approve with reason- able promptness Shop Drawings and samples, but ENGI- NEER's review and approval will be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means, methods, techniques, sequences or procedures of construction (except where a specific means. method, technique, sequence or procedure of construction 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 such 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 copies of Shop Drawings and submit as required new samples for review and approval. CONTRACTOR shall dire~ specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.27. ENGINEER'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 6.25.1. 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. Continuing the Work: 6.29. CONTRACTOR shall can5' 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 par-~graph 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 t6 fees and charges of enginecrs, architects, attorneys and other professionals and court and arbitratioh costs) aris- ing out of or resulting from the performance of the Work, provided that any such claim, d attributable to bodily injury, sic injury to or destruction of tang Work itself) including the loss (b) is caused in whole or in omission of CONTRACTOR. or organization directly or indire to perform or furnish any of tN acts any of them may be liable, it is caused in part by a party mc by or is imposed by Law and negligence of any such party. 6.31. In any and all claim: NEER or any of their consult~ any employee of CONTRACT( person or orvanization directly c of them to p~rform or furnish ar whose acts any of them may b obligation under paragraph 6.3( way by any limitation on the a compensation or benefits payab2 or any such Subcontractor or under workirs' or workmen's benefit acts or other employee 6.32. The obligations of C( graph 6.30 shall not extend to t ENGINEER's consultants, age~ of the preparation or approval o reports, surveys. Change Order." ARTICLE 7--OTHER WORK Related Work at Site: amage, loss or expense lei is .;ness. disease or death, or to ble property (other than the t' use resulting therefrom and art by any negligent ac: or .y Subcontractor. an}' Ferson :tly employed by any cf..hem : Work or anyone for wb. ose reo_ardless of whether or not emnified hereunder or arises :egulations regardless of the against OWNER or ENGI- its. agents or employees by )R. any Subcontractor. any r indirectly employed by any y of the Work or anyone for .' liable, the indemnific?.ion . shall not be limited in an> ,, mount or type of damages. e by or for CONTRACTOR ther person or organization ~mpensation acts, disaNiity enefit acts. )NTRACTOR under he liability ~of ENGINEER. ~ts or employees arising out maps. drawings, opinions. designs or specifica,'.icns. 7.1. OWNER may perform o her work related to the ect at the site by OWNER's o~m forces, have other work performed by utility owners or let c ,ther direct contracts therefor which shall contain General.Co aditions similar to these, tf the fact that such other work is to be performed was not r. ezed in the Contract Documents, written notice thereof w-2.'i 'ge given to CONTRACTOR prior to starting any such e-:her work; and, if CONTRACTOR believes that such perfor- mance will involve additional eXl,ense to CONTRACTOR or requires additional time and thelParties are unable to ~eree as to the extent thereof, CONT~CTOR may make a therefor as provided in Articles ~anct 12. / 7.2. CONTRACTOR shall ~rd each utility owner and other contractor who is a party to such a direct contract tor OWNER, if OWNER is pefformJ ng the additional work xx'ith OWNER's employees) proper an a reasonable opportunity for the materials and equipment and the, shall properly connect and coor~ CONTRACTOR shall do all cut: the Work that may be required to together properly and integrate ~ safe access to the site and ~troduction and storage of :xecufion of such w~rk. inate the Work with theirs. lng, fitting and patching of make its several_paru come ith such other work. CON- -- TRACTOR shall not endanger any work of others by cutting. excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER ,., and the others whose work will be affected. The duties and responsibilities or' CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions t'or the -' benefit o[' CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If any part of CONTRACTOR's Work depends for proper execution or results upon the work of any such other contractor or utility owner (or OWNER), CONTRACTOR shall inspect and promptly report to ENGINEER in writing '"' any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. CONTRACTOR's failure so to report will constitute ,-- an acceptance of the other work as fit and proper for integra- tion with CONTRACTOR's Work except for latent or non- apparent defects and deficiencies in the other work. Coordination: ....... 7.4. If OWNER contracts with others for the peffor- ,-, mance of other work on the Project at the site, the person or organization who will have authority and responsibility for coordination of the activities among the various prime con- tractors will be identified in the Supplementary Conditions, Jand the specific matters to be covered by such authority and responsibility will be itemized, and the ext.ent of such author- ity and responsibili'ties 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 8--OWNER'S RESPONSIBILITIES 8.1. OWNER shah 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. 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make pay- ments to CONTRACTOR promptly after they are due as ...,provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing ·engineering-sur~eys to-establish '"referent9 points are set forth in paragraphs 4. I and 4.4. Para-~ tures which have been utilized by ENG the Drawings and Specifications. 8.5. OWNER's responsibilities in r~ and maintaining liability and property in in paragraphs 5.5 through 5.8. 8.6. OWNER is obligated to execut indicated in paragraph 10.4. 8.7. OWNER's responsibility in inspections, tests and approvals is set for 8.8. In connection with OWNER's r suspend Work, see paragraphs 13.10 ;~nd deals with. OWNER's right to terminal TRACTOR under certain circumstances ARTICLE 9--ENGINEER'S STATUS CONSTRUCTION Owner's Repres~tativ'e: 9.1. ENGINEER will be OWNER': lng the construction period. The dutie_s and the limitations of authot-[ty of ENGI representative during construction:are: tract Documents and shall not be ~,~ter consent of OWNER and ENGINEER: '~'. ,..~ Visits to Site: 9.2. ENGINEER will make visits t¢ appropriate to the various stages of con the progress and quality of the executet mine, in general, if the Work is proce with the Contract Documents. ENGINEF to make exhaustive or continuous on-site the quality or quantity of the Work. E will be directed toward providing for OWq of confidence that the completed Work Contract Documents. On the basis of st observations as an experienced and qu; sional, ENGINEER will keep OWNER i tess of the Work and will endeavor to gu defects and deficiencies in the Work. Project Representation: 9.3. If OWNER and ENGINEER will furnish a Resident Project Repr ENGINEER in observing the pefforma~ duties, responsibilities and limitations such Resident Project Representative a as provided, in. the SuppIementary Cot designates another agent to represent [NEER in preparing ~spect of purchasing ~urance are set forth Change Orders as espect of certain th in paragraph 13.4. [ght to stop Work or 15.1. Paragraph 15.2 services of CON- )URING ; represen,tative dur- and responsibilities 'i'EER as OWNER's ;et for'th in the Con- ded without written the site at intervals struction to obse~'e Work and to deter- :ding in accordance R will not be required inspections to check NGINEER's efforts ,tERa _re'eater degree wilt conform to the ch visits and on-site ;lifted design profes- nformed of the prog- ~rd OWNER against a~ee, ENGINEER · .sentative to assist tce 0fthe Work. The of authority of any nd assistants will be ditions. If OWNER 3WNER at the site graph 4.2 refers to OWNER's identifying and making avail-'"': who is not ENGINEER's agent or-et~ploye~:, the duties. able to CONTRACTOR copie~ of reports 0fe~ploration~ ahd :7. reslx~nsibilifles .and limitations of. aut~ority'.of such. other ~tests of subsurface conditions at the site and in existin~ strut::': ' pers6'ffwill be ~s provided in the Supplementary Conditions. ........ ' 'i-::::: !'-i 19 i':~!i"::;~:i:~' ( ' "' ' .: ?? ".:':'; :.i.!'!:..: ' "' Clarifications and Interpretations: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the require- ments of the Contract Documents (in the form of Drawings or otherwise)as ENGINEER may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification or interpretation justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Article 11 or Article 12. Authorized Variations in Work: 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and will be binding orr OWNER, and a/so on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Article I1 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 samples, see paragraphs 6.23 through 6.28 inclusive. 9.8. In connection with ENGINEER's respo'nsibilities as to Change Orders, see Articles 10, 11 and 12. 9.9. In connection with ENGINEER's responsibilities in respect of Applications for Payment, etc., see Article 14. Determinations for Unit Prices: 9. I0. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CON- TRACTOR. ENGINEER will review with CONTRACTOR ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommen. dation of an Application for Payment or otherwise). ENGI- NEER's-written decisions thereon will be final and 'binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER or CON-" ~'iT, ACTORdelivers to the-othe~ party to-the Agreement and" - '" ' '-':.Z.-'.'. . ~' :_.::':.'.~ ',"7 - .. . . - /..:' :'... ,-. · ' ' '- ' ' " ' '"20'::.. to ENGINEER written notice o such a decision. Decisions on Disputes: 9.11. ENGINEER will be tN requirements of the Contract Do acceptability of the Work thereun other matters relating to the steep interpretation of the requirements pertaining to the performance and claims under Articles 11 and 12 ir Contract Price or Contract Time ENGINEER in writing with a ret in accordance with this paragrapl render in writing within a reasona each such claim, dispute and oth~ by the claimant to ENGINEER a Agreement promptly (but in no eve after the occurrence of the event written supporting data will be-subrr the other par~y within sixty days alu ENGINEER allows an additional p, more accurate, data in support of tN 9.12. When functioning as inte~ paragraphs 9.10 and 9.11, ENGINi !iality to OWNER or CONTRACT( m connection with any interpretatio~ good faith in such capacity. The re~ ENGINEER pursuant to paragraphs 5 to any such claim, dispute or other rr have been waived by the making or merit as prov/ded' in paragraph 14. precedent to any exercise by OWN of such rights or remedies as either m: the Contract Documents or by Laws c of any such claim, dispute or other rr Limitations on ENGhVEER's Responsil 9.13. Neither ENGINEER'~ autl' Article 9 or elsewhere in the Contra, decision made by ENGINEER in goo¢ or not exercise such authority shall g responsibility of ENGINEER to COaX con_tractor, any Supplier, or any other per~orrning any of the Work, or to any: 9.14. ,Wh,~enever in the Contract Do ordered", ' as directed", "as requirec approved" or terms of like effect or it adjectives "reasonable", "suitable", or "satisfactory" or adjectives of lik~ used to describe a requirement, directic of ENGINEER as t9 the Work, 'it i requirement,.direction, review orjudg evaluate the Work for compliance witl merits (unless there is a s~cific state. wise). The use of any such tebm or intention to appeal from initial interpreter of the aments and judge of :he der. Claims, disputes mad :ability of the Work or the ~fthe Contract Documents Urnishing of the Work and respect of changes in the till be referred initially to lest for a formal decision which ENGINEER will le time. Written notice of matter will be delivered td the other par~y to .:.i've nt later than thirty days) giving r/se thereto, mad irted to ENGINEER and r such occurrence unless :riod of time to asce.-'~n claim. preter and judge under :ER will not sl~ow par- IR and will not be liable or decision rendere~ in ~dering of a decision · 10 and 9. I I with resT. e:: atter (except any ~cceptance of final .:ar'- [6) will be a cofiditi~n ER or CONTRACTOR .y otherwise have unger r Regulations in res.ce:: atter. ilities: ority to act under t~is :t Documents nor faith either to exercise ve rise to any duty or 'TRACTOR. any Sub- person or organization ;urety for any of them. :uments the terms "as ", "as allowed", "as ~port are used, or the cceptable", "proper" effect or import are n, review or judgment intended that such nent will be solely to the Contract D~cu- ~ent indlcating other- :ljective shall not be effective to assign to ENGINEER any duty or authority to '--supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.15 or 9.16. 9.15. ENGINEER will not be responsible for CON- TRACTOR's means, methods, techniques, sequences or pro- cedures of construction, or the safety precautions and pro- "--gamins 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. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of' any Subcontractor, any Supplier, or of any other person or organization performing "or furnishing any of the Work. ARTICLE 10---CHANGES IN THE WORK 10. I. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work; '-these will be authorized by a Written Amendment, a Change Order, or a Work Directive Change. Upon receipt of'any such document, CONTRACTOR shall p~omptly, proceed with the ,._Work involved which will be perfoiimed under the applicable :onditions of the Contract Documents (except as otherwise s~ecifically provided). 10.2. If OWNER and CONTRACTOR are unaNe to agree as to the extent, if any, of an increase or decrease in the Contract Price or an extension or shortening of the Contract ,-.Time that should be allowed as a result of a Work Directive Change, a claim may be made therefor as provided in Article l I or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of 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 andCONTRACTORshall execute appro- ~priate Change Orders (or Written Amendments) covering: 10.&3. changesin the Contract Pr~ which embody the substance of any dered by ENGINEER pursuant to pa provided that, in lieu of executing any an appeal may be taken from any such de, with the provisions of the Contract Docur Laws and Regulations, but during any TRACTOR shall carry on the Work and ress schedule as provided in paragraph 10.5. If notice of any change affecti of the Work or the provisions of the ~[ (including, but not limited to, Contrac Time) is required by the provisions qf a~ to a surety, the giving of any such notice TOR's responsibility, and the amount of ¢ will be adjusted accordin~y. ARTICLE I 1---CHANGE OF CONTR~ 11.1. The C6htract Price constitute sation (subject to authorized adjustmen~ TRACTOR for performing the Work. Al ities and obligations assigned to 6r ur TRACTOR shall be at his expense wil Contract Price. ,. 11.2. ' The Contract Price may 0nly 1se' Order or by a Written Amendment:.An¥ ! or decrease in the C-ontract Price"shall notice delivered by the party making th party and to ENGINEER promptly (but i thirty days) after the occurrence of the the claim and stating the general nature of' the amount of the claim with supp, delivered within sixty days after such ENGINEER allows an additional period more accurate data in support of' the accompanied by claimant's written starer claimed covers all known amounts (dire sequential) to which the claimant is entit occurrence of said event. All claims fc Contract Price shall be determined by El dance with paragraph 9.I 1 if OWlq'ER ~ cannot otherwise agree on the amount for an adjustment in the Contract Price submitted in accordance with this parag 10.4. t. changes in the Work which are ordered by OWNER pursuant to paragraph 10. l., are requited because of acceptance of defective Work under paragraph 13.13 or correcting defec'tive Work under l~aragraph 13.14, or are agreed to-by the parties;.. 10.4.2. ching~s in:t'fie C°ntr~ct Price'or ContractTime which are ii~ied to by the parties; a~d 21 I 1.3. The value of any Work c0yere, or of any claim for an increase or decr~ Price shall be determined in one o£ the f LI_.3.L Where the Work in,~ol.v.e, prices contained in the Contract Doc tion of unit prices to the quantities (subject to the proVisionS of Paragl~ I 1.9.3, inclusive). ce or Contract Time ,ritten decision ren- · agraph 9.1 !; uch Change Order. :ision in accordance lents and applicable such appeal, CON- adhere to the prog- .29. g the general scope ontract Documents : Price or Contract ty Bond to be given will be CONTtL~.C- ach applicable Bond ,CT PRICE ; the total compen- s) payable to CON- duties, responsibil- dertaken by CON- h0ut change in the :h~anged by a Chan~,e :hilm for an mcrease Sc.based on written claim to thc other no event later than :vent giving rise to af thc claim. Notice ~rting data shall be occurrence (unless of time to ascertain :taim) and shall be sent that the amount et, indirect and con- lcd as a result of the r adjustment in the qGINEER in accor- nd CONTRACTOR involved. No claim will be valid if not ~ph 11.2. by a Change Order ase in the Contract )llowing ways: l-is co,~ered by unit uments, by applica- f thc items involved Ihs 11.9.1. through I1.3.2. By mutual acceptance of a lump sum {which may include an allowance for overhead and proHt not necessarily in accordance with ~aragraph 11.6.2. D. 11.3.3. On the basis of the Cost of the Work (deter- mined as provided in paragraphs 11.4 and Il..5) plus a CONTRACTOR's Fee for overhead and profit (deter- mined as provided in paragraphs 11.6 and 11.7). Cost of the Work: 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as 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 11.5: 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 CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shah include, but not be limited to, salaries and waizes plus the cost of' fringe benefits which shall include sogial 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. II.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 shah 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 b)' OWNER, CONTRACTOR shall obtain competitive bids from ,.Subcontractors acceptable to CON- TRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work 'Plus a Fee, the Subcontractor's Cost of the Work shall be determined in the same manner as CONTRAC- TOR's Cost of the Work. Ail subcontracts shah be SubJect ' to the other provisions ofth~ (~ontract Documents insofar as'applicable. / 11.'4.4. Costs ofspecial c0~sultants (includin~ but not limited to engineers, architect:;, testine laboratories, sur- veyors, attornevs and account:.nts) employed for services specificallv reiated to the Worl ' 11.4.$. Supplemental cost I1.4.5.1. The proportic lion, travel and subsistence TOR's employees incurred nected with the Work. 11.4.5.2. Cost. includin~ tenance, of all materials, sup cry. appliances, office and t site and hand tools not own( are consumed in the perform~ less market value of such which remain the property 11.4.5.3. Rentals ofall co~ machinery and the parts thet CONTIL-XCTOR or others ir agreements approved by OW ENGINEER, and the costs o~ unloading, installation, dis thereof--all in accordance w agreements. The rental of any cry or parts shall cease when necessary, for the Work. 11.4.5.4. 'Sales, consumer re!ated to the Work, and for w liable, imposed by Laws and 1~ ii.4.5.5. Deposits lost for, gence of CONTRACTOR. an:, one directly or indirectly empl, for whose acts any of them ma payments and fees for permits ncluding the following: t of necessary transoor-,a- expenses of'CONT'RAC- discha~c of duties con- :ransportation and main- ~{!es. equipment, machin- :mpora~. facilities at d by the workers, which ncc of the Work. and cost Is used but not consume~ CONTRACTOR. ~struction equipment and eof whether rented from accordance with rental NER with the advice of 'transportation. loading. mantling and removal ith terms of said rental uch equipment, machin- use thereof is no longe: use. or similar taxes ich CONTRACTOR is egulations. :auses other than nevi- Subcontractor or any- ~yed by any of them or y be liable, and royalty md licenses. 11.4.5.6. Losses and d mages (and related expenses), not compensated by nsurance or otherwise. to the Work or otherwise sustair ed by CONTRa. C-FOR in connection with the: performance and furnishing of the Work (except losses and damages within the deductible amounts of property insut:a, nce established by OWNER in accordance wit ~ paragraph 5.9), ~r~- vialed they have resulted from ~causes other than the negligence of CONTRACTOR, ~any Subcontractor. or anyone directly or indirectly employed by any of them or for whose acts any of then~ may be liable. Such losses shall include settlements ~ade with the written consent and approval of OWN[ER. ~No such losses. damages and expenses shall be i ~cluded in the Cost of the Work for the purpose of det,:rmining CONTRAC- TOR's Fee. If, however, any' ;uch loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. CONTt~4 CTOR's Fee: 11.6. The CONTRACTOR's Fee al TOR for overhead and profit shall be d II.4.5.7. The cost of utilities, fuel and sanitary facilities at the site. 11.6.1. a mutually acceptable fi.~ be agreed upon, 11.4.5.8. Minor 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.$.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work and premiums for property insurance coverage within the limits of the deductible amounts established by 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. I. Payroll costs and other compensati0r/of CON- TRACTOR's officers, executives, principals (of partner- ship and sole proprietorships), general managers, engi- neers, architects, estimators, attorneys, auditors, accoun- rants, 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 i 1.4.1 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. 1 !.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. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase 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 Subcontractor, or anyone directly or indirectly employed by any of ~hem 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- 11.6.2. a fee based on the followi various portions of the Cost of the 11.6.2.1. for cost~ incurred u and 11.4.2, the CONTRACTOR' percent; 11.6.2.2. for costs incurred, un the CONTRACTOR's Fee shall a subcontract is on the basis of a Fee, the maximum allowable t account of overhead and prSfit shall be fifteen percent; 11.6.2.3. no fee shall be pay costs itemized, under paragraphs 1 11.6.2.4. the amount of cred CONTRACTOR to OWNER for ar results in a net decrease in cost .~ the actual net decrease plus a d~d~ TOR's Fee by an amount equal., net decrease: and :. 11.6.2.5. when both, add]tic involved in any one chanue;:the TRACTOR's Fee shall be ~omput~ net change in accordance with through 11.6.2.4, inclusive. 11.7. Whenever the cost of any Worl pursuant to paragraph 11.4 or 11.5, C submit in form acceptable to ENGINE] breakdown together with supporting dst: Cash Allowances: 11.8. It is understood that CONTRA in the Contract l:qice all allowances so na Documents and shall cause the Work so. by such Subcontractors or Suppliers and 1 the limit of the allowances as may be 'al NEER. CONTRACTOR agrees that: 1'1.8.'1. 'The allowances include TRACTOR (less any applicable trade rials and equipment required by the alh ered at the site, and all applicable tax~ owed to CONTRAC- .'term]ned as fo/lows: ed fee: or if none can ng percentages of the fork: :let paragraphs 11.4.1 Fee shall be fifteen er paragravh 11.4.3. e five percent: and if ost of the Work Plus CONTRA_ fOR on ,f all Subcontractors tble on thc basis of .4.4, I 1.4.5 and l 1.5: t to be allowed by y such chanve which 'ill be the amount of :tion in CONTRAC- t''ten percent of the ,s~ and credits are ~dj/4. stment in CON- d on the basis of the ~aragraphs 11.6.2.1 :is to be determined ONTRACTOR will !R an itemized cost ETOR has included reed in the Contract covered to be done Or such sums within :ceptable to ENGI- :he cost to CON-- discounts) of mate- ~wances to be del]v- :s; and ?o~" unloading and n Costs, overhead, [ for the allowances rice and not in the 1'1.'8.2-. 'CONTRACTOR's cost~ 11.5.6. 'Other overhead or general expense costs of handling '~)n the site, labor', installatk any kind and the costs of any item not specifically and '""profit and 0ther expenses contemPla~e~ expres,.s.l.y !ncluded in i~arag. Vaph 11.4: '- .-:- ...-7' .... ~.-:-. ~..' '-':;. have been included in the Contrad't' "~":-':'" ':: ':'"'"-' ::'' "~'"' ..... '"" ~'-" ;'":'"':'": .... "-':'::.' ...... .-'-::.'i .!.'.e::::.~....:~, ..-' .:..:: ....._-~:~ .... . ..... . ..'...... '.~ 7.. 5'i~.:f ' ' ~'.'..;:...- .-. - ....- '.~ .'. '.:..-:'. .-...'....: :'23 .......... -'- . - :.'..:' ..--- '":.:: '-'. ".: "'.-.--'.' ": -' ' : - :. " ' · .' " ' . - -' .5' -:'. ".' .-. i. · ' allowances. No demand for additional payment on account 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 con-espond- 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 classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accor- dance with Paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount eonsid, ered 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 Time shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be deliv- ered within sixty days after such occurrence (unless ENGI- NEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall .be accom- panied by the claimant's written statement that the 'adjust- ment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the contract Time shall'be determined by ENGINEI graph 9. I 1 if OWNER and CONT agree. No claim for an adjustmer be valid it' not submitted in accorc of this parag_raph 12.1. 12.2. The Contract Time will equal to time lost due to delays ~ TRACTOR if a claim is made th graph 12.1. Such delays shall in¢ acts or neglect by OWNER or o work as contemplated by Article disputes, epidemics, abnormal w God. 12.3. All time limits stated 'i are of the essence of the Agreen Article 12 shall not exclude reco but not limited to fees and chart attorneys and other professional costs) for delay by either party. ARTICLE 13..--WARRANTY A TESTS AND IN CORRECTION, ACCEPTANCE Warranty and Guarantee: 13.1. CONTRACTOR wa OWNER and ~NGtNEER thai dance with the Contract Docume Prompt notice of all defects she TOR. All defective Work, whet rejected, corrected or accepted, Access to Work: 13.2. ENGINEER and EN other representatives of OWNE ernmental agencies withjurisdicti to the Work at reasonable times fe and testing. CONTRACTOR si conditions for such access. Tests and Inspections: iR in accordance with para- ?,.ACTOR cannot other~,-ise t in the Contract Time will ance with the requirements be extended in an amount eyond the control of CON- erefor as provided in lude. but not be limited to, :hers performing additional 7, or to fires, floods. esther conditions or ac~ of n the Contract Documents tent. The provisions of tNs tery for damages (including es of engineers, architects. s and court and arbit:'=-:icn ID G UAiL-MNTE E: iPECTIO~S; REMOVAL OR OF DEFECTIVE WORK .'rants and guarantees :o all ·Work will be in ac:c> nts and will not be defer:i;'.-'. dl be given to CONT.:L-'.C- ~er or not in place, may be provided in this Articie !3. itNEER's representatives. R. testing agencies and gov- ~nal interests v,itl have ~ccess r their observation, tall provide proper and s~fe 13,3, CONTILa, CTOR sh~ ~ ye ENGINEER timely notice of readiness of the Work for alltequired inspections, tests or approvals. ' / 13.4. If Laws or Regulations of any public body having jurisdiction_zeqtth:e any Work (Or part thereot3 to sgecificaily be inspected, tested or apprc assume full responsibility theref therewith and furnish ENGINI · otGnspection, testing or approv~ veal, CONTRACTOR s~.~l ~r, pay all costs in connection iER the required certificates d. CONTRACTOR shall also be responsible for and shall pay all costs in connection with any inspection or testing required in connection with OWN- ER's or ENGINEER's acceptance of 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 addition 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 OWNER and CONTRACTOR (or by ENGINEER if so ,-,specified). 13.6. If any Work (including the work of others) that is into be inspected, tested or approved is covered without written concurrence of ENGINEER, it must, fi.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 not/ce. 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.l]. Ifany Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGhNEER. 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 "","or observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, mater/al 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, (includingbut not limited to fees and charges -'bf engineers, architects, attorneys and other professionals), .,end OWNER shall be entitled to an appropriate decrease the Contract Price, and, if the parties are unable to agree as -.to the amount thereof, may make a claim therefor.as.provided n Article 11. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed afl'increase in the Contact Price. or'an extension of the Contact Time, or "~'~oth, directly attributable to such uncovering, exposure, ~bservation, inspection, testing and reconstruction; and, if the parties are. unable to agree ag to the am~)u'imt or extent . ~2 ..?...~ ,~ ,LC, ;-2.~, ~;2':'--''".' '~-'.~ --.-' ."-'. :, .... . ..'-= · .... thereof,'CONTRACTOR may make a cl vided in Articles 11 and 12. Owner ,~£ay Stop the Work: 13.10. If the Work is defective, or C to supply sufficient skilled workers or equipment, or fails to furnish or perforrr way that the completed Work will conf Documents, OWNER may order CONTI Work, or any portion thereof, until the has been eliminated; however, this right the Work shall not give rise to any duty or~ to exercise this right for the benefit of any other party. Correction or Removal of Defective Work: 13.1 I. If required by ENGINEER, C promptly, as directed, either correct whether or not fabricated, installed or ( Work has been rejected by ENGINEEI~ site and replace it with nondefective Wc shall bear all direct; indirect and conseq correction or removal (including but no charges of engineers, architects, attorne sionals) made necessary, thereby. One Year Correction Feriod: . .. 13.12. If within one year after the Completion or such longer period 'of'ti scr/bed by Laws or .Regulations or by th, cable special guarantee required by the ( or by any specific provision of the Contr Work is found to be defective. CONTRAC without cost to OWNER and in accorda written instructions, either correct such if it has been rejected by OWNER, rerr and replace it with nondefective Work. does not promptly comply with the terms or in an emergency where delay would ( loss or damage, OWNER may have the rected or the rejected Work removed a direct, indirect and consequential costs, replacement (including but not limited tc engineers, architects, attorneys and oth¢ be paid by CONTRACTOR. In special a particular item of equipment is placed before Substantial Completion of all the period for that item may start to run frt so provided in the Specifications or by V Acceptance of Defective Work: 13.13.. If, instead of requiring correc replacement of defective Work, OW1, ENGINEER's recommendation ~of..fi ENGINEER) prefers to accept it, OWNt TRACTOR shall bear all direct, indirec aim therefor as pro- ONTRACTOR fails uitable materials or the Work in such a >tm to the Contract L~CTOR to st, op the :ause for such order of OWNER to stop the part of OWNER CONTRACTOR or ONTRACTOR shall all defective Work. :ompleted, or, if the · remove it from the rk. CONTRACTOR aential costs of such limited to fees and ts and or,her profes- date of Substantial ~ as may be pre- ; t'erms of any appli- ~o~tract Documents act Documents, any TOR shall promptly. ace with OWNER's defective Work, or. ove it from the site If CONTRACTOR :fsuch instructions. ause serious risk of ffefective Work cor- ed replaced, and all ~fsuch removal and fees and charges of rprofess/onals) will [rcumstances where t continuous service Vork, the correction m an earlier date if rritten Amendment. ~lon of removal and 'ER (and, prior to ~al payment, also !R may do so. CON- and consequential costs attributable to OWNER's evaluation of and determi- nation to accept such de£ective Work (such costs to be approved by ENGINEER as to reasonableness and to include but not be limited to fees and charges of engineers, architects, attor- neys and other professionalsL If any such acceptance occurs prior to F-NGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revi- sions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to ag.ret as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs alter such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable time alter written notice of ENGINEER to proceed to correct and to correct defective Work or to remove and replaoe rejected Work as required by ENGINEER in accordance with para- graph 13.1 I, or if CONTRACTOR fails to perform.the Work in accordance with the Contract Documents, or if CON- TRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days' writ- ten notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this 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- TRACTOR'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 CONTRACTOR in an amount approved as to reasonableness by ENGINEER, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWN'ER may make a claim therefor as provided in Article 1 I. Such direct, indirect and consequen- tial costs will .include but not be limited to fees and charges of engineers, architects, attorneys and other professionals, all court and arbitration costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in per- formance of tl~e Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. '" '.' 26 ARTICLE 14--PAYMENTS TO ONTRACTOR AND COMPLETION Schedule of Values: 14.1. The schedule of values e:;tablished as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a fort ment acceptable to ENGINEER. account of Unit Price Work will be units completed. Application for Progress Payment: 14.2. At least twenty days be~or is scheduled (but not more often th: TRACTOR shall submit to ENGINI cation for Payment filled out and sis covering the Work completed as of ti ,and accompanied by such suppor~ required by the Contract Documents on the basis of materials and equip, the Work but delivered and suitab? another location agreed to in writ Payment shah also 'be accompanied or other documentation warranting tl~ the materials and equipment free and security interests and encumbrance in these General Conditions referr evidence that the materials and eq~ appropriate property insurance and protect OWNER's interest therein, isfactory to OWNER. The amount c to progress paymints will be as stipt CONTRA CTOR's Warranty of Title: 14.3. CONTRACTOR warrants to all Work, materials and equipmer cation for Payment, whether incort not, will pass to OWNER no later t free and clear of all Liens. Review of Applications for Progress P~ 14.4. ENGINEER will, within t each Application for Payment, eith recommendation of payment and pr~ OWNER, or return the Application caring in writing ENGINEER's rea: ommend payment. In the latter ca: make the necessary corrections ant tion. Ten days after presentation of ment with ENGINEER's recommer ommended will (subject to the provis of paragraph 14.7) become due and ,~ OWNER to CONTRACTOR. "14.5. ENGINEER's recommend requested in 'an Application for Pa a of Application for Pay- Progress payments on based on the number of : each progress payment tn once a month). CON- '~ER for review an Appii- ned by CONTRACTOR ~e date of the Application ng documentation as is · If payment is requested aent not incorporated in t stored at the site or at ng. the Application for by a b?ll of sale. invoice at OWNER has received :lear of all liens, cha~es. ~ (which are hereinaAer :d to as "Liens"J and ,ipment are covered by other arrangements to all of which will be sa:- f retainage with respe:: fated in the Agreement. ~nd guarantees that title t covered by any Ap.rli- orated in the Project or tan the time of payme.~t rment: n days after receipt of :r indicate in wfitino_ a '.sent the Application-to a CONT1L&CTOR indi- OhS for refusing to , CONTRACTOR may resubmit the Applic~- he Application for Pay- :lation, the amount fez- OhS of the last sentence hen due will be paid by ation 'of' any' ~ayment merit will constitute a representation by ENGINEER to OWNER, based on ENGI- NEER's on-site observations of the Work in progress as an experienced and qualified design professional and on ENGI- NEER's review of 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 qualiiy 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 CONTRAC- TOR's being entitled to final payment as set forth in paragraph 14.13 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. I. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Writ- ten Amendment or Change Order, 14.7.3. OWNER has been required to correct defec- tive Work or complete Work in accordance with paragraph 13.14, or 14.7.4. of ENGINEER's actual knowtedge of .the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.9 inclusive. OWNER'to a set-off against the amot OWNER must ~ve CONTRACTOR in (with a copy to ENGINEER) stalin action. Substantial Completion: 14.8. When CONTRACTOR con ready for its intended use CONTI1 OWNER and ENGINEER in writing substantially complete {except for kerr CONTRACTOR as incomplete) and NEER issue a certificate of Substanti: a reasonable time thereafter, OWNER ENGINEER shall make an inspection mine the status of completion. If ENE sider the Work substantially complete. CONTRACTOR in writing giving th, ENGINEER considers the Work st ENGINEER will prepare and deliver certificate of Substantial Completion of Substantial Completion. There certificate a tentative list of items to rected before final payment. OWNER after receipt of the tentative certificate written objection to ENGINEER as certificate or attached list. If. after lions, ENGINEER concludes that:thi tially complete. ENGINEER will ,,i)itl submission of the tentative certifica CONTRACTOR in writing, stating:th after consideration of OWNER's Ob considers the Work substantially coral within said fourteen' days execute and CONTRACTOR a definitive cex Completion (with a revised tentative 1 pleted or corrected) reflecting such cha certificate as ENGINEER believes jt ation of any objections from OWNER. of the tentative certificate of Substant NEER will deliver to OWNER and CO recommendation as to division of re final payment between OWNER and respect to security, operation, safer utilities, insurance and warranties. CONTRACTOR agree otherwise in ENGhNF_F_R prior to ~NGINEER.'s certificate of Substantial Completion, said recommendation will be binding TRACTOR until final payment. 14.9. OWNER shall have the TRACTOR from the Work after the dE pletion, but OWNER shall allow CON OWNER may refuse to make l>ayment of the full amount recommended by ENGINEER because claims have been made against OWNER on account of CONTRACTOR's per-. Partial tJtilizan'on: ' formance or furnishing of the Work or Liens have been filed.. 14.10.. -Use by OWNER of any fin in connection with the Work or there are other items entitling · which has specifically been identified ..... ~.._. ~- .._. - nt recommended, but mediate written notice the reasons for such iders the entire Work ACTOR shall notify hat the entire Work is s specifically listed bv request that ENGf- I Completion. Within CONTRACTOR and of the Work to deter- INEER does not con- iNGINEER will notifT : reasons therefor. If bstantially comple[e. o OWNER a tentative thich shall fix the date dl be attached to the be completed or cor- shall have seven days during which to make , any provisions of the !nsidering such objec- Work is not substan- ~in fourteen days after :e to OWNER notify :.reasons therefor. If. ections,, ENGINEER 'lete,' ENGINEER will d deliver to OWNER tificate of Substantial ist of items to be com- nges from the tentative ;stifled after consider- At the time of delivery iai Comp!etlon ENGI- NTRACTOR a written sponsibilities pending CONTRACTOR with l, maintenance, heat. Unless OWNER and ,vriting and so inform issuing the definitive ENGINEER's afore- m OWNER and CON-- ght to exclude CON- .te of Substamial Corn- tRACTOR reasonable access to complete or correct items o ~ the tentative list. '.she~l' part of the Work, in 'the Contra'ct Docu- ments, or which OWNER, ENGINEER and CONTRAC- TOR agree constitutes a separately functioning and useable part of the Work 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 substantially complete and request ENGINEER to issue a certificate of Substantial Completion for 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 timeafter 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 reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of para- graphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. OWNER may at any time request CON- 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 pan 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- mg and so informed ENGINEER). During such operation and prior to Substantial Completion of such part of the Work, OWNER shall allow CONTRACTOR reasonable access to complete or correct items on said list and to comP!ete other related Work. 28 N.10.3. No occupancy or of the Work will be accomplish( the requirements of paragraph. insurance. Final Inspection: 14.1 I. Upon writtennotice fron entire Work or an agreed portion tt NEER will make a final inspection TRACTOR and will notify CONTI particulars in which this inspectiot incomplete or defective. CONTR~ take such measures as are necess: ciencies. Final Application for Payment: maintenance and operating instruc~ tees, Bonds, certificates of inspec documents (as provided in paragraI merits---all as required by the Contr~ ENGINEER has indicated that the jeer to the provisions of paragraph may make application for final pay cedure for prom'ess pavr~ents. The fi ment shall be ;ccomplnied by all d, in the Contract Documents, together ~ effective releases or waivers (satisfa( Liens arising out of or flied in conne, lieu thereof and as approved by OW may furnish receip{s or releases in fu TRACTOR that the releases and rec services, material and equipment for filed, and that all payrolls, material at other indebtedness connected with OWNER or OWNER's property migh sine, have been paid or otherwise sa the surety, if any, to final payment. I~ Supplier fails to furnish a release or TRACTOR may furnish a Bond or ot tory to OWNER to indemnify OWNE Final Payment and Acceptance: 14.13. If, on the basis of ENGIN the Work during construction and ENGINEER's review of the final Apl and accompanying documentation--a Contract Documents, ENGINEER is: has been completed and CONTRACTI under the Contract Documents have NEER will, within ten days alter rec, cation for .Payment, indicate in writit ommendation of payment and prese OWNER for payment. Thereupon Ei written notice to OWNER and CONTR~ is acceptable subject to the provisions separate operation of part ,d prior to compliance with LIS in respect of prope.,'ty z CONTRACTOR that the ereofis complete, ENGi- with OWNER and CON- LACTOR in writing of all reveals that the Work is CTOR shall immediately try to remedy such de,~'- completed all such cor- NEER and delivered ions, schedules, guaran- lion, marked-up record h 6.19) and other docu- ct Documents, and a~ter Vork is acceptable (sub- !4.16), CONTRACTOR nent following the pro- hal Application for Pay- ~cumentation called for ,ith complete and :tory. to OWNER) ~fail :lion with the Work. NER, CONTRACTOR [I; an affidavit of CON- eipts include ali labor. which a Lien could be td equipment bills, and the Work for which t in any way be respon- tisfied; and consent of 'any Subcontractor or receipt in full, CON- her collateral satisfac- R against any Lien. :-ER's observation of ~nal inspection, and )lication for Payment as required by the tisfied that the Work ~R's other obligations )een fulfilled, ENGI- )t of the final Appli- ENGINEER's rec- the Application to GINEER will give .CTOR that the Work of paragraph 14.16. Otherwise, ENGINEER will return the Application to CON- TRACTOR, indicating in writing the reasons for refusing to 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. 14.14. If, through no fault of CONTRACTOR, final com- pletion of the Work is significantly delayed and if ENGI- ,_ NEER so confirms, OWNER shall, upon receipt of CON- TRACTOR's final Application for Payment and recommen- 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- stitute 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 para.apb 14.16). Waiver of Clnims: 14.16. The making and acceptance of final payment will constitute: 14.16.1. a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from defective Work appearing after final inspec- tion pursuant to paragraph 14.11 or from failure to comply with the Contract Documents or the terms of any special guarantees specified therein; however, it will not consti- tute a waiver by OWNER of any rights in Tespect of CONTRACTOR's continuing oblig: tract Documents; and 14.16.2. a waiver of all claims against OWNER other than those pr~ lng and still unsettled. ARTICLE lb--SUSPENSION OF W~ TEtLMINATION Owner May Suspend Work: 15.1. OWNER may, at any time al penal the Work or any portion there6f f, than ninety days by notice in writing tt ENGINEER which will fix the date o resumed. CONTRACTOR shall resum so fixed. CONTRACTOR shall be allo Contract Price or an extension of the C directly attributable to any suspensn makes an approved claim therefor as and 12. Owner May Terminate: 15.2. Upon the occurrence of following events: 15.2.1. if CONTRACTOR comn under any chapter of the Bankruptc3 States Code), as now or, hereafter TRACTOR takes any equivalent or a petition or otherwise under any law in effect at such time relatin insolvency; 15.2.2. if a petition is filed a under any chapter of the Bankn hereafter in effect at the time of f filed seeking any such equivalent CONTRACTOR under any other effect at the time relating to bankv 15.2.3. if CONTRACTOR mak for the benefit of creditors; 15.2.4. if a trustee, receiver, CONTRACTOR is appointed unde~ contract, whose appointment or a of property of CONTRACTOR enforcing a Lien against such pro~ of general administration of such of CONTRACTOR's creditors; 15.2.5. if CONIRACIOR ad~ ity to pay its debts generally as tN 15.2.6. if CONTRACTOR per: '~e Work 'in accordance with th lions under the Con- by CONTRACTOR :viously made in writ- )RK AND td without cause, sus- )r a period of not more , CONTRACTOR and a which Work will be .' the Work on tl~e date a, ed an increase in tee ontract Time, or both, m if CONTRACTOR ,rovided in Articles I 1 one or more of tee :nces a voluntary, case Code (Title l 1. Unite~ in effect, or if CON- similar action by filing other federal or state to the bankruptcy or ainst CONTRACTOR ptcy Code as now or ling. or if a petition is ~r similar relief agains: federal or state lax,.- iv. tptcy or insolvency: general assignment custodian or agent of appllcab{e [aw or under ~thority to take charge is for the purpose of erty or for the purpose ~roperty for the benefit tits in writing an inabil- :y become due; istently fails to perform Contract Documents (including. but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as revised from time to time); 15.2.7. if CONTRACTOR disregards Laws or Regu- lations of any public body havinvjurisdicfion; 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- ments; OWNER may, after giving CONTRACTOR (and the surety, if there be one) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of ali CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Pr/ce exceeds the direct, indirect and consequential costs of completing the Work (including but not limited to re'es and charges of engineers, architects, attor- neys and other professionals and court and arbitration costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will ~.e approved as to reasonableness by ENGINEER and incor- porated in a Change Order, but when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3.- Where CONTRACTOR'.~ terminated by OWNER, the termit rights or remedies of OWNER agai~ existing or which may thereafter a payment of moneys due CONTRA not release CONTRACTOR from li: 15.4. Upon seven days' wr/tte~ TOR and ENGINEER. OWNER without prejudice to any other right don the Work and terminate the A CONTRACTOR shall be paid for ali expense sustained plus reasonable terr will include, but not be limited to, sequential costs (including, but not lin of engineers, architects, attorneys and court and arbitration costs). Contractor May Stop }Fork or Terrain, 15.5. IL through no act or fault Work is suspended for a period of n OWNER or under an order of court ~ or ENGINEER fails to act on any A within thirty day§ after it is subrnitte thirty days to pay CONTRACTOR mined to be due, then CONTRAC'I days' written notice to OWNER and the Agreement and recover from Work executed and any expense sus termination expenses. In addition am the Agreement. if ENGINEER has fa cation for Payment or OWNER has merit as aforesaid, CONTRACTOR written notice to OWNER and ENI until payment of all amounts then due paragraph shall not relieve CONTRAC under paragraph 6.29 to carry on the with the progress schedule and withou~ and disagreements with OWNER. [The remainder of this page was left blank intentionally.] 30 7: services have been so ation will not affect any ist CONTRACTOR then ccrue. Any retention or ClOR by'OWNER will tbility. notice to CONTRAC- nay. without cause and ~r remedy, elect to aban- :reement. In such case. 'Work executed and any aination expenses, whic~ ;irect, indirect and con- 5ted to, fees and char~es md other profession-als ~f CONTKekCTOR. the >re than ninety days by ' other public authority. pplication for Payment 2, or OWNER.fa'ils for any sum finally deter- 'OR may, upon seven ;NGINEER, terminate /NCR payment for ail :ained plus reasonabie I in lieu of terminating led to act on an Appii- tiled to make any pay- aa.v' upon seven days' NEER stop the Work The provisions oE this fOR of the obligations Work in accordance delay during disputes 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- struction 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. I 1; and the failure to demand arbitration within said thirty days' period shall result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renders a decision after arbitration proceedings have been initiated. such decision may be entered as evidence but 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. l0 will be made later than ten days after the party making such demand has delivered writ- ten notice of intention to appeal as provided in paragraph 9.10. 16.3. Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association, and ENGINEER for information. The dem~ be made within the thirty-day or ten-d~ paragraph 16.2 as applicable, and in all reasonable time after the claim, dispu question has arisen, and in no event s[ be made after the date when institutim proceedings based on such claim, disp, question would be barred by the appl~ rations. 16.4. No arbitration arising out of ( tract Documents shall include by cons( any other manner any other person ENGINEER, ENGINEER's agents., rants) who is not a party to this coiitra( 16.4.1. the inclusion of such otl necessary if complete relief is to be who are already parties to the arbit 16.4.2. such other person or involved in a question of law or fac those who are already parties to th~ will arise in such proceedings, and 16.4.3. the written consent.of th sought to be included and of OWl TOR has been obtained for such in, shall make specific reference, to such consent shall constitute cons, dispute not specifically described arbitration with any party not specil consent. 16._5. The award rendered by the judgment may be entered upon it in diction thereof, and will not be sub appeal except to the extent permitte( o[' the Federal Arbitration Act (9 U.S [The remainder of this page was left blank intentionally.] 31 ' ' a copy will be sent to nd for arbitration will ty period specified in other cases within a [e or other matter in all any such demand ~ of legal or equitable ae or other matter in cable statute of tirol- ,r relating to the Con- ,lidation. joinder or in or entity {including :mployees or consul- :t unless: ter person or entity is afforded among those 'arSon. :ntity is substantially t which is common to arbitration and which other person or entity 4<ER and CONTRA~- :Pasion. which consent his paragraph; but no nt to arbitration of any in such consent or to icatly identified in such rbitrators will be final. tny court having juris- ect to modification or by Sections 10 and l l C. §§I0.11). [This page was left blank intentionally.] .~RTICLE 17--MISCELLANEOUS ;i~ing Notice: 17.1. Whenever any provision of the Contract Docu- "aents requires the giving of written notice, it will be deemed ~ 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 ,y registered or certified mail, postage prepaid, to the last ousiness 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 will 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. '$eneral: 17.3. Should OWNER or CONTRACTOR suffer injury damage to person or property because of any error, orals- sion or act. of the other party or of any c employees or agents or others for whose: is legally liable, claim will be made in ~ party within a reasonable time of the first, injury or damage. The provisions of this p not be construed as a substitute for or a visions of any applicable statute of limita~ 17.4. The duties and obligations imp~ eral Conditions and the rights and remco under to the parties hereto, and, in par limitation, the warranties, guarantees and upon CONTRACTOR by paragraphs 6.3C 14.3 and 1'5.2 and all of the fights and re OWNER and ENGINEER thereunder, and are not to be construed in any way as rights and remedies available to any or al otherwise imposed or available by Laws special warranty or guarantee or by oth~ Contract Documents, and the provision will be as effective as if repeated specific Documents in connection with each pan tion, right and remedy to which they ap! tions, warranties and guarantees made i~ uments will survive final payment and pletion of the A~eement. f the other party's .cts the other party tiring to the other ~bservance of such aragraph 17.3 shall waiver of the pro- ions or repose. )sed by these Gen- lies available here- :icular but without )bligations imposed 13.1, 13.12, 13.14. ~edies available to ~re in addition to. a limitation of', any of' them which are or Regulations, by :r provisions of the ~ of this paragraph ~lly in the Contract icutar duty, oblige- fly. All representa- ~ the Contract Doc- :rmination or com- LmK~/_B IT A Construction Performance Bond Any singular reference to Contractor. Surety, Owner or other party shall be considered plura NTRACTOR (Name and Address): OWNER (Name and Address): ,NSTRUCTION CONTRACT Date: Amount: )escription (Name and Location)' BOND -Date (Not earlier than Construction Contract Date): '-.mount: Modifications to this B.ond Form: ~NTRACTOR AS PRINCIPAL Company: SURETY (Cm'p. Seal) Company: SURETY (Nan',c and Principal Pla, ?4arne and Tit[e: ~NTRACTOR AS PRINCIPAL Company: '"'~[gnature: ,,:amc and Title: Signature' Name and Tide: S U RETY (Corp. Seal) Company: Signature: Name and Title: EJCDC No. 1910-28A (1984 Edition) Prepared through thc joint efforts of The ,.Surety Association of America. Engineers' Joint Contract Documents Commiu where. ,',pplicab[e. :e of Business): :e. The Associated (Co:'.:. (Corp. · I he Contractor and Ibc Surety.jointly and sc:'eratly, bind thcm.%clvcs. heir heirs, executors, adminbwaturs, successors and a~si~ns to thc Owner ~c in by reference. ~.. Il' thc Contractor performs thc Construction Cuntruc~. thc Surety and he Conwactor ~hall have no obligation under this Bond. except to Oar- k~tc in conferences ax provided in Subparagraph 3. ~. ':here is no Owner Dcfimlt. thc Surety'~ obligation under thb Bond 3. I. ~nc Owner has notified thc Cont~c:or and :he Sure=5' at its address described in Paragraph 10 below. ~hat thc Owner is considering dec{aping a Con~rnc:or Default and has requested and attempted to nrran~¢ a conference with thc Con:rag:of and thc Sureb' Io be hew not later than fifteen days aRer receipt of such notice ;o discuss mmhods of pegorming the Construction Contract. I[ thc Owner. the Compactor and the Surety agree, thc Contractor shall be allowed: reasonable dine ~o pc~orm thc Construction Con- wacL but such an agreement shall not waive ~hc Owner's right. any. subsequently to declare a Contractor DcfauR: and ~2. T~e Owner has decbrcd a Contractor Default and Formally minored the Contrac:or's right ;o compie~e thc con:FueL Such Contractor Default shall not be declared earlier than :went7 days aNer the Contractor and the Sure;y have received notice as pro- vided in Subparagraph 3. l: and 3. The Owner has agreed to pay the Babnce of the Contract Price to Ibc Surrey in accordance with thc terms of the Construction Conlract or to a contractor selected to perform thc Consu'ucfion Contract in accord=ncc with the forms of thc contract with the Owner. 4. /hen thc Owner has ~adsRed the conditions of Paragraph 3. thc Surety shall promptly and at the Surety's expense ~ake one of thc Following a~ns: .1. Arrange For the Contractor. with consent of thc Owner. to perform and comple:e the Construction Con~rac:: or a.a. Under:uRn to perform and complc:c thc Construction Comrac~ itself. ~hrough its a~cn~s or through independent tampon{ors: ur ~.3. awash bids'ar neVada:ed proposals from quali~ed contractors acceptable ~o ~he Owner ~r a con:race For performance and cam- pie:kin o( the Construction Carapace. arrange For u contract ~o bc prepared (or execution by thc Owner and thc con:reeler ~c~cclcd with the Owner's concurrence, to be secured '.~kh and ~aymeat bonds executed by a qua[i~ed sure:y c~uivaleat ~he bonds issued on the Construction Comp:tnt. and pay to Owner the amount of damages as described in Paragraph 6 excess of the Batancc of the Con,rant Price incurred by ~he Owner re~ultlng from the Con~ractor's default: or -.:. Waive its right :o.pcd~rm and complete, arrange for cample:iom or obtain ~ new contractor and with reasonable prompmcss under :he circum~anc¢~: [. After inve=tigudon, determine :he amount for which it may liable ~o ike Owner and. as ~oon as prac~!cab!e after the i~ de:ermined, tender payment therefor to thc Owner; or 2. Deny liability in whole or in par: and noddy thc Owner reasons thcrdor. 5 f ;he Surc:y docs not procc:d as provid¢d ia Paragraph 4 with reagan- ann promptness, the Surety shall be deemed lo be in dcl~utt on this Bond tioga ~;:y5 arc: receipt of an addS:lured wriacn no:icc :'rom thc Owner a ~e Surety dcma0ding thai thc Surety perform ks obligations under this E ed. =nd thc Owner sh:W be entitled to enforce any req;cdy ;wallabee Ih¢ Owner. Ir the Surety proceeds as provided in Subparagraph 4.4. thc Owner refuses the payment tendered or ~hc Surety has denied liab[liw. it~;hole or in part. without further notice the Owner shall be enddcd e ~rc= any remedy avaiiable to the Owner. 6. AFter thc O`.~ncr has :cra:ina:cd thc Contr;~ Con:,.truction Contract. ;md iFthc Surcp..' 4. I. 4.2. or~4.3 above. :hca ~h¢ re~o.'t.,,ibi!itic: .,,hall not be greater ti'mn thm, e of thc Contrac Car, ir, act. and thc rcspor, sibiiities of thc Own, crc:tact than those of the O`.vncr u.'Wcr thc Co limit of thc amount ol'~hi> Bond. but subject of thc 13;dana.: of thc Ctm:rac:. Price to midg nfl :he Con.,tn~ction Con:a:,::. thc Sure:y is for: 6.1. Thc rc.%pon.,,ibilities of :ice Con:ate:al work and completion of,,,-"- · Con'4ruc 6.2. Addition;al [cgaf. de:,i,='n professiona: From the Contractor's Default. and r, Ltilure to act of the Surety under Par, ~3. Liquidated damages, or il' no liquidat thc Construction Contract. :actual d performance or nun-performance of 7. The Surety shall not be liable to the Ov,'ne thc Contractor that are unre!a~ed to the Con B-'dance of :he Contr;:ct Price shall not bc re of'.',ny such unrckttcd obligations. No rieht d Bond to any person or entity other than (he 0 adn:ini.,4ra:ors, or succes:-ors. 8. Thc Surety hereby waives notice at'any c tim..:', to the Construction Con:rant or to roi: orders and other obligations. 9. Any proceeding. Icg:d ur equitable, under in any court of competent jurisdiction in thc or pa['t of thc wu& is located and shall bc inst Contractor Dcfi~ult or within two years after lng or within two years at:er the Surety re: obli=.ations under this Bond. ,.,.'hichevcr occt this Paraentph arc void or prohibited by I: lin:itation'avaiktblc to sure:ins as a defense shall bc applicable. ~O. Notice to the ,Pure:'..'. ddi,'erad to the :,ddre.-.s <-.own on thc signa~ il. Wh,:a this Bond ha.-. beer. Furai.,,hed to c;t:r's right ~o ct~mpie:e :o ac: tinder Sub?urag.-i;pi~ c'.';hc Surety :o th:: :or under thc Con.,,~r'-'g:i,r. :r to :he Sure:'.' ,~ha[~ not :,.;c coma:irma.':: by the ::ion of co-.es :md :miCa:cd ~.,. i: hun: far carpet:ion eF de:'c,::ive .icr. Contr-'c:: and dcby costs res'.:Mag :~.t:.,h~g t,om ',he .':.g;{L'r.S Or ~,:?.a -. a..Li ~d ,Jam."-ge~ ar-" special, ed in :m-"g::', caused by deia.':cd ~e Coming:or. ' or others ;'or obiiga:ior, s struc:ion Contract. ar.d :he mcr or its heirs. '~aage. ir.ciudir.z change-, ,.cf t¢;J ~ubco;';.lr;:c :s. :hi.', Bond m::y be in.,.tkutc'J Iocadon in .xhich the ,aork ko:ed within two .','ear= al:er he Con',rat:or ceased -..vcrk- Uses or ~ils to ~e,-For..~ ia: :rs ~rs:. It' :~e provis{ca~ cf w. :he mir. imam F..erlod o." ;ac j,'ri,,dic:ion of :~.e sui: re:nec:or sic. all bc maiM. i .--: other kL-';:l reqt, irem¢.'~: ia :ia..:' loc:atica where :~.-' .:o.".s;r'.::::io.'. '.'. F.c~brn:¢d. :tn:.' pro,.ision in :his Bond contllc:in: :`.i:k. 5aid .-:a:u::.-'..' , ,-, ' ,- "~- ' - ' -' ,, · ' "- .-::'rom "n.~ :ro'.'i-,ic.~: c:.-.- ;,'5_ .0', · -:, ...........· vt- .......' - ::~;e.':.:::'.: · . ..... · -re, '. - "'= ~' ':C.r.'~ ' " st=i'.u:ory bond and not as a common !aw Dc~nitions. t". I. Balance oF,,hc Core.:=-'ct Price: Th~. Owner to thc Can:rag:or under thc all propc:' ::djus:men:~ have been thc Contractor of an:.' amounts thc O,vncr in -.ce;kmart of insure ages to which and proper p:::-mer4~ mi:de to or under the Con~:.",:'c:ion Contract. · aZ,2. Con.',;ruc:ion C,~ntrac;: The agree; thc Con:rag:or idc.':.tificd on the Compact Docur,:ca:s ::nd changes I "'.3. Con:re:gear D¢:-:'ult: Faiiure of:he boca remedied nor :,.';:ired. to per with ti:c terms of :he Cons:ructio~ 12.4. Owner De[auk: Failure of thc O~. remedied nor v.::ivcd, to pa.,.' thc Construction Contr,:c: or to with thc other terms thereof. (FOR INFORMATION ONLY--Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect. Engi~ :auq amour: :.-,:.:'..';:~'ie =:.' .'.nc Cons:/:,:lira Con,r:.:: :::":er a::dc, including ailo:t anze :._' c.'?.'ed or .'.o be :ce er ¢:her ti:ires on ~eh;;if oz' :he ug.-.?:ure ~age. ir.,:iu.J{ng 'on:rug:or. '.~. high h".-.5 arm er otherwise :o ,ac.-...=!:.' ~ Contract. mcr. :aa, ich ?.s aei:~.c.' ~c..':: :on::c:or a., required ~:.- :Nc m-.., ::nd comFAe:e or :..':':.;pi} tear or other party}: ~-LEHIBIT B Construction Payment Bond Any singular reference to Contractor, Surety, Owner ~r other party shall be considered plural :(;;~N'TRACTOR (Name and Address): )' NER (N ..... and Address): :~}.,ix,rSTR U CTI ON CONTRACT ,ate: .~.~.OU nt: Descriptio,q (Name and Location): B ND Date (Not earlier th~n Construction Contrac: Date): .4mount: [odificat[ons to this Bqnd Form: 7_..a, NTRACTOR AS P.RINCIPAL :ompany: ~i,',nature: Zame and Title: =..Q, NTRACTOR AS PRINCIPAL :ompany: Signature: ~ame and Title: (Corp. Seal) (Corp. Seal) SURETY (Name and Principal P!ac~ SURETY Company: Signature: Name and Title: SURETY Company: Signature: Name and Title: F"~.DC No. 19[0-28B (1984 Edition) F pared, through thc joint efforts of the Surety Association of America. Engineers' Joint Contract Documents Committe~ C_.:cml Contrac:ors of America. American Institute of Architects. American Subcontractors Association. -',nd thc Associ Contractors. of Business): · T~.e Associated ~ted S~'eclalty ,':Corp. (Corp. Sea!) · ~e Contractor ar, d the Surety.jointly and seve:.~II':', bind themselves. ~eir heirs, executors· administrators, successors and assigns to thc Owner ~ pa'.,' for labor, materials and equipment furnished for use in the Ia;et'faf ~:~':e of the Constructi6n Contract. which is incorporated herein by · With respect to thc Owner. this obligation shall bc null and void iF',h¢ iontractor: '"l. Promptly makes payment, dirccdy or indirccdy, for all sums duc C~aimants. nnd ..2. D¢,~cnds. indcmnifics and holds hat ,r,.~css :he Owe. er from :dl c!aims. demands, liens or suits by any person or eh:ky who Furnished labor, materials or equipment for usc in thc performance of thc Construe'Jan Contract. provided the Owner has promptly notified the Contractor and thc Surety (at the address described in Para- g;':ph 12) of any claims, demands, liens or suits and tendered. defense of such claims, demands· liens or suits to the Contractor and the Surety. and provided there is no Owner Default. · ith respect to Claimants. this obligation shall be nuit and void if thc ]ontmc~or promptly makes payment, directly or indirectly, for ail sums re Surety shall have no obligation to Claimants under this Bond until: I. Claimants '.','ho arc employed by or have a direr', contract v, ith the Contractor have given notice to the Surety (at the address described in ?aragraph 12} and sent a copy. or notice thereof, to ~ thc Owner. stating that a ctaim is being made under this Bond and. with substantial accuracy, thc amount of the c!aim. 4.2. Claimants ;,.'ho do not have a direct contract with the Contractor. I. Have furnished written notice to the Contractor and scat copy. or no{icc thereof, to the O`.`.,ncr. v. ithin 90 days a£ter having last performed labor or last Furnished materials or equip. mcat included in thc claim stating, with substantial accuracy· the ,".mount of the c!aim and the name of the party to whom thc materials were furnished or supplied or ,"or whom thc !abor was dane or peri, armed; and 2. Have ckher receivcd a rejection in whoie or in part from the Contractor· or not received within 50 days o( furnishin~ th'.:' above notice any communication ,"rom the Contractor by which the Contractor has indic:ted the c!;[m '.'.'iii be paid dJrec.:ly or indirectly: and _% ..Not having been paid within the above .~0 days. have sent a '.,,'rit:cn notice, to the Surety (at the :"ddress described in Para- .~:aph 121 ."-nd sent a copy, or no{ia': '~hereof. to th,.: O`.v~.er. stating th."-{ a claim is being made under ;his Bond and a copy of the previous v,'dtten notice Furnished to the Con- tractor. · ""~: r,c:ic: required by Paragraph .4 is ~.i'."en by thc Owner to the i,: ~c:or or to the Surety. that is sufficient compliance · `.',hen the Claimant has satisfied the conditions o/. Paragraph -:. :he ;.:ret;,' shah promptly and at the Surety's e.',;.:ense {:kc thc following c:,;'ms: !. Send an answer to the C!aimant. with a copy to the Owner. within 45 days after rec"ipt of the claim· st::in~ :he amounts th:'4 are ur, disputed and thc basis for challenginff an'..' :mounts tha: are ~ disputed. ' Pa',' or arrar,~e for payment of an'.,' · ': · ' -- . unc:,$pu,c~ &moun(s. .... ~ Surety's total obligation shall not exceed :he amount o~' this Bond. nd the -"mount of this Bond shall be -- ~;,-,~ · c..,.:' .... /'ar aa:,,:· p.'.'..·ments m.',de in ~<~Lf--,;:.h by the Surety. · ~,ountS owed by the Owner to thc Contractor under :he Construction 'o..,':c: shall be used for thc p¢,"formance of the Construction Contract and to satisfy claims, if:m/, under any Cons By thc Co. ntrac:or lorn{shine ;:nd thc Ownc agree that all Funds corned bv thc Con[racet Construction Cataract .".re dcdic::tcd to sad tn:cron and thc Sure:`.' under :his Bnnd. sub to usc thc Funds for thc comp.{trion of thc v.x 9. Thc Surety shaft no; ~e [i::b!c :o the 0'.`.'; obli,='adons of the Contrr. z:or that arc unrck:t of :my Claim:mt under :hi.., Bond. and obEg;t:iuns to make pa.`.'men:s :o. :i;.c notice ha'vt obli,._'ations Ia Ciain:an:.~ under :his Bur In. Thc Surety h,:rcby ;`.:'ives notice of any dmc. to :he Construction Contract or to ret; orders :md other obligor!ans. I 1. No suit or action shall be commenced by other than in a court al'competent jur/sdicfioi work or part of thc `.,.'or:.,: is located or ar{ct from thc date III on which the Claimant Subparagraph -'. I or C',:use '.2 (iii). or'iD service `.,.-as performed by ont.'one or the last furnished by anyone under thc Constructior~ or (2) first occurs. IF :he ;rayS:ions at'this Pan by l--'-,.v, thc minimum pcried oF!i..mkadon avai in :he juri',dicdon of thc s:i: :shall be applica 1"'. Notice to thc Surety. :he Owner or the C delivered to thc address shown on thc notice by Surety. thc Ov,'ncr or thc Con{FaC shall be sufficient compli'.'nce as of the date rc on thc signature page. 15. When this Bond has ~ccn Furnished to o~her !cgal requiremcn,, in :he loc:~don when,, p¢.-:'ormcd, any provisie.~ in :his Bond I¢gal requlremcn: shaii bc dc-.'med J.,:~cted ":, forn:in_c to such so-'au:cry cr mhcr Ic~.::l cc ha. car.aura{cd herein. T?,c i.-.tcn: is. that this [4. Lea'on request bv uny .::ers,.,n or bc.-.c~ciar'/ut' this Bond. :he Com;-',c:or shal if.1. Claimant: An inJ!:'idu:i or endty h the Con{rat:or or :vi,.h a subconu furnish labor· m::eri.--!s or equipmer of{he Con-'.r::c:. ?.e iz:ent ,;'~- u ..... s Bat lin'al{arian in :he terms "!abut. mu;el of water..eas, pm,.'cr. E.cht. hca{. oil or rental equipment used in thc Con: ;urat and en:ine~r!r.-: ~cr'.'ices requ all other i:ems /'cf ':,~.ich: mechan thc jurisdic:io,~ '*kc:: :he labor. furnished. 15.2. Construction C¢.'.:r."c:: Thc :~greem thc Contractor ~d:n'.i;:,¢d on the si [.':.5. Ov,,ner D¢£.',ult: F"iiure of th,: Ov,'r Construction Cun:r"c: or to pa,-for with thc other [:rr,,s thereof. (FOR INFORMATION ONLY--Name, Address and Telephone) ,,LOENT or BROKER: OWNER'S REPRESENTATIVE (Architect. Engin~ ruction ?e~ormanc¢ Bund. :'cccpting this Bond. ;he'..' · in th,.: pan'arm:arise u( thc f'/ oblig-:ions of :hr Con- rk. .cf. Chin:ams or ui?.crs ,"ar :d lo :he Cons:ruction Con- d. ham:e, inc[udin',: chanzcs o{ a Claimant under this Bond , in the location in which th,: thc expiration of on: ye:ar :n'c thc notice retained by on which :he lust'!abut or ~atefials or cqui~m:n: '* ar: Contract. whichc..'er of ( [; graph arc vc~d or ontrac~or sh~il bc m~:i~cd urc p;:~c. Ac:u:~ rc:¢~pt o;' or. hmvcvcr ce~vcd :t ~he address shown comply with a stu:u:ory or the COnStrL:ction wa,.- 10 bc c:ing '.~.i:h ~aid state:or'..' ct' :re,rom and provision.~ ::~,- ::.:!rem::.".: ..,hall bc dc-.'mcC :.:~e::rin_'; :,: ':c a prom::l'..' furnish: cop)' u, r.'in~: dire:: con;:a¢: '.:ia?. nc:or o( : :'or use in :he pc.'":.'orm::nc:: :ds h::?i be :c iht!ode -.'. i:hou: ia~s or equi.:.me:'tt" :hz: par'. ?so,!nc. ;e!cphone se;'.'icc :ruc:~on Con:zac:. rcd for ;e~orm:nce ':rear's sab:or'.:rac:ors. :.-.:J o's lien mx'..' be :'-:-:.-!sls or ::.uipmer,: .~.'.:.'_ ~na:ure pa~e. inc'.udi:.~ ct: e:"e:o. er. '.','h!ch ~:s n-:hbo: ~'~Cn .-t and comp!eec or ccmrk.,' :er or other par;.}'): TO: Certificate of Insurance (Please Use This Form or Approved Equal) Owner Address -- THIS IS TO CERTI3W THAT Date Project No. Type of Project (Name and address of insured) -- is, at the date of tkis certificate, insured by this Company with respect .to operations hereinafter described, for the 9,pes of Insurance and in accorda provisions of the standard policies used by th.is Company, and further ne, cmaz, Exceptions to standard policy noted on reverse side hereof. TYPE OF INSURANCE Policy No. Effective Exaires Limits of Liability Worker's Compensation Public Liability Contingent Liability 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 redu without at least thirty (30) days advance written novice of such change or ca: given to the Ow'her. Where applicable local laws Or regulations requke more than thirty d: of change or cancellation to the insured, the above policies contai requirements, either in the body thereof or by appropriate endorsement ti Name of Insurer By Title :ed in coverage cella[iu,~ ' ' ts actual notice n such special creto SCI~DULE PREVAILING WAGE RATES FOR ENGINEERING (HIGHWAYfl~AVY) CONSTRUCTION CITY OF COPPELL CLASSIFICATION Air Tool Operator Asphalt Heater Operator Asphalt Raker Asphalt Shoveler Batching Plant Weigher Batterboard Setter Carpenter, Rough Carpenter, Helper Concrete Finisher (Paving) Concrete Finisher Helper (Paving) Concrete Fini.~her (Structures) Concrete Finisher Helper (Structures) Concrete Rubber Electrician Electrician, Helper Form Builder (Structures) Form Builder Helper (Structures) Form Liner (Paving and Curb) Form Setter (Paving and Curb) Former Setter Helper (Paving and Curb) Form Setter (Structures) Former Setter Helper (Structures) Laborer, Common Laborer, Utility Mechanic Mechanical Helper Oiler Servicer Painter (Structures) Pipelayer Pipelayer Helper Pneumatic Mortar Operator POWER EQUIPMENT OPERATOR Asphalt Distributor Asphalt Paving Machine Broom or Sweeper Operator Bulldozer, 150 lip and Less Bulldozer, Over 150 tip PREVAILING RATES 7.554 8.00 8.565 8.25 9.371 8.920 9.447 7.695 9.345 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 8.345 8.698 8.104 10.913 8.509 7.037 6.80 PREVAIIJNG RATES 8.404 9.053 7.908 8.703 9.160 CLASSIFICATION Concrete Paving Curing Machine Concrete Paving Finishing Machine Concrete Paving Form Grader Concrete Paving Joint Sealer Concrete Paving Saw Concrete Paving Spreader Crane, Clamshell, Backhoe Derrick, Dragline, Shovel (less than 1 1/2 CY) Crane, Clamshell, Backhoe Derrick, Dragline, Shovel (1 1/2 CY and over) Crusher or Screening Plant Operator Form 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 less) Motor Grade Operator, Fine Motor Grade Operator Roller, Steel Wheel (Plant-Mix Pavements) Roller, Steel Wheel (Other Flat Wheel or Tamping) Roller, Pneumatic (Self-propelled) Scrapers (17 CY or less) Scrapers (over 17 CY) Self-Propelled Hammer Side Boom Tractor (Crawler) 1~0 lip and less Tractor (Crawler) over 150 HP Tractor (Pneumatic) 80 HP and less Tractor (Pneumatic) over 80 HP Traveling Mixer Trenching Machine, Light Trenching Machine, Heavy Reinforcing Steel Setter (Paving) Reinforcing Steel Setter (Structures) Reinforcing Steel Helper Sign Erector Sign Erector Helper Spreader Box Operator TRUCK DRIVER Single Axle, Light Single Axle, Heavy 199~ Page 2 Prevailin~o Wa~e Rates City of Coppell Schedule PRRVAIIJNG 8.213 9.453 8.50 7.350 9.29 9.75 9.513 10.517 9.50 12.00 10.00 8.823 9.311 9.00 10.346 9.891 8.339 7.963 7.403 8.138 8.205 7.793 7.793 8.448 8.873 7.725 7.735 7.615 8.188 12.498 9.218 11.548 8.665 11.436 6.402 6.988 PREVAII JNG RATRS 7.465 8.067 1994 TRUCK DRIVER Tandem Axle or Semi-Trailer Single Axle, Light Single Axle, Heavy Tandem Axle or Semi-Trailer Lowboy-Float WinCh ~ ~ ? ..... Welder Flagger Milling Machine Operator If the construction project involves the expenditure of federal funds in minimum wages to be paid various classes of laborers and mechanics will be based i be determined by the Secretary of Labor to be prevailing for the corresponding mechanics employed on the project of a character similar to the contract work in t~ Except for work on legal holidays, the "general prevailing rate of per diem wa or type of workers or mechanics is the product of (a) the number of hours worked per hours, times Co) the above respective Rate Per Hour. For legal holidays, the "general prevailing rate of per diem wage" for the, workers or mechanics is the product of (a) one and one-half time the above respecti Co) the number of hours worked on the legal holiday. The "general prevailing rate for overtime work" for the crafts or type of wor] and one-half times the above respective Rate Per Hour. · Under the provisions of Article 5159a Vernon's Annotated Texas Statues, th~ as a penalty to the entity on whose behaff the contract is made or awarded, Ten D laborer, worker or mechanic employed, for each calendar day, or portion thereof,: mechanic is paid less than the said stipulated rates for any work under the con~ subcontractor under him. Page 3 Prevnillng Wage Rntes City of CoppeH Schedule PREVAIl.lNG RATES 7.816 7.465 8.067 7.816 9.653 7_507 8.2O 10.459 5.75 6.650 recess of $2,000.00 the tpon the wages that will classes of laborers and e City of Dallas. ge" for the various crafts day, except for overtime ~rious crafts or type of ~e Rate Per Hour times :ers or' mechanics is one : Contractor shah forfeit oHars ($10.00) for each ~uch laborer, worker or act, by him, or by any DIVISION 0 - BIDDING AND CONTRACT DOCUMENTS SECTION 00232 - SUPPLEMENTARY CONDITIONS THESE SUPPLEMENTARY CONDITIONS AMEND THE STAI~ CONDITIONS OF THE CONSTRUCTION CONTRACT (NO. 191 INDICATED BELOW. ALL PROVISIONS WHICH ARE NO SUPPLEMENTED REMAIN IN FULL FORCE AND EFFECT. AMENDED REMAIN IN FULL FORCE AND ~EFFECT AS AMENI ARTICLE 1 - DEFINITIONS Bonds: Revise to read: instruments of security." Calendar Day or Days: excepted. "Bid, pcrformance,,payment, and mainten~ Any successive day or days of the week or Engineer: The word "ENGINEER" in these: contract documents ar be understood as referring to CITY ENGINEER, City of Coppell, P.O. Bo~ 75019, Engineer of the Owner, or such other representatives as may be auth to act in any particular position. . ~: Owner:. The word "OWNER" in these contract documents and spec CITY OF COPPELL acting through its authorized representatives. Working Days: Any days of the week or month, except Saturda holidays of the appropriate jurisdiction, and days of such weather that Wort in a safe manner. Shop Drawings: Add the following language after the s, CONTRACTOR: '*after his review and approval of same". All other terms used in these Supplementary Conditions which are de General Conditions of the Construction Contract (No. 1910-8, 1983 ed.) meanings used in the General Conditions. ARTICLE 2 - PRELIMINARY MATTERS SC-2.2. -~ Amend the first sentence by changing "ten Copies" to be "five copi SECTION 00232 - SUPPI-RMENTARY CONDITIONS DARD GENERAL [0-8, 1983 ED.) AS r AMENDED OR kLL PROVISIONS lED. race bonds and other nonth, no days being d specifications shall 478, Coppell, Texas ~rized, by said Owner ificafions refer to the ts, Sundays, official cannot be continued :cond reference to ~fined in the Standard shall have the same PAGE 1 Imm SC.2.8. Amend the first sentence of paragraph 2.8 to delete the following: after the effective date of the Agreement, but". SC-2.9. Amend the lb'st sentence of paragraph 2.9. by adding the followin the sentence: "If requested by Owner, Engineer or Contractor". SC-2.10. Add the following new paragraph 2.10 immediately after paragrap Conflict of Interest 2.10 City Charter states that no officer or employee of the City interest, direct or indirect, in any Contract with the City, nor shall be directly or indirectly, in the sale to the City of any land, or rights or materials, supplies or services. This prohibition does not apply when the is represented by ownership of stock in a corporation involved, provided amounts to less than one percent (1%) of the corporation stock. Any violat will constitute malfeasance in office. Any officer or employee of the Cic should thereby forfeit his office or position. Any violation of this knowledge, expressed or implied, of the persons or corporations contractJ render the contract voidable by the City Manager or the City Council. The that no employee or officer of the City has an interest in the Contractor. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING $C-3.2. Add the following language at the end of the paragraph 3.2.: "I between the provisions of the Contract Documents and any such specifications, manuals or codes, the provisions of the Contract Documents over that of any standard specifications, manuals or codes." ARTICLE 4 - AVAILABILITY OF LANDS: PHYSICAL CONDITI£ REFERENCE POINTS Add the following new paragraph 4.2.1.1 immediately after paragr 4.2.1.1. In the preparation of Drawings and Specifications, ENGIb and relied upon the following repons of explorations and tests of subsurfac{ of the work: SECTION 00232 - SUPPLEMENTARY CONDITIONS '"Nithin twenty days g at thc beginning of 2.09; ~hall have a financial inancially interested, interest in any land, interest tach stock ownership .on of this prohibition found guilty thereof ~rohibifion with the g with the City shall Contractor represents REVISE there is any conflict referenced standard shall take precedence ~NS: aph 4.2.1.: EER has established conditions at the site PAGE 2 Report dated, March 1990, prepared by Terra-Mar, Inc., Dal "Geotechnical Investigation Gateway Business Park, Phase I, Coppell, Text contained in such report is the log of borings provided in the Appendix represents the conditions only at the point of the boring at the time the bori furnished for general information only. Variations will not be used as a changed conditions. The Contractor may take borings at the site to ,~ subsurface conditions. A copy of this report is included in Appendix A o ARTICLE 5 - BONDS AND INSURANCE SC-5.1. Add thc following after the second sentence as follows: "Contract¢ maintenance bond in an amount at least equal to 100% of the Contract Pric Acceptance Of the work. The maintenance bond shall remain in effect ur the date of final acceptance." Amend the forth sentence of the first paragraph by deleting "as arc list of "companies holding certificates .... and substituting "holding a pen texas, to act as Surety and acceptable according to thc latest list of compani~ of approval from thc State Board of Insurance under 7.19-1 of thc Texas 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 commence w, until he has obtained all insurance required under this paragraph and Itc Central Texas Standard Specifications for Public Works Construction as 1990, and such insurance has been approved by the City, nor shall the ~ subcontractor to commence work on this subcontract until all sim_il subcontractor has been so obtained and approved. · 5.3.1. Compensation Insurance. Thc Contractor shall take out an~ life of this contract Worker's Compensation Insurance for all of his emplo', project and in case any work is sublet, the Contractor shall require the sul tO provide Worker's Compensation Insurance for all of the latter em employees are covered by the protection afforded by the Contractor. employee engaged in hazardous work under this contract at the site of the p under the Worker's Compensation statute, the Contractor shall provide. subcontractor to provide adequate and suitable insurance for the protection otherwise protected. The minimum amount of insurance shall be as follo' Each Accident Disease Each Employee Disease Policy Limit $100,000 $100,000 $500,000 SECTION 00232 - SUPPLEMENTARY CONDITIONS [as, Texas, entitled: .s" thc technical data of thc report and it ag was made and are basis for a claim of afisfy himself as to this document. shall also furnish a at thc time of Final til one (1) year after named in the current nit from the State of ~.s holding certificates nsurance code. .. he following in lieu rk under this contract m 1.26 of the North _amended August 23, 2ontractor allow any ~r insurance of the maintain during the 'ecs at the site of thc contractors similarly ployees unless such In case any class of x~ject is not protected md shall cause each of his employees not ~'S: PAGE 3 5.3.2. Commercial General Liability Insurance. Contractor shall during the life of this contract such General Liability Insurance (includin and underground damage coverage) as shall protect him and any subcontr covered by this contract, from claims for damages for personal injury, inclu as well as from claims for property damages, which may arise from Contract, including blasting, when blasting is done on or in connection project, whether such operations be by himself or by any subcontractor or indirectly employed by either of them. The minimum amount of insuran~ 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 $600,000 $600,000 $50,000 $5,000 5.3.3. Automobile Liability Insurance. The Contractor shall take ou the life of this contract such Automobile Liability Insurance for owned, vehicles as shall protect him and any subcontractor performing work cox, The minimum amount of such insurance shall be as follows: Combined Bodily Injury and Property Damage Bodily Injury odUy jury Property Damage $600,000 per occu $250,000 per pers~ $500,000 per acck $100,000 5.4. Protective Liability Insurance. The contractor shall take out an life of this contract an owners protective liability insurance policy. Coo "occurrence" basis and the policy shall be issued by the same insurance cot contractors liability insurance. The minimum amount of such insurance s Combined Bodily Injury and Property Damage $600,000 per occu $1,000,000 aggregat 5.5. Proof of Carriage of Insurance. The Contractor shall f~ satisfactory proof of carriage of the Insurance required as required by General Conditions. SC-5.6. Amend the fh'st sentence of paragraph 5.6. by deleting the word sentence and substituting the word "CONTRACTOR". SECTION 00232 - SUPPLEMENTARY CONDITIONS ake out and maintain explosion, collapses gtor performing work Jing accidental death, ~perations under this Mth the work of the by any one directly :e shall be as follows: t and maintain during hired and nonowned :red by this contract. rrence )n ~nt maintain during the erage shall be on an apany that carries the aall be as follows:' crence rnish the City with ~aragraph 5.8. of the )WNER" in the first PAGE 4 SC.$.7. Delete this paragraph in its entirety. SC-5.8. ' Amend the first sentence of paragraph 5.8.: (i) by deleting the we: third line of the first sentence and substituting the word "CONTRACTO$ word "CONTRACTOR" in the seventh line of the first sentence and "OWNER", and (iii) by' deleting the words "paragraphs 5.6. and 5.7." o fu'st sentence and substituting the words "paragraph 5.6.". $C-5.10. Delete paragraph 5.10. in its entirety and insert the follOwing in li~ 5.10. If OWNER requests in writing that other special insuram property insurance policy, CONTRACTOR shall, if possible, include su, cost thereof will be charged to OWNER by appropriate Change Order or Prior to commencement of the Work at the site, CONTRACTOR sh~ OWNER whether or not such other insurance has been procured by COb SC-5.11.1. Amend paragraph 5.11.1 to delete reference to paragraph 5.7 in ~ the word "OWNER" in the next to last line and substitute the word "CO SC-5.11.2. ~ :.. Delete paragraph 5.11.2 in its entirety and insert the following in 5.11.2 CONTRACTOR intends that any policies provided in msp~ and 5.6 shall protect all of the parties insured and provide coverage for a~ caused by the perils covered thereby. Accordingly, all such policies shall the effect that in the event of payment of any loss or damage the insurer recovery against any of the parties named as insured or additional insure~ forms are required of any Subcontractor, CONTRACTOR will obtain the SC-5.12." Amend the first sentence of paragraph 5.12 to delete reference to SC-5.14. Delete paragraph 5.14. in its entirety and insert the following in li SECTION 00232 - SUPPI-RMENTARY CONDmONS d "OWNER" in the ?, (ii) by deleting the ;ubstituting the word the third line of the thereof.' :e be included in the :h insurance, and the Written Amendment. fll in writing advise [TRACTOR. e 4th line and delete NTRACTOR". ieu thereof: nse to paragraphs 5.4 . losses and damages :ontain provisions to gill have no rights of [, and if such waiver SalTl~. ,aragraph 5.7. ~u thereof: PAGE5 5.14 If OWNER has any objection to the coverage afforded by ( the insurance required to be purchased and maintained by CONTRACTO paragraphs 5.3 and 5.4 of on the basis of its not complying with the OWNER shall notify CONTRACTOR in writing thereof within ten days ~ of such certificates to OWNER in accordance with paragraph 2.7. Failure any such notice of objection within the time provided shall constitute insurance purchased by the CONTRACTOR as complying with the Cont SC-$.15. Amend the first sentence of paragraph 5.15 to delete the word "sul ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES SC.6.7.1. Amend the sixth sentence of paragraph 6.7.1 to delete the word "s SC-6.15.1. Add the following new paragraph 6.15.1 immediately after paragr, 6.15.1. Recent legislation has removed the sales tax exemption pr Section 151.311 of the Tax Code covering tangible personal property pure for use in the performance of a contract for the improvement of City-own It is still possible, however, for a contractor to make tax-flee purchas property which will be incorporated into and become part of a City constrt the use of a "separated contract" with the City. A "separated contract" is charges for materials from charges for labor. Under such a contract, the. "seller" of those materials which are incorporated into the project, suc concrete, paint, etc. The contractor issues a resale certificate in lieu of p~ the time such items are purchased. The contractor then receives an exem the City for those materials. (This procedm'e may not be used, however, f( not become a part of the finished product. For example, equipment rental,~ are not considered as becoming "incorporated" into the project). Utilization of this "separated contract" approach eliminates the neex in sales tax for materials which are to be incorporated into the project. Tt bid form will be used to develop the "separated contract" and will detem tax exemption. Upon execution of the construction contract, the conu breakdown (per item) of 1) materials incorporated into the project; and supervision and materials not incorporated into the project. SC-6.20. Amend the last sentence of paragraph 6.20 to delete the word "su[ SECTION 00232 - SUPPLEMENTARY CONDmONS )r other provisions of R in accordance with 2ontract Documents, ,f the date of delivery by OWNER to give acceptance of such tact Documents. )stanfial". abstantial". )h 6.15.: viously provided by lased by a contractor :d realty. e of tangible personal cfion project through one which separates :ontractor becomes a h as bricks, lumber, tying the sales tax 'at >fion certificate from ir materials which do form materials, etc.~ for bidders to figure e successful bidder's fine the extent of the actor shall furnish a 2) labor, equipment, ,stanfial". PAGE 6 ARTICLE 7 - OTHER WORK SC-7.1 Delete the last sentence of paragraph 7.1 and substitute the followin shall coordinate such other work with the CONTRACTOR and schedul~ delay caused to the CONTRACTOR. No additional time shall be given to~ for such related work except as provided in paragraph 7.5 and Article 12. SC-7.5. Add the following new paragraph immediately after paragraph 7.4. "SC-.7.$. Should CONTRACTOR cause damage to the work or prop Contractor at the site, or should any claim arising out of CONTRACTOR' Work at the site be made by any separate Contractor against CONTIt ENGINEER, Consulting Engineer or any other person, CONTRACTOR s to settle with such other Contractor by agreement, or to otherwise re: arbitration or at law. CONTRACTOR shall, to the fullest extent per Regulations, indemnify and hold OWNER, ENGINEER and Consulting Er and against all claims, damages, losses and expenses (including, but nc engineers, architects, attorneys and other professionals and court and arbi directly, indirectly or consequentially out of any action, legal or equit~ separate Contractor against OWNER, ENGINEER or Consulting Engine~ on a claim arising out of CONTRACTOR's performance of the Work Contractor cause damage to the work or property of CONTRACTOR or sh of work by any separate Contractor at the site give rise to any other clai shall not institute any' action, legal or equitable, against OWNER, ENGI] Engineer or permit any action against any of them to be maintained and ¢ or for its benefit in any court or before any arbiter which seeks to imp~ recover damages from OWNER, ENGINEER or Consulting Engineer on damage or claim. If CONTRACTOR is delayed at any time in performin by any act or neglect of a separate Contractor and OWNER and CONT! to agree as to the extent of any adjustment in Contract Time CONTRACT~OR may make a claim for an extension of time in accordance extension of the Contract Time shall be CONTRACTOR's exclusive re~ OWNER, ENGINEER and Consulting Engineer for any delay, dismr hindrance caused by any separate Contractor." ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION SC-9.2. Amend the last sentence of paragraph 9.2. to delete the following: "~ qualified design professional". SC-9.10. Delete Paragraph 9.10 in its entirety and insert the following in lie SECTION 00232 - SUPPLEMENTARY CONDITIONS g: The ENGINEER events to minimize he CONTRACTOR :rty of any separate s performance of the ACTOR, OWNER, .aall promptly attempt '.olve the dispute by ~tted by Laws and gineer harmless from limited to, fees of ration costs) arising ble, brought by any :r to the extent based · Should a separate ould the performance aa, CONTRACTOR qEER or Consulting ontinued in its name ~se liability on or to account of any such g or furnishing Work ',ACTOR are unable attributable thereto, with Article 12. An nedy with respect to tion, interference or ts an experienced and u thereof: PAGE 7 9.10. ENGINEER will have authority to determine the actual quantities items of Unit Price Work performed by CONTRACTOR, and the ENGINEER on such matters will be f'mal, binding on OWNER and CO! subject to appeal (except as modified by ENGINEER to reflect change, Engineer will make determination of actual quantities in accordance with lv identified for Unit Price Work where such methods are so identified in the ARTICLE 11 - CHANGE OF CONTRACT PRICE SC-11.9.3. Paragraph 11.9.3 is hereby deleted in its entirety and the follo, paragraph 11.9.3.1 through 11.9.3.4, is substituted in lieu thereof: '*The 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 Work an of the Contract Price and the variation in the quantity of that particular iter performed by Contractor differs by more than 20%, both over and undel quantity of such item indicated in the Agreement; and 11.9.3.2. if there is no corresponding adjustment with respect to an, and 11.9.3.3. if CONTRACTOR can demonstrate that it has incurred a result thereof; or 11.9.3.4. if OWNER can demonstrate that the quantity variafi adjustment in the unit price, either OWNER or CONTRACTOR may: adjustment in the Contract Price in accordance with Article 11 if the pattie as to the effect of any such variations in the quantity of Unit Price Work ARTICLE 12 - CHANGES OF CONTRACT TIME SC-12.2. Add the following at the end of paragraph 12.2.: "No extension of ! be allowed unless the CONTRACTOR can demonstrate the delay caused the critical path and that loss of time can not be made up by revising the of the project." ARTICLE 13 - WARRANTY AND GUARANTEE: TESTS AND IN SC-13.4.1. Add the following new paragraph 13.4.1. immediately after paragr SECTION 00232 - SUPPLEMENTARY CONDmONS md classifications of ~ritten decisions of [TRACTOR and not ! factual conditions). ;easurement Methods Contract Documents. ring, including new to re-evaluation and ~ounts to 5% or more of Unit Price Work from the estimated other item of Work; ddifional expense as on entitles it to an rake a claim for an s arc unable to agree 3erformed." ' te contract time shall an adverse impact to equence of the work ;PECTIONS: ~.ph 13.4.: PAGE 8 13.4.1. Observation of the contractor's work to determine complian specifications will include testing of materials installed on the projecl performed and materials furnished shall be done by a commercial labora Contractor and acceptable to the OWNER. The Contractor shall furnish, a necessary specimens for testing of the materials. All materials not requirements of the specifications will be rejected. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETI¢ SC-14. Amend to delete all reference to "substantial completion" and replac ARTICLE 16 - ARBITRATION Delete this article in its entirety. o0o SECTION 00232 - SUPPI~FMENTARY CONDITIONS :e with the plans and · Testing of work >ry employed by the his own expense, all conforming to the }N e with "completion". PAGE 9 DIVISION 1 - GENERAL REQUIREI~ ~ENTS DIVISION 1 - GENERAL REQUIREMENTS SECTION 01001 - GENERAL PROJECT REQUIREMENTS 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 Pro.|ect Manager: The "Project Manager" fm Catellus Development Corporation, 5429 LBJ Freeway, Suite 600, Dallas, T~ their Engineer Albert H. Halff Associates, Inc., 8616 Northwest Plaza 75225. It is understood and agreed that City and Catellus will be working with this project, however, to the extent this section calls contract or appr shall be required of City only to the extent and in the manner authorized b] shall define the scope of the non-compensated project manager. A. Bidding Phase: In compliance with standard municipal re shall advertise the Project for bidding. Catellus, repres¢ distribute bid packages (including Contract Documents, Pla~ from the offices of Albert H. Halff Associates, Inc. Bids public opening, at Coppell City Hall, by Catellus and City s~ opening of bids, Catellus and the City will, in closed mee] review the bids and will mutually select the Contractor to '~ be awarded. Catellus will work with the successful Contr, Contract Documents with the successful Contractor, in municipal requirements. Upon final approval and award of City, the Project will be ready for construction. Construction Phase: Catellus shall employ Albert H. Hal serve as Project Engineer for the Project and Catellus shall e: and materials testing consultant (to be named) to perform q~ as required, for the Project. Catellus shall schedule and me and weekly construction progress meetings between th Contractor. Catellus shall oversee and manage the construct shall provide written progress reports to the City on a bi-w, shall be responsible, along with Project Engineer, for peffor inspections and testing and for providing written reports of i~ to the City. Catellus shall obtain all progress lien waivers shall review and approve all progress pay requests submitt and Project Engineer and shall submit these requests for I Payment checks shall be forwarded to Catellus for delivery t~ SECTION 01001 - GENERAL PROJECT REQUIREMENTS govern in the event t" or "Supplemental City of Coppell, 255 this project shall be ;xas, 75240-2609 and )rive, Dallas, Texas, :losely in connection >ye any matter, such law. The following tuirements, the City nting the City, will s and Specifications) ~ill be received in a :afl. After the public ings, simultaneously 'horn the Project will ctor and will review :ompliance with all the Contracts by the If Associates, Inc. to x~ploy a geotechnical ~ality control testing, nage preconstrucfion 'oject Engineer and on of the Project and :eldy basis. Catellus ming all construction tspections and testing from Contractor and :d by the Contractor ~ayment by the City. the Project Engineer PAGE 1 and Contractor. Catellus shall review and approve any req or field changes and shall submit them for approval and Upon completion of construction of the Project, Catellus construction, shall obtain Project Engineer's certification [ completed in accordance with the Contract, as amended orders, shall obtain final lien waivers from the Contractor, requests and shall submit pay requests to the City for apprc C. The City's obligations and responsibilities, as related to the P Design Phase: The City shall review and approve and Specifications, as submitted by Catellus. Bidding Phase: The City shall accompany Catel opening and recording of bids and shall review th, select the successful Contractors with Catellus. Construction Phase: The City shall accept, revie,~ progress reports, inspection reports and testing res~ review and approve all progress payment reques payment approval to NationsBank Trust Departme _timely manner. The City shall review and approve c changes submitted for approval by Catellus. Any c changes up to $10,000.00 will be approved by Cig orders or field changes exceeding $10,000.00 will re City Council. The City shall review and approve and obtain, in a _timely manner, the City Council's payment and shall then submit payment approval payment in a timely manner. The City may, construction meetings or inspect the work, but the ( cause, delay the progress of the Project. 1.4 Project Engineer: The "Engineer" as referred to in these Specit Halff Associates, Inc., 8616 Northwest Plaza Drive, Dallas, Texas, 75225. 1.5 En~,ineer: The "Engineer" as referred to in these Specifications is 255 Parkway Boulevard, P.O. Box 478, Coppell; Texas 75019. 1.6 Site: The Contractor shall limit his work to the area shown on the within the street right-of-way and utility easements. Entrance onto privat~ the expressed approval of the City Engineer only and the Non-Compensm 1.7 Pro. iect Description: This Contract consists of construction of land improvements, and other miscellaneous improvements as shown in the co~ Completion for this project will include removal of all objection asphalt or concrete and other construction materials, and in general prepari~ in an orderly manner and appearance, completion of any other work reql SECTION 01001 - GENERAL PROJECT REQUIREMENTS acsted change orders ayment by thc City. hall approve Project at all work has been by approved change ~hall obtain final pay val and payment. roject, are as follows: ~oject Design Plans us in thc receiving, bid submittals and and file all Project Its. The City shall ts and shall submit at for payment in a hange orders or field aange orders or field ' Staff. Any change luke the approval of ~e final pay requests approval of the final to NafionsBank for at any time, attend .'ity shall not without icafions is Albert H. the City of Coppell, Project Drawings as ; property shall be at ~ Project Manager. ~caping and irrigation tstmction documents. able rocks, pieces of [g the site of the work ~ked by the Contract PAGE 2 Documents, and acceptance by the City of Coppell, Texas, and the Non-i Manager. 1.8 Working Day Count: Working days shall be counted by the the definition set out in the General Conditions of Agreement. The working day count shall be suspended upon receipt by the request for final inspection. The working day count shall resume upon rec¢ of a written list of items necessary to satisfactorily complete the project continue until such time as the project is accepted by the Engineer and ti 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 Breac completion time of each Working day count bid will cause damage to damages cannot be measured and the ascertainment will be difficult. every calendar day any work, or any portion thereof, shall remain ut expiration of the time limit set under this contract, or as extended by the $1,000.00 per calencl~r day (unless otherwise specified in the General deducted from the money due or become due to the Contract, not as a peru damages, and added expense including administrative and inspection costs 1.10 Safety Precautions: The Contractor shall comply with all applical: Occupational Safety and Health Act of 1970, ordinances, rules, regulatio~ public authority having jurisdiction for the safety of persons or property damage, injury, or loss, He shall erect and maintain, as required by exi progress of the work, all reasonable safeguards for safety and protection, incl signs and other warnings against hazards, promulgating safety regulations and users of adjacent utilities. 1.11 Soil Investigation: A copy of the geotechnical report prepared for in the Appendix. The Owner does not represent that the available recordf existing conditions and does not guarantee any interpretations of these rec~ assumes all responsibility for interpretations of these records and for male the nature of materials to be excavated, the difficulties of making and mai excavations and of doing other work affected by the geology of the site. 1.12 Finished Grades: The Contractor shall be responsible for grading foot to conditions existing prior to beginning construction. 1.13 · Conformity with Drawings: All work shall conform to the lines, and dimensions shown on the Drawings. Any deviation from the Dra~ required by the exigencies of construction will be determined by the Engim him in writing. 1.14 Stop Work Order: If the work should be stopped or suspended u court, or other public authority, the Owner may at any time during suspens written notice to the Contractor, terminate the Contract. In such an even~ SECTION 01001 - GENERAL PROJECT REQUIREMENTS 2ompensated Project ineer on the basis of ngineer of a written ipt by the Contractor This process shall Non-Compensated he Contract for the h of Contract as to he Owner, but such :refore, for each and ~completed after the }wner, the amount of Conditions) will be lty, but as liquidated ~e laws including the ~s and orders of any :o protect them from sting conditions and uding posting danger md notifying owners ae project is included show completely the a'ds. The Contractor ng conclusions as to ntaining the required plus or minus 0.10- ades, cross-sections, lings which may be :er and authorized by ader any order of the ion, upon seven days the Owner shall be PAGE 3 / liable only for payment for all work completed plus a reasonable cost for a~y expenses resulting from the temp.'nation ~f the Contract, but such expenses shall not exceed !5,000. persons and property while said persons or property are approaching, leavi~tg or within the work site or any area adjacent to said work site. No separate compensation will be paid to the Contractor for the installation or maintenance of any warning devices, ba.'dcades, lights, signs or any other precautionary measures required by law for the protection of persons or property. Thc Contractor shall assume all duties owed by thc appropriatc City in connection with the general public's immediate approach to and travel and area adjacent to said work site. to thc general public hrough the work site federal and state law (by failing to furnish the necessary flagmen, warnin1 lights, signs or other precautionary measures for the protection of pers~ Engineer may order such additional precautionary measures as required protect persons and property, and to be reimbursed by the Contractor for in ordering such additional precautionary measures. In addition, the Contractor will be held responsible for all damages public or private property due to the failure of warning devices, barricades, precautionary measures in protecting said property, and whenever evide~ damage, the Engineer may order the damaged portion immediately remove~ at the cost and expense of the Contractor. All of this work is considered in be a separate pay item. The Contractor and his sureties shall indemnify, defend and save h~ the Non-Compensated Project Manager and all of its officers, agents an~ suits, actions or claims of any character, name and description brought for injuries or damages received or sustained by any person, persons or prope operations of the Contractor, his agents, employees or subcontractors; ¢ negligent act or fault of the Contractor, his agents, employees or subcontra of said contract; or on account of the failure of the Contractor to p barricades, warning lights or signs; and shall be required to pay any judgr may be obtained against the Owner and/or the Non-Compensated Project of such injury or damage. SECTION 01001 - GENERAL PROJECT REQUIREMENTS devices, barricades, as or property), the y law to be taken to ~ny expense incurred Io the work and other signs,' lights, or other Ice is found of such [ and replaced by and eidental and shall not mless the Owner and employees from all or on account of any rty on account of the r on account of any :tots in the execution .'ovide the necessary aent, with cost which ~'Ianager growing out PAGE 4 Where the work is carried on, in, or adjacent to, any street, al ey, sidewalk, public right-of-way or public place, the Contractor shall at his own cost and expense provide such flagmen and watchmen and furnish, erect and maintain such warning devic es, barricades, lights, signs and other precautionary measures for the protection of persons or prgperty as are required by law. The Contractor's responsibility for providing and maintaininglflagmen, watchmen, warning devices, barricades, signs, and lights, and other precautionary measures shall not cease until the project shall have been accepted. / .I If the Engineer discovers that the Contractor has failed to compl,, with the applicable 1.16 Existing Utilities, Structures and Other Property: Prior to any excaVation, the Contractor shall determine the lo water, gas, sewer, electric, telephone, telegraph, television, ~t utilities and structures. After commencing the work, use every precaution to avo existing underground and surface utilities and structures, damage. Where the locations of existing underground and surface u are indicated, these locations are generally approximate, and be encountered during the wOrk are not necessarily indica shall determine the exact locations of all items indicated, locations of all items not ~indieated. The Contractor shall repair or pay for all damage caused b) existing utilities, public property, and private property, whett or above ground, and he shall settle in total cost of all dart arise as a result of his operations. To avoid unnecessary interferences or delays, the Contractc utility removals, replacements and construction with th~ company. 1.17 Drainal~e: The ContractOr shall maintain adequate drainage at all 1.18 Insurance: The Contractor shall not commence work under this obtained all the insurance required hereunder and such insurance has approved by the Non-Compensated Project Manager and the Owner. App: by the Non-Compensated Project Manager and the Owner shall not rel liability of the ContractOr. -' Before commencing the work, the Contractor shall furnish the Ow~ of Insurance showing the company or companies carrying the aforesai~ effective date and expiration date of said policies. Certificates shall provide not less than fifteen (15) days~ written notice of any cancellation or ch; coverage, ff the expiration date of such insurance occurs during the t~ renewal Certificates shall be furnished not less than fifteen (15) days before 1.19 Permits: The Contractor shall, at his expense, secure all peru completing of the improvement under this project, including but not limite¢ Note: The 2% construction permitting, inspection fee required by the apply to this project. SECTION 01001 - GENERAL PROJECT REQUIREMENTS cations of all existing ad other underground id interferences with td protect them from tilities and structures all items which may ted. The Contractor nd the existence and his operations to all ter it is below ground age suits which may r shall coordinate all appropriate utility 2ontract until he has been filed with and oval of the insurance [eve or decrease the ~er with a Certificate coverages with the that Owner be given tnges that affect the ;rm of the Contract, such expiration date. fits required for the to a NPDES permit. of Coppell does not PAGE 5 1.20 Ambi~,uit_v: In case of ambiguity or lack of clearness in stating p: the Owner reserves the right to adopt the most advantageous construction 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 Contract Doc~ as if called for by all. In the event of conflict between the Drawings and ~ Contractor will be deemed to have assumed the more expensive way of d~ before submitting a bid, the Contractor shall have asked for and obtain decision as to which method or material is intended. The North Central Texas Council of Governments (N.C.T.C.O.G.) St for Public Works Construction are the governing specifications for tl applicable in all cases except as noted herein and as amended by the City o: by Albert H. Halff Associates, Inc. in the Special Provisions to Standard Sp~ Works Construction contained herein. Where N.C.T.C.O.G. Standard Specifications do not adequately desc of construction, and/or workmanship, the appropriate City Standard Specif The Contractor shall provide a copy of N.C.T.C.O.G. Standard Spe on the project site at all times. 1.22 Nondiscrimination: The Contractor shall not discriminate ag_ai~ applicant for employment because of race, age, color, religion, sex, ancesl~ place of birth. Thc 'Contractor shall take affirmative action to ensure employed, and that employees are treated during employment, without reg color, religion, sex, ancestry, national origin or place of birth. This action be limited to, the following: employment, upgrading, demotion or terrain other forms of compensation; and selection for training, including apprentice agrees to .post in conspicuous places, available to employees and appl provided by the Owner setting forth the conditions of this nondiscriminati The Contractor shall in all solicitations or advertisements for empl¢ behalf of the Contractor, state that all qualified applicants will recei employment without regard to race, color, religion, sex, age, ancestry, nat of birth. The Contractor shall furnish all information and reports required designed to investigate his payroll and personnel records which pertain t¢ contracts with the Owner for purposes of ascertaining compliance with ~ opportunity clause. The Contractor shall file compliance reports with the Engineer as rr Non-Compensated Project Manager and/or the Owner or their agents or reports must be fried within the time, must contain information as to the e SECTION 01001 - GENERAL PROJECT REQUIREMENTS .-ices in the Proposal, thcreof to thc Owncr tuirements of these Fact Documents are ments are as binding ~e Specifications, the Ping the work unless, ~d (by addendum) a andard Specifications ds contract and arc ~ Coppell, Texas, and ,cifications for Public .qbe material methods ications shall govern. :ifications to be kept ~st any employee or y, national origin, or that applicants are u'd to their race, age, shall include, but not ation; rates of pay or ship. The Contractor .cants, notices to be ~n clause. yees placed by or on ~e consideration for [onal origin, or place by the Owner or his . current construction is equal employment ay be required by the assigns. Compliance mployment practices, PAGE 6 policies, programs, and statistics of the Contractor, and must be in the for his designed prescribes. If the Contractor fails to comply with the equal employment opportm contract, it is agreed that the Owner, at its option, may do either or both a. Cancel, terminate, or suspend the contract in whole or in p Declare the Contractor ineligible for further contract until h~ in compliance. 1.23 Subsidiary Work: Any and all work specifically governed by docu, for the project, such as conditions imposed by the Plans, the General Corn General Conditions, or these Special Conditions, in which no specific il provided for in the Proposal, shall be considered as a subsidiary item of wc shall be included in the price bid in the Proposal, for each bid item. Su clean-up are general items of work which fall in the category of subsidiar 1.24 Release of Lien: The Contractor shall be required to exe materialmen's lien releases upon receipt of payments. 1.25 Payment: Payment will be made for work completed on a: Contractor shall submit monthly payment requests in a detailed Item by Ite~ to the Engineer (see Appendix B). Ten percent (10%) will be retained unl Contract is completed and accepted by Engineer, Non-Compensated Project Only after f'mal completion and acceptance will the f'mal estimate be submitl be made. .- 1.26 Project Record Documents: ..... -:a. · ' Description The Contractor shall maintain at the site for the Owner's pe copy of: 2. 3. 4. 5. 6. Drawings Specifications Addenda Change Orders and other Modifications to the Contr Shop Drawings, Product Data and Samples Field Test Records b. Maintenance of Documents and Samples Documents and samples shall be stored in Contracu from documents used for construction. SECTION 01001 - GENERAL PROJECT REQUIREMENTS m that the Owner or tity conditions of this f the following: ~ is determined to be aentary requirements itions, Supplemental '~m for bid has been rk, the cost of which trace restoration and work. ate mechanics and nonthly basis. The n format satisfactory il all work under the Manager and Owner. ed and final payment rmanent records one act }r's field office apart PAGE 7 de Documents shall be maintained in a clean, dry, legi good order. Record documents shall not be used for cl Documents and samples shall be made available at all by the Owner. Recording 1. Each document shah be labeled "PROJECT REC( printed letters. 2. Information shall be recorded concurrently with corn a. No work shall be concealed until required infi 3. Drawings shall be legibly marked to record actual cm a. Depths of various elements of foundation in b. Location of appurtenances concealed in the ce to visible and accessible features of the struc~ c. Changes of dimensions and detail. d. Changes made by Change Order. e. Details not on original contract drawings. 4. Each specification and addenda section shall be legit a. Manufacturer, trade name, catalog number ~ product and item of equipment actually insta2 b. Changes made by Field Order or by Change Submittals At Contract close-out, Record Documents shall be d Submittals shah be accompanied with transmittal containing: 1.27 Project Field Office: Date Project title and number Contractor's name and address Title and number of each Record Document Signature of Contractor or his authorized rep A project field office is not required for thi SECTION 01001 - GENERAL PROJECT REQUIREMENTS ~le condition and in )nstrucfion purposes. times for inspection )RD" in neat, large .trucfion progress. ~rmafion is recorded. tstmcfion as follows: elation to finish slab tstruction, referenced .UI~. ly marked to record: md supplier of each led. Order. llivered to Owner. letters in duplicate, resentafive contract. PAGE 8 1.28 Utilities for Construction: All utilities required for construction wi' 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 at least The Contractor shall bear the entire cost of inspection (4 hour minimum) fo amount to be withheld from any monies to be due or to become due to completion of this contract. Any additional costs associated with workin be borne by the Contractor. No work will be allowed on Sundays. 1.30 Material Storage: Materials may be stockpiled on site at loca~ Owner and the Non-Compensated Project Manager. The storage site shall pre-construction meeting after the award of contract. The Contractor shall be fully and legally responsible for safeguardin storage site. The Contractor and his sureties shall indemnify, defend an Owner and the Non-Compensated Project Manager and all of their officers, from all suits, actions or claims of any character, name and description brou of any loss at this location. Before any flammable liquids or fuel is transported into the City or., limits, the Contractor shall contact the respective City Fire Marshall regulations. If necessitated, Contractor, at his expense, shall erect a tempor materials inside of the fenced area. The Contractor shall maintain the storage area in a neat and orderly n acceptance of the project by the owner the areas used for storing petroleum where spills may have occurred will be inspected by owners representative tl for Total Petroleum Hydrocarbon (T.P.H.) is necessary. T.P.H. in excess of 100 mg/kg (ppm) shall be excavated and dispo: with applicable state and Federal Regulations at the Contractor's exper be furnished by the ~erformed on these 48 hours in advance. r this work with said the Contractor upon on these days shall .ns approved by the be determined at the ;materials within thc d save harmless the gents and employees ht for or on account >red within the City for any applicable u'y fence and store tanner. Prior to final ~roducts on any area , determine if testing ;ed of in accordance .se. Soil testing to determine compliance will be performed by the Owner at the Contractor'slexpense. ___ ! 1.31 Debris Maintenance: The Contractor at all times shall keep the ~onstmction site free from accumulation of waste materials, rubbish, debris, etc. caused by hi_~ operations. Waste materials, rubbish, debris, etc. shall be cleaned up daily and removed from tl~e project site at least once a week. No payment will be made for this work, its cost being sut,sidiary to the entire project. 1.32 Disposal of Waste and Surplus Excavation: All waste mater construction, including but not limited to old pavement, subgrade material, t~ debris, unless otherwise noted will become the property of the Contracto~ offsite by him at his own expense. SECTION 01001 - GENERAL PROJECT REQUIREMENTS .als removed during ecs, shrubs and other and be disposed of PAGE 9 1.33 Temporary Use of Materials: No material which has been used any temporary purpose whatever is to be incorporated in the completed consent of the Owner. 1.34 Preservation of Trees: Permission of the Engineer must be obtaine on the property that obstruct the grading or other improvements as outlined i requested, the Engineer will mark the trees to be saved. Penalty for destruc permission shall be $500.00 each, payable to the Owner. If damage is co: shall be erected when so directed by the Engineer at the Contractor's expe 1.35 Temporary Erosion Control: A Storm Water Pollution Prevention construction project will be prepared by the Contractor as required under amended, under the authority of the Clean Water Act, 33 U.S.C. 1251 requires a permit for construction activities including clearing, grading, disturbs five acres or more of total land area or is part of a larger dew Contractor will be required to submit a Notice of Intent (NOI) as a co-pc: of Coppell at least two (2) days prior to the commencement of constructic The Contractor shall provide on the plan measures to control soil erosion pollution created by construction operations during the duration of the cont the Contractor shall divert off-site flows around the construction area or ct hay bales and/or silt fences around ail erodible stockpiles such as excaw stockpiles, sand and embedrnent stockpiles. The Contractor shall not alloy to be discharged onto the ground or any surface where it will eventuall) storm sewer system. Storm Water Pollution Prevention means and rnethod~ requirements of the NCTCOG manual Storm Water Quality Best Manat Construction Activities, First Edition, February 1993 and the Standard Sp¢ No payment will be made for this work, its cost being subsidiary to the en~ silt will be removed when it reaches a depth of six inches. Maintenance device includes replacement as directed by the Engineer at no additional equipment, materials, and labor necessary to control soil erosion for subsidiary to the entire project. PART II - MATERIALS Not applicable PART IH. INSTALLATION Not applicable PART IV - PAYMENT 4.1 Payment for the work described in this section shall be made only item for payment provided in the Contractor's proposal. All other work incidental and subsidiary to the various bid items and payments made und shall be considered as full compensation for these requirements. o0o SECTION 01001 - GENERAL PROJECT REQUIREMENTS ~y the Contractor for cork without written for removal of trees this project. When Jon of a tree without ~tinuous, tree guards nsc. Plan (SWP3) for this 40CFR Part 122, as · .t seq. This section and excavation that :lopment plan. The mittee with the City n. sediment and water tact. At a minimum, ~nstmct and maintain ~d material, topsoil petroleum products be washed into the shall conform to the rement Practices for cificafions. ire project. Trapped f the erosion control :ost to the City. All tis contract shall be if their is a specific shall be considered :r specific pay items PAGE 10 Trenching: Remove lumber, rubbish and large rocks from t~ uniform bearing for entire length of each pipeline to preve! Wedging or blocking of pipe will not be permitted. Remove from inside of pipe before welding, and keep piping clean d~ of pipe. See drawings. PVC pipe shatl not be installed when there is water in the pipe be laid when temperature of 40 degrees or below or PVC pipe will expand and contract as the temperature chan shall be snaked from side to side of trench bottom to allo contraction. 3.3 PVC PIPE AND FITTING ASSEMBLY: Solvent: Use solvent recommended by manufacturer to: joints following standards noted herein. Thoroughly clean pil dust and moisture before applying solvent. All pipe connecti and non-gasketed jointed pipe shall be cleaned with accept~ PVC to Metal Connection: Work metal connections fn'st. pipe dope such as Permatex No. 2 on threaded PVC to m light wrench pressure. Threaded PVC Connections: Where required, use threade which pipe may be welded. 3.4 COPPER TUBING AND FITTING ASSEMBLY: Clean pipe and fittings thoroughly and lightly sand pipe cc residue from pipe. Attach fittings to robing in an approved m solder. 3.5 POP-UP SPRAY HEADS: Pop-up spray heads shall be installed on a flexible PVC nipple piping illustrated on the drawings. Heads shall be installed with und with the finish grade. CONTRACTOR will be required to adjust he~ establishment of grass. 3.6 ROTARY HEADS: Rotary heads shall be installed on a triple swing-joint assembly a~ each head 1/4" below finish grade. 3.7 QUICK COUPLING VALVES: Quick coupling valves shall be installed with the top of the cove finish grade. Quick coupling valve shall be installed on a triple SECTION 02751 - IRRIGATION SYSTEMS (GENERAL) ~nches. Provide firm, tt uneven settlement. foreign matter or dirt a'ing and after laying ~nch, nor shall PVC ,hen rain is eminent. ges. Therefore, pipe s' for expansion and hake solvent-welded and fittings of dirt, ons 1-1/2" and larger ble PVC cleaner. Jse a non- hardening ~tal joints. Use only t PVC adapters into ,nnecfions to remove anner using lead-free tirecfly on to lateral erside of flange flush tds as necessary after d set with the top of r 1/2-inch below the swing-joint assembly PAGE 10 with a 1-inch gate valve as illustrated on the drawings. A valve 1 detail shall be installed around the quick coupling valve. ~ Und CONTRACTOR must remm after grass is established and adjust proper grade. ., 3.7 MANUAL AND ELECTRIC VALVES: Manual and electric valves shall be sized and located where shoa valve boxes shall be flush with finished grade. The CONTRACTO] adjust after establishment of grass. Valve boxes shall be propex sufficient construction that tractors and mowers crossing over the boxes down and crush the pipe, valve or box. 3.8 ELECTRIC CONTROLLERS AND VALVES: Electric controller(s) shall be located as shown on the plans of operating the number of stations indicated on the pl, designed to operate only one section at a time, unless otb plans. The CONTRACTOR shall install the size controller Sl Controllers shall be located where shown on the plans am manner as to allow the operator to view a maximum area of The CONTRACTOR shall provide electrical service as requ plans. All electrical work shall be done in accordance with and permits and standard industry procedures. 115 Volt or be installed a minimum 24 inches deep. Paint controller box with two coats of rust inhibitive Manufacturer's recommendations for surface preparation an~ or brush application will be acceptable. tt will be the responsibility of the CONTRACTOR to fm proper size wire on each of the low voltage circuits from the ~ to the various section automatic valves. Also see Section 2. Consideration will be given to each circuit for allowanc economy consistent with accepted practices of electrical in,, circumstances shall the voltage of any branch circuit be redu~ due to length of run exceeding the maximum allowable for Remote electrical control valves shall be located and sized a~ All electrical connections shall be made when the weather is kits in strict accordance with manufacturer's recomr CONTRACTOR shall submit connection kit data as require~ ELECTRIC POWER: Electric power, meter pedestal, met{ operate the control(s) shall be fmmished by the CONTRACT SECTION 02751 - IRRIGATION SYSTEMS (GENERAL) )ox as shown on the Jr the warranty, the heads and boxes to 'n on plans. Top of .~ will be required to ly supported and of boxes will not push and shall be capable ns. The system is erwise noted on the ~ecified on the plans. I oriented in such a he irrigation system. zed by the irrigation all applicable codes larger services shall enamel. Follow application. Spray fish and install the naster control center 1.D. ~ voltage drop and tallation. Under no ed more than proper :he wire size used. shown on the plans. dry with connection aended procedures. under Section 1.3. drop and meter to DR.unless otherwise PAGE 11 3.9 3.10 3.11 noted on the plans. Service wiring to the breakers and disc~ and the controller cabinet shall be furnished by the CONTR~ 'otherwise on the drawings. THRUST BLOCKING: he All main line piping shall be installed with concrete thrust blocking of main line piping, see drawings. TESTING: Sprinkler Mains: Test sprinkler main only for a period of normal water pressure. If leaks occur or pressure drop, reph repeat test. Complete tests prior to backf'flling (See Section 3.1, Paragr; compacting). Sufficient backfill material may be placed fittings to insure stability of line under pressure. In each cz coupling open to visual inspection for full period of test. The CONTRACTOR shall furnish all water necessary for jetting unless otherwise noted. BACKFILL AND COMPACTING: Be After the system is operating and required tests and inspect backfill excavations and trenches with clean soil, free of mbt particles greater than the diameter of the pipe be used as rocky materials are to be used, pipe shall be embedded minimum depth of 3 inches of sand. Backfill for all trenches, regardless of the type of pip compacted to between 95% and 100% of the Standard Pro D698) at or up to 5 percent above the optimum moisture cc Compact trenches in areas to be planted by thoroughly f Compact all other areas by flooding or handtamping. The je used in areas when flooding. Compaction by jetting shall beneath or directly adjacent to existing or proposed paveme D. Dress off all areas to finish grades. The CONTRACTOR shall immediately repair any trench during the guarantee period. SECTION 02751 - IRRIGATION SYSTEMS (GENERAL) )nnects and breakers ~CTOR unless noted ~locking. For thrust .2 to 14 hours under ce joint or joints and tph "H" backfill and in trenches between se leave fittings and esting, flushing, and )ns have been made, ,ish. In no case shall >ackfill material. If and covered with a covered, shall be :tor Density (ASTM ntent. ooding the backfill. tting process may be not be used in areas at. ~ubsidence before or PAGE 12 3.12 FINAL ADJUSTMENT: 3.13 After the installation has been completed, make final adj~ system preparatory to the OWNER'S designated representati Completely flush system to remove debris from lines by re heads on ends of lines and turning on system. C. Check sprinklers for proper operation and proper alignment Check each section of spray heads for operating pressure sections by use of flow adjustment on top of each valve. Check nozzling for proper coverage. Prevailing wind conditi arc of angle of spray should be other than as shown on dm change nozzles to provide correct coverage and furnish recox designated representative with each change. After system is thoroughly flushed and ready for operatJ sprinklers must be adjusted to control pressure at heads. method, one section at a time: Remove last head on section and install a temporm Install tee with pressure gauge attached on top of tis, with nipple onto tee. Correct operating pressure at last head of each secfi¢ Spray Heads - 40 psi Or as per manufacturer's recommendations 3. After replacing head, at grade, tamp thoroughly arou GUARANTEE AND MAINTENANCE: A. The CONTRACTOR shall guarantee material and workmansl installation including repair and replacement of defective ma and repair of bach~ll settlement. B. Maintenance shall include, but not necessarily be limited to 1. Adjustment of sprinkler height and plumb to compel 2. Adjustment of head coverage as necessary.. 3. Unstopping heads plugged by foreign material. 4. Adjustment of controller as necessary to insure prop SECTION 02751 - IRRIGATION SYSTEMS (GENERAL) ~stment of sprinkler ve's final inspection. moving nozzle from direction of throw. md balance to other )ns may indicate that wings. In this case, d data to OWNER'S on, each section of Use the following y riser above grade. ;r and re-install head ,n as follows: nd head. dp for one- year after terials, workmanship the following: ~sate for settling. er performance. PAGE 13 e Cleaning to insure heads pop-up and pop-down prop, All maintenance necessary to keep the system in got PART 4 - MEASUREMENT AND PAYMENT 4.0 MEASUREMENT AND PAYMENT: All work associated with materials, installatiOn, labor, utility connecl for irrigation systems shall be measured by the lump sum and payrr the unit price listed in the proposal for the following items: Payment shall be complete compensation for furnishing and functioning irrigation systems. o0o SECTION 02751 - IRRIGATION SYSTEMS (GENERAL) ,'fly. d operating order. ions, and incidentals ent shall be made at installing complete, PAGE 14 DIVISION 5 - CONCRETE DIVISION 5 - CONCRETE SECTION 02515 - CONCRETE CONSTRUCTION FOR STRUCTUI PART 1 - GENERAL 1.0 GENERAL 1.1 WORK INCLUDED This section provides for furnishing and installing miscellaneous concrete 1.2 RELATED WORK A. Division 1 - General. (1) Section 01300, Submittals. (2) Section 01401, Testing Laboratory Services. 1.3 MEASUREMENT AND PAYMENT No separate payment will be made for the work specified in this section, h work under this section in Bid Item #1. 1.4 TESTING LABORATORY SERVICES The tests required in this section will be performed by a commercial testing Owner at his discretion, as specified in Section 01410, Testing Laboratory 1.5 CONTROL OF CONCRETE MIXTURES a. Consistency. Test for slump shall be performed at the jobsite immed~ in accordance with Method of Slump Test for Consistency of Portland Cern C143). If the slump is greater than that specified, the concrete shall be showing either poor cohesion or poor coating to the coarse aggregate with p~ If this does not correct the condition, the concrete shall be rejected. If th~ allowable limit, but excessive bleeding, poor workability, or poor finish. changes in the concrete mix shall be obtained only by an adjustment of following: (1) (2) (3) The gradation of aggregate; The proportion of fine and coarse aggregate; and The percentage of entrained air, within the allowable limits. SECTION 02515 - CONCRETE CONSTRUCTION FOR STRUCTURES ,,ES tclude thc cost of the laboratory, or by the Services. ately prior to placing :nt Concrete (ASTM rejected. Concrete Lste shall be remixed. slump is within the ~bility are observed, one or more of the PAGE 1 b. Air Content. Test for air content shall be made on a fresh concrete for concrete made of ordinary aggregates having low absorption shall be ma~ either Method of Test for Air Content of Freshly Mixed Concrete by (ASTM C138), or Method of Test for Air Content of Freshly Mixed Concr~ Method (ASTM C173). c. Unit Weight. Test in accordance with Method of Test for Weight p and Air Content (Gravimetric) of Concrete (ASTM C138), may be used in test, provided the relationship between air content and unit weight has approved by Engineer for the materials being used and engineer gives apl d. Strength. Compression test specimens shall be made and cured Method of Making and Curing Concrete Compression and Flexural Test S (ASTM C31); Strength of Molded Concrete Cylinders (ASTM C39). e. Number of Specimens. Number of sets of concrete test cylinder sample. Air content te in accordance with t~e Pressure Method ;te by the Volumetric ~r Cubic Foot, Yield, leu of the air content >een established and roval. in accordance with ~ecimens in the Field to be cast for each concrete pour shall be as follows: No. of C.Y. Concrete Poured Minimum No. of Sets of 0 - 25 1 25 - 75 2 75- 150 3 150 - 250 4 250 - 400 5 400 - 550 6 C 'linders A "set" of test cylinders consists of four cylinders, two to be broken and 7 days; and two broken and strengths averaged at 28 days. PART 2 - PRODUCTS 2.1 MATERIALS Cement. · -! (1) Use Portland cement conforming to ASTM C 150, Type I. (2) Use 'only one brand of cement in any one structure. b. Water. Furnish clean water, free from harmful amount of oils, damaging substances. c. Coarse Aggregate. Provide aggregates conforming to ASTM C specified, use standard size from No. 4 to 1.5 inch and modify only in following. Supply aggregate not larger than 1/5 of the narrowest dimens forms, nor larger than 3/4 of minimum clear spacing between reinforcing SECTION 02515 - CONCRETE CONSTRUCTION FOR STRUCTURE~ xengths averaged at :ids, alkalis or other 33. Unless otherwise accordance with the [on between sides of bars. PAGE 2 d. Fine A~gre~ate. Provide fine aggregate meeting the requirement e e. Air Entraining Admixtures. Use an air entraining admixture confi 260. f. Chemical Admixtures. Conform to ASTM C494, "Tentative Speci Admixtures for Concrete". All chemical admixtures must be approved by g. Water-Reducing Retarder. Use of an admixture containing chloride product must be nonstaining. Use Master Builders' "MBHC", Sikas "Pla~ equal. h. Reinforcing Steel. (1) Use new deformed steel bars, grade 60, conforming to ASTM manufactured by the open hearth process. When placed in work, st~ dirt, scale, rust, paint, oil, or other hannful materials. (2) Where shown, use welded wire fabric conforming to ASTM / and spacing shown, with longitudinal and transverse wires electrical points of intersection, using welds strong enough not to be broke placing. Weld and fabricate fabric sheets according to ASTM A 1 (3) Submit manufacturer's certificates giving properties of steel free of cost, for testing when required. i. Cm'ing. For curing concrete, provide liquid membrane forming col 2, white-pigmented compound conforming to ASTM C 309. Curing permanently discolor concrete. j. Fly Ash. Fly ash admixtures shall not be allowed. 2.2 STORAGE OF MATERIALS a. Cement. Store cement off of the ground in a well-ventilated weatl b. Agm'e~ate. Prevent mixture of foreign materials with aggregate aa of aggregate. c. Reinforcing Steel. Store reinforcing steel to protect it from mecha 2.3 CONCRETE Use ready-mixed concrete conforming to ASTM C 94. SECTION 02515 - CONCRETE CONSTRUCTION FOR STRUCTURES f ASTM C 33. rming with ASTM C Lcafi°ns for Chemical Engineer. is not permitted. The ~.timent", or approved A 615. Provide bars · .el must be free from 82. Supply the gage ly welded together at a during handling or ~5. nd supply specimens, ~pounds. Use a Type compound shall not ter proof building. td preserve gradation aical injury and mst. PAGE 3 2.4 MEASUREMENT OF MATERIALS Measure material by weight. Water may be measured by volume. c. Cement may be measured by bag. One bag weighs 94 pounds. 2.5 CLASSIFICATION AND PROPORTIONING · a. Proportioning. Proportion concrete materials on the basis of maximu: and minimum strength allowable with limits set on minimum cement cont~ content above the minimum if, at any time, the type, gradation, or size: supplied requires that extra cement be added to meet strength and workabi b. Classification. Class Type Minimum Compressive Minimum Strength (lbs. Cement per square inch) (bags per 28-Da¥ cubic yard) All A Structural 4000 6.0 Pipe Block- · ing Fill 2500 4.5 (1) Use quickset concrete (3000 psi in maximum 4 hours) for b have less than 7 days shutdown time. (2) Include for maximum water, a calculation of free water absorption of aggregate based on a 30-minute absorption period. (3) Use a minimum of 6.5 bags of cement per cubic yard of con, be placed under water. c. Admixtures. Proportion admixtures according to the manufacture~ Use of an approved accelerator is permitted when the air temperature is le an approved retarder is permitted when the temperature of placed concret of an approved retarder is required then the air temperature exceeds 85°F. d. Water-Cement Ratio for Concrete. If the relationship between su cement ratio has been determined previously for materials specified for no: the ratio may be used. Otherwise, determine the proper water-cemen following procedures. SECTION 02515 - CONCRETE CONSTRUCTION FOR STRUCTURE~ n water-cement ratio :nt. Increase cement , of aggregate being lity requirements. Consistency Range in Slump (In.) 2to4 3to5 locking on lines that in aggregate minus :ret. if concrete is to 's recommendations. ~s than 40°F. Use of exceeds 75°F. Use ;ngth and the water- mai-weight concrete, ratio by using the PAGE 4 (1) Make concrete trial mixtures having suitable proportions and least three different water-cement ratios which will produce a encompassing those required. Design trial mixes to produce the slump. (2) Determine proportions of ingredients and conduct tests in a~ relationships and procedures outlined in ACI 613, "Recommended Proportions for Concrete". (3) Make and cure specimens according to ASTM C192, "Me~ Curing Concrete Compression and Flexure Test Specimens in the L water-cement ratio, prepare at least three specimens for each age te at 7 days and 28 days, or other age as required. Conduct tests acca "Method of Text for Compressive Strength of Molded Concrete Cy (4) From results of these tests, plot a curve showing the relatior cement ratio and compressive strength. Determine the maximun cement ratio for ultimate strength concrete by using the value corresponds to a minimum strength 25 percent greater than the spa e. Alternate Determination of Proportions. In lieu of proportioning as concrete, a mix design employing the same ingredients proposed for use, on previous projects under similar conditions may be used. To obtain the submit the following: (1) Concrete mix design. (2) Reports for at least 20 consecutive sets of 7-day and 28-day c made during the last 6 months. (3) Reports of compliance tests of fine and coarse aggregates months. f. Consistency. Use concrete with consistency that can be worked rea around reinforcing steel without segregation of materials or having free surface. Proportions will be changed if satisfactory mix is not being obtaJ g. Air Content. Ak-entrain all concrete, unless otherwise specified. Pr( 3 percent nor more than 5 percent by volume of total entrapped and entrain¢ h. Changes in Mixes. Make changes in proportions or materials, or bot~ desired concrete properties as directed by the Engineer. Obtain prior app in materials, gradation, or proportions of mixture, or use of special concrete SECTION 02515 - CONCRETE CONSTRUCTION FOR STRUCTURES consistency. Use at range of strengths ~aximum allowable :cordance with basic Yacfice for Selecting hod of Making and aboratory." For each st. Test for strength xting to ASTM C39, tinders." .ship between water- t permissible water- ~¥om the curve that :ffled strength. specified for normal nd used successfully necessary approval, }ncrete strength tests made during last 6 dily into comers and water collect on the ned. ,vide for not less than d air for all concrete. 1, necessary to secure :oval should changes additives be required. PAGE 5 2.6 QUALITY OF CONCRETE a. Field Tests. Test cylinders or beams will be made in numbers re check on the strength of the concrete. Provide and maintain curing fac ASTM C 31. Moisture tests of aggregate will be made at sufficient hatching and proportioning. b. Applicable Standards. Meet ASTM standards for sampling and testin in this section. Use ASTM C42 for test cores. c. Failure to Meet Specifications. Should 7-day or 3-day test streng! type of cement being used, fail to meet established strength standards, resumed curing on those portions of structure represented by test specim~ Should additional curing fail to give required strength, strengthening of reg of structure which fail to develop required strength could be required at no sum. PART 3 - EXECUTION 3.1 WORK CONDITIONS a. Timing. Mix concrete in quantities required for immediate use. PIE minutes after start of mixing with an approved high range water reducer. ticket of all batches with time of mixing at ready-mix plant. b. Weather.: When adverse weather conditions affect quality of concre! Do not mix concrete when the air temperature is at or below 40°F and falli~ mixed when temperature is 35'F and rising. Take temperature readings in artificial heat. If authorized for placement during cold weather, place co with PCA Standard, Design and Conlxol of Concrete Mixtures. Pr temperatures below 32°F until the concrete has cured for a minimum of 3 d at 50°F. In hot weather, cool ingredients before mixing to maintain tempe~ below the maximum placing temperature of 90°F. If necessary, substitute all or part of the mixing water. When air temperature is above 85°F, a~ mixture shall be required. 3.2 MIXING AND MIXING EQUIPMENT a. Ready-Mixed Concrete. Mix and transport ready-mixed concrete acct "Specifications for Ready-Mixed Concrete". In addition to normal batch outlined in ASTM C94, provisions must be made at the batch plant for th, (1) Arrangement. Provide separate bins or compartments for diff~ and for bulk cement. Compartments of ample size constructed so kept separate under all working conditions are required. SECTION 02515 - CONCRETE CONSTRUCTION FOR STRUCTURE5 uired to maintain a ilities as required in nervals for accurate g, except as specified hs, as applicable for extended curing or ~ns may be required. lacement or portions hange in the contract :e concrete within 90 ;lock-stamp delivery ~', postpone the work. tg. Concrete may be he shade away from tcrete in accordance )tect concrete from ays at 70°F or 5 days ature of the concrete well-crashed ice for approved retarding rding to ASTM C94, plant procedures as following items. rent sized aggregates fiat materials will be PAGE 6 (2) Weighing of Materials. Aggregates may be weighed in set with individual scales. Weigh bulk cement on a separate scale batcher. Observe the following limits of accuracy when weighing or Materials Percent Accuracy Cement 1 Water 1 Aggregates 2 Admixture 3 (3) Water Meter or Batcher. Provide a suitable measuring device mixing water within the specified accuracy for each batch. Note ~ of water as hatched on printed hatching tickets. (4) Moisture Control. Provide a moisture meter to measure the in fmc aggregates within 0.3 of a percent. Compensate for varying fine aggregates and change batch weights of materials if necessary (5) Scales. Provide adequate facilities for accurate measuremen material entering each batch of concrete. Accuracy of weighing equ to applicable requirements of ASTM and NRMCA for such equipt: (6) Recorders or Printers. Provide recorders/printers to produce will provide a printed record of weights for cement as batched and f{ as batched individually. Use the type of indicator that returns for: after a batch is.discharged. Clearly indicate by stamped letters or nt between aggregates and cement as batched. Show the time of day intervals of not more than 6 minutes. Deliver recorded ticket copie testing agency will keep one copy. (7) Protection. Protect weighing, indicating, recording or p: equipment against exposure to dust and weather. Transit-Mix Truck Requirements. (1) Clean each transit-mix truck drum and reverse drum total proceeds under the batching plant. (2) Keep the water tank valve on each transit truck locked at al is in use. Any addition of water must be directed by the Enginee~ be incorporated by additional mixing of at least 35 revolutions. (3) Equip each transit-mix truck with a continuous, nonreversik showing the number of revolutions at mixing speeds. Counter sh; batch plant when cement is placed in the truck. SECTION 02515 - CONCRETE CONSTRUCTION FOR STRUCTURE/ arate weigh batchers in a separate weigh measuring materials. capable of measuring ~e number of gallons amount of free water moisture contents of before hatching. and control of each ~ment must conform lent. tickets. Each ticket ,r separate aggregates ~ro punch or to zero merals the difference ~tamped or printed at with concrete. The int-ing, and control ion before thc truck times that the truck Added water must e revolution counter [1 be reset to 0 at the PAGE 7 3.3 FORMS a. Construction. Provide mortar-tight forms sufficient in strength to pre supports. Forms shall provide a continuous, straight smooth surface. Set lines designated. Construct forms to permit removal without damage adequate cleanout openings and before placing concrete, remove extraneo forms. Do not shore any forms from existing structures without approval vent bulging between nd maintain forms to ) concrete. Provide s matter from within of Engineer. b. Form Design. The design and engineering of all concrete formwork, ~ncluding all shoring, bracing and reshoring, shall be the responsibility of the Contractor. Desig~formwork for loads, lateral pressure and allowable stresses as described in ACI 347. Allow for ~esign consideration, wind loads, allowable stresses and other applicable requirements of cont,,oiling local building codes. Camber formwork to compensate for anticipated deflection during t'lacement of concrete when required to maintain specified tolerances. Design formwork to be rea lily removed without impact, shock or damage to concrete surfaces and adjacent materials. c. Material. (1) General Form Lumber. Use seasoned lumber of good qualil unsound knots, knot holes, twists, shakes, decay and other impeff affect strength or impair the finished surface of concrete. Use S4S sheathing. Use nominal 2-inch lumber as minimum thickness ell caps, or 3/4-inch form plywood backed adequately to prevent mi lumber of nominal 1-inch thickness or form plywood of approved use and back by a sufficient number of studs and wales. (2) Lining for Rubbed Finish Surfaces. Provide form surfaces o~ free of irregularities for exposed concrete faces which are to be give plywood of 1/4-inch minimum thickness, and preferably oiled at lacquer the liner on the job before using. Facing may be constructed made with waterproof adhesive backed by adequate studs and wales lining will not be required. Apply rubbed finishes where indicated (3) Special Form Lumber. Make molding for chamfer strips, redwood, cypress, or pine. Furnish a quality that will not split when be maintained to tree line. Use mill-cut molding dressed on all fac~ provided, fillet forms at sharp comers and edges with triangular c inch, mcasurcd on sidcs. d. Form Ties. Use commercially manufactured metal form ties of al forms in place. Do not use wire: ties or snap ties. Remove form ties to dep from surface of concrete. Provide form tie holes not larger than 7/8 inch burn off ties. Do not use pipe spreaders. Remove spreaders which are se concrete is being placed. SECTION 02515 - CONCRETE CONSTRUCTION FOR STRUCTURES y, free from loose or ~ctions which would lumber for facing or 'orms for bottoms of ~alignment. Provide thickness for general form-lining surfaces n rubbed finish. Use the mill. Re-oil or of 3/4-inch plywood In such cases, form on drawings. ~~ or similar uses, of nailed and which can rs. Unless otherwise ~amfer strips of 3/4- )proved type to hold Ih of at least 3/4 inch in diameter. Do not )arate from forms as PAGE 8 e. Wetting and Oiling Forms. Treat facing of forms with approved cc form oil before concrete is placed. When so directed, treat both sides o Apply oil before reinforcement is placed. Immediately before the concrete: of forms which will come in contact with concrete. Coating must no adversely affect concrete surfaces. It must not impair subsequent treatmen including bonding agents, curing compounds and membrane waterproofin f. Metal Forms. Applicable provisions of these specifications apply e Countersink bolt and rivet heads on facing sides. Use only metal forms w surface and which line up properly. Keep metal free from rust, grease or that will tend to disfigure or discolor concrete. Provide metal pan forms good condition, free from dents and rust. Provide pans of a gage and ir concrete and construction loads without significant distortion. 3.4 PLACING REINFORCEMENT a. Placing. Place reinforcing steel accurately and secure it adequat forms. Maintain reinforcing steel in place using approved bar supports a~ bar tie pigtail extending more than 3/8-inch past the outside face of the bar must be inspected and approved by the Engineer before concrete is place~ b. Bar Supports. Provide chairs, riser bars, ties and other accessori metal, except as otherwise specified. Bar supports and accessories shall b~ to provide concrete cover as specified. Where concrete surfaces are exlx liquid in liquid-containing structures in finished work, provide stainless tipped chairs only. Use of galvanized or plastic-tipped metal is not permi! Use of plastic chairs in walls is not permitted. Plastic bar supports and manufactured by W.H.C. Products, Inc., Houston, Texas, or equal. M~ accessories shall be Class I or 2 conforming to the requirements of CRS Practice. Provide preeast concrete bar supports 3 inches wide, 6 inches 1¢ to allow the required cover where allowed. Embed fie wires in the 3-incl c. Bar Spacing and Cover. Provide minimum spacing center-to-cente~ times nominal diameter of the bar. In no case permit clear distance bet~ 1-1/2 times maximum size of coarse aggregate. Minimum cover meas concrete to face of reinforcing bar will be 3 inches. d. Bending. Bend reinforcing steel to required shapes while steel irregularities in bending will be cause for rejection. Detail bars in accorda e. Splices. Splicing of bars, other than at locations shown on drawings without written approval. Approved bar bending schedules or placing draw approval. Splice bars with a lap of 30 times the diameter of reinforeemet inches. Stagger splices in adjacent bars and locate at points of low tensil f. Cleaning. Clean reinforcement of all scale, loose or flaky rust or including oil, mud or coating that will reduce the bond to concrete. SECTION 02515 - CONCRETE CONSTRUCTION FOR STRUCTURE mmercial formulation face forms with oil. placed, wet surfaces bond with, stain or of concrete surfaces, g. tually to metal forms. aich present a smooth :~thcr foreign material that are clean and in condition to support ~ly in position in the td spacers. Provide a t. All reinforcing steel ,~s made of plastic or ; of the sizes required seal to the weather or '.teel or stainless steel ted in these locations. eeessories shall be as ~tal bar supports and Manual of Standard ag, and thick enough sides. of parallel ba~s 2-1/2 een bars be less than ared from surface of is cold. Excessive ace with ACI 317-57. , will not be permitted [ngs constitute written .t but not less than 12 ~ stress. ,ther foreign material, PAGE 9 g. Placement Tolerances. Place reinforcement within the following Placement Concrete cover to formed surfaces Minimum spacing between bars Top bars in slabs and beams to 8-inch depth Top bars in slabs and beams between 8 and 24-inch depth ..... Top bars in slabs and beams more than 24 inches in depth Crosswise of members spaced evenly within Lengthwise of members Tolerance in In~ + 1/2 +1 Ii. Interferences.- If reinforcing interferes with the location of other rein: or embedded'items, bars may be moved within specified tolerances whichever is greater. If greater movement of bars is required to avoid it Engineer. Do not cut reinforcement to install inserts, conduits, mechani, items without approval of the Engineer. i. Concrete Cover. Provide a clear cover measured from reinforcem concrete as shown on the contract drawings. j. Welded Wire Fabric. Install wire fabric in as long lengths as pracC pieces at least one full mesh length plus 2 inches, or 6 inches, whichev splices with wire. Do not make end laps midway between supporting be beams of continuous structures. Offset end laps in adjacent widths to pre k. Field Bending. Not allowed without approval of Engineer. If appro, bent during construction operations to conform to the drawings. Bars shal heat 'bars. Closely inspect the reinforcing for breaks. If reinforcing Cadweld or otherwise repair as directed by the Engineer. Do not bend re: embedded in concrete. L Field Cutting. Reinforcing bars cut'on thc job shall be cut by she not cut bars with a cutting torch unless approved by the Engineer. )lcrances. hes :'orcing steel, conduits ar one bar diameter tefference, notify thc :al openings or other :nt to the face of the cable. Lap adjoining er is larger, and lace ams, or directly over vent continuous laps. ,ed, shape reinforcing be cold-bent; do not s damaged, replace, nforcement after it' is aring or sawing. Do SECTION 02515 - CONC~ CONSTRUCTION FOR STRUCTURE PAGE 10 tired without written details equivalent to construction joints. Joints, other than those indicated, will not be peru authorization. Where authorized, make additiohal construction joints wit[ those for joints in similar locations. m. Welding. Welding of reinforcing bars is prohibited. 3.5 CONSTRUCTIO~N JOINT._._..~S / 1 a. _Definitions. Contact surface between plastic concrete and concrete ~hat has attained initial set is a construction joint. Monolithic means manner of concrete PNcing which prevents b. Construction. Roughen the surface of concrete previously placed le~Mng some aggregate particles exposed. Remove loose materials and then wash and scrub the st rface clean with stiff brooms. Keep the surface wet for several hours prior to placing of plastic ct mcrete. Immediately prior to placing of concrete on horizontal surfaces, slush the surface with a coating of mortar. Where possible, apply mortar on previously placed vertical surfaces by I~mshing and working mortar into irregularities of the surface. Form keyways to permit easy rem~val of forms without damaging concrete. 3.6 WATERSTOPS a. Waterstops shall be 6" minim!~m width and 3/8-inch minimum thickn ess. Waterstops shall be made of virgin polyvinyl chloride compound and shall conform to the requirements of the Corps of Engineers Specification CRD-C572. b. Install in locations shown. c. Provide waterstops in all horizontal and vertical joints in foundafior slabs and peripheral walls of all structures up to a minimum of 12 inches above final ground level and all walls and slabs of liquid-containing structures or compartments to a minimum of 12 in~:hes above maximum liquid level unless specifically shown otherwise on the drawings. d. Each piece of premolded waterstop must be of maximum practicable length for a minimal number of end joints. e. Make joints at intersections and at ends of pieces in a manner mc st appropriate to the material being used and in accordance with manufacturer's recommendations. Joints must develop effective watertightness fully equal to that of continuous waterstop material, must permanently develop not less than 50 percent of mechanical strength of par ~nt section, and must permanently retain flexibility. Whenever possible, the manufacturer's then nostafic splicing tool shall be used and in any case shall be in accordance with the manufacture r's instructions. f. Waterstops to be in place and secure prior to placing concrete. A~ ~urately position and support waterstops against displacement during concrete placement. 3.7 SEALING JOINTS a. Thoroughly clean and prime joints to be sealed before applying ealant. Joints to be sealed include all expansion joints and exterior conslxuction joints in slabs ~n grade. Additional joints to be sealed are identified on the drawings. b. Apply sealants in accordance with manufacturer's recommendation ~. c. Sealant shall be applied when the ambient temperature is between .OW and 90~F, unless recommended otherwise by the sealant manufacturer. d. During pouring operations, exercise care to prevent sealant from pilling onto surfaces adjacent to grooves. SECTION 02515 - CONCRETE CONSTRUCTION FOR STRUCTURE, PAGE 11 e. Sealant shall be a single or multi-component cold-applied elastome complying with Federal Specification Tr-s-00230C or TT-S-00227E, respe be Class A, Type I or II and shall be gray in color. 3.8 PLACING CONCRETE a. Preparation. Give 24 hour advance notice to permit inspection of fo~ waterstops, and other preparations for placing of concrete. Place no concr Regulate concrete placing to permit completion of finishing operation However, if necessary to continue after daylight hours, light the site as rainfall occurs after placing operations are started, provide covering t Concrete pour must begin prior to 1:00 p.m. or be postponed to the follov b. Handling and Transporting. Arrange and use metal or metal-line~ pipes in placing concrete so that ingredients of concrete will not be sep~ having a maximum slump of 3 inches if deposited by chutes and troughs. E chutes either vertically down inside of forms or into a pocket outside of t~ it can flow through holes left in forms. Keep chutes, troughs and pipe coatings of hardened concrete. Use of chutes in excess of 35 foot total lei authorization. c. Depositing. Limit free fall of concrete to 4 feet. Use tremies fo: walls and similar placement. Do not deposit large quantifies of concrete a running or working concrete along forms is required. Do not jar forms aft on initial set; do not place any strain on projecting reinforcement or anchor in sections, or provide in several lengths, so that outer may be adjusted to placing operations. Place concrete in continuous horizontal layers ap thickness. Place each layer while layer below is still soft. Let no between the placing of successive layers in continuous placement. d. Consolidation. Compact each layer of concrete with concrete spa, mechanical vibrators of approved type. When immersion vibrators cannot of the type which operate by attachment to forms only. Apply vibrators to after depositing, and move the vibrator through the layer of concrete jm inches into plastic layer below. Do not penetrate or disturb layers previous partially set, and do not use vibrators to aid flow of concrete laterally. 3.9 CURING a. Definition. Accomplish curing by preventing loss of moisture, rapi and mechanical injury for a period of 7 curing days when normal Portland and for 3 curing days when high-early-strength Portland cement has been soon as free water has disappeared from the surface of the concrete after A curing day is any calendar day on which temperature is above 50°F Colder days may be counted if air temperature adjacent to concrete is m In continued cold weather, when artificial heat is not provided, removal of may be permitted at the end of calendar days equal to twice the number SECTION 02515 - CONCRETE CONSTRUCTION FOR STRUCTURE fie type joint sealant :fivcly. Sealant shall ms, reinforcing steel, · .te ~rior tO approval. ~ in daylight hours. ectcd or required. If c) protect the. work. ,lng working day. . chutes, troughs and rated. Use concrete ~ischarge troughs and lo forms from which clean and free from ~gth requires specific placing concrete in one location so that x concrete has taken bolts. Make tremies ~roper height during rroximately 12-inch than I hour elapse hag implements and ~e used, use vibrators :oncrete immediately placed and several placed which have I temperature change :ement has been used ased. Start curing as ~lacing and finishing. ar at least 19 hours. intained above 50°F. forms and falsework f curing days. PAGE 12 b. Form-Finish. Cure formed surfaces not requiring mb-finished sm in place for the full curing period. Rub-Finish. (1) Cure formed surfaces requiring rub-finished surfaces by leav a minimum number of curing days as follows: Vertical surfaces (2) After mb-finish operations are complete, cure formed sur cotton mats until normal curing period is complete. d. Unformed Surfaces. Cure by membrane curing compound method (1) After the concrete has received a f'mal finish and surp disappeared, seal the surface with a single uniform coating of appm applied at the rate of coverage recommended by manufacturer Engineer. Do not apply less than 1 gallon per 180 square fe satisfactory means to properly control and check rate of applicafio] (2) Thoroughly agitate the compound during use and apply mechanical power pressure sprayers, equipped with satisfactory ate application on small miscellaneous items, hand powered spray For all spraying equipment, prevent loss of compound between surface during spraying operations. (3) Do not apply compound to a dry surface. If the surface of the dry, thoroughly moisten the surface immediately prior to applicafioJ the coating shows discontinuities, pin holes or other defects, or coated surface before film has dried sufficiently to resist damage, al of compound immediately, at the specified rate of coverage. 3.10 REMOVAL OF FORMS Remove forms from surfaces requiring rubbing as specified in thc paragrap the forms from the surfaces only as rapidly as the robbing operation pro forms from surfaces not requiring mb-finish. Removal of forms shall no! 3.11 DEFECTIVE WORK Immediately repair any defective work discovered after the forms have surface of the concrete is bulged, uneven, or shows excess honeycombinl cannot be repaired satisfactorily, remove and replace the entire section. 'ace by leaving forms [ng forms in place for SECTION 02515 - CONCRETE CONSTRUCTION FOR STRUCTUREI - 2 full curing days. ."aces by using moist us water sheen has red curing compound and as directed by et of area. Provide of the compound. means of approved mizing nozzles. For ipment may be used. nozzle and concrete concrete has become t. At locations where rain falls on newly ~ly an additional coat h on curing. Remove ~resses. Remove the damage concrete. ,een removed. If the or form marks which PAGE 13 3.12 FINISHING a. Patching. Patch slight honeycomb, minor defects and form tie hole~ with cement mortar mixed one part cement to two parts fine aggregate. unsatisfactory material and replacing it with new concrete, securely key~ concrete. Finish to make joints as inconspicuous as possible. Use a stiff mi tamp into place. After the patch has stiffened sufficiently to allow fo~ shrinkage, strike off mortar flush with the surface. b. Rub-Finish. Rub-finish all exposed surfaces of formed concrete stmc After pointing has set sufficiently, wet the surface with brush and give first No. 16 carborundum stone or equal. Rub sufficiently to bring surface to p marks and projections, and to produce a smooth, dense surface. Do not surface Paste. Spread or brush material, which has been ground to paste, m and allow to take reset. In general, do not rub chamfered comers in firsl preparation for final acceptance, clean surfaces and give final finish carborundum stone or equal. After rubbing, strip the surface with brush am surface to take a reset; then wash surface with clean water. Leave structu and uniform-appearing finish. - -o0o- - SECTION 02515 - CONCRETE CONSTRUCTION FOR STRUCTURE~ in concrete surfaces [epair by cutting out and bonded to old xture and thoroughly greatest portion of utes except as noted. surface rubbing with aste, to remove form add cement to form dformly over surface surface rubbing. In ~bbing with No. 30 allow mortar on the · e with a clean, neat PAGE 14 DIVISION 6 - SPECIAL SPECIFICA~! 'IONS DIVISION 6 - SPECIAL SPECIFICATIONS SECTION 02910 - CONCRETE UNIT PAVERS PART I - GENERAL 1.0 GENERAL: THE GENERAL CONDITIONS, SUPPLEMENTARY CONDrr] requirements of Division 1 - General Requirements are hereby Section. 1.1 .SCOPE: Furnish all labor materials, services, equipment, and appliances n with the construction of concrete unit pavers placed on a sa, compacted subgrade, as described herein and shown on the accom 1.2 QUALITY ASSURANCE: ASTM C936-82 "Specification for Solid Concrete Interlocking Pavi~ have a homogeneous finish on the top surface. PART 2 - MATERIALS 2.1 CONCRETE PAVERS: Concrete interlocking pavers shall be dark gray color as manufacture pavers shall be approved by the Engineer prior to installation. 2.2. BEDDING SAND: A. Bedding sand shall be coarse graded concrete sand conformi fine aggregate, as specified in the following table, NOTE: D Coarse Graded Concrete Sand Sieve Size Mass Percent Passing 3/8 100 No. 4 85 - 100 No. 100 10 - 30 The bedding sand shall be free of deleterious soluble salts. likely to cause efflorescence or lead to reduced skid resista SECTION 02910 - CONCRETE UNIT PAVERS ONS, and applicable made a part of this :quired in connection ~d/bed layer, over a panying Drawings. ~g Unit". Pavers shall :d by Pavex. Concrete ag to ASTM C-33 for not use mason sand. r other contaminants nee. PAGE 1 2.3 Moisture Content: Thc sand shall be of uniform moisture conl shall be protected against rain when stockpiled on site prio moisture shall be maintained at 3 percent to 7 percent. SUBGRADE MATERIAL: Before commencing the placement of the sand bedding course and ~ compacted subgrade shall be inspected and approved by th representative. PART 3 - INSTALLATION 3.1 SIJBGRADE PREPARATION: Existing Subgrade: Bring the subgrade to 3" below finish 2-3/8" thick pavers. The existing subgrade shall be trimm nominal design levels, including, where necessary, the materials to correct levels in any depressed areas. The subgra, deviate by more than 1/4" from the bottom of a 8" strai direction. Subgrade compaction shah be to 100% compactic Where directed, any unsuitable materials shall be remove~ and replaced by approved fill and suitably compacte, stabilization has been specified, the subgrade shall be pr, pa Thc upper layer of thc subgradc shall be sufficiently well g~ to prevent infiltration of thc bedding sand into its surface boil and throughout the life of the pavement. If available sul unsuited to this requirement, then the upper surface shall ,itl application of crushed fines, which shall then be watered an, surface or suitably scaled. 3.2 BEDDING SAND INSTALLATION: Spreading Bedding Sand: An uncompacted sand base shall compacted subgrade to the thickness of 1-1/2" and not ex assumes that after the stones are placed and vibrated, ti approximately 1/2" lower. Under no circumstances shall san( leveling. Screeding of Bedding Sand: The spread sand shall be carel loose condition and protected against precompaction both p screeding. Any pr, compacted sand or screeded sand lef loosened before further paving units are placed. Sand shall 1 a loosed condition to the predetermined depth only, slightly. of the paving units. Under no circumstances shall the sand be of the laying face to an extend to which paving will be cot SECTION 02910 - CONCRETE UNIT PAVERS ent when spread and to spreading. Sand laying of units, the Engineer or his grade elevation for Rd to within 1/4" of ~ddition of suitable te surface should not ghtedge laid in any n. l from the subgrade 1. Where subgrade :~ accordingly. aded and compacted I during construction ~grade materials are her be blinded by the compacted into the e screeded over the :ceding 1-1/2". This te elevation will be bedding be used for ally maintained in a rior to and following : overnight shall be De lightly screeded in ahead of the laying screeded in advance tpleted that day. PAGE 2 3.3. Screeding sand must be fully protected against accidental pre compaction by rain or dew. Any screeded sand which is ~ laying of units shall be removed and brought to profile an~ PAVER INSTALLATION: A. Laying Paver Units: compaction including recompacted prior to loosed condition. Paving units shall be placed, on the uncompacted,: ereeded sand bed, to the nominated laying pattern, care being taken to r aaintain the specified bond throughout the job. Paving units shall be pl~tced to achieve gaps nominally 1/8" wide between adjacent units suc~ that all joints are correctly aligned. Paving stones will be laid in th~ approved pattern as noted on the Drawings. / / The first row shall abut an edge restraint with a gaf, of 1/8" and shall be laid at a suitable angle to the edge restraint to achie' re the required visual orientation of paving units in the completed pavement. In each row, all full units shall be laid first. Closure fitted subsequently. Such closure units shall consist of a full unit. Units may be cut using a mechanical bolster, or by power sawing. A dry grout mix shall edge space. No other construction traffic shall be allowed on paver installation until the pavers have been compa{ B. Paver Compaction: -After laying paving units, they shall be compacted to of the sand bedding and brought to design levels an than two preferably three, passes of a suitable plate. The ComPactor shall be a high-frequency, low-ampli plate vibrator having a plate area sufficient to coy paving units. This plate type soil compactor shall b~ 5,000 lb. centrifugal compaction force. This equipm¢ the one manufactured by Koehring, Master Divisio~ designated as their Model P-22. 3. , Compaction shall proceed as closely as possible lollG to the acceptance of any traffic. Compaction should not be attempted, however, wi: laying face. Compaction shall continue until lippinl between adjoining units. Joints shall then be filled am described SECTION 02910 - CONCRETE UNIT PAVERS units shall be cut and of not less than 25% r hydraulic guillotine ,e used to fill a larger pavement during the :ted and sanded. achieve consolidation ~ prof'fles by not less compactor. :ude, mechanical, flat ~r a minimum of 12 ~ capable of 3,500 to nt should be equal to ~, Dayton, Ohio, and wing laying and prior bin three feet of the ;has been eliminated I compacted as herein PAGE 3 All work to within three feet of the laying fao compacted at the completion of each day. Damaged Units: Damaged units which are structm compaction shall be immediately removed and repl~ Filling Joints: As soon as practical after compaction, and in termination of work on that day and prior to the acceptance ( sand for joint filling shall be spread over the pavement. TI be allowed to dry and then swept to fill the joints. At least vibrator is required o achieve compaction of the joint fillin Pavement Preloading: As soon as possible after the fi construction traffic should be encouraged to use the pave development of "lock-up". Such traffic should traverse the of the pavement. PART 4 - PAYMENT 4.1 Payment at the Contract unit price shall be total compensation for equipment, backfill, cleanup, and incidentals necessary to complete all wo~ the Drawings and Specifications. o0o SECTION 02910 - CONCRETE UNIT PAVERS must be left fully damaged during any case prior to the ,f construction traffic, te filling sand should one pass of the plate sand. lng of joints, light ment'to assist in the greater possible area all labor, materials, 'k in accordance with PAGE 4 APPENDIX A - SOIL INVESTIGATION DATA GEOTECHNICAL INVESTIGATION GATEWAY BUSINESS PARK PHASE I COPPELL, TEXAS TO SANTA FE PACIFIC REALTY C0RPORAT2 5429 LBJ FREEWAY, SUITE 600 D~LLAS, TEXAS 75240-2609 BY ' TERRA-MAR, INC. DALLAS / FORT WORTH / HOUSTON MARCH 1990 'ON Consulting Engine~rs.e Geotechnlcal · Environmental · C, DALLAS · FORT L1VORTH · HOUSTOF R~ Santa Fe Pacific Realty Corporation 5429 LBJ Freeway, Suite 600 Dallas, Texas 75240-2609 Attn: Mr. Wayland Threadgill Manager of Construction Services GEOTECHNICAL INVESTIGATION GATEWAY BUSINESS PARK PHASE I COPPELL, TEXAS Gentlemen: Submitted herewith is our report on the evalu~ conditions at the above referenced site. Thi results of the field and laboratory investigati recommendations concerning the proposed sedimentation control structure, site preparat railway sections and subgrade stabilization r included are preliminary foundation design recommendations for the use of existing top landscaping operations. This investigation Mr. Wayland Threadgill. The results and recommendations of this st~ below. A site plan and Logs of Borings are att I. Project Description2 It is planned approximate 109 acre site north of I.H. 635 a east by, Freeport Parkway in Coppelt, Texas. proposed construction is to include roadways ar capabilities together with the construction ¢ sedimentation control structure to be loc existing creek. A general layout of the proj on the Plan of Borings, Plate 1. II. Field Investigation. Twelve sample t, drilled at the site to evaluate existing subst Borings located along the proposed roadway extended to depths of 15 feet below existing borings located along the proposed railway ali§ 2679 Lombardy. Dallas. Texas 7S220 Phone:214-3S2-8352 ~nstructlon Materials Testing · AUSTIN March 14, 1990 )oft No. DE90-002 ~tion of the soil ~ report presents ons together with erosion and £on/ pavement and ~quirements. Also parameters and soil material in 'as authorized by dy are presented ached. to develop- an Nd bounded on the At this time, ~d railway sez-vice f an erosion and ated within the ~ct site is shown ~st borings were [rface conditions.' alignments were grades while the nments extended to depths of 10 feet below existing grades. borings were advanced at the proposed, location and sedimentation control structure and extended and 40 feet below existing grades, penetratir least five feet. Borings are located approxima' the Plan of Borings, Plate 1. Sample depth, soil and rock classification (based on the Unified Soil Classi are shown on the Logs of Borings, Plates 2 throu Generalized Soil Profile, Plate 15. A key to terms and symbols used on the logs is presented Soil formations were generally sampled using sampler to sample the cohesive soils. Cohesil soils too hard to push using the hydraulic ~ drill rig were sampled by means of a split-b~ conjunction with the Standard Penetration Test formation was evaluated by the Texas Highway Dynamic Cone Penetrometer Tests, utilizing pub] order to determine the suitability of the exis' use in landscaping operations, representative the topsoil and near surface soils were obtained the subgrade bulk samples were utilized to eval= strength characteristics. Borings were drilled dry, without the aid of drJ more accurately evaluate groundwater levels. determine the presence and levels of groundwa~ all borings at the completion of drilling and later. These obse=vations are indicated on After final water level observations, all backfilled. III. Laboratory Investigation. The purpose o testing program was to evaluate the physical characteristics of the subgrade soils. Tes liquid and plastic limits, natural moisture unit weight. Results are noted at the appropri on the boring logs. Shear strength of the clay soils were ev~ penetrometer tests and later confirmed by labo] compression tests. Test results are ta appropriate sample depth on the boring logs. content and dry unit weight, determined ~ unconfined compression tests, are also show logs. Allowable bearing capacity of the sha evaluated by correlation of THD Cone Penetrome~ utilizing published data. A series of liquid and plastic limit tests were natural subgrade soils in order to de stabilization additive contents for the purpose soil plasticity. Additives evaluated included Two additional of the erosion to depths of 24 g the shale at :ely as shown on description and fication System) gh 13 and on the the descriptive. )n Plate 14. the Shelby tube ~nless soils and ull-down of .the Lrrel sampler in [SPT). The rock Department (THD) .ished' data. In ting topsoil for bulk .Samples of . Additionally, ate the subgrade lling fluids, to Measurement to er were made in least 24 hours ~he. boring logs. boreholes were the laboratory and engineering ~s consisted of :ontent, and dry ate sample depth ~luated by hand ~atory unconfined Dulated at the Natural moisture s part of the n on the boring te formation was :er test results, conducted on the termine optimum of reduction in ~ydrated lime and 2 Type I Portland Cement. In these tests, soil (PI) was evaluated as a function of the stabilization additive,, expressed as a perce] weight. Results shown o.n Plates 16 and 1~ optimum additive contents of six percent cement weight, is required to stabilize soils with res the plasticity index (PI) to values less than 15 In order to determine appropriate design paramE pavement and railway design, the strength chara¢ natural and additive treated subgrade soils-~wE California Bearing Ratio (CBR) tests and Undrained (UU) Triaxial Compression tests. Re~ tests are shown on Plates 19 through 21 while UU tests are given on Plate 22. Samples of the existing topsoil were anal~ Agricultural Laboratories of Memphis, Tennes~ content, pH, textural classification and chemi to determine the suitability of this materl landscaping. Results of these tests, recommendations concerning landscaping operatic in Appendix A. IV. Site and SubSurface Conditions. The site located in the mapped Outcrop of the Eagle Ford as shown on the Dallas Sheet of the Geologic Where this formation outcrops, subsurface cond consist of highly~expansive surficial silty cls overlying shale. Soil formations encountered at the site are sh the boring logs, Plates 2 through 13 and on the Profile, Plate 15'i The soil data indicate conditions can be grouped as follows: Average. Stratum Depth (ft) Descri I 0-7 II 7-18 III 18-22 Stiff to hard to grayish bz silty clay ( Very stiff light gray CL). Dense tan an clayey fine sand with fi (SC-SP). ~ NOTE: Encoui Boring B-11, 3lasticity index percentage of ~t of dry soil indicate that or lime, by dry )ect to lowering ters for use in teristics of the ~re evaluated by Unconsolidated ;ults of the CBR summary of the zed by A & L zee for organic cal constituents Lal for use in together with ~ns are included is geologically Shale Formation, Atlas of Texas. itions typically y and clay soils Dwn'in detail on Generalized Soil that subsurface )tion ,, dark gray 'own clay and iH & CL). :o hard tan and ~i-lty clay (CH & 'light gray o coarse te gravel ~tered in near creek. 3 22-25 Soft tan and weathered sba fine sand sea NOTE: Encoun Boring B-11, V 25- Completion Soft'to firm shale, fissuz NOTE: Encou~ Borings B-ii near'creek. [: V. Groundwater Conditions. Water level o ?! during the field investigation indicated that g: are generally below the depths of the borings. B- 12, near Grapevine Creek, encountered gr~ average depth on the order of 18 feet below exi~ should be noted that present groundwater cot remain static and will fluctuate with variat~ precipitation and surficial runoff. light gray le with ver~ ms. tered in near creek. dark gray ed. tered ~n and B-12, ~servations made roundwater levels Borings B-il and )undWater at an ~ting grades. It ~ditions may not ions in seasonal VI. Design Conditions., The overburden soils o~ Strata I and II are compact and vary from moderate to highly )lastic. Clayey sand was encountered in Boring B-11, near Grapevine Creek, and extended a depth of 8.feet. These soils, if e~countered during straight shaft pier ihstallation, will need ~o be temporarily cased. These more permeable soils alsp need special consideration for the design of the erosion ~nd sedimentation control structure and are discussed in more detail in that section. The dark gray shale is relatively strong and will provide adequate bearing for foundation loads. VII. Subgrade Soil Parameters. Pavement and design requires the use of soil properties o specific tests to determine appropriate de Listed in Appendix B are the subgrade desigr used for both pavement and railway spur design VIII.Pavement Section. It is our understand pavement is planned for this site and it is to street and thoroughfare pavement design for the Based on correlations of subgrade t!rpe and su[ the reqUired thickness, as a function of esti wheel loading, has been determined using the ~ railway section c the results of sign parameters. . soil parameters sections. .ng that concrete meet the standard City of Coppell. porting capacity, hated traffic and ASHT0 "Structural )epartment Design Number" (SN) System and the Texas Highway i Manual, Rigid Pavement Structures (Appendix F-100). Based on our field and laboratory studies an~ the presence of ii highly expansive subgrade soils it is recommended that concrete pavement be placed on a six inch thick stabilized subgrade. In · our opinion, long term performance of concret.~ pavement can be enhanced by stabilization of the expansive cl~ys. Six percent (6%) hydrated lime or Type I Portland Cemen~ with the subgrade soil to achieve the d~ should be mixed ~sired degree of 4 stabilization. In order to compensate for non-u spreading and mixing, it is recommended that pounds per square yard (psy) for each six inc~ thickness be used. Procedures for additive trea as recommended in Appendix B. '~ Utilizing the above mentioned procedures, assumptions and soil strength parameters, the parameters were used: Roadway .Class: Design Period: Traffic: Terminal Service- ability Index: ReliabilitY: - Industrial Co 20 Years 1,000,000 18 2.5 90% Listed below are recommended pavement sections. sections will be suitable for frequent appl design wheel loading and infrequent loads of g~ Adequate subgrade drainage is essential to pave in accordance with design criteria. It is c that the City of Coppell utilizes both comp concrete criteria and flexual strength concrete I is based on the use of 3,000 psi comp~ concrete, while Table' II assumes the use of strength concrete. TABLE I (3,000 psi compressive strength c¢ 8.0" Portland Cement Concrete Pavement 6.0" Lime stabilized or cement modified subgrade (35 psy) NOTE: ~This pavement thickness is based heavy truck traffic using the de~ listed above. Seven inch pavemer . may be used if 500,000 18 kip ES~ ~ anticipated, for the ~0-year desi¢ Table II (650 psi flexural strength concr~ 7.0" Portland Cement Concrete Pavement 6.0" Lime stabilized or cement modified subgrade (35 psy) NOTE: This pavement section assumes fr~ truck traffic, if 500,000 18 kip are anticipated, six inch paveme] be used for a 20-year design lif~ niformity during :hirty five (35) ~es of compacted tments should be traffic data following design 11 ector Kip ESAL These pavement ications of the · eater magnitude. ~ment performance ur understanding ressive strength criteria. Table ressive strength 550 psi flexural ~nc~ete) on frequent :ign parameters Lt thickness ~L's are in period. :e) ~quent heavy ESAL's ~t thickness may 5 Specifications are included in ADp. endix B. IX. Railway Sp_u~ ,~~. ~.4~r~ ~ th~ ~ai~ was performed ~.sirg the elastic th~crrx- deSig differing modu~£ ~ ~la~ti~ an~ a~ bussed loads, using the d~gz% soil ~=~m~a=~ ~te( Listed below are re~oTm~ended r~i~'wa~' s~tions. It should~'Se nofed'.!~t lime ~tabiliz-ed subgra( over cement modi~ie~ soils due to the brittlen~ modified soils. ~ ~ ~b~uld also be nat~l that subballast is reconVeYed to ~e~ILuze~ th~ s.t~es~ section. ~ 6.0" Crushed "Chico" limestone ballast-ben~ 8.0" Crushed S~one Base' with binder subbal] 8.0" Lime stabilized subgrade (~7 DsY) SpeCifications are included in ~ppendix B. X. Sit~t and P~ement Subqrade Preparation.. may requ~e mino~ cuts and fills to brin~ the grades a~d improve drainage. Recommended earth and subgrade preparation procedures should h~ Appendix B. ; Te [e is ~eco~m~ended :ss of the ~gm~nt ,ath tie .asr' Site preparation site to work constr~ct±on as o.utli~d in ~re. It ~ our to be constructed ! ~ater flow and :he upstre~ side evel close ~o ~he 6 4,000 psf. For the desig~ Of the structure, equivalent associated wit~ c~ay sedmmentatmon behind the assumed to be 110 pcf. For chan~el si.d~opes., 3(H): 1 (V) slopes ar~ stable with res~c~ to deep seated slides.. Hc clays would be'~u~ect to relatively shallow s by the develop~of ~hrinkage cracks during ~ considered.~.to b~ wever, thesactive kin slides, caused [ry summer ~eather fluid pr~s. sures structure :~ay be XI. Erosion and Sedimentation Control Struct understa'~ding that a 10 .foot high structure is within t~ existing Grapevine Creek to retar, provide l~ss erQsive velocities. By design, ' of this '~tructure will eventually silt into top of the structure, i, ~. Based 'on Borings-B-11 and B-12, excavations Derformed to depths of 10 feet below 'ex%sting grade will ter~nat.~ approximately feet aboye the-perviOus sand stratum and,i~aDD~oximatel~ above th~ present~ groundwater level. It is' e~timat0d that the coefficient ok~ pe~eaUil%ty (k) for the clayey sand stratum is on the order of 1.0 x 10- cm/sec. The proposed s%~cture founded at a depth cf 10 f~ets-~b$~ w existing grade ~uld ~e founded below any so~t ~urfieial soil layer in the ha~to very stiff tan and light gray silt~a clay. Allowa~ie bearin~ pressures at this depth are on the followed by heavy rains in the winter. In future maintenance associated with the repai] slides, slope ratios of 4(H): 1 (V) should be cc XII. Foundations, Grade Beams and Floor Sla' conditions at the site were evaluated by a di borings. Therefore, additional geotechnical required for specific design of structure~ recommendations for foundation systems are Design of specific foundation systems should properties obtained at specific site locations. Based on the presence of highly-expansive cl soil profile, structural loads should be suppor beam foundation system. For preliminary purpos bearing pressures for straight shaft piers fou~ order to reduce ~ of these skin nsidered. Ds. Subsurface screte number of studies will be · Preliminary )resented below. ie based on soil ~ys in the uppe~ ~ed on a pier and ~s, allowable end ~ded'in~competent gray shale may be assumed to be on the order of 12,000 to 20,000 pounds per square foot (psf). Allowable sk±r~ friction values may be aSsumed to be on the order of 2,000 to 4~000 psf for that portion of the shaft extending greater than t~o feet into the competent gray shale. Penetration into shale~,must be adequate to resist uplift forces in that POrtion of th6 pier within the zone of expansive clays. Final design penetration should be determined by a structural engineer, followin¢ a site specific geotechnical investigation As an alternative, underreamed (belled) pier carry structural loads. Underreamed piers sho' depths of approximately 15 to 17 feet below the hard to very stiff tan and light gray silt~ bearing capacities on the order of 4,000 to assumed for underreamed piers founded at the rE These piers should be subject to maximum set' quarters of an inch and maximum differential sE than one-half inch if the piers are bell thoroughly cleaned after belling. Underreame( provided with a bell diameter"to-shaft diamet~ 3:1 to resist uplift forces created by soil-tc the zone of expansive clays. Both straight shaft .and underreamed piers shO for their full depth with reinforcing steel quantity should be adequate to resist tensile adhesion over the first 15 feet of the pier with the clays or to the top of rock, ~hicheve~ Detailed observation of pier construction shoul a qualified engineering technician to assur. founded in the proper bearing stratum and materials have been removed prior to co~ Considering strength of the soils and pr levels, it is anticipated that shaft excava stable during drilling operations for belled may be used to ~ld be founded at ~xisting grade in clay. Allowable 6,000 psf may be commended depths. :lements of three ~ttlements of less ed properly and . piers should be ~r ratio of.about -pier adhesion in uld be reinforced Reinforcement ~orces due to soil shaft in contact is less. .d be performed by that piers are that all loose crete placement. ~sent groundwater tions will remain pier foundations, 7 with only minor water seepage anticipated throug fissures of the clay soils. It should be recognized that water bearing gra encountered, in Boring B-11, near Grapevine Creek granular soils may be encountered in other area shaft piers founded in shale are used. I~ granular soils are encountered in any pier casing will be required to seal out groundwater during concrete placement. For any given p. placement of.steel and concreting should be com workday. Grade beams or panels should be isolated from t using a structural suspension to provide a posit the beam and soil. The voids can be pr( compressible cardboard carton forms especially this purpose. The void space should be dete~ specific investigation. Floor slabs may consist of either a suspended utilizing a positive void space as state, independent floating slab-on-grade placed on a ! pad. If placed directly on the untreated sub slab will be subject to heave and cracking moisture changes in the underlying expansive c Vertical Rise (PVR) of the floor slab due to underlying highly expansive clays could range f inches for wet weather conditions to about fiv weather conditions. For slab-on-grade constru accepted design standards require that the PVR 1 inch or less. A reduction in potential floor movement can supporting the floor slab on a building pa plasticity compacted select fill· lime injection/water pressure injection· or a combine It should be noted that these analyses do not i~ of site cuts and fills. The actual amount movement will depend on the loading conditions moisture, depth of expansive material and drains XIII.Inspection and Testing. Many prqblems c~ solved in the field if proDer inspection and are provided. It is recommended that si' preparation, lime stabilization and/or cemel pavement and railway construction and the con erosion and sedimentation control structure b~ qualified engineering technician. Density performed to verify compaction and moisture earthwork. Inspection should be performed pti concrete placement procedures. TERRA-MAR emp experienced, well-trained technicians for inspe¢ h the cracks and 5ular soils were · Water bearing s where straight ~ water bearing hole, temporary and ~aving soil [er, excavation, .leted within one ~e subgrade soils ~ive void between )duced by using manufactured for ~ined by a site structural floor ~ above or an )repared building ~rade soils, the resulting from lays. Potential swelling of the rom one to three ~ inches for .dry ction, generally De ~educed to one be achieved by d utilizing low slurry pressure tion of the two. ~clude the effect of differential · .available free ge conditions. ~n be avoided or testing services ~e and subgrade It modification, struction of the ~ monitored by a tests should be content of any or to and during loys a group of :tion and 8 construction materials testing. on this project phase. We would be pl XIV. Limitations. The recommendations presente~ were based on a discrete number of soil te observations. Although our field personnel vis site for surface features indicative of variabl (fill, borrow, or drainage areas, faulting, conditions may be encountered that differ from this case, we should be notified immediately so of these conditions on design and construction c This study was conducted for the exclusive Pacific Realty Corporation and was coordinate( engineering firm, Albert H. Halff Associat reproduction of this report or any part there other documents supplied to persons other than bear language indicating that the information is for general design purposes only and purposes, unless so indicated, and that the own INC. are not liable for any representation made We appreciate the opportunity to assist on trust that our recommendations will lead tc design and construction. Please call us if we assistance. Sincerely, TERRA-MAR, INC. T W.'Oswald, E.I.T. Staff Engineer Mark J. Farr( Sr. Geotechn: Grul President TWO/MJF/BRG/al Copies Submitted: (2) Santa Fe Pacific Realt' Mr. Wayland Threadgill' (1) Albert H. Hulff Associ Mr. Patrick Acker (f:\Report\DE90002) Leased to assist ~ in this report st borings and ually survey the soil conditions ~tc.). subsurface these'data. In that the effects an be addressed. lse of Santa Fe · with the civil es, Inc. The of, in plans or ~he owner, should :ontained therein lot for bidding ~r and TERRA-MAR, therein. ihis project and cost effective Dan be of further ~w, P.E. .cal Engineer bs, P.E. Corporation ~tes, Inc. 9 ILLUSTRATIONS Plan of Borings Logs of Borings Legend Generalized Soil Profile Optimum Stabilization Additive Determination Proctor Test Report CBR Test.Reports Summary of Unconsolidated Undrained Triaxial Test Results APPENDIX A - Results of Topsoil Analyses and Re APPENDIX B - Specifications for Design and Cons Plates 1 2-13 .14 15 16-17 18 19-21 22 ~ommendations truction LETTER' OF TRANSMITTAL ATTENTION: /~ r, /..~,,. ~'r;,.~ ~mr I ? ~ : / Our Job No.: ~l'¢a-~ o ~_ . 1 / Remarks: / /~' , Signed' ~~)~ I-1 Reply ~equested T \~ ~ture Street ? Futura Street Royal L~ne ~Z DEgo-o02 Freaport Parkway 0 pl.,AR OF I~ORING! PLATE LOG OF BORTNG BORING B- 1 Boring: B-1 Date: 1-5-90 Project No: I)E90-002 Pro)ect: Gateway Business Park -coPpel1 . Texas Elev: 530.9 Location: See Plate ~ Depth to water at completion of boring: Dry Depth to water when checked' ~ 4 days was: Dry Depth to cavlng when checked' e 4 days was: 15.0' SAHPLER SYHBOLS DESCRIPTION ~ ~f ~nd P~n ~con. O~TH, A~ FIELD TEST DATA 535 - 530-- I ~ silty CLAY w/ calcareous / nodules G trace fine gravel /. -very stif~ from 2' zt 45 J7 ~ ~ t.oi '!-5 ~~, -light Drown in color from CLAY w/ calcareous nodules. ~2 62 23 ~ t.24 / ,/ ~ron stains & silt seams, I/ Comp~e~ion Oepth: ~5.0' PLATE , TERRA-MAR, INC. Dabe: Boring:B-2 Project: Gateway Business Park - CoppeI1 . Elev: 525.6 Location: See Plate ~ Oepth to water ab completion of boring: Dry Depth to water when checked: ~ 4 days Depth to caving when checked: @.4 days LOG OF BORTNG BORING B-2 ~-5-90 Project No: Texas t SOIL SYMBOLS S~LER SYMBOLS L~TH &~ FIELD TEST DATA OESCRZPTION very ssz'¢~"B~b~"~'F~"~i'i~i" CLAY ~/ calcareous nodules nodules & trace fine gravel -hard from 2' (CH) -lighter in co~or w/ calcareous &nclus~ons from 6' CLAY w/ calcareous & iron nodules & occasional silt seams (CH) was'. was: ~C Compietion Depth: 15.'0' TERRA-HAR, INC. LL ¥ )E90-002 Dr*' 15.0' ~L PI -20~0 H. and p,'n/uncon. / .g3 .5+ ..5+ .5+ t .5+ t 5'~ PLATE NO: 3 LOB OF BORTNG BORTNG 8-3 Boring: 0-3 Date: ~-5-90 Pro)ect No: [)E90-002 Pro)ect: Gateway Business Park -Coppel] . Texas Elev: 523.1 Location: See P~ate ~ Depth ~o wa~er a~ completion of boring: Dry Depth ~o ~a~er when checkeO: ~ 4 ~ays was: Dry Depth to caving when checked: ~ 4 days was: 15.0' ~ SYHBOLS DESCRIPTION ~ I ~ I~cf IHand Pon/ uncon. O~TH , A~ FIEL0 TEST DATA , , , 525 -- ~w/ ca)careous nodules ~ ~~ ~ 3nc]usions, sIickenside~ (CH) CLAY w/ calcareous noOu~es :~ iron' 5~8~ns, slickensi~eO 5~0-- -w/ fine sand seams ~ 34' . (CH) Comp~e~ion Depth: 35.0' PLATE NO: _ TERRA-HAR. INC. , LO6 OF BORTN6 BORING B-4 Bor±ng: B-4 Date' 1-3-90 Pro~ect No: 3E90-002 Pro~ect: Gateway Business Park - Coppell . Texas Elev: 520.6 Location: See Plate ~ Depth to water at completion of boring: Ory Depth to water when checked: ~ 6 days was: Dry Depth to caving when checke~: ~ 6 days was: · 15.0' SAHPLE~ SYMBOLS DESCRIPTION ~ ~, I"a"" "~/~' O~TH A~ FIELD TEST DATA , 525 ~ - o ~~ - V~'6 ~ "~' ~'~ ¥"~F&'~ ¥~"~ 5'~ ...... 5~o- ~ si[fy CLAY ~/ calcareous , ~, nodu]es S occasional f~ne o.85 '.5 ~ ' (CH) ~- ~ / s~lty CLAY ~/ calcareous nodules ~ incSus[ons ~ iron /~ stains 5~0-- ~ X t.oe / Comp~e[[on Depth: ~.0, P~ATE . TERRA-HAR, INC.' LOIS OF BORTNIS BORING 8-5 Boring: B-5 Date' ~-3-90 Pro)ect No: [IE90-002 Pro~)ect: Ga~e~ay Bus,ness Park - Coppe~ . Texas E~e~: 52~.6 Location: See P~ate Depth to ~a~er a~ ~o~p~et~on of boring' Dry Depth to wa~er when c~ec~eO: ~ 60ays was: Dry Oepth to caving when checked: Q 6 days was' 15.0' SANDER SYHS0LS DESCRIPTION O~TH ~ ~[[LO SEST m 525 -- m , CLAY ~/celcareous nodules 5~o-- _hard ~ 2' ~7 t.~ 5~-. ~ / l~ght gray sllty CLAY w/ /~ / calcareous noOules ~ severely sl ickensSOed ,--tO " / '?1 '1 -~ard g tan ~n color from ~ ~.a~ ~/ ~3' -m ~ .Zi Comp]e~on Depth: ~5.0' PLATE ~~ TER~A-MA~. ~NC. LOG O~F BORTN6 BO,q T_ NG B-6 Boring: B-6 Date: ~-3-90 · Project No: DE90-O02 Project: Gateway Business Park - Coppell , Texas Elev: 520.6 Location: See P~ate Oepth to ~a~er a~ comple~on of boring: Ory Depth to water when checke0: ~ 6 ~ays was: Dr~ - Depth to caving' when checkeO: ~ 6 days was: l~.O' ~ s~ s~.~o~s u~u~Z~T~u~ / L~ I 525~ . / ~o-_ ~'~ brown silty CLAY ~/ - [,~ calcareous nodules G iron / .- ~ stains ~ . .......... ?.. / - ~ ~VE'F~"6~'iY¥"E~n ~ 3~g~ ~ray / ~- [/~ silty CLAY w/ ce!careous ~ / ~.oa - ~ /~ nodules & inclusions ~ iron 'F /~ -tan in color from 13' ~ / Completion Depth: 15.0' I ~ PLATE NO; 7 I ,,, TERRA-MAR. INC. ~ , · ' LOG OF BORING · BORING 8-7 Boring: B-7 Date: !-3-90 Pro)ect No: 0E90-002 Pro~ect: Gateway Business Park - Coppel] . Texas Elev: 5J9.5 Location: See Plate Depth to water at completion of boring: Dry Depth to water when checked: ~ 6 days was: Oral Depth to caving when checked: @ 6 days Was: 8.19' --] SAILER SYNBOLSDESCR[. TION I ~ ~ =/I I ~ I~ 520 ~ 0 ,- ~ ~/ calcareous nodules ~ 515-- ~5 / - ~ salty CLAY ~/ calcareous ~ ~.~ , Completion Depth: lO.O / / PLATE NO: B _ TERRA-MAR. iNC. LOG OF BORTNG BORING B-8 Boring: B-8 Dats: 3-3-90 Pro)ect No: DEgo-o02 Project: Gateway Business Park - Coppe)~ . Texas E~ev: 5~8.2 Location: See P~ate Depth to ~a~er a~ completion of bor~ng: Dry Dept~ to ~ater ~hen checkeO: ~ .6 days ~as: Or~ Depth to caving when checked: ~ 6 days was:. ~( .0' S~ SYHBOLS DESCRIPTION D~TH' ~ FIELD TEST DATA 520 ~ .- ~~ ,/ ~/ occasional calcareous _- ~ ~ noOules S ~ron stains ~,~~ (CH) 510- ~ sil~y CLAY ~/ calcareous -to ~ ~ noOu~es ~ ~ron stains (CH) Comp)etlon Depth: ~0.0' PLATE , TERRA-MAR, INC. LOG OF BOR;[NG ROR[NG B-9 8or±ng: B-9 Date: ~-5-90 Pro)act No: B Pro:ject: Gateway Business Park - Coppe]l , Texas Elev: 52~.5 Location: See Plate 1 Oepth to water at completion of boring: Dry Oepth to water when checked: N/A was: N/A Oepth to caving when checked: N/A was: N/; S~ER SYMeOLS OESCRIPT ION ~ DI~TH AN3 FIELO TEST [~ATA 520 - 5]5 - .O CLAY W/ calcareous noaules -hard from 2' (CH) V~'6~"~'~¥"~"~"l~gn~ gray sil~y CLAY w/ calcareous nodules ~ ~nclusions ~ iron s~a~ns (CH) Completion depth: ~0.0' F90-002 Uncon. PLATE NO: 10 >" __ TERRA-HAR. INC. m m OF ~ORING B-lO Bo~g:,B-IO Date: 1-3.90 Project No: Pro)ect: Gateway Business Park - Coppel] Texas Elev: 520.4 Location: See Plate ~ Depth to waLer aL completion of boring: Depth to water when checked: ~ 6 days Depth to cay&rig when checked: ~ 6 days IELEv I SOIL sYMBOLS SAMPLER SYMBOLS DEPTH AhO FIELD TEST OATA 515l l0 DESCRIPTION CLAY w/ calcareous S iron nodules, blocky CCH) silty CLAY w/ calcareous nodules & inclusions ~ iron stains (CH) DE90-O02 · was: -Dp ,.was: B~7' ~46 .L -200 O.D. ~ Pcf ' 91 Completion Depth: 10.0' TERRA-HAR, INC. PLATE NO: 1! LOG OF BORTN6 SORiNG B-~ Boring: 8-11, Date: 1-5-90 Pro)act No: Pro)act: GaLeway Business Park - Coppell . Texas ELEV Elev: 522.4 Location: See Plate ~ Oepth to water at completion of boring: 22.0' Depth to water when checked' ~ 4 days. was: Oepth to caving when checked' @ 4 days was: SO~L SYHIN]LS $ ~4~_F_~ SYHBOLS FIELD TEST DATA -iO 10/6 '80/6 26/6 -30 4O DE~H DESCRIPTION ~/ ca)careous noOules iron s[ains (CH) CLAY ~,/ calcareous nodules ~ lron stalns -very stiff from (CH) Dense ~'~"~'~[~ht gray clayey fine to coarse SAND ~/ fine gravel -increasing gravel con~ent from 25' (SC-SP) ~6'~'~'~"i¥~'~F~V .......... ~eathere~ SHALE w/ very fine sanO lenses iSHALE, fissured -harder from 35' ~ater Checke~ ~ 4 days Completion Depth: 40.0' TERRA-HAR. INC. E90-002 16 8' PLATE NO: !2 ~ LOG OF BORTNG ~ BORTNG 8-12 Boring: B-12 Oa~e: ~-8-90 ' Pro~ect No: DEgO-O02 Project: Gateway Business Park - Copp~e!] . Texas Elev: 538.0 Location: See Pia~e ~ Depth to water at completion of boring: Dry Depth to water when checked: .:~ 24 hours was: ~9.15' ' Dept~ to caving when c~ecked: ~ 24 hours was: 2~.6' { SAHPLER SYHBOLS UE~Z~/~UI~ I I ~/I ~ I f I~0 P~n~ Uncon. / 520 -- . / -'o r~ -Hg~-.~F~Vy~.-b-db-~--~-~-¢V ...... ~ ~3 ~1 39 ~.5+ -- ~/~ 'CLAY w/ c~]cereous nodules .--~ S iron stains / '' ~// -w/ calcareous inclusions ~ / .- ......... / --s ~,/i grayish brown silty CLAY ~// ¢~F/ calcaeeous S iron nodules / 5o5-- ~/~ -hand, becoming s]~ghbly ~ I ~.5+ ._ ~ ~ey ~ ]~n~d f~o~. / ._,~ ~I ~3' . / __. : - ~6'~ ~' ' '{~' ' '¢ YF~' '8~F~' ' ~'F~ ~ ......... OUU -- ' !~ I SHALE fissured , I .. ~ i ' - / / ~ -harder from 20.5' / . __~ I Water Checked / ~ ~4 hOUPS i ' / Comlpet~on Depth: 24.0' PLATE N0: / TERRA-HAR, ZNC. Legend: Symbo 1: Description:' Clay Sand Weathered Limestone Symbol: Oescr Silt 6ravel Unweath Limesto Shale ----~7/6 Standard penetration 5/6 ~est. N blows for 12 inches. --~ Undisturbed thin wall Shelby tube THD Cone Pene- trometer, i00 blows for N inches. Pavemen ROCk Cc --~ Bulk s~ --~ Water time i Water level ~ Depth at completion boeing of boring Notes: t. Exploratory borings were drilled on dates indicated using truck mounted drilling equipment. 2. Water level observations are noted on boring logs. 3. Results of tests conducted on samples recovered are on ~he boning logs. Abbreviations used are: Od = natural dry density (pcf] LL = Liquid MC = natural moisture content (%) PL = Plastic Uncon.= unconfined compression (tsf) PI = P]astlc Hand pen.= hand penetrometer (tsf) -200 = Percent 4. Rock Cores Recovery = sum of core sample recovered length of run. expressed as ROD (Rock 0uality Designation) = sum of recovery 4" or greater in ler by the run. expressed as pert iption: ered re Sample. mple taken ~ger flights. leasured a~ ~dicated t which caved -eported limit (%] limit (%) lty Index passing ¢200 divided by ercentage. core sample ,gth divided entage. PLATE NO: i4 Pro)ncr No. DEeO-O02 TERRA-MAR, INC. [~.. 0 n,-' I DESO-OOE TERRA - MAR / GENERAL I ZI '.'D SOIL PROFILE PLATE 1 5 OPTIMUM STABILIZATION ADDITIVE DETERMIN Msterlsl Description' Groylsh brown silty CLAY Locstlon' Borlnt~ B-6' O' - ?-' 8O 6O 40 ;:'0 I I I ' /L~quld Llmit Limit LEGEND 0 n ! I I Llme Stablll Cement Stabll I ~ 4 6 8 Z Stab~l~zlnl~ Agent By Dry ~e~l~ht 6O '- 40 ~ 2o o! DEgo-o0~ I LEGEND o Lime Stablllze~ Cement Stablll: ~. 4 6 8 Z Stablllzlnl~ Al~ent By Dr), Well, hr OPTI~L ADDITI TERRA-MAR ATION 10 10 IM STABILIZATION 'E DETERMINATION PLATE 16 OPTIMUM STABILIZATION ADDITIVE DETERMI ~aterlal Desorlptlon' Dark [~raylsh brown silty Location' Sub[~rade Bulk Sample 80 ~ I i l Llquld Llml t LEGEND 0 Lime Stabilize Cement Stablll : I ; I g 4 6 8 7. Stablllzln[~ A~ent By Dry Weight 60I L I I I LEGEN__~___~D o Lime Stabilize ~ Q Cement Stablll ~ 40 0 ~ lo l 0 DEB0 -OOE E 4 6 8 7. Stablllzln[~ Aaent By Dry Welaht OPTI~ ADDITI TERRA-MAR [ATION AY 10 :ed IY STABILIZATION ~E DETERYlNATION PLATE 17 PROCTOR TEST REPORT ~o i i I'x,,: I ~ I ' i i %- No.1 xX - I I ~ ~- II - ,- ' ~ I I = I I No z ~ so ~11 I1 I ~_. II N~ii II I I III I ~11 I~ i~, I v5 Ill{ llll ll,} ~l } I',xl~ l, I I ,l I ~ I I , ~0 ~5 " 30 35 40 ' 45 MOISTURE 60HTENT [Z) . 'Standard' Prootor.AST~ D 6~8 Method A TEST RESULTS . - . ~ Optllmum ~ax. Dry Sample Description LiqUid Plasticity ' ~ol~t~ro Density No. Limit Index (~} (per } 1 Raw Soil 50 3~ ~0 ' 88 ~ 6Z Lime Additive 57 14 3 { 6Z Cement Additive ' 55 Proleot No DE~O OOZ Material Desorlptl~on: eot t ~ Da~k Pa lsh b~ wn sllty ULAY Pro~ ' Ga e ay Business Pa~k ' "Coppeil. Toxos ( CH )~ J . -_ . SamPle Locat Ion: Remarks: Date: 1-30-90 ' addl TERRA-MAR PLATE 18 g I GBR T~ST REPORT · ~o'o Ill~,ltl,1 III III i-!I! ' 2 so I I I I I i I_J~~i I I J J, J J I i ~ 4o iii / I I I , ' ~ I I/I ~ j I I ~ ! i: J I I I i ~ ~t/i , I IJ /J/J ltl IJ I :I i I I I' , /~'i ' i I I i t1~1 Ilil ' V o~~ II I I ~1' I I i~ Iii Jl:.ll 0 0.1 O.g 0.3 0.~ 0.5 ~ PBNBTRATION (in) J / California Bearln~ Ratlo.AST~ D 1883 ' ' J Moldln~ Conditions ~aterlal DescrlptJlon: Sample Moisture Dr~ Unit z ~ax. Dare .grayish b~wn silty CLAY J z ] ~ pcl ~ uenslt~ / [ Remarks: Sample5 Jremolded at plus 1 ' 3~ 84 95 4.0 , · lZ and plus 4~ ~ 34 , 84 95 5.0 / . ; 95~ maximum dr~ Jdensity ' Project No: DEgO-OOZ TEST R~SULTS Project: Gateway Business Perk ~- Liquid Ll~lt = 59 Coppell, Texas Plasticity In(ex =39 Loo~,,o.; S.b~;~a~' B.~k S~mpi~ · Op~.a~o,~ = 30 z Date I 30 90 . ~axlmum Dry Density = 88 pot TERRA-MAR : PLATE 19 t CBR TEST REPORT soo :. :~ I1 I I I I!ll II I?~,.' !11! ]111 I I i~ INo ~ mOO I I I I II ~/ I i I I I I t[ 11 I I!. ~ llli IXX i I ' ii I il I'lll ~ I -~1 II iii ~ ~oo '' ;~ II:~ I' I I I I iii ~1 ! Il ~~ "1 t111 //il IIII iii I II11~, ~ ,,, /i iii i II I ~i il I, Ilii Ilil/i '~i o~ili!~ i!li IIII tillll!ll - 0 O. 1 0.~ 0.3 0.~4 0.5 ' PENETRATION Oallfornla Be~rln~ R~Ilo.KST~ D 1883 ~oidln~ Gondltlons ~aterla] Desorlpt[lon: No. Gontent ~elght Dry GBR stabilized usln~ fi~ lime Remarks: Samples Imolded at minus i [ .30 77 97 [ ! . 0 / , 3Z and plus 3Z dr optimum and at ~ 36 76 96 ~ 1 0 / Pro~eo~ No~ D~O-O0~ T~ST R~SULTS P~o~eo~:G~tews~ Business Ps~ Ll~uld Coppell. ~ex~s . Pl~s~o~y In~ex Loo~lo~ Subercale Bulk S~mple Opilmum D~e ~ 14 ~0 ~xlmum Dr~ Dens~y = ~ pcf Illl i/~,,IiiiI fill I/Xli ! II , i Ii ii, I I I ii I I !~ il ii ii I'l ii! i IIII iii II I Iii! iii I, i III I TERRA-MAR PLATE 20 -.7 ' TEST REPORT CBR ~ooo~ ilI I ~ II I '~ ~ 8oo I I I I~ - II i ~ ileal· i ~ BO0 , ' ~ 'il ~~ I , , I!t~ ~ I Y ' ~ i I o1 ~11~-t ~1! I I 0 O. 1 0.~ 0.3 o/.4 0.s PENETRAT Oallfopnla Bearl~ Ratio.ASTM D 1883 Moldln~ gondl~lons I Material Desorlp~ion: Sample] ~o~s~u~e Dry U~ x ~ax. " Da~R ~raylsh b~own sll~y GLAY No Content ~l~ht Dr~ CBR modified usln~JCZ cement ' ( z ) ( per ) Dens~ t7 J I ~6 88 ' I00 45 0 Remarks: SempJeSJ molded at minus ' 3z and plus 3Z Jcl optimum and at ~ [~ 8[ ~5 41 .0 / j ~ ~5Z maximum dr~donslt~ TEST ESULTS Project No: DEBO-OOg Projeot:CateweJ Business Park Liquid L~mlt = 55 Coppel 1. Texas Plast lott~ 19dex = Location: Subgrade Bulk Sample Opt lmum ~ols~u~e = E8 z Date ~ 14 DO ~sXlmum Dr~ Den~lt~= 88 pot I ~ ~ I I I' / I l-i I I I I TERRA - ~IAP~ PLATE ~0 O~ Om PT.AT~. '7'~ --03 · luuc~ o u~ wu APPENDIX A RESULTS OF TOPSOIL ANALYSES AND RECOMMENDATIONS ~,~ & L AGRICULTURAL LABORATORIES OF MEMPHIS .11 N. Third St. · Memphis, TN 38105-2723 · (901) 527-2780 SEND TO TEST Po~ssium (iq OaJdum Sodium Soluble S a J ts s,J~r If on LANDSCAPE, TURF &.GARDEN SOIL TEST REPORT INFORMATION Date I 01/09170 Report No. Acc't No. I~ 7 2~:* 2 Sample ID AMOUNT FOUND "' ,5 INC. REPORT SEND COPY TO ~77 149 !? B~on (B) 5 19 i.6 JOB LANDSCAF'E SOIL TEST RESULTS Very Low DEg~ J - Very High Ca,on Ex,:m,a.n~ Capacity J 3 7.6 'RECOMMENDED ANNUAL NUTRIENT APPLICATION- POUNDS PER 1000 SQ. FF. Cal¢i~¢ i Oolomi6cI I N~cx:j~ I Phospl.~te I polash J Macjnesiumj Sulklr I Z in¢ IMi~ Dine gme Gypsum N P~h ' K,,O J Mg J S Zn Fa Cu B I00t I t APPLY HALF OF' THE RECOHHENDED FERT[L[ZER WHEN SPR[NO ~RO',,4TH DErDIN5 RND AGATN IN H[D-SUHI'IER. SF'RE~D FERTILIZER UNTFORHLY OVEF Al'.' ~REA EXTENDT.HG BEYOND THE BRANCHES. NRTER THOROUGHLY RFTF.R ~PPLIC~T]ON. FOR NE~ pL.~b.'T[NGE, OF THE RECOHHENDED FF,RTTLTZF'R TI',ITO qTHE TOP 6 TO 8 [NC:lES [NCORPORRTE HALF .............. -.-~ ,-,~,~rk 'rlH'rNG ~CCORDTI'-IG TO OF SO[L- PR[OR TO PLANTING. ~DJUST FEi~I~-L-~Lr-r~ ~.~r_ '-""T ' F'XPER [ F'NCE. RCID LOVING SHRUBS. ~PPL 4 T~.=j.,_ESPOOI',~S O~ .... THE SOIL pH IS TOO HiGH FOR ............ ~co ~c.n THE TRUI','?L. ELEHENT~L SULFUR OVER THE SO[L OU1 ~u ,L~ Zr~t.,nr-~ ......... INTO THE SO[L- ~ND W~TF,R THOROUGHLY. TF,ST RGRIN [l'J 4 FO ~ ~O,"JT~S B~FORc- r'I~KTNG ~DD[TTONAL, APPLICATIONS. IF PLRNTS SHOW IRON )EF[C[E~-'Cv (OF'PER !-,c'-~k'''! ARE YF.LL,ON B~TNF.EI',I THE VEINS)~ ~PPLY ~ FOLTAR IRON S]URCE PCCORD HANUF~CTURER'S D[RF'CT[ONS. W 0 APPENDIX B SPECIFICATIONS FOR DESIGN AND CONSTRU Design Soil Parameters Pavement Subgrade Preparation Railroad Subgrade Preparation Lime Stabilization Requirements and Specifications Cement Modification Requirements and Specifications Crushed "Chico" Limestone Specification Crushed Stone Base (subballast) Specification Reinforced Concrete Pavement :TION Bi B1-B2 B2 B2-B3 B3-B4 B4 B4 B4 Design Soil Parameters The following design parameters may be assumed f~ railway design: Subgrade Soil: Dark gray to grayish brown silty clay, Classification by USCS: CH, Classification by AASHTO: A-7-6, California Bearing Ratio (CBR): 4.0, Modulus of Subgrade Reaction (k): 120 pCi, Subgrade Modulus of Elasticity (Es): 1,250 Stabilized Subgrade Modulus of Elasticity ( 6,000 psi, Ballast Material: Crushed "Chico" limeston Grade 4, Ballast Modulus of Elasticity (E): 15,000 Subballast Material: Crushed Stone Base Type A, Grade 2, Subballast Modulus of Elasticity (E): 6,0[ Pavement Subqrade Preparation Recommended earthwork construction and subg] procedures are as follows: 1. Remove all vegetation, organic topsoil, an( materials from the construction area. Pavement and fill areas should be proofrol] areas of weakness. Proofrolling should accordance with Texas Highway Depa~ Specifications, Item 216, Proofrolling. should be undercut to firm soil and re proofrolling operations should be o experienced geotechnician. Scarify the subgrade, add moisture if recompact to a minimum of 95 percent of density as determined by the Standard Proc 698). The moisture content of subgrade s of compaction should be from one to four above the proctor optimum value. Fill required to bring the site to grade m site soils or off-site inorganic soils w index less than 40 and should be placed il exceeding eight inches in thickness al outlined above. In cut areas, the soil should be excavated surface soil proofrolled and scarified tc of six inches and recompacted to the pre' density and moisture content. pavement and ~lay or psi, s): ~, COG, psi, ~ith Binder, 0 psi. THD 'ade preparation any undesirable ed .to detect any be performed in 7tment Standard reas of weakness compacted. The ~served by an necessary and the maximum dry tor Test (ASTM D oils at the time )ercentage points ~y consist of on- ith a plasticity loose lifts not ~d compacted as to grade and the a minimum depth ;iously mentioned B1 Excavate and shape subgrade to final grad site clay soils, or the equal, prior to add Sand should not be used for fine grading subgrade. Railroad Subqrade Preparation It is particularly important to provide a sta subgrade beneath the design rail section to performance. Any soft soil areas underlying subgrade would allow excessive deflection of t Recommended earthwork construction and subg~ procedures beneath the rail spur are the same Subgrade Specifications outlined above with exceptions. _ The amount of subgrade deflection (pumpin! tolerated during proofrolling would be m~ the rail~'spur than in the pavement areas. subgrade deflection that could be accep~ upon the depth of fill required along the The moisture content for the subgrade and be from minus three to plus one of optim~ compaction level should be a minimum Proctor density. Lime Stabilization of 'Subqrade Soils Lime treatment of the clay soils should be accordance with the applicable provisions of Texas Highway Department Standard Spec Construction of Highways, Street and Bridges, 1! Lime should be added to the subgrade after surface vegetation and debris· Six percent h be required for stabilization of the clay soi application rates of lime for depths of 6 outlined below· -; Application Depth of Treatment LJ (percent) (inches) (pou 6 6 8 Approval of final mixing operations should be b tests with at least 60 percent on a dry weight stabilized soil'passing the No. 4 sieve at a using the on- itive treatment· of the pavement achieve optimum the stabilized ae rail section. · ade preparation as the Pavement the following t) that could be )re critical for The amount of zed would depend lignment' ~ill soils should m moisture· The accomplished in Item 260 ofd~he ~ifications for )72 Edition. e removal of' all fdrated lime will .s. The required Lnd 8 inches are ue Required nds/square yard) 35 47 ased on fradation basis of the B2 moisture content near optimum. The lime stabil be compacted to a minimum.of 95 percent of density defined by the Standard Proctor Test (A moisture content within plus to minus three pete optimum. Sand should be specifically prohibited beneath since these more porous soils can allow water in heave and strength loss of subgrade clay sol specified that only lime stabilized soil will fine grading. After fine grading each area in paving, the subgrade surface should be light] needed, and recompacted to obtain a tight non-yi The subgrade moisture content and density mu~t be maintained until paving is completed. Cement Modification of Sub,fade Soils Cement treatment of the clay soils should be accordance with the applicable provisions of Texas Highway Department Standard Spec Construction of Highways, Streets and Bridges, ] Cement should be added to the subgrade after t~ surface vegetation and~debris. Cement should be added only to that area whet compaction can be completed in daylight wit application and in one continuous operation. Six percent Type I Portland Cement will modification of the clay soils. The required of cement for depths of 6 and 8 inches are outl~ Application Depth of Treatment (percent) (inches) 6 6 8 Approval of final mixing operations should be based on gradation tests with at least 80 percent on a dry weight basis of the No. 4 sieve at a moisture content near should be compacted re) a minimum of 95 dry density defined by the Standard modified soil passing the optimum. The cement modified soil percent of the maximum ized soil should the maximum dl-y ~TM D 698), at a enrage points of pavement areas, nflow, resulting ~s. It should be be allowed for preparation for .y moistened, as elding subgrade. Sand should be specifically prohibited beneat~ since these more porous soils can allow water in heave and strength loss of subgra¢ ~t within plus to ~ pavement areas, inflow, resulting ~e clay soils. B3 Proctor Test (ASTM D 698), at a moisture conte: minus three percentage points of Optimum. accomplished in Item 270 of the ifications for 982 Edition. re removal of all ~ the mixing and :hin 6 hours of ~e required for ~pplication rates .ned below. Cemen4 Required (pounds. square yard)' 35 47 It should be specified that only cement modified soil will be allowed for fine grading. After fine gradir~g each area in preparation for paving, the subgrade surface si%ould be lightly moistened, as needed, and recompacted to obtain a tight non- yielding subgrade. The subgrade moisture content and density mus:t be maintained until paving is completed. Crushed "Chico" Limestone Ballast Crushed limestone ballast should be compose~ of sound and durable hard rock particles from the Bridgep()rt, Texas area. The material should meet the specification requ~2rements outlined in Section 2.1.8 of the 1983 Edition of the No]~th Central Texas Council of Governments (COG) Standard Specific~.tions for Public Works Construction. Standard crushed rock, A~ ~regate Grade 4, should be used. The ballast should be densifie~ with compaction equipment prior to placement of the ties. Verification of densification should be based as visual inspectJ.on. Crushed Stone Base Subballast Crushed limestone subballast should .be comported of sound and durable hard rock particles and should meet ':he specification requirements outlined 'in Item 248 of the 198~ Edition of the Texas Highway Department Standard Specifications for Construction of Highways; Streets and Bridges. ~Type A, Grade 2, should be used. The subballast should be compacted at plus to minus two percentage points of optimum moisture tO a minimum of 95% Modified Proctor density (ASTM D 1557). Reinforced Concrete Pavement Reinforced Portland Cement Concrete Pavement Portland cement concrete having compressive least 3,000 psi or flexural strengths of a' depending on the selected section criteri~ designed in accordance with the ACI Building to 6% air entrainment. This concrete should bE one-eighth inch wide and 1.5 inches deep on centers (12 foot centers are preferable) in b soon as possible after placement but before occur~ The pavement should be adequately reit and all construction joints should be pr( transfer dowels. It is recommended that, a reinforcement steel should be No. 3 bars plac, maximum spacing of 24 inches each Way. :hould consist of strengths of at least 650 psi, and should be ~ode 318 using 3% saw-cut at least maximum 15 foot )th directions as shrinkage cracks forced with steel )vided with load s a minimum, the ~d on chairs on a B4 APPENDIX B - CHANGE ORDER, PAY Ri AND LIEN RELEASE FORMS EQUEST, F.-4ir.¢~.r's P:sj¢c: No. - C.~ n :,'~¢t O~-~ c,,cc.:vc b¢-.n silncd by t:"..' Owner :nd ~c Conc,~¢ This Ch:n~-. ~o thc Contract sh~ll become Or~.¢r is an :uLhariz:cion to procc-.cl with the irailowin~, itc.,',~ DESC.~I?TION OF WO,~,'~ The Contract. T;.~..¢ shah ~¢ ~,-.':::.i.$ed or {r*C':-:,~-"i-''~) ~;~V$ ),S 1 :'.::;it :~ th'. ',','¢:k required C:n-'::: .Cum :or. 'll.ls n thls Ct;.:.-'...'. APP.~OVEg: I i I I 1 I I I I I I THE STATE OF TEXAS COUNI~ OF DAI J AS WAIVER OF LIEN-PARTIAL TO ALL WHOM IT MAY CONCERN: Whereas, we the undersigned, employed by to fumis] Contract or Supplier Purchase Order dated , 1991 for Park project, City of Coppell, County of Dallas, State of TeXas. NOW, THEREFORE, KNOW YE that j 1/ in consideration of the sum of Dollars and othe consideration, the receipt whereof is hereby acknowledged, does hereby waive and re or claim or right ro liens on said above desen'oed project ~nd premises under the ~ Texas relating to Mechanic's Liens, on account of labor or materials, or both, furnis, the undersigned to or on account of the said for said project, and for which payment has been made to the undersigned by or o] The undersigned further certifies that all laborers and s. erv?ces ,emp. loyeda person, firms, or companies acting by, through, or under the unders, lgnea, ot re)y, _, upon and/or installed on the said project have been fully paid to aate except mr u the undersigned in the current application for payment delivered concurrently herewi knows of no outstanding liens against the said project except those, if any, as set attached hereto. Given under my hand this SUBSCRIBED AND SWORN TO before me this NOTARY PUBLIC MY COMMISSION EXPIRES: ,1991 , have been t work pursuant to the Gateway Business ~e undersigned, for an r good and valuable [ease any and all liens, tatutes of the State of led up to this date, by undersaid contract behalf of ,y the undersigned all nd all materials placed te amounts claimed by fi, and the undersigned Forth in the addendum day of BY: day of 1991. ,1991. FINAL R~T.RA..~'E AND WAIVER OF T.TI~,T THE STATE OF TEXAS coUNTY OF DAt.tAS For and in consideration of full payment made simultaneously herewith to the, Contractor') (Name), (Title), (Firm Name) by (Entity) ol owing to General Contractor in connection with the furnishing of labor, materia construction on the job known as the Gateway Business Park project located on the: County, Texas described on Exhibit A attached hereto and by this reference mad, purposes, together with all improvements thereon (the 'Property'), the receipt and: payment being hereby acknowledged, and with the knowledge that the owner of th. ('Owner') has rec this release ~nd waiver of lien in making payment to General Contractor hereby r, Owner from all indebtedness and obligation of any character owing to General Contra such construction job, and General Contractor hereby releases all d~ims of every ck. in connection with such construction job and in addition hereby waives, release property and the improvements thereon from any and all liens, d~ims of liens, character which General Contractor may now or hereafter have agaiust the Properv. contractual, statutory, or constitutional, and whether such liens are evidenced by lie~ and whether filed for record or not; it being the intention of General Contractor to to Owner the Property completely free and clear of all liens and lien claims of every d Contractor or any party acting by, through, or under General Contractor may now m the Property. General Contractor certifies, represents, and warrants that General Contrac assign any claims for payment nor any right to perfect any lien agaimt the Proper~ General Contractor further certifies, represents, and warrants that all laborer by General Contractor and any person, firm, or company acting by, through, or un if any, and all materials placed upon and/or installed on the Property and/or equipment and machinery used by General Contractor on such job, ff any, have bee~ laborer, service, or materialman has any claim, demand, or lien on the Property General Contractor, and further that no chattel mortgage, security interest, con retention of title agreement has been given or executed by General Contractor or materialman acting by, through, or under General Contractor for or in connect machinery, and/or equipment placed upon or installed on the Property, other thru NAME OF PERSON OR COMPANY OWED: APPROXIMATE AMOUNT OWED: For and in consideration of the aforesaid payment made herewith and ot General Contractor hereby expressly agrees to indemnify and hold forever harmless all liability, loss, claims, damages, and/or expenses of any kind arising from any action of any nature that may now exist or hereafter at any time be asserted again: by General Contractor or any other party whomsoever arising by virtue of and/o: furnishing of said labor, materials, and/or services furnished by General Contractor General Contractor up to and including the date hereof, and General Contractor he] mdersigned ('General 'all sums now due and 1, and/or services for :eal property in Dallas ~ a part hereof for all ~ufficiency of such full ~ Property and project, uired and relied upon [leases and discharges :tor in connection with aracter aga/mt Owner :% and discharges .the and charges of every ,, whether the same be d~im affidavits or not, relinquish and release ~aracter which General ' hereafter have against :or has not and will not y. ~ and services employed der General contractor, all lease payments for t fully paid, and that no by, through, or under ditional bill of sale, or any laborer, service, or on with any materials, t the following:. Ler benefits accruing to 3wner from and against claim, lien, demand, or ;t Owner or the Property in connection with the or by, through, or under eby releases Owner from APPENDIX C- CONTRACT ADDE~ APPENDIX D - CONSTRUCTION DRA~ (ATTACHED SEPARATELY) NINGS L-1 L-2 L-2A L-3 L-4 L-5 L-6 L-7 L-8 L-9 L-10 S-L1 S-1 I-1 I-2 I-3 I-4 I-5 1-6 I-7 I-8 I-9 1-10 SD-19 P-1 P-2 APPENDIX D COVER SHEET PLANTING PLAN PLANTING PLAN (BID ALT.) PLANTING PLAN PLANTING PLAN PLANTING PLAN PLANTING PLAN PLANTING PLAN PLANTING PLAN PLANTING PLAN DELETED FROM SET LANDSCAPE DETAILS SIGN WALL LAYOUT SIGN WALL / MARKER DETAILS IRRIGATION PLAN IRRIGATION PLAN IRRIGATION PLAN IRRIGATION PLAN IRRIGATION PLAN IRRIGATION PLAN IRRIGATION PLAN IRRIGATION PLAN IRRIGATION PLAN IRRIGATION PLAN (BID ALT.) STANDARD CONSTRUCTION DETAILS, CITY OF COP ROADWAY IMPROVEMENT PLAN TYPICAL DETAILS POELL