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Meadows Addn 2-CN 930630CONSTRUCTION SPECIFICATIONS AND CONTRACT DOCUMENTS FOR PHASE I DRAINAGE IMPROVEMENI MEADOWS SUBDIVISION - STAGE ] DIVERSION AND INLETS FOR THE CITY OF COPPELL Prepared by: Albert H. Halff Associates, Inc. 8616 Northwest Plaza Drive Dallas, Texas 75225 AVO 12036 June 1993 'S I TABLE OF CONTENTS Division 0 - Bidding and Contract Documents Section 00100 - Notice to Bidders Section 00110 - Section 00140 - Section 00232- Instructions to Bidders Proposal and Bid Schedule Standard Form of Agreement (Contract) Standard General Conditions of the Constmcti, Supplementary Conditions of the Agreement Division 1 - Specific Project Requirements Division 2 - Special Provisions to Standard Specifications for Constructi For this project, the Standard Specifications for Public Works Co Central Texas, as prepared by the North Central Texas Council of Ge City of Coppell Standard Construction Details shall govern all work with any additional Special Specifications or Specific Project Req~ herein. Contract )n astmction - North .vernments and the > be done, together drements included DIVISION 0 - BIDDING AND CONTRACT DOCUMEN FS DIVISION 0 - BIDDING AND CONTRACT DOCUMENTS SECTION 00100 - NOTICE TO BIDDERS Sealed bids addressed to the Purchasing Agent, CitY of Coppell, Texas, for M~ Diversion and Inlets will be received in the Purchasing Office at the CitY of 255 Parkway Boulevard, until a.m. on publicly opened and read aloud. Each Bidder shall submit two identical copi the CitY of Coppell Bid No. designated clearly on the exterior o: Bidders must submit, with their bids, a cashier's or certified check in the amc (5%) of the maximum amount bid, payable without recourse to the CitY of a Bid Bond in the same amount from a reliable SuretY Company as guarantee enter into a contract and execute bond forms provided within fifteen (15) d contract to him. The successful Bidder must furnish performance, payment and maintenance amount of one hundred percent (100%) of the contract price from an approve holding a permit from the State of Texas to act as SuretY, or other SuretY or to the owner. The Owner reserves the right to reject any or all bids and to waive all formali or unbalanced unit prices will be considered sufficient cause for rejection of m Owner reserves the right to accept the alternate bid of a Contractor that did no base bid. NO BID TRANSMITrED BY FAX WIIJ. BE ACCEPTED. Bidders are expected to inspect the site of the work and to inform themseh conditions and conditions under which the work is to be done. Complete sets of bidding documents must be used in preparing Bids; neither or the preparer, Albert H. Halff Associates, Inc. assume any responsil: misinterpretations resulting from the use of incomplete sets of Bidding Dc>ct NO SALES TAX ON TANGIBLE PERSONAL PROPERTY INCORPO~ MADE A PART OF THE PROJECT. The bidder shall not include or provi :adoWs stage 1I - Coppell-CitY Hall, , and then es of this bid with the bid envelope. unt of five percent Eoppell, Texas, or hat the Bidder will ays after award of bonds each in the ~ SuretY Company ;ureties acceptable 5es. Unreasonable ty bid or bids. The submit the lowest es regarding local he CitY of Coppell litY for errors or .ments. .ATED INTO OR de for sales tax on tangible personal property to be incorporated into the project. (Note: This ~rocedure may not be used, however, for materials which do not become a part of the finish~ ._ product, such as, equipment rental or purchase, form materials, etc.). In order to be exempt frq.m the sales mx on such tangible personal property, the Contract Shall Separate and provide sqparate charges for materials to be incorporated into the project from charges for labor. The City will provide the Contractor with an exemption certificate for the materials. The contractor q expected to issue a resale certificate in lieu of paying a sales mx at the time of purchase. Th t bidder shall show the cost of materials (tangible personal property) in the space provided on he bid form. The successful bidder's bid form will be used to develop a separated contract and determine the extent of the mx exemption. Section 00100 - Notice to Bidders Page 1 DIVISION 0 - BIDDING AND CONTRACT DOCUMENTS SECTION 00110 - INSTRUCTIONS TO BIDDERS 1. Defined Terms Terms used in these Instructions to Bidders which are defined ia the Standard General Conditions of the Construction Contract (EJCDC Document 1910-8, 1983 ed.) and the Supplementary Conditions of Agreement have the meanings assignet to them ia these General Conditions. The term "Bidder" means one who submits a Bic~ directly to Owner, as distinct from a sub-bidder, who submits a bid to a Bidder. Th~ term "Successful Bidder" means the lowest, qualified, responsible Bidder to whom Owner (on the, basis of Owner's evaluation as hereinafter provided) makes an award. ~.e term Bidding Documents" includes the Notice to Bidders, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of bids). Specific defined terms are: Owner: Wherever the word "OWNER" is used ia the specifical Documents, it shall be understood as referring to the City of Coppell Engineer: Wherever the word "ENGINEER" is used ia the specific~ Documents, it shall be understood as referring to the CITY ENGINF. E representative, City of Coppell, P.O. Box 478, Coppell, Texas 75019 Inspector: The authorized representative of the City of Coppell assig inspect any or all parts of the work and the materials to be used ther 2. Scope of Work This project is located ia the Meadows and Waterside Estates No. 1 ,~ City of CoppeR, Texas. As shown on the construction plans and contract documents and specifications, amendments and attachments of a Storm Sewer Diversion System along Woodmoor and Wes additional inlets on Meadowglen Circle and Parkway Blvd. 3. Copies of Bidding Documents Complete sets of the Bidding Documems may be obtained from the ~ the offices of the City of Coppell, 255 Parkway Boulevard, Cc following general requirements pertain to the Bidding Docnments: A) No bidding documents will be issued later than two (2) d: opening date. B) After award of the Contract, the successful Bidder will be fm of Contract Documents at no charge. Additional sets ov¢ furnished for $15.00 per set. 3.1 Section 00110 - Insmactions to Bidders ions and Contract , Texas. ,tions and Contract R or his authorized led to observe and eia. iubdivisions, in the described in these the work consists wind Drives, and archasing Agent at Ipell, Texas. The ~,s prior to the bid nished five (5) set~ :r five (5) will be Page 1 3.2 3.3 e c) Bidding Documents may be examined free of charge at the of ENGINEER, City of Coppell, 255 Parkway Boulevard, Coppe Complete sets of Bidding Documents must be used in preparing Bids; Coppell or the preparer, Albert H. Halff Associates, Inc. assume any errors or misinterpretations resulting from the use of incomplete Documents. No partial sets of plans, specifications or proposal form~, The Owner in making copies of Bidding Documents available on the so only for the purpose of obtaining Bids on the Work and does not grant for any other use. Qualifications of Bidders. The Bidder shall submit within five (5) days of the Owner's request st Owner may require to establish his financial responsibility, experience such equipment as may be needed to prosecute the work in an satisfactory manner. The required information to be submitted shall c not necessarily be limited to, the following: A. Current Project Experience. A list of all projects presently under construction by the approximate cost and completion date shall be submitted upor B. Past Project Experience. The Bidder shall submit a list of comparable projects con previous five years including approximate cost(s), quanfifie date(s). C. Equipment. The Bidder shall provide a list of equipment which will be use The Bidder shall demonstrate that he has adequate equipmer project, properly and expeditiously and shall state what adclifi any, that he must rent/lease as may be required to complete ti D. Financial. Each Bidder shall be prepared to submit upon request of the financial statement with- no evidence of threatening losses a: audited certified financial statement (current within the last si~ date). This information will be. used to confirm that the E f'mancial status to meet obligations incidental to performing ti Section 00110 - Instructions to Bidders rices of the CITY 1, Texas. aeither the City of responsibility for sets of Bidding will be issued. above terms does :onfer a license or ch evidence as the and possession of editious, safe and ~nsist of, but shall Bidder including request. deted within the and completion d on this project. to complete this ~nal equipment, if as project. Owner a balanced evidenced by an (6) months of bid idder has suitable ~e work. Page 2 6.1 6.2 6.3 E. Technical Experience. The Bidder shall demonstrate to the satisfaction of the Own technical experience to properly complete this project. F. Proof that the Bidder maintains a permanent place of busines.~ Conflict of Interest City Charter states that no officer or employee of the City shall have ~ direct or indirect, in any contract with the City, nor shall be financially or indirectly, in the sale to the City of any land, or rights or inl materials, supplies or services. This prohibition does not apply w represented by ownership of stock in a corporation involved, p~ ownership amounts to less than one percent (1%) of the corporation st~ of this prohibition will constitute malfeasance in office. Any officer City found guilty thereof should thereby forfeit his office or position this prohibition with the knowledge, expressed or implied, of the pers~ contracting with the City shall render the contract voidable by the C City Council. The Contractor represents that no employee or officer interest in the Contractor. Examination of Contract Documents and Site. Access to the site shall be from Meadowglen Circle, Westwind, Wood Drives and Parkway Blvd. Prospective Bidders shall respect all impr, responsibility of each Bidder before submitting a Bid, to (a) exa Documents thoroughly, (b) visit the site to become familiar with local I affect cost, progress, performance or furnishing of the Work, (c) cot and local Laws and Regulations that may affect cost, progress, perforr of the Work, (d) study and carefully correlate Bidder's observatiom Facilities at or contiguous to the site is based upon information ant Owner by Owners of such Underground Facilities or others, and ti assume responsibility for the accuracy or completeness thereof. :r that he has the f'mancial interest, nterested, directly erest in any land, hen the interest is )vided such stock ~ck. Any violation ~r employee of the . Any violation of >ns or corporations [ty Manager or the of the City has an moor and Spyglass )vements. It is the mine the Contract :onditions that may .sider federal, state ~ance or furnishing with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepan :ies in the Contract Documents. Failure to make these examinations shall in no way relieye any Bidder from the responsibility of fulfilling all of the terms of the contract, witho~ additional cost to the OWNER. / Information and data reflected in the Contract Documents with respect to Underground I data furnished to te Owner does not Before submitting a Bid, each Bidder will, at Bidder's own expense, additional examinations, investigations, explorations, tests and stud additional information and data which pertain to the physical c subsurface and Underground Facilities) at or contiguous to the ~-site. may affect cost, progress, performance or furnishing of the Work deems necessary to determine its Bid for performing and furnis Section 00110 - Instructions to Bidders make or obtain any [es and obtain any Dnditions (surface, ~r otherwise, which and which Bidder hing the Work in Page 3 CITY OF COPP~LL MEADOWS SUBDMSION STAGE II DIVERSION AND INLET PHASE I DRAINAGE IMPROVEMIhN'rs ITEM DESCRIP~ON ~ PLAN UNIT TOTAL NO. (~UAN PRICB COST 1 MO~r{~rZ.&TION AND BARRICADES I~ I $4.000 $4,000 2 SAWCUT CONC. PVMT & INTEGRAL CURB LF 500 ~ [ ~2.000 3 REMOVAL & DISPOSAL OF PVMT & CURB SY 245 $.5 $1~225 4 2~- ct. m RCP LF ~0~ ~38 s3.99o 6 36" c~ m RC~ LF ~6, $~o $~,16o ? 48" CL ~ RCP LF 242 $85 $20,5'/0 8 54" CL HI RCP LF 395 $ ! 15 $45,42~ 9 CRUSHED STONE EMBEDMENT CY 110 $45 10 S{~T .~.CT MATERIAL EMBEDMENT CY 585 $40 $23.400 11 ADD 6' EXT. TO EXIST. 8' CURB INLET EA I $2,000 $2,000 12 ADD 6' EXT. TO EXIST. 10' CURB INLET EA I $2,000 $2,000 t3 CONSTRUCT 10' CURB INLET F~ 1 $2.500 $2.500 14 CONSTRUCT 12' CURB INLET EA 2 $2,800 $5,600 15 CONSTRUCT 14' RECESSED CURB INLET EA 2 $3,200 $6,400 16 CON. CT EXIST. 18" TO 36" RCP EA I $3O0 $300 17 CONNECT ~'3OST. 27" TO 27" RCP EA 1 $300 $300 18 CAP EXIST. 2?" RCP & REMOVE LINE EA 1 $350 $350 19 CONNECT EX]ST. 36" TO 36" RCP EA 1 $300 $300 2o CAP t~mST. 48" RC~ & REMOVE ~ ~A 1 $3~0 $350 21 36" X 18" FACTORY WYE CONNECTION EA I ~4~0 $450 22 36" X 21" FACTORY WYE CONNECTION EA I $450 $450 23 36" X 27" FACTORY WYE CONNECTION EA 1 $450 24 Pn~E CONNECTIONS EA 4 S450 $1.800 25 CONSTRUCT 5'x 4' PRECAST REINF. CONC BOX LF 165 $140 $23,100 26 CONSTRUCT 8'x 7.5' x 6.5' JUNCTION BOX EA 1 ~[5,000 $5,000 27 ; CAP EXIST. 36" RCP & REMOVE LINE RA 1 $350 $350 28 ~ REPLACE 6" 3000 PSI REINF. CONCRETE PVM'r. SY 220 $35 ~,~7,700 2~ ' 6" 3000 PSI INTEGRAL ~ LF 50 $5 $250 30 CONSTRUCT SPECIAL HEADWALL EA 1 $5~000 $~?000 31 CONSTRUCT EMERGENCY OVERFLOW FLUME CY 22 $300 $6~600 32 LOCATE. LOWER & ENCASE WATER LINES EA. 2 $1,000 S2,000 33 REPLACE SS LINES WITH DX. & ENCASE EA 4 $750 $3~000 34 REPAm StDEW^T-~:-S, LANDSCAP~a & 6RASS LS I ~000 $2,OO0 SUBTOTAL ~191_345 10% CONTINGENCr~g $19v135 TOTAL ~zio~4so ADDITIVE ALTERNATES lA [ LOCATE~ LOWER, ENCASE WATER SERV. LINES lB { RF~LACE SS LINES WITH D.I. & ENCASE THIS STATEMENT WAS PREPARED U'I~ .r/3NG STANDARD COST ESTIMATION PRACTICE~ IT IS UNDERSTOOD AND AGI~-r) THAT THIS IS AN ESTIMATE ONLY, AND THAT THE ENGINF. F~ SHALL NOT BE LIABLE TO OWNER OR TO A THIRD PARTY FOR ANY FAILURE TO ACCURATELY ESTIMATE THE COST OF THE PROJECT, OR ANY PART THEREOF. 07/02/93 Albe~ H. ~ Associates, Inc. L'~AVC~2036XQUATrRO~CO-Vr.WQ1 6.4 6.5 6.6 7.2 8.2 accordance with the time, price and other terms and conditions Documents. On request in advance, Owner will provide each Bidder access to tl of the Contract te site to conduct explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall f'fll all holes, clean up and restore the site to its former condition~ upon completion of such explorations. / 1 The lands upon which the Work is to be performed, fights-of-way ~md easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. The submission of a Bid will constitute an incontrovertible representat Bidder has complied with every requirement of this Article 6, that wit Bid is premised upon performing and furnishing the Work require~ Documents and such means, methods, techniques, sequences or procedu as may be indicated in or required by the Contract Documents, and Documents are sufficient in scope and detail to indicate and convey terms and conditions for performance and furnishing of the Work. Interpretations and Addenda. All questions about the meaning or intent of the Contract Documents to the Purchasing Agent. Interpretations or clarifications considerex Purchasing Agent in response to such questions will be issued by ~ delivered to all Bidders recorded as having received the Bidding Doc~ received less than two days prior to the date for opening of Bids ma: Only questions answered by formal written Addenda will be bindin interpretations or clarifications will be without legal effect. F acknowledge on the bid proposal that all Addenda issued have been Addenda may also be issued to modify the Bidding Documents as de the Owner. Bid Security Each Bid must be accompanies by Bid security made payable to the an amount of five percent (5%) of the Bidder's maximum Bid price a certified or cashier's check or a Bid Bond issued by a surety mee~ of the Contract. The Bid security of the Successful Bidder will be retained until such [ the Agreement and furnished the required contact security, whereup~ will be returned, ff the Successful Bidder fails to execute and deliver furnish the:required contract security within fifteen (15) days a: Award, the Owner may annul the Notice of Award and the Bid Sec~ will be forfeited. The Bid security of other Bidders whom the Own Section 00110 - Instructions to Bidders ion by Bidder that aout exception the by the Contract es of construction that the Contract aderstanding of all are to be directed . necessary by the ~ddenda mailed or maents. Questions , not be answered. ~. Oral and other .ach Bidder shall '~ceived. med advisable by City of Coppell in md in the form of g the requirements ,idder has executed ~n the Bid security the Agreement and !ter the .Notice...of ........ rrity of that Bidder :r believes to have Page 4 9.2 9.3 11. a reasonable chance of receiving the award may be retained by the Ow of the fifteenth day after the Effective Date of the Agreement or nin the Bid opening, whereupon Bid security furnished by such Bidders wi security with Bids which are not competitive will be returned within th the Bid opening. Contract Time. The time for completion in calendar days should be included on th~ space provided. All work shall be completed within the calendar da) the Contractor's Proposal. The calendar day count shall commence ten after the date of the Notice to Proceed. Prior to the issuance of the Notice to Proceed by the Owner, the Conl a detailed Progress and Schedule chart to the Owner for approval. Extension of the contract time shall be based on a Change Order or as specified in Article 12 of the General Conditions. Liquidated Damages. Provisions for liquidated damages are set forth in the Contract. Liqu this project are: Two hundred-forty dollars ($240.00) per calendar d Substitute or "Or-Equal" Items. The Contract, if awarded, will be on the basis of materials and equil the Drawings or specified in the Specifications without consideration oi or "or-equal" items. Whenever it is indicated in the Drawings Specifications that a substitute or "or-equal" item of material or furnished or used by Con~'actor if acceptable to Engineer, application will not be considered by Engineer until after the Effective Date of substitutions should be considered during the bidding process. 12. Subcontractors, Suppliers and Others. 12.1 If the Owner requests the identity of any Subcontractors, Suppliers organizations to be submitted to Owner in advance of the specifie Effective Date of the Agreement, the apparent Successful Bidder, ar. so requested, shall within seven (7) days after the request submit to such Subcontractors, Suppliers and other persons and organizations portions of the Work for which such identification is requested. accompanied by an experience statement with pertinent informatio projects and other evidence of qualification for each such Subcontract ..... or-.organization.ff~requested by Owner, If Owner after due investi.g~ objection to any proposed Subcontractor, Supplier, other person or may before the Notice of Award is given request the apparent S~ Section 00110 - Instructions to Bidders ~er until the earlier ~ty (90) days after il be returned. Bid iny (30) days after Bid Form in the count required by (10) calendar days ractor shall submit vritten amendment idated damages for ~.y. ~ment described in ! possible substitute ~r specified in the xtuipment may be ."or such acceptance Ne Agreement. No :~r other persons or :l date prior to the d any other Bidder Owner a list of all proposed for those Such list shall be regarding similar ,r, Supplier, person tion- has -reasonable organization, either tccessful Bidder to Page 5 12.2 13. 13.1 13.2 13.3 submit an acceptable substitute in which case the apparent Successful an acceptable substitute. Bidder's Bid price may be increased difference in cost occasioned by such substitution, and Owner may adjustment in evaluating Bids and making the contract award. If apparent Successful Bidder declines to make any such substitution the contract to the next lowest Bidder that proposes to use accepta[ ridder shall submit decreased) by the onsider such price Owner may award ,lc Subcontractors, Suppliers and other persons and organizations. The declining t,> make requested substitutions will not constitute grounds for sacrificing the Bid secufi ty of any Bidder. No Contractor shall be required to employ any Subcontractor, Suppli e.r, other person or organization against whom Contractor has reasonable objection. Bid Proposal. Two (2) completed Bid Proposals must be submitted in a sealed en~ elope as described in Item 16. The blank spaces in the Bid Form shall be filled in for e. ich item for which a quantity is given and the Bidder shall state the price for which he proposes to do each item of work. All blanks on the bid form must be completed in ink or typed. No substitutions, revisions, or omissions from the plans and/or specificatie as will be accepted unless authorized in writing by the Owner. Alternate Bids are included in this proposal package to account br possible utility supports and/or relocations. Each blank shown in the Alternate Bids must be completed as specified in Item 13.1. Individual totals for these Alternate Bids should reflect the increase in cost, over the base bid, should this adjustment and/or relc cation be required. The legal status of the Bidder, that is, as a corporation, partnership, x individual, must be stated on the Bid Form. A corporation Bidder must name the state in which the organization is chartered. Bids which are signed for a corporation sh fll have the correct corporate name thereof, its post office address, and the signature of th~ president or other authorized officer of the corporation, manually written below the corporate name in the following manner: "By.~." 1 1 If the bid is made by an individual, his post office address shall be given. Bids which are not signed by the individuals making them shall have attached attorney evidencing authority to sign the bid in the name of the pe~ signed. If the bid is made by a rum or parmership, the name and post of managing member of the firm or partnership shall be given or the bi~ an attorney-in-fact. If signed by an attorney-in-fact, there shall be a power of attorney evidencing authority to sign the bid, executed by fn-m or partners. Section 00110 - Instructions to Bidders thereto a power of son for whom it is ~ce address of the t may be signed by ,/ached to the bid a ~ae members of the Page 6 14. Provision Concerning Escalator Clauses. 15. 16. 17. 17.1 17.2 18. Bids containing any condition which provides for changes in the state increase or decrease in the costs of materials, labor, or other item project, may be rejected and returned to the Bidder without being co: Estimates of Quantities. The quantities listed in the Bid Form will be considered as appmxima for the comparison of bids. Payments will be made to the Contractor quantities of work performed or materials furnished in accordance wit] quantity of work to be done and the materials may be increased or de( for in the Contract Documents. Submission of Bids. Bids will be received by the PUrchasing Agent, and shall be submitte~ Agent, City of Coppell, at the Town Center, 255 Parkway Boulev~ Coppell, Texas 75019 until a.m. on publicly opened and read aloud. Two identical copies of the bid enc sealed envelope and marked with the Project tire and the name and ad shall be submitted. If the Bid is sent through the mail or other deliver envelope shall be enclosed in a separate envelope with the notation MEADOWS SUBDIVISION - STAGE II - DIVERSION AND INI Y it and addressed to the Purchasing Agent, City of Coppell, Texas. Modification and Withdrawal of Bids. Bids may be modified or withdrawn by an appropriate document du manner that a Bid must be executed) and delivered to the place wi submitted at any time prior to the opening of Bids. If, within twenty-four hours after the Bids are opened, any Bidder written notice with the Owner and promptly thereafter demonstrate: satisfaction of Owner that there was a material and substantial mistak of the Bid, that Bidder may withdraw his bid. Thereafter, that Bidder from further bidding on the work. Rejection of Bids. Bids may be rejected if they show alterations of form, additions not ca bids, incomplete bids, erasures or irregularities of any kind. The Own to waive any irregularities in the bids as received and to reject any ~ qualification(s). More than one bid from an individual, firm or para or.association, under the same or different names, will not be consi grounds for believing that a Bidder is interested in more than one sue~ Section 00110 - Instructions to Bidders bid prices due to required for this lsidered. te and will be used only for the actual ~ the contract. The .teased as provided to the Purchasing ri, P.O. Box 478, , and then losed in an opaque dress of the Bidder ? system the sealed "BID ENCLOSED .TS" on the face of ty executed (in the .ere Bids are to be Fries a duly signed to the reasonable ; in the preparation ~,ill be disqualified [led for, conditional :r reserves the right ad all bids without tership, corporation dered. Reasonable bid may cause the Page 7 19. 20. 20.1 20.2 20.3 rejection of all bids in which said Bidder is interested. Bids in which unbalanced may be rejected. Bids to Remain Subject to Acceptance. All Bids will remain subject to acceptance for ninety (90) days after opening, but the Owner may, in its sole discretion, release any Bid pi Award of Contract. The Owner reserves the right to reject any and all Bids, to waive any a~ except for the time of submission of the Bid and to negotiate contr Successful Bidder. The Owner also reserves the right to reject a nonresponsive, unbalanced or conditional Bids. Also, the Owner re reject the Bid of any Bidder if the Owner believes that it would not be of the Project to make an award to that Bidder, whether because the Bi or the Bidder is unqualified or has doubtful financial ability or fails pertinent standard or criteria established by the Owner. Disc multiplication of units of Work and unit prices will be resolved in prices. Discrepancies between the indicated sum of any column of riga sum thereof will be resolved in favor of the correct sum. In evaluating Bids, the Owner will consider the qualifications of the F not the Bids comply with the prescribed requirements,' and such alte completion time, and other data, as may be requested in the Bid Fc Notice of Award. The Owner may consider the qualifications and experience of m Suppliers, or other persons or organizations proposed for those portir to which the identity of Subcontractors, Suppliers, and other persons must be submitted as requested by the Owner. The Owner also operating costs, maintenance requirements, performance data and g~ items of materials and equipment proposed for incorporation in the W, is required to be submitted prior to the Notice of Award. 20.4 The Owner may conduct such investigations as the Owner deems ne the evaluation of any Bid and to establish the responsibility, qualific, stability of Bidders, proposed Subcontractors, Suppliers and organizations to perform and furnish the Work in accordance Documents to the Owner's satisfaction within the prescribed time. 20.5 20.6 If contract is to be awarded, it will be awarded to the lowest and be whose evaluation by the Owner indicates to the Owner that the awari interests of the Project. If the contract is to be awarded, the Owner will give the Successful Award within ninety (90) days after the date of the Bid opening. Section 00110 - Instructions to Bidders ices are obviously he day of the Bid ior to that date. id all informalities ~ct terms with the I1 nonconforming, ;erves the right to in the best interest ~ is not responsive to meet any other .xepancies in the favor of the unit res and the correct ~idders, whether or mates, unit prices, rm or prior to the ty Subcontractors, ,ns of the Work as and organizations may consider the tarantees of major >rk when such data :essary to assist in .tions and financial ther persons and ~ith the Contract st qualified Bidder will be in the best Bidder a Notice of Page 8 21. Return of Bid Guaranty. 22. 23. 24. 25. The Owner will have the right to retain the bid security of all Bidders Contract has been executed and bonds have been furnished or (b) the elapsed so that Bids may be withdrawn, or (c) all Bids have been rej~ Contract Security. The Construction Contract sets forth the Owner's requirements a: Payment and Maintenance Bonds. When the Successful Bidder del Agreement to the Owner, it must be accompanied by original,, Performance and Payment Bonds. The cost of all Bonds is not a sep shall be included in the total Contract sum, Ail bonds shall be executed by sureties, with which the Owner authorized to do business in the State of Texas having a grading fro~ Guide of "A+10" or better, and having sufficient capital, surplus, an~ in relation to the contract price for the work to be performed u Documents. Execution of Agreement. Within fifteen (15) days after written notification of award of the conl~ Bidder shall execute and furnish to the Owner three (3) original sign Certificate of Insurance. The Performance Bond, Payment Bond and Maintenance Bond are t~ guaranty of the faithful performance of the Work, for the protection ¢ labor and materials and maintenance of work for one (1) year after owner. The Certificate of Insurance is to be furnished as a guaranty that the by insurance as required by the Contxact Documents. Failure to Execute Contract and Bonds. Should the Bidder to whom the contract is awarded refuse or negl submit the contract and bonds within fifteen (15) days after written award of the contract, the Bid Guaranty fried with the Bid shall bece the Owner, not as a penalty, but as liquidated damages. Affidavit of Bills Paid. Prior to final acceptance of this project by the Owner, the Contract~ affidavit that all bills for labor, materials, ~and incidentals incur. ~onstmcfion haVe been paid in full, and that there are no claims peni Section 00110 - Instructions to Bidders until either (a) the specified time has :cted. ; to Performance, [vers thc executed . of the required ~rate pay item and las no objections, a Best's Insurance t retained earnings nder the Contract act, the Successful ed contracts and a ~ be' furnished as a ,f the claimants for acceptance by the Bidder is covered :ct to execute and notification of the me the property of )r shall execute an :ed in the project ting. Page 9 26. Bid Compliance. 27. 28. 29. 30. 31. 32. Bid must comply with all Federal, State, County and local laws. Conu nor work any illegal alien. Notice to Proceed. Upon execution of the Contract and Bonds, the Owner will issue Proceed to the Contractor requesting that he proceed with the Contractor shall commence work within ten (10) calendar days afte~ to Proceed. Sales Tax. The bidder shall not include or provide for sales tax on tangible pers, incorporated into the project. In order to be exempt from the sales u personal property, the contract shall separate and provide separate ch to be incorporated into the project from charges for labor. The Ci~ Contractor with an exemption certificate for the materials. The contn issue a resale certificate in lieu of paying a sales tax at the time of ptr shall show the cost of materials to be incorporated into the contract property) in the space provided on the bid form. The successful bidd¢ used to develop a separated contract and will determine the extent of Upon execution of the construction contract, the successful bidder shal breakdown of 1) materials incorporated into the project; and 2) supervision and materials not incorporated into the project. Silence of Specification. The apparent silence of these SPecifications as to any detail or to thc from it of a detailed description concerning any point, shall be regarr only the best commercial practices are to prevail. All interl: specifications shall be made on the basis of this statement by Owner representative. Change Orders. No oral statement of any person shall modify or otherwise change, conditions or specifications stated ~in the resulting contract. All ct contract will be made in writing by the Owner. Assignment. The Successful Bidder shall not sell, assign, transfer or convey this c, in part, without the prior written consent of Owner. Venue. This agreement will be governed and construed according to the Texas. This agreement is performable in Dallas County, Texas. Section 00110 - Instructions to Bidders ~ctor shall not hire written Notice to :onsmmtion. The the date of Notice mai property to be x on such tangible arges for materials 3~ will provide the [ctor is expected to :chase. The bidder (tangible personal ~ bid form will be the tax exemption. provide a per item labor, equipment, apparent omission .ed as meaning that retafions of these or their authorized )r affect the terms, ange orders to the retract, in whole or tws of the State of Page 10 DIVISION 0 - BIDDING AND CONTRACT DOCUMENTS SECTION 00140 - BID FORM PROJECT IDENTIFICATION: Phase I Drainage Improvements for Mea~ Stage 11 - Diversion and Inlets in Coppell, Texas. BID OF DATE (NAME OF FIRM) THIS BID IS SUBMITTED TO: City of Coppell (hereinafter called OW~ c/o Purchasing Agent 255 Parkway Boulevard P.O. Box 478 Coppell, Texas 75019 CITY OF COPPELL BID NO: The undersigned BIDDER proposes and agrees, if this Bid is accept~ agreement with OWNER in the form included in the Contract Docum{ furnish all Work as specified or indicated in the Contract Documen Price and within the Contract Time indicated in this Bid and in accor& terms and conditions of the Contract Documents. BIDDER accepts all of the terms and conditions of the Advertise: Bidders and Instructions to Bidders. This Bid will rem subject to ac (90) days after the day of Bid opening. BIDDER will sign and sub: with other documents required by the Bidding Requirements within f'~ the date of OWNER's Notice of Award. In submitting this Bid, BIDDER represents, as more fully set forth that: (a) BIDDER has examined copies of all the Bidding Documents a Addenda (receipt of all which is hereby acknowledged): No: Date: Rec'd: (b) BIDDER has familiarized itself with the nature and extel Documents, Work, site, locality, and all local conditior Regulations that in any manner may affect cost, progres furnishing of the Work. Section 00140 - Bid Form ~ws Subdivision - ~ to enter into an :nts to perform and :s for the Contract race with the other ment or Notice to :eptance for ninety nit the Agreement een (15) days after in the Agreement, ~.d of the following it of the Contract ~s and Laws and s, performance or Page 1 (c) (d) (e) (f) (g) BIDDER has studied carefully all reports and drawings of sul contained in the contract documents and which have been use the contract documents. CONTRACTOR may rely upon technical data contained in such reports, but not upon interpretations or opinions contained therein~ or for the coral; CONTRACTOR's purposes. Except as indicated in the sentence, CONTRACTOR shall have full responsibilit, subsurface conditions at site. BIDDER has studied carefully all drawings of the physic; relating to existing surface or subsurface structures on ti contained in the contract documents and which have been uti] of the contract documents. CONTRACTOR may rely upon technical data contained in such drawings, but not for the coml~ CONTRACTOR'S purposes. Except as indicated in the imm sentence, CONTRACTOR shall have full responsibility with conditions in or relating to such structures. BIDDER has obtained and carefully studied (or assumes obtaining and carefully studying) all such examinatio explorations, tests and studies (in addition to or to suppleme] in (c) above) which pertain to the subsurface or physical con~ otherwise may affect the cost, progress, performance or fum as BIDDER considers necessary for the performance or furn at the Contract Price, within the Contract Time and in accord terms and conditions of the Contract Documents; and no addit investigations, explorations, tests, reports or similar informatio be required by BIDDER for such purposes. BIDDER has reviewed and checked all information and data on the Contract Documents with respect to existing Undergrc contiguous to the site and assumes responsibility for the accm Underground Facilities. No additional examinations, investig~ tests, reports or similar irLformation or data in respect of Facilities are or will be required by BIDDER in order to peril Work at the Contract Price, within the Contract Time and in other terms and conditions of the Contract Doc,ments. BIDDER has correlated the results of all such observat investigations, explorations, tests, reports and studies with the of the Contract Documents. BIDDER has given ENGINEER written notice of all discrepancies that it has discovered in the Contract Docum r.eso!ution ~ereof by ENGINEER is acceptable to BIDDER Section 00140 - Bid Form ~sufface conditions :l in preparation of ae accuracy of the aontechnical data, eteness thereof for ~ediately preceding with respect to conditions in or .e site, which are ized in preparation the accuracy of the leteness thereof for ~ediately preceding respect to physical responsibility for as, investigations, it those referred to ifions at the site or .shing of the Work ishing of the Work race with the other .onal examinations, or data are or will hown or indicated und Facilities at or ate location of said fions, explorations, said Underground ,rm and furnish the ecordance with the ons, examinations, ~.rms and conditions :onflicts, errors or nts and the written Page 2 (h) This Bid is genuine and not made in the interest of or undisclosed person, fnma or corporation and is not submitted any agreement or rules of any group, association, organizati. BIDDER has not directly or indirectly induced or solicited a~ submit a false or sham Bid; BIDDER has not solicited or in firm or corporation to refrain from bidding; and BIDDER collusion to obtain for itself any advantage over any oth, OWNER. ¢) It is understood and agreed that the following quantifies of worl prices are approximate only, and are intended principally to evaluating bids. (J) It is understood and agreed that the quantities of work to be and materials to be furnished may be increased or dimi: considered necessary in the opinion of the OWNER to comp as planned and contemplated, and that all quantities of work, or decreased, are to be performed at the unit prices set forth, for in the Contract Documents. It is understood and agreed that all work under this contract will be cc bid calendar days. Completion date will be established in the Notice 5. BIDDER will complete the Work for the following price(s): Section 00140 - Bid Form on behalf of any n conformity with ~n or corporation; ~y other Bidder to tuced any person, as not sought by :r Bidder or over to be done at unit :rye as a guide in tone at unit prices dshed as may be [ere the work fully whether increased :xcept as provided mpleted within the to Proceed. Page 3 Unit Price Bid Schedule Phase I Drainage Improvements Meadows Subdivision - Stage II Diversion and Inlets Base Bid ::::::::::::::::::::::::::::: ========================================================================================================================== 1 1 L.S. Mobilization, barricades, erosion control and phasing, Complete in place. Dollars and Cents per L, mp S~rn~ 2 500 L.F. Sawcut concrete pavement and integral curb, Complete in place. Dollars and Cents per Linear Foot. 3 245 S.Y. Removal and disposal of pavement and curb, Complete in place. Dollars and Cents per Square Yard. 4 105 L.F. 21" Class IXI R. CP, Complete in place. Dollars and Cents per Linear Foot. 5 75 L.F. 27" Class ffI RCP, Complete in place. Dollars and Cents per Linear Foot. Section 00140 - Bid Form Page 4 Unit Price Bid Schedule Phase I Drainage Improvements Meadows Subdivision - Stage H Diversion and Inlets Base Bid 6 36 L.F. 36" Class III RCP, Complete in place. Dollars and Cents per Linear Foot. 7 242 L.F. 48" Class III RCP, Complete in place. Dollars and Cents per Linear Foot. 8 395 L.F. 54" Class III RCP, Complete in place. Dollars and Cents per Linear Foot. 9 110 C.Y. Crushed Stone Embedment, Complete in place. Dollars and Cents per Cubic Yard. Section 00140 - Bid Form Page 5 Unit Price Bid Schedule Phase I Drainage Improvements Meadows Subdivision - Stage H Diversion and Inlets Base Bid ::::::~::.~ :~.::::::: ~ ............... ~::::~::: ~ ~ .................................. -..' ............................................ 10 585 C.Y. Select Material Embedment, Complete in place. Dollars and Cents per Cubic Yard. 11 1 EA. Add 6' ext. to existing 8' curb inlet, Complete in place. Dollars and Cents per Each. 12 I EA. Add 6' ext. to existing 10' curb inlet, Complete in place. Dollars and Cents per Each. 13 i EA. Construct 10' curb inlet, Complete in place. Dollars and Cents per Each. Section 00140 - Bid Form Page 6 Unit Price Bid Schedule Phase I Drainage Improvements Meadows Subdivision - Stage H Diversion and Inlets Base Bid 14 15 16 17 2 Construct 12' curb inlet, Complete in place. EA. Dollars and Cents per Each. 2 EA. EA. EA. Construct 14' recessed curb inlet, Complete in place. Dollars and Cents per Each. Connect existing 18" RCP to 36" RCP, including concrete collars, Complete in place. Dollars and Cents per Each. Connect 27" RCP to existing 27" RCP, including concrete collars, Complete in place. and per Each. Dollars Cents Section 00140 - Bid Form Page 7 Unit Price Bid Schedule Phase I Drainage Improvements Meadows Subdivision - Stage H Diversion and Inlets Base Bid ~:~.':.~*~!.~.~': ~ ~ ~ ~.:~...-~ .: ~ ~.::~i~i~i~.:~ i~i~:.~~:~.. '-::~.~:~::-"-:~::.".:~:.~?..~:';.'~."~: ::::::::::::::::::::::::::::::::::::::::::: ::.-::::::::::: ~ ::::: ................ :::.~:: :~*~:~*~: 18 1 EA. Cap existing 27" RCP (Woodmoor) and remove 20' line, Complete in place. Dollars and Cents per Each. 19 1 EA. Connect 36" RCP to existing 36" RCP, including concrete collars, Complete in place. Dollars and Cents per Each. 20 1 EA. Cap existing 48" RCP (Woodmoor) and remove 43' line, Complete in place. Dollars and Cents per Each. 21 1 EA. 36" x 18" factory wye connection, Complete in place. Dollars and Cents per Each. Section 00140 - Bid Form Page 8 Unit Price Bid Schedule Phase I Drainage Improvements Meadows Subdivision - Stage H Diversion and Inlets Base Bid 22 1 EA. 36" x 21" factory wye connection, Complete in place. Dollars and Cents per Each. 23 1 EA. 36" x 27" factory wye connection, Complete in place. Dollars and Cents per Each. 24 4 EA. Pipe connections to existing mink lines including concrete collar, Complete in place. Dollars and Cents per Each. 25 165 L.F. Construct 5' x 4' reinforced concrete box, Complete in place. Dollars and Cents per Linear Foot. Section 00140 - Bid Form Page 9 Unit Price Bid Schedule Phase I Drainage Improvements Meadows Subdivision - Stage H Diversion and Inlets Base Bid 26 27 28 29 220 50 EA. S.Y. L.F. Construct 8' x 6.5' special junction box, Complete in place. Dollars and Cents per Each. Cap existing 36" RCP (Spyglass) and remove 12' line, Complete in place. and per Each. Dollars Cents Replace 6" 3000 PSI reinforced concrete pavement, including subgrade prep, Complete in place. Dollars and Cents per Square Yard. 6" 3000 PSI concrete integral curb, Complete in place. and per Linear Foot. Dollars Cents Section 00140 - Bid Form Page 10 Unit Price Bid Schedule Phase I Drainage Improvements Meadows Subdivision - Stage H Diversion and Inlets Base Bid 30 1 EA. Consu'uct special headwall, Complete in place. Dollars and Cents per Each. 3 ! 22 C.Y. Construct reinforced concrete flume, Complete in place. Dollars and Cents per Cubic Yard. 32 2 EA. Locate, lower encase water lines, Complete in place. Dollars and Cents per Each. 33 4 EA. Replace SS lines with D.I. and concrete encase, Complete in place. Dollars and Cents per Each. Section 00140 - Bid Form Page 11 Unit Price Bid Schedule Phase I Drainage Improvements Meadows Subdivision - Stage H Diversion and Inlets Base Bid :::-:~+.~. ~ ~ ': ::::::::::::::::::::::::::::: :~.J~:~..-':~.'.'.-'.~.,'.~:.<.~:?..:~:~!~:!:~'.'~i:~:~:i:~ :~:~ ~:~:~:.::~:i.c.:i:~.~.::i:!:~:i:~:~:~.~:~:~:i:~:~:~:~: ~:~: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: : .... 34 I L.S. Repair sidewalks, landscaping and grass, as needed, Complete in place. Dollars and Cents per Each. 35 1 L.S. Trench safety, Complete in place. Dollars and Cents per Lump Sum. SUBTOTAL BID ITEMS 1 THRU 35 TANGIBLE PERSONAL PROPERTY COST Signature: Section 00140 - Bid Form $ $ Page 12 UNIT PmCE Bm SCI-W~DULE WOODMOOR AND WESTWIND DroVE MEADOWS SUBDIVISION - STAGE II ALTERNATE A - ADDITION TO BASE Bm i.?~.~ '::.h':~:~:.'.'~:~:.' :.. :-~:-::::~:':'"'"':':'x ~:! i-i !:i:i.~:~:i:i ................................................... ~ ..... ::.:~ ::~: :: :::::::::::::::::::::::::::::::::::::::::: :.:.:.:.:.:.:.. :.: ......-...: :-... ............... :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: lA 2 EA. Locate, lower, encase water lines, Complete in place. Dollars and Cents per Each. TOTAL ADDITIVE ALTERNATE A $. TANGIBLE PERSONAL PROPERTY COST-ALT A $ UNIT PRICE Bm SCHEDULE WOODMOOR AND WESTWIND DRIVE MEADOWS SUBDIVISION - STAGE II ALTERNATE B - ADDITION TO BASE Bm lB 1 EA. Replace SS lines with D.I. and concrete encase, Complete in place. Dollars and Cents per Each. TOTAL ADDITIVE ALTERNATE B $ TANGIBLE PERSONAL PROPERTY COST-ALT B $ Signature: Section 00140 - Bid Form Page 13 BID SUMMARY TOTAL BASE BID: $ TOTAL ADDITIONS: ALTERNATE A: $, ALTERNATE B: $. e 10. BIDDER agrees that all Work awarded will be completed within . Conu'act time will commence to run as provided in the Conuact Doc Communications concerning this Bid shall be addressed to the ad indicated on the applicable signature page. BIDDER understands that the Owner is exempt from State Limited on tangible personal property to be incorporated into the project. included in the Contract Price (See Instructions to Bidders). The terms used in this Bid which are defined in the General Construction Contract included as part of the Contract Documents assigned to them in the General Conditions. SUBMI1WED on ,19 Section 00140 - Bid Form calendar days. umcnts. dress of BIDDER Sales and Use Tax Said taxes are not Conditions of the have the meanings Page 14 The undersigned certifies that the bid prices contained in this bid have been and are submitted as correct and final. Bidder further certifies and agrees to all commodities upon which prices are extended at the price offered, and u contained in the Specifications of the Invitation to Bid. The period of accept2 be calendar days from the date of the bid opening. (Period of ninety (90) calendar days unless otherwise indicated by Bidder.) STATE OF COUNTY OF BEFORE ME, the undersigned authority, a Notary Public in and for the SI; on this day personally appeared duly sworn, did depose and say: N~ NAME OF FIRM to execute the foregoing on behalf of the said wl NaM'VIE am a duly authorized officer/ag and have NA.M~ OF ~ I hereby certify that the foregoing bid has not been prepared in collusion w~l 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 nol Name and Address of Bidder: Telephone: ( ) by:. Title: Signature: SUBSCRIBED AND SWORN to before me by the above named on this the day of Section 00140 - Bid Form PLEASE PRIN3 carefully reviewed furnish any and/or pon the conditions nce of this bid will acceptance will be rte of , to after being by me gnt for een duly authorized ~t any other Bidder penlng of this bid. 6) months, directly :ontrol the price of to bid thereon." 1992. md for the State of Page 15 Notary Public in If BIDDER is: An Individual By doing business as Business address Phone No. A Partnership (lndivid~l's Name) By (F'mn Name) (G~aeral Business address Phone No. A Corporation By. (Corporation N~me) (stau~ of incorporation) By. (name of per, on amhorizeA to sign) (Corporate Seal) Attest (s~) Business address Phone No. A Joint Venture By. By. (N~e) (Each joint venturer must sigz~ The manner of $i.anin~a for e. agh jildlvidl~, pgl~ea'~hip Ired corlxn"~:iozl rh~r is & ~ [0 th~ joia indicated above). Section 00140 - Bid Form (Seal) (Seal) Page 16 should be in ~he mam~r EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGReeMENT is dated as of the day of and between the CITY OF COPP~:J I ~, TEXAS, a municipal corporation (hereinafter called (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set fo~ Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Conlract Doc~ generally described as follows: Meadows Subdivision - Stage II - Diversion and Inlets - Installation of Five (5) C1 and 1-10') and two (2) 6' inlet extensions; Approximately 840 LF of Storm s~ approximately 100 LF of 21" RCP for laterals; including a 5' x 4' box, 54" RCP, z and associated pavement and utility repairs. The Project for which the Work under the Contract Documents may be the whole or o~ described as follows: Phase I Drainage Improvements Meadows Subdivision- Stage II Diversion and Inlets Article 2. ENGINEER. The Project has been designed by: Albert H. Halff Associates, Inc. 8616 Northwest plata Drive Dallaq, Texas 75225 Conlract adminisuation will be provided by the City of Coppell Engineering Department w ENGINEER and who is to act as OWNER's representative, assume all duties and responsibik and authority assigned to ENGINEER in the Contract Documents in connection with corn accordance with the Contract Documents. Article 3. CONTRACT TIME. 3.1. The Work will be completed within __ calendar days from the date wl commences to nm as provided in paragraph 2.3 of the General Conditions, and c~ f'mal payment in accordance with paragraph 14.13 of the General Conditions. 3.2. Liquidated Damages. OWNER and CONTRACTOR reco~ize that time is Agreement and that OWNER will suffer financial loss ff the Work is not corn specified in paragraph 3.1 above, plus any extensions thereof allowed in accordanc General Conditions. They also recognize the delays, expense and difficulties invoh or arbitration proceeding the acme! loss suffered by OWNER if the Work is r Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER No/100- ..... dollars ($ 240.00 ) for each day that expires after the time specifi~ Completion until the Work is complete. in the Year by OWNER) and~ h, agree as follows: anents. The Work is rrb Inlets (2-14', 2-12' wer diversion system; ,8" RCP and 36" RCP; fly a part is generally ~o is hereinafter called ties and have the rights teflon of the Work in ten the Contract Time ~mpleted and ready for of the essence of this. pleted within the time with Article 12 of the ed in proving in a legal ot completed on lime. ~gree that as liquid~!~d two hundred-forty ~__d d in paragraph 3.1 for Article 4. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the Work in accord2 Documents in current funds subject to additions and deductions by Change Ord contract documents in accordance with the unit prices hsted in Section 00140 - Bid F shall be the amount of $ The total tangible personal property cost included in the contract sum is $ Article 5. PAYMENT PROCEDURES. CON'II~CTOR shall submit Applications for Payment in accordance with Article 14 of ~ Applications for Payment will be processed by ENGINEER as provided in the General Co~ 5.1. Progress Payments. OWNER shall make progress payments on account of th, basis of CONTRACTOR's Applications for Payment as recommended by ENGIN ~ day of each month during construction as provided below. All progress p basis of the progress of the Work measured by the schedule of values established General Conditions (and in the case of Unit Price Work based on the number of uni event there is no schedule of values, as provided in the General Requirements. 5.1.1. Prior to Completion, progress payments will be made in an amount indicated below, but, in each case, less the aggregate of payments previou amounts as ENGINEER shall determine, or OWNER may withhold, in acc 14.7 of the General Conditions. 90% of Work completed. 90% of materials and equipment not incorporated in the Work (but delive accompanied by documentation satisfactory to OWNER as provided in General Conditions). 5.2. Final Payment. Upon final completion and acceptance of the Work in acc( 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract 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 folio, 7.1. CONTRACTOR has familiarized itself with the nature and extant of the Con! site, locality, and all local conditions and Laws and Regnlatlons that in any m progress, performance, or furnishing of the Work. 7.2. CONTRACTOR has studied carefully all reports of explorations and tests of su drawings of physical conditions which are identified in the Supplementary Coz paragraph 4.2 of the General Conditions, and accepts the determination set forth in' Supplementary Conditions of the extent of the te~. hnical data contained in such re which CONTRACTOR is entitled to rely. 2 nce with the Contract ~rs as provided in the rm. The contract sum General Conditions. tditions. ,~ Contract Price on the :_.ER, on or about the ayments will be on the m paragraph 2.9 of the ts completed) or, in the :qual to the percentage sly made and less such ~dance with paragraph ed, suitably stored and >aragraph 14.2 of the dance with paragraph Price as recommended ring representations: act Documents, Work, anner may affect cost, bsurface conditions and tditions as provided in }aragraph SC-4.2 of the arts and drawings upon 7.3. CONTRACTOR has obtained and carefully studied (or assumes responsibil carefully studying) all such examinations, investigations, explorations, tests, reports, l to or to supplement those referred to in paragraph 7.2 above) which pertain to the: conditions at or contiguous to the site or othenvise may affect the cost, progress, peril of the Work as CONTRACTOR considers necessary for the performance or furnish Contract Price, within the Contract Time and in accordance with the other terms ity for obtaining and nd studies (in addition mbsurface or physical )finance, or furnishing ng of the Work at the and conditions of the Contract Documents, including specific, any the provisions of paragraph 4.2 of the G?neral Con~tions; and no additional examinations, investigations, explorations, tests, reports, studies, or similar informatton or rlatn are or will be required by CONTRACTOR for such purposes, l 1 7.4. CONTRACTOR has reviewed and checked all information and data shown or in( licated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No ad investigations, explorations, tests, repons, studies, or similar information or a~ Underground Facilities are or will be required by CONTRACTOR in order to perfor~ at the Contract Price, within the Contract Time and in accordance with the other t( the Contract Documents, including specifically the provisions of paragraph 4.3 of ti 7.5. CONTRACTOR has correlated the results of all such observations, examh explorations, tests, reports, and studies with the terms and conditions of the Contr~ 7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors o has discovered in the Conlract Documents and the written resolution thereof by EN to CONTRACTOR. Article 8. CONTRACT IX)CUNmNTS. The Contract Documents which comprise the entire agreement between OWNER and CON' the Work consist of the following: 8.1. This Agreement (pages 1 to 5_, inclusive). 8.2. Exhibits to this agreement (pages to , inclusive). 8.3. Certificate of Insurance. 8.4. Notice of Award. 8.5. General Conditions (pages 1 to ~ inclusive). 8.6. Supplementary Conditions (pages ! to 9_, inclusive). 8.7. Specifications bearing the rifle Construction Specifications and Contract E Drainage Improvements, Meadows Subdivision - Stage II, Diversion and Inlets, an¢ 0 thru Division 2, as listed in the table of contents thereof. 8.8. Drawings, consisting of a cover sheet and sheets numbered DA-l, DA-2, DA-3, SD-3 SD4, SD-7, SD-9, SD-10, SD-13A, SD-14, SD-18? SD-20, SD-22, and SD- STM-1 bearing the following general ritle: Meadows - Stage II Meadowglcn Diversion Drainage Improvements lifional examinations, m in respect of said and furnish the Work rms and conditions of te General Conditions. afions, investigations, ct Documents. r discrepancies that he ;INEER is acceptable FACTOR concerning ocuments for Phase I consisting of Division STM-1, STM-2, SD-l, inclusive with sheet 8.9 The following listed and numbered addenda~ 8.10. CONTRACTOR'S Bid (pages 1_ to ~ inclusive) marked Division O-Bidding ar Section 00140-Bid Form. 8.11. Documentation submitted by CONTRACTOR prior to Notice of Award (page~ 8.12. The following which may be delivered or issued after the Effective Date of ! not attached herew: All Written Amendments and other documents amending, modif the Contract Documents pursuant to paragraphs 3.4 and 3.5 of the General Conditi 8.13. The documents listed in paragraphs 8.2 et seq. above are attached to this expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 8. The Conwa¢ be amended, modified, or supplemented as provided in paragraphs 3.4 and 3.5 of the Genei Article 9. MISCELLANEOUS. 9.1. Terms used in this Agreement which are defined in Article 1 of the General C meanings indicated in the General Conditions. 9.2. No assignment by a party hereto of any rights under or interests in the Contt binding on another party hereto without the written consent of the party sought to be but without limitation moneys that may become due and moneys that are due may ~ such consent (except to the extent that the effect of this restriction my be limi~ specifically stated to the contrary in any written consent to an assignment no assi discharge the assignor from any duty or responsibility under the Contract Docume 9.3. OWNER and CONTRACTOR each binds itself, its panners, successo representatives to the other party hereto, its partners, successors, assigns and legal re of all covenants, agreements and obligations contained in the Contract Documents Article 10. OTHER PROVISIONS. d Contract Documents to m, inclusive). he Agreement and are ting, o~ supplementing )ns. Agreement (except as t Documents may only al Conditions. )ndifious will have the act Documents will be ~Ound; and specifically ot be assigned without ,~1 by law), and unless gnment will release ~ rs, assigns and legal )resentafives in respect IN WITNESS WHEREOF, OWNER and CON'II~CTOR have signed this Agreement in tripl each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of th have been signed or identified by OWNER and CONTRACTOR or by ENGINI~KR on th¢i This Agreement will be effective on OWNER: CITY OF COPPF. I J- CONTRACTOR: 255 Parkway Boulevard Coppell, TX 75019 BY: BY: TITLE: TITLE: ATTEST: ATTEST: Address for giving notices: P.O. BOX 478 Coppell, TX 75019 Atto: Ken Griffin, P~E. City Engineer (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement.) ,19 Address for giving notices: (If CONTRACTOR is a corporation, a of authority to sign). icate. One counterpart Contract Documents behalf. aach evidence This document has important legal consequences: consultation with an attorney is e acouraged with · respect to its completion or modification. STANDARD GENERAl, CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by Engineers' Joint Contract Documents Commil and Issued and Published Jointly By EAM£RI~N 1 SOCIETY OF' ~ CML .~ NGINEER$/ u1¢o£o~ tee 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 approved and endorsed by The Associated General Contractors of America 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 Engifieering Services and _C~on~t_ract Documents, No.' i910-9, guidance in the preparation of Supplementary Conditio~ng, 'see Guide to the Prepar mentary Conditions (No. 1910-17, 1983 edition). When bidding is involved, the St Instructions to Bidders (No. 1910-12, 1983 edition) may be used. greements (No. Lnge in one may he Commentary 18'i 'editian. For ztion of Supple- andard Form of No. 1910-8 (1983 Edition.) © 1983 National Society of Professional Engineers 2029 K Street, N.W., Washington, D.C. 20006 American Consulting Engineers Council 1015 15th Street, N.W., Washington, D.C. 20005 American Society of Civil Engineers 345 East 47th Street. New York, NY 10017 Construction Specifications Institute 601 Madison St., Alexandria. VA 22314 TABLE OF CONTENTS OF GENERAL CONDITIONS Article Number 1 2 3 Title DEFINITIONS ............................................ .... ~ ...., PRELIMINARY MATTERS ........................................ CONTRACT DOCUMENTS: INTENT, AMENDING AND REUSE ............................... 4 AVAILABILITY OF LANDS: PHYSICAL CONDITIONS: REFERENCE POINTS .............................................. 5 BONDS AND INSURANCE ........................................ 6 CONTRACTOR'S RESPONSIBILITIES ............................ 7 OTHER WORK ..................................................... 8 OWNER'S RESPONSIBILITIES .................................... 9 ENGINEER'S STATUS DURING CONSTRUCTION .............. 10 CHANGES IN THE WORK ......................................... 11 CHANGE OF CONTRACT PRICE .................................. 12 CHANGE OF CONTRACT TIME ................................... 13 WARRANTY AND GUARANTEE: TESTS AND INSPECTIONS: CORRECTION. REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ........................... 14 PAYMENTS TO CONTRACTOR AND COMPLETION ............ 15 SUSPENSION OF WORK AND TERMINATION .................. 16 ARBITRATION ..................................................... 17 MISCELLANEOUS ................................................. Page 7 8 10 II 14 18 .19 19 21 21 24 24 26 29 31 32 Article or Paragraph Number Acceptance of Insurance ............................. 5.13 Access to the Work .................................. 13.2 Addenda--definition of (see definition of Specifications) ........................................ 1 Agreement--definition of ................................ 1 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 .............................. 1 Before Starting Construction ...................... 2.5-2.7 Bid--definition of ....................................... 1 Bonds and Insurance--in general ........................ 5 Bonds~definition of ..................................... 1 Bonds, Delivery of ............................... 2.1,5.1 ~onds, Performance and Other .................... 5.1-5.2 Cash Allowances ..................................... 11.8 Change Order--definition of ............................. 1 Change Orders--to be executed ...................... 10.4 Changes in the Work ................................... 10 Claims, Waiver of--on Final Payment ............... 14.16 Clarifications and Interpretations ...................... 9.4 Cleaning ............................................. 6.17 Completion ............................................. 14 Completion, Substantial ......................... 14.8-14.9 Conference, Preconstruction .......................... 2.8 Conflict, Error, Discrepancy--Contractor to Report ...................................... 2.5.3.3 Construction Machinery, Equipment, etc .............. 6.4 Continuing Work ..................................... 6.29 Contract Documents--amending and supplementing .................................. 3.4-3.5 Contract Documents--definition of ...................... I Contract Documents--Intent ...................... 3.1-3.3 Contract Documents--Reuse of ....................... 3.6 Contract Price, Change of .............................. 11 Contract Price--definition ............................... 1 Contract Time, Change of .............................. 12 Contract Time, Commencement of .................... 2.3 Contract Time---definition of ............................ 1 Contractor~efinition of ................................ 1 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 ........................ 14.3 Contractors---other ...................................... 7 Contractual Liability Insurance ......................... 5.4 Coordinating Contractor--definitio ,of ................ 7.4 Coordination ........................................... 7.4 Copies of Documents ................................... 2.2 Correction or Removal of Defecti~ Work ........... 13.11 Correction Period, One Year ......................... 13.12 Correction, Removal or Acceptanc :,of Defective Work--in general · 13.11-13.14 Costmnet decrease .................................. 11.6.2 Cost of Work ..................................... 11.4- I 1.5 Costs, Supplemental ................................. 11.4.5 Day4efinition of ..................................... 1 Defective--definition of ...... i ........................ 1 Defective Work, Acceptance of ...................... 13.13 Defective Work, Correction or Re~ oval of .......... 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 ......... i ....................... 2.2 Documents. Record .................................. 6.19 Documents. Reuse .................................... 3.6 Drawings~definition of ................................. 1 Easements ............................................ 4.1 Effective date of Agreement--defi~ fition of ............... I Emergencies ......................................... 6.22 Engineer--definition of .................................. I Engineer's Decisions ............................ 9.10-9.12 Engineer's--Notice Work is Accel~table ............. 14.13 Engineer's Recommendation of Pay.ment ...... 14.4. 14.13 Engineer's Responsibilities, Limit:tt~ons on .................................. 6.6,9.11,9.13-9.16 Engineer's Status During Constrm :t~on--in general ...... 9 Equipment, Labor, Materials and .................. 6.3-6.6 Equivalent Materials and Equipm~ nt .................. 6.7 Explorations of physical condition ................... 4.2 Fee, Contractor's~Costs Plus ....................... 11.6 Field Order--definition of ............................... 1 Field Ordermissued by Engineer ................ 3.5.1.9.5 Final Application for Payment ....................... 14.12 Final Inspection ..................................... 14.11 Final Payment and Acceptance ...................... 14.13 Final Payment. Recommendation ff ........... 14.13-14.14 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; I Guarantee of Work--by Contractor ................... 13.1 Indemnification ............................. 6.30-6.32, 7.5 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-definition of ..................... 1 Laws and Regulations~general ....................... 6.14 Liability Insurance--Contractor's ..................... 5.3 Liability Insurance--Owner's ......................... 5.5 Liens~definitions of ................................ 14.2 Limitations on Engineer's Responsibilities ..................... 6.6, 9.11, 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 .......................... 1 Notice to Proceed~efinition 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 .................................... I Owner May Correct Defective Work ................. 13.14 Owner May Stop Work .............................. 13.10 Owner May Suspend Work, Terminate .......... 1~. 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 Payments to Contractor--when due ........... 14.4, 14.13 Payments to Contractor--withhol ding ................ 14.7 Performance and other Bonds ..................... 5.1-5.2 Permits ............................................... 6.13 Physical Conditions ................................... 4.2 Physical Conditions--Engineer's Physical Conditions--existing str Physical Conditions~exploration Physical Conditions~possible dc Physical Conditions--price and ti Physical Conditions~report of di Physical Conditions---Undergrou review ............. 4.2.4 actures 4.2.2 s and reports ..... 4.2.1 :ument change ... 4.2..5 me adjustments .. 4.2.5 ffering ........... 4.2.3 ~d Facilities ........ 4.3 Preconstruction Conference ........................... 2.8 Preliminary Matters ..................................... 2 Premises, Use of ............... : ................ 6.16-6.18 Price, Change of Contract .............................. 11 Price-Contract---definition of ............................ 1 Progress Payment, Applications or ................... 14.2 Progress Payment--retainage ........................ 14.2 Progress schedule .............. 2.6, 2.9, 6.6, 6.29, 15.2.6 Project---definition of ....... ; ....: ...................... 1 Project Representatior~provisio n for ................. 9.3 Project Representative, Resident.--definition of ..........1 Project, Starting the .................................... 2.4 Property Insurance ............................... 5.6-5.13 Property Insurance--Partial Utili :ation ............... 5.15 Property Insurance--Receipt and Application of Proceeds .................................... 5.12-5.13 Protection, Safety and ............................ 6.20-6.21 Punch list ..................... 14.11 Recommendation of Payment ................ 14.4. 14.13 Record Documents ................................. 6.19 Reference Points' .......................................4.4 Regulations. Laws and ................................ 6.14 Rejecting Defective Work ............................ 9.6 Related Work at Site .............................. 7.1-7.3 Remedies Not Exclusive ............................. 17.4 Removal or Correction of Defect Resident Project Representative- Resident Project Representative- Responsibilities, Contractor's--i Responsibilities, Engineer's--in Responsibilities, Owner's--in ge ire Work ........... 13.11 -definition of ........... 1 -provision for ........ 9.3 general ............... 6 eneral ................. 9 eral ....................8 Retainage ............................................ 14.2 Reuse of Documents .................................. 3.5 Rights of Way ......................................... 4.1 Royalties, Patent Fees and ........................... 6.12 Safety and Protection ............................ 6.20-6.21 Samples ......................................... 6.23-6.28 Schedule of progress ........ 5, 2.8-2.9, 6.6, 6.29, 15.2.6 Schedule of Shop Drawing submissions ...................... 2.6, 2.8-2.9, 6.23, 14.1 Schedule of values ...................... 2.6, 2.8-2.9, 14.1 Schedules, Finalizing .................................. 2.9 Shop Drawings and Samples ................... 6.23-6.28 Shop Drawings--definition of ............................ 1 Shop Drawings, use to approve substitutions ...................................... 6.7.3 Site, Visits to--by Engineer ........................... 9.2 Specifications4efinition of .............................i Starting Construction, Before ...................... 2.5-2.8 Starting the Project ....................................2.4 Stopping Work--by Contractor ....................... 15.5 Stopping Work--by Owner .......................... 13.10 Subcontractor--definition of ............................. I Subcontractors--in general ....................... 6.8-6. ! ! Subcontracts--required provisions ............ 5.1 !. I, 6. ! I 1 !.4.3 Substantial Completion--certification of .............. 14.8 Substantial Completion--definition of, ................... 1 Substitute or "Or-Equal" Items ....................... 6.7 Subsurface Conditions ............................. 4.2-4.3 Supplemental costs ................................. 11.4.5 Supplementary Conditions~definition of ................ 1 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 ................................... 1 Supplier--principal references to ... 3.6, 6.5, 6.7-6.9, 6.20, 6.24, 9.13, 9.16, II.8,.13.4, 14.12 Surety--consent to payment .................. 14.12, 14.14 SuretymEngineer 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 Termination--in general ....... 15 Superintendent--Contractor's ......................... 6.2 Supervision and Superintendence .................. 6.1-6.2 Taxes--Payment by Contractor ....................... 6.15 Termination--by Contractor .......................... 15.5 Termination--by Owner ......................... 15.2-15.4 Termination, Suspension of Work and--in general ...... 15 Tests and Inspections ........................... 13.3-13.7 Time, Change of Contract .............................. ! 2 Time, Computation of ................................ 17.2 Time, Contract~definition of ............................ I Uncovering Work ............................... 13.8-13.9 Underground Facilities---definition c f .................... 1 Underground Facilities~not shown or indicated ..... 4.3~2 Underground Facilities--protection of ........... 4.3.6.20 Underground Facilities--shown or ~dicated ......... 4.3.1 Unit Price Work--definition of ......................... 1 Unit Price Work--general ................. 11.9, 14.1, 14.5 Unit Prices ......................................... 11.3.1 Unit Prices, Determinations for ....................... 9.10 Use of Premises .................................6.16-6.18 Utility owners .......................... 6.13, 6.20, 7.2-7.3 Values, Schedule of ........................ 2.6, 2.9.14.1 Variations in Work--Authorized ............ 6.25.6.27, 9.5 Visits to Site--by Engineer ............................ 9.2 Waiver of Claims--on Final Paymer ................ 14.16 Waiver of Rights by insured parties ............ 5.10, 6.11 Warranty and Guarantee--by Contr:tctor ............. 13.1 Warranty of Title, Contractor's ....................... 14.3 Work, Access to'. .................................... 13.2 Work--by others ......................................... 7 .... 6.29 Work Continuing During Disputes . ....""""'11'4""""'""--11.5 Work, Cost of .................... Work--definition of ...................................... 1 Work Directive Change--definition ,f ................... I Work Directive Change--principal references to ............................. 3.4.3. I0. I-I0.2 Work. Neglected by Contractor ...................... 13.14 Work, Stopping by Contractor ........... · .............. 15.5 Work. Stopping by Owner ........................ 15.1-15.4 Written Amendment--definition of ..................... 1 Written Amendment--principal references to ................... 3.4.1, 10.1, 11.2. 12.1 GENERAL CONDITIONS ARTICLE ItDEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: Addenda--Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the bidding documents or the Contract Documents. AgreementtThe written agree, ment between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. Application for Payment~The form ac~:epted by ENGI- NEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to include such sup- 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 Iwhich per- tain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post- Bid documentation submitted prior to the Notice of Awardl 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 17.2) or the date stated in the Agreement for the completion of the Work. CONTRACTOR--The person, firm or corporation with whom OWNER has entered into the Agreement. defective~An adjective which when refers to Work that is unsatisfacto~ does not conform to the Contract meet the requirements of any inspec test or approval referred to in the has been damaged prior to ENGIi~ of final payment (unless responsibilit2 has been assumed by OWNER at 5 accordance with paragraph 14.8 or 7 Drawings--The drawings which sho of the Work to be performed and w or approved by ENGINEER and a: tract Documents. Effective Date of the Agreernent~' Agreement on which it becomes effi is indicated it means the date on signed and delivered by the last oft deliver. ENGINEERtThe Person, firm or c in the Agreement. Field Order--.& written order issue orders minor changes in the Work graph 9.5 but which does not involw Price or the Contract Time. General Requirernents~Sections fications. Laws and Re?.ulations; Laws or regulations, ordina, nces, codes and~ modifying the word Work y, faulty or deficient, or Documents, or does not tion, reference standard, Contract Documents, or 'EER's recommendation ' for the protection thereof ubstantial Completion in 14.10). ¥ the character and scope hich have been prepared · e referred to in the Con- Fhe date indicated in the :ctive, but if no such date which the Agreement is ~e two parties to sign and >rporation named as Such d by ENGINEER which in accordance with para- a change in the Contract 'Division 1 of the Speci- ~gulations--Laws, rules. or orders. Notice of Award--The written apparent successful bidder stating the apparent successful bidder with enumerated therein, within the tim, sign and deliver the Agreement. Notice to Proceed~A written not CONTRACTOR (with a copy to EI' on which the Contract Time will ~ which CONTRACTOR shall start TOR'S obligations under the Contr OWNER--The public body or autl ciation, firm or person with whom C( into the Agreement and for whom t[ Partial Utilization--Placing a porti for the purpose for which it is inten bef6re reaching Substantial Compl, project The total construction o provided under the Contract Docu or a part as indicated elsewhere in Resident Project Representative~ tative of ENGINEER who is assig~ thereof. notice by OWNER to the that upon compliance by the conditions precedent specified, OWNER will :e given by OWNER to 'GINEER) fixing the date ommence to run and on to perform CONTRAC- act Documents. tority, corporation, aSSO- }NTRACTOR has entered e Work is to be provided. an of the Work in service ted (or a related purpose) ;tion for all the Work. ~' which the Work to be ~ents may be the whole, :he Contract Documents. the authorized represen- ted to 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 material or equipment for some portion of the Work. Specifications--Those portions of the Contract Documents consisting of written technical desc. riptions 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 Comple- tion thereof. Supplementao' 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. Underground Facilities--All pipelines, conduits, ducts, cables. wires, 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 on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordering an addition, deletion or re responding to differing or unforeseen which the Work is to be performed: 4.2 or 4.3 or to emergencies under I Directive Change may not change ti Contract Time, but is evidence tha~ the change directed or documente Change will be incorporated in a sub: Order following negotiations by the any, on the Contract Price or Cont~ paragraph 10.2. Written Amendment--A written am. Documents, signed by OWNER am 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 Bonds: 2.1. When CONTRACTOR deli ments to OWNER, CONTRACT( OWNER such Bonds as CONTRA( furnish in accordance with paragral: Copies of Documents: 2.2. OWNER shall furnish to C copies (unless otherwise specified in ditions) of the Corltract Document essary for the execution of the Wo~ be furnished, upon request, at the Commencement of Contract Time; h 2.3. The Contract Time will c thirtieth day after the Effective Dar a Notice to Proceed is given, on ~otice to Proceed. A Notice to Pro time within thirty days after the Eli ment. In no event will the Contrac later than the seventy-fifth day aft~ or the thirtieth day after the Effectix whichever date is earlier. Starting the Project: 2.4. CONTRACTOR shall star the date when the Contract Time c Work shall be done at the site priol Contract Time commences to run. Before Starting Constructioa. 2.5. Before undertaking each l TRACTOR shall carefully study a Documents and check and verify visiofi in the Work, or ~hysical conditions under s provided in paragraph ~aragraph 6.22. A Work ~e Contract Price or the the parties expect that ~ by a Work Directive ;equently issued Change parties as to its effect, if act Time as provided in mdment of the Contract I CONTRACTOR on or ment and normally deal- hnical rather than strictly Documents. [fi'ERS 'ers the executed Agree- ~R shall also deliver to iTOR may be required to hS.l. 3NTRACTOR up to ten the Supplementary Con- ~ as are reasonably nec- k. Additional copies will asr of reproduction. ~tice to Proceed: >mmence to run on the : of the Agreement, or, if the day indicated in ihe :eed may be given at any ective Date of the Agree- t Time commence to run r the day of Bid opening e 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- ad compare the Contract pertinent 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 thereof. 2.6. Within ten days after the Effective Date of the Agree- ment (unless otherwise specified in the General Require- ments), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. an estimated progress schedule indicating the starting and completion dates of the various stages of the Work; 2.6.2.' a preliminary Schedule of Shop Drawing sub- missions; and 2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work which will be con- firmed in writing by CONTRACTOR at the time of sub- mission. 2.7. Before any Work at the site is started, CONTRAC- TOR shall deliver to OWNER, with a copy to ENGINEER. certificates (and other evidence of insurance requested by OWNER) which CONTRACTOR is required to purchase and maintain in accordance with paragraphs 5.3 and 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 Agreement, 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. Finalizing Schedules: 2.9. At least ten days before submission of the first Appli- cation for Payment a conference attended by CONTRAC- TOR, ENGINEER and others as appropriate will be held to finalize the schedules submitted in accordance with para- 9 graph The finalized progress sc 2.'6. to ENGINEER as providing an o Work to completion within the C acceptance will neither impose on E for the progress or scheduling of th TRACTOR from full responsibilit schedule of Shop Drawing submiss ENGINEER as providing a work,' cessing the submissions. The finalii be acceptable to ENGINEER as tc ARTICLE 3--CONTRACT DO AMENDING, RE! Intent: 3.1. The Contract Documents ment between OWNER and CON'I Work. The Contract Documents ar called for by one is as binding Contract Documents will be cons the law of the Place of the Project. 3.21 It is the intent of the Contn a functionally complete Project (o stmcted in accordance with the Work, materials or equipment that from the Contract Documents as the intended result will be supplied called for. When words which ha~ or trade meaning are used to des equipment such words shall be inte~ that meaning. Reference to standa or codes of any technical society, o: or to the Laws or Regulations of an whether such reference be specifi mean the latest standard specificati or Regulations in effect at the time the Effective Date of the Agreeme except as may be otherwise specifi provision of any referenced stand or code (whether or not specifically in the Contract Documents) shall duties and responsibilities of OWl ENGINEER, or any of their cons~ ees from those set forth in the Conl it be effective to assign to ENGI NEER's consultants, agents or authority to supervise or direct the of the Work or any duty or author bility contrary to the provisions Clarifications and interpretations shall be issued by ENGINEER as 3.3. If, during the performanc~ TOR finds a conflict, error or dis Documents, CONTRACTOR shall in writing at once and before procee~ thereby shall obtain a written int~ hedule will be acceptable · derly progression of the ;ontract Time, but such NGINEER responsibility Work nor relieve CON- therefor. The finalized ~ns will be acceptable to ble arrangement for pro- ed schedule of values will form and substance. EUMENTS: INTENT, JSE :omprise the entire .agree- ~RACTOR concerning the .- complementary; what is if called for by ali. The :rued in accordance with ~ct Documents to describe part thereof) to be con- ~ntract Documents. Any ay reasonably be inferred ,eing required to produce s/hether or not specifically e a well-known technical :ribe Work, materials or preted in accordance with 'd specifications, manuals · ganization or association, y governmental authority, ; or by implication, shall on, manual, code or Laws of opening of Bids (or, on nt if there were no Bids), :ally stated. However, no ard specification, manual incorporated by reference ~e effective to change the 4ER, CONTRACTOR or fltants, agents or employ- ract Documents, nor shall NEER, or any of ENGI- employees, any duty or ['urnishing or performance ity to undertake responsi- f paragraph 9.15 or 9.16. f the Contract Documents ~rovided in paragraph 9.4. of the Work, CONTRAC- crepancy in the Contract so rePort to ENGINEER ling with the Work affected rpretation 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 (~ursuant to para- graph 10.1). As indicated in paragraphs 1 !.2 and 12.1, Contract Price and Contract Time may only be changed by a Change Order or a Written Amendment. 3.5. In addition, the requirements of the Contract Docu- ments may be supplemented, and minor variations and devia- tions in the Work may be authorized, in one or more of the following ways: 3.5.1. 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 ownership rights in any of the Drawings, Specifications or other docu- ments (or copies of any thereof) prepared by or bearing the seal of ENGINEER; and they shall not reuse any of them on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER, ARTICLE 4--AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS 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 such other lands which are design TRACTOR. Easements for perma nent changes in existing facilities for by OWNER, unless otherwise Documents. If CONTRACTOR b OWNER's furnishing these land: ments entitles CONTRACTOR to tract Time, CONTRACTOR may provided in Article 12. CONTRA( additional lands and access theret( temporary construction facilities o equipment. Physical Conditions: 4.2.1. Explorations and Re to the Supplementary Condition reports of explorations and test at the site that have been utilize aration of the Contract Docume rely upon the accuracy of the t~ such reports, but not upon non tions or opinions contained ther~ thereof for CONTRACTOR's 1 cared in the immediately precel graph 4.2.6. CONTRACTOR si' with respect to subsurface cone 4.2.2. Existing Structures: Supplementary Conditions fo drawings of physical condition: surface and subsurface structu Facilities referred to in parag~ contiguous to the site that hay NEER in preparation of the C( TRACTOR may rely upon the data contained in such drawings, ness thereof for CONTRACT( indicated in the immediately t: paragraph 4.2.6, CONTRACT( sibility with respect to physica to such structures. 4.2.3. Report of Differing TOR believes that: 4.2.3.1. any technical TOR is entitled to rely as pr and 4.2.2 is inaccurate, or 4.2.3.2. any physical revealed at the site differs cated, reflected or referred ments, CONTRACTOR shall, promt: thereof and before performinl therewith (except in an emerg~ graph 6.22), notify OWNER a about the inaccuracy or differ¢ 10 ited for the use o[' CON- lent structures or perma- a, ill be obtained and paid provided in the Contract :lieves that any delay in ;, rights-of-way or ease- an extension of the Con- make a claim therefor as :TOR shall provide for all , that may be required for r storage of materials and ~orts: Reference is made for identification of those of subsurface conditions [by ENGINEER in prep- ars. CONTRACTOR may .,chnical data contained in :echnical data, interpreta- :in or for the completeness mrposes. Except as indi- ling sentence and in para- all have full responsibility itions at the site. Reference is made to the identification of those in or relating to existing · es {except Underground aph 4.3) which are at or .- been utilized by ENGI- .ntract Documents. CON- accuracy of the technical , but not for the complete- }R's purposes. Except as receding sentence and in )R shall have full respon- conditions in or relating mditions: If CONTRAC- ta on which CONTRAC- ovided in paragraphs 4.2.1 condition uncovered or materially from that indi- to in the Contract Docu- tly after becoming aware ;any Work in connection :ncy as permitted by para- ad ENGINEER in writing nee. 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 as provided in Articles 11 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. 4.3.2. Not Shown or Indicated. If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents and which CONTRACTOR could not reason- ably have been expected to be aware of, CONTRACTOR shall, promptly after becoming aware thereof and before performing any Work affected thereby (except in an emer- gency as permitted by paragraph 6.22); identify the owner of guch Underground Facility and give written notice thereof to that owner and to OWNER and ENGINEER. ENGI- NEER will promptly review the Underground Facility to I1 determine the extent to which should be modified to reflect quences of the existence of the the Contract Documents will be to the extent necessary. Durin TOR shall be responsible for such Underground Facility as p CONTRACTOR shall be allow tract Price or an extension of t~ to the extent that they are attril any Underground Facility that in the Contract Documents an could not reasonably have bee~ If the parties are unable to agree thereof, CONTRACTOR may provided in Articles 11 and 12. Reference Points: 4.4. OWNER shall provide enl lish reference points for constructi, judgment are necessary to enable t2 with the Work. CONTRACTOR s lng out the Work (unless otherwi., Requirements), shall protect and reference points and shall make without the prior written approval TOR shall report to ENGINEEI; point is lost or destroyed or requ necessary changes in grades or loc: sible for the accurate replacemen~ erence points by professionally qt ARTICLE 5--BONDS AND INS Performance and Other Bonds: 5.1. CONTRACTOR shall fur ment Bonds. each in an amount at Price as security for the faithful pc all CONTRACTOR's obligations ments. These Bonds shall remain year after the date when final pay as otherwise provided by Law or tract Documents. CONTRACT£ other Bonds as are required by tions. All Bonds shall be in the f~ Regulation or by the Contract D by such sureties as are named ir panies Holding Certificates of Au ties on Federal Bonds and as Al panies" as published in Circular Staff Bureau of Accounts, U.S. Bonds signed by an agent must be copy of the authority to act. 5.2. If the surety on any Bom TOR is declared a bankrupt or be to do business is terminated in the Contract Documems md document the conse- Jnderground Facility, and amended or supplemented such time, CONTRAC- safety and protection of >vided in paragraph 6._20. ;d an increase in the Con- e Contract Time, or both, ratable to the existence of tas not shown or indicated d which CONTRACTOR t expected to be aware of. as to the amount or length make a claim therefor as 5ineering surveys to estab- >n which in ENGINEER's ONTRACTOR to proceed aall be responsible for lay- e specified in the General preserve the established ~o changes or relocations of OWNER. CONTRAC- . whenever any reference ires relocation because of tfions, and shall be respon- or relocation of such ref- alified personnel. RANCE nish performance and pay- least equal to the Contract fformance and payment of under the Contract Docu- in effect at least until one rnent becomes due, except Regulation or by the Con- ~R shall also furnish such :he Supplementary Condi- ,rms prescribed by Law or )cuments and be executed the current list of "Com- hority as Acceptable Sure- :ceptable Reinsuring Com- 70 (amended) by the Audit Treasury Department. Ail accompanied by a certified furnished by CONTRAC- :omes insolvent or its right ny state 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: 5.3.1. Claims under workers' or workmen's compen- sation, disability benefits and other similar employee ben- efit acts; 5.3.2. Claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRAC- TOR's employees; 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 {al by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (b) by any other person for any other reason; 5.3.5. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible prop- erty wherever located, including loss of use resulting therefrom; 5.3.6. Claims arising out of operation of Laws or Reg- ulations for damages because of bodily injury or death of any person or for damage to property; and 5.3.7. Claims for damages because of bodily inJury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The insurance required by this paragraph 5.3 shall include the specific coverages and be written for not less than the limits of liability and coverages provided in the Supplemen- 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, materially changed or renewal refused until at least thirty days' prior written notice ha., and ENGINEER by certified mail. remain in effect until final payment ,' when CONTILa~CTOR may be c replacing defective Work in accordm In addition, CONTRACTOR shall I operations insurance for at least two and furnish OWNER with evidenc~ insurance at final payment and one Contractual Liability Insurance: 5.4. The comprehensive general 1: by paragraph 5.3 will include contr applicable to CONTRACTOR's obli 6.30 and 6.31. Owner's Liability. Insurance: 5.5. OWNER shall be respons maintaining OWNER's own liab OWNER's option, may purchase ~ ance as will protect OWNER again., from operations under the Contract Property Insurance: 5.6. Unless otherwise provide~ Conditions. OWNER shall purcha., insurance upon the Work at the site thereof Isubject to such deductible vided in the Supplementary Conditi and Regulations). This insurance s of OWNER. CONTRACTOR, Sub{ and ENGINEER's consultants in th be listed as insureds or additional in: against the perils of fire and exte: include "all risk" insurance for p including theft, vandalism and mai and water damage, and such other I in the Supplementary Conditions, a: losses and expenses arising out of or loss or incurred in the repair or tel property (including but not limite~ engineers, architects, attorneys an not covered under the "all risk" in: vided in the Supplementary Conditic purchase and maintain similar prop~ of the Work stored on and off the si portions of the Work are to be inclt Payment. 12 been given to OWNER Ail such insurance shall .nd at all times thereafter orrecting, removing or tee with paragraph 13.12. aaintain such completed years after final payment of continuation of such 'ear thereafter. ~bility insurance required ~ctual liability insurance ations under paragraphs >le for purchasing and ility insurance and, at ~nd maintain such insur- t claims which may arise Documents. ! in the Supplementary e and maintain property :o the full insurable value amounts as may be pro- ons or required by Laws ~all include the interests ontractors, ENGINEER e Work. all of whom shall ;ured parties, shall insure ~ded coverage and shall ~ysical loss and damage icious mischief, collapse ~erils as may be provided ~d shall include damages. 'esulting from any insured dacement of any insured to fees and charges of other professionals). If Irance or other~vise pro- ~s, CONTRACTOR shall rty insurance on portions [e or in transit when such ded in an Application for 5.7. OWNER shall purchase an, l maintain such boiler and machinery insurance or additional roperty insurance as may be requiredby the Supplementar' Conditions or Laws and Regulations which will include tl~e interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER AND ENGINEER's consultants in the ~3'ork, all of whom shall be listed as insured or additional insur ed parties. 5.8. All the policies of insurance (or the certificates or other evidence thereof) 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 5.11.2. 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others in the Work to the extent of any deductible amounts that are provided in the Supplementary Conditions. The risk of loss within the deductible amount, will be borne by CONTRACTOR, Sub- contractor or others suffering any such loss and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchas- er's own expense. 5.10. If CONTRACTOR requests in Writing that other special insurance be included in the property insurance pol- icy, OWNER shall, if possible, include such insurance, and the cost thereof will be charged to CONTRACTOR by appro- priate Change Order or Written Amendment. Prior to com- mencement of the Work at the site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. Waiver o fRights: 5.11.1. OWNER and CONTRACTOR waive all rights against each other for all losses and damages caused by any of the perils covered by the policies of insurance provided in response to paragraphs 5.6 and 5.7 and any other property insurance applicable to the Work, and also waive all such rights against the Subcontractors, ENGI- NEER, ENGINEER's consultants and all other parties named as insureds in such policies for losses and damages so caused. As required by paragraph 6.11, each subcon- tract between CONTRACTOR and a Subcontractor will contain similar waiver provisions by the Subcontractor in favor of OWNER, CONTRACTOR, ENGINEER, ENGI- NEER's consultants and all other parties named as 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 paragraphs 5.6 and 5.7 shall protect all of the parties insured and provide primary coverage for all losses and damages caused by the perils covered thereby. Accordingly, all such policies shall con- tain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any of the parties named as insureds or additional insureds, and if the insurers require separate waiver forms to be signed by ENGINEER or ENGI- NEER's consultant OWNER will obtain the same, and if such waiver forms are requir, CONTRACTOR will obtain th~ Receipt and Application of Procee& 5.12. Any insured loss under required by paragraphs 5.6 and OWNER and made payable to C insureds, as their interests may apl ments of any applicable mortgag 5.13. OWNER shall deposit in a s~ so received, and shall distribute agreement as the parties in inter special agreement is reached th~ repaired or replaced, the mone~ account thereof and the Work an by an apPropriate Change Order ¢ 5.13. OWNER as trustee shal settle any loss with the insurers t interest shall object in writing w occurrence of loss to OWNER's such objection be made, OWNE[ tlement with the insurers in accor, as the parties in interest may reac any party in interest, OWNER occurrence of an insured loss, gi~ formance of such duties. Acceptance of Insurance: 5.14. IfOWNERhas any objec by or other provisions of the ins chased and maintained by CON with paragraphs 5.3 and 5.4 on th with the Contract Documents, C TRACTOR in writing thereof wil delivery of such certificates to O paragraph 2.7. If CONTRACTO coverage afforded by or other pi insurance required to be purchased in accordance with paragraphs .' their not complying with the C, TRACTOR shall notify OWNER days of the date of delivery of TRACTOR in accordance with p CONTRACTOR shall each prov tional information in respect of i as the other may reasonably requ CONTRACTOR to give any sucl the time provided shall constitut~ ance purchased by the other as c Documents. 13 Partial Utilization--Property Insur 5.15.- If OWN-ER finds ~it nec portion or portions of the Work 1: tion of all the Work, such use or plished in accordance with paragl :d of any Subcontractor, : same. the policies of insurance 5.7 will be adjusted with WNER as trustee for the ~ear, subject to the require- clause and of paragraph ~arate account any money in accordance with such ;t may reach. If no other : damaged Work shall be s so received applied on the cost thereof covered 'Written Amendment. have power to adjust and nless one of the parties in thin fifteen days after the exercise of this power. If as trustee shall make set- ance with such agreement h. If required in writing by as trustee shall, upon the e bond for the proper per- :ion to the coverage afforded arance required to be pur- rRACTOR in accordance : basis of its not complying WNER shall notify CON- hin ten days of the date of ,VNER in accordance with has any 6bjection to the ~visions of the policies of and maintained by OWNER .6 and 5.7 on the basis of ~ntract Documents, CON- n writing thereof within ten such certificates to CON- ~ragraph 2.7. OWNER and [de to the other such addi- ~surance provided by each est. Failure by OWNER or notice of objection within acceptance of such insur- ~mplying with the Contract lnce; essaryto occupy oruse a riorto Substantial Comple- occupancy may be accom- aph 14.10;provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected the changes in coverage neces- sitated thereby. The insurers providing the property insur- ance shall consent by endorsement on the policy or policies. but the property insurance shall not be cancelled or lapse on account of any such partial use or occupancy. ARTICLE 6--CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1. 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 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 machim, ry, 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. 6.5. All materials and equipme~ and new, except as otherwise prov uments. If required by ENGINEE furnish satisfactory evidence (incl tests) as to the kind and quality of All materials and equipment shall 1 nected, erected, used, cleaned and with the instructions of the appli otherwise provided in the Contrac vision of any such instructions wil ENGINEER, or any of ENGIN EE employees, any duty or authority furnishing or performance of the W ity to undertake responsibility con paragraph 9.15 or 9.16. Adjusting Progress Schedule: 6.6. CONTRACTOR shall sul acceptance (to the extent indicate¢ merits in the progress schedule to: of new developments; these will progress schedule then in effect an with any provisions of the General thereto. Substitutes or "Or-Equal" Items: 6.7.1. Whenever materials or described in the Contract Doc of a proprietary item or the nar the naming of the item is inten function and quality required. U by words indicating that no materials or equipment of other. by ENGINEER if sufficient CONTRACTOR to allow ENG the material or equipment prop~ to that named. The procedure f will include the following as SUl Requirements. Requests for re~ material and equipment will n, NEER from anyone other than TRACTOR wishes to furnish material or equipment, CONT[ ten application to ENGINEEI certifying that the proposed su quately the functions and achie the general design, be similar that specified and be suited to ified. The application will acceptance of the proposed su CONTRACTOR's achievemen tion on time. whether or not ac for use in the Work will requi · . Contrac~ Documems (or in th, direct contract with OWNER f adapt the design to the propos~ or not incorporation or use of ti with the Work is subject to pay 14 ~t shall be of good quality ided in the Contract Doc- R, CONTRACTOR shall lding reports of required materials and equipment. ~e applied, installed, con- :onditioned in accordance :able Supplier except as Documents; but no pro- be effective to assign to Us consultants, agents or :o supervise or direct the ark or any duty or author- trary to the provisions of 'nit to ENGINEER for ~n paragraph 2.9) adjust- 'effect the impact thereon :onform generally to the t additionally will comply Requirements applicable · ~r equipment are specified uments by using the name ~e of a particular Supplier :led to establish the type. nless'the name is followed ;ubstitution is permitted. Suppliers may be accepted brmation is submitted by INEER to determine that ~sed is equivalent or equal .~r review by ENGINEER ~plemented in the General 'iew of substitute items of ~t be accepted by ENGI- 2ONTRACTOR. IfCON- r use a substitute item of '.ACTOR shall make writ- [ for acceptance thereof. bstitute will perform adc- re the results called for by md of equal substance to he same use as that spec- .~ that the evaluation and ~stitute will not prejudice t of Substantial Comple- :eptance of the substitute 'e a change in any of the ;-provisions '~f any -other' )r work on the Project) to :d substitute and whether e substitut~ in connection ment of any license fee or royalty. Ail 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. ENGINEER 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 proposedis equivalent to that indicated or required by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in paragraph 6.7. ! 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 CONTRACTOR to fur- nish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any substitute. ENGINEER will record time required by ENGINEER and ENGINEER's consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby. Whether or not ENGINEER accepts a proposed substitute. CON- TRACTOR shall reimburse 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 or o~'ganizations~ (including those Who are to'furnish" the principal items of materials and equipment) to be sub- mitted to OWNER in advance of the specified date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER ar submitted a list thereof in acc mentary Conditions, OWNER' ance (either in writing or by fail tion thereto by the date indicat~ tion in the bidding documents o of any such Subcontractor, S~ organization so identified may reasonable objection after due i CONTRACTOR shall submit a~ Contract Price will be increase cost occasioned by such subst Change Order will be issued or ~ No acceptance by OWNER o~ Subcontractor, Supplier or otl shall constitute a waiver of any NEER to reject defective Worl 6.9. CONTRACTOR shall be fi and ENGINEER for all acts and tractors, Suppliers and other pets forming or furnishing any of the indirect contract with CONTRA( TOR is responsible for CONTRA( sions. Nothing in the Contract D contractual relationship between and any such Subcontractor, Su organization, nor shall it create a~ OWNER or ENGINEER to pay ~ any moneys due any such Subco person or organization except as by Laws and Regulations. 6.10. The divisions and sectiol the identifications of any Drawin TRACTOR in dividing the Work Suppliers or delineating the Wot specific trade. 6.11. All Work performed for contractor will be pursuant to between CONTRACTOR and the cifically binds the Subcontractor 1 conditions of the Contract Doc OWNER and ENGINEER and as required by paragraph 5.11. each Subcontractor a just share received by CONTRACTOR on a icies issued pursuant to paragrapl 15 Patent Fees and Royalties: 6.12. CONTRACTOR shall l: alties and assume all costs incid~ mance of the Work or the incorp invention, design, process, prod subject 'of patent rights'~Or cop9 particular invention, design, pre specified in the Contract Docurr mance of the Work and if to the ac d if CONTRACTOR has ordance with the Supple- i or ENGINEER's accept- ing to make written objec- :d for acceptance or objec- t the Contract Documents) ipplier or other person or :e revoked on the basis of avestigation, in which case ~ acceptable substitute, the :d by the difference in the [tution and an appropriate Vritten Amendment signed. ENGINEER of any such let person or organization fight of OWNER or ENGI- ly responsible to OWNER omissions of the Subcon- ~ns and organizations per- Work under a direct or ;TOR just as CONTRAC- '.TOR's own acts and omis- ~cuments shall create any OWNER or ENGINEER pplier or other person or y obligation on the part of ~r to see to the payment of ~iractor, Supplier or other nay otherwise be required ~s of t'he Specifications and gs shall not control CON- among Subcontractors or to be performed by any ;ONTRACTOR by a Sub- m appropriate agreement Subcontractor which spe- o the applicable terms and ~ments for the benefit of ontains waiver provisions 2ONTRACTOR shall pay Of any insurance moneys :count of losses under pol- ~s 5.6 and 5.7. ay all license fees and roy- nt to the use in the peffor- oration in the Work of any act or device which is the fights held by~others~ If a cess, product or device is ents for use in the perfor- tual knowledge 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 anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses (including attorneys' fees and court and arbitration costs) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights. Permits: 6.13. Unless otherwise provided in th~ Supplementary. Conditions, CONTRACTOR shall obtain and pay for all con- struction permits and licenses. OWNER shall assist CON- TRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or if there are no Bids on the Effective Date of the Agreement. CON- TRACTOR shall pay all charges of utility owners for con- nections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. Laws and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to fur- nishing and performance of the Work. Except where oth- erwise expressly required by applicable Laws and Regu- lations, neither OWNER nor ENGINEER shall be respon- sible for monitoring CONTRACTOR's compliance 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 pri- mary responsibility to make certain that the Specifications and Drawings are in accordance with such Laws and Regulations. Taxes: 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRAC- TOR in accordance with the Laws and Regulations of the place of the Project which are appl mance of the Work. Ia'se of Premises: 6.16. CONTRACTOR shall cot ment, the storage of materials and, ations of workers to the Project site tiffed in and permitted by the Contn land and areas permitted by Laws of-way, permits and easements, an, encumber the premises with constru materials or equipment. CONTRA responsibility for any damage to an: the owner or occupant thereof or of uous thereto, resulting from the pe Should any claim be made against ( by any such owner or occupant bec ofthe Work, CONTRACTOR shall [ with SUch other party by agreement claim by arbitration or at law. COlX fullest extent permitted by Laws an, and hold OWNER and ENGINEER] all claims, damages, losses and exp limited to, fees of engineers, archit~ professionals and court and arbitrati indirectly or consequentially out of table, brought by any such other p ENGINEER to the extent based c CONTRACTOR's performance of t 6.17. During the. progress of the shall keep the premises 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, applim ment and machinery, and surplus n the site clean and ready for occup, TILa, CTOR shall restore to original { designated for alteration by the Cot 6.18. CONTRACTOR shall not of any structure to be loaded in any r the structure, nor shall CONTRAC the Work or adjacent property to will endanger it. Record Documents: 6.19. CONTRACTOR shall ma the site one record copy of all E Addenda, Written Amendments, Directive Changes, Field Orders ar and clarifications (issued pursuant order and annotated to show all ct struction. These record documents samples and a counterpart of all a will be available to ENGINEER f~ 16 cable during the perfor- fine construction equip- ;quipment and the oper- and land and areas iden- .ct Documents and other and Regulations, rights- I shall not unreasonably etlon equipment or other 2TOR shall assume full , such land or area, or to any land or areas contig- rformance of the Work. IWNER or ENGINEER ause of the performance romptly attempt to settle or otherwise resolve the TRACTOR shall, to the Regulations, indemnify armless from and against :nses (including, but not :cts, attorneys and other )n costs) arising directly. my action, legal or equi- xrty against OWNER or n a claim arising out of he Work. Work, CONTRACTOR accumulations of waste :esulting from the Work. TRACTOR shall remove bris from and about the ~ces, construction equip- mterials, and shall leave ncy by OWNER. CON- :ondition all property not tract Documents. load nor permit any part aanner that will endanger TOR subject any part of Iresses or pressures that intain in a safe place at .rawings, Specifications, Change Orders, Work d written interpretations o paragraph 9A)in good anges made during con- agether with all approved pproved Shop Drawings ,r reference. Upon corn- pletion of the Work, these record documents, samples and Shop Drawings will be delivered to ENGINEER for OWNER. Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and pro- grams in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide 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; Emergencies: 6.22. In emergencies affecting persons or the Work or property at CONTRACTOR, without special i from ENGINEER or OWNER, is threatened damage, injury or loss. ENGINEER prompt written notice that any significant changes in th~ the Contract Documents have bee~ NEER determines that a change i is required because of the actio[ emergency, a Work Directive Ch~ be issued to document the conse~ variations. 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. CONTILa, 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 caused, directly or indirectly. in whole or in part, by CONTRACTOR, any Subcontractor. Supplier or any other person or organization directly' or indi- rectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable. shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indi- rectly, in whole or in part, to the fault or negligence of CON- 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). Shop Drawings and Samples: 6.23. After checking and veril and after complying with applica the General Requir. ements, CON' ENGINEER for review and appr, accepted schedule of Shop Draw graph 2.9), or for other appropri~ the Supplementary Conditions, fi' specified in the General Requirem which will bear a stamp or spec CONTRACTOR has satisfied C bilities under the Contract Docu review of the submission. All sul as ENGINEER may require. Th Drawings will be complete with n sions, specified performance ant and similar data, to enable ENGI mation as required. 6.24. CONTRACTOR shall a for review and approval with su~ no delay in Work, all samples req uments. All samples will have be panied by a specific written indic has satisfied CONTRACTOR's Contract Documents with respe¢ mission and will be identified cica pertinent data such as catalog nut intended. 6.25.1. Before submission sample CONTRACTOR shall fled all quantities, dimensions teria, installation requiremenl hers and similar data with re., or coordinated each Shop Dn Shop Drawings and samples a: the Work and the Contract Dc 6.21. CONTRACTOR shall designate a responsible rep- 6.25.2. At the time of eac resentative at the 'site 'whose duty shall be'the prevention of .... TOR shah ~ve ENGINEER st accidents. This person shall be CONTRACTOR's superin- variation that the Shop Dra~ tendent unless otherwise designated in writing by CON- from the requirements of the TRACTOR to OWNER. in addition, shall cause a spec 17 the safety or protection of :he site or adjacent thereto, ~stmction or authorization obligated to act to prevent 2ONTRACTOR shall give if CONTRACTOR believes : Work or variations from ~ caused thereby. If ENGI- ~ the Contract Documents ~ taken in response to an tnge or Change Order will uences of the changes or ,ing all field measurements ~le procedures specified in FRACTOR shall submit to ~val in accordance with the lng submissions (see para- te action if so indicated in re copies (unless otherwise ents) of all Shop Drawings, ific written indication that ~NTRACTOR's responsi- ments with respect to the ~missions will be identified data shown on the Shop :spect to quantities, dimen- design criteria, materials qEER to review the infor- Iso submit to ENGINEER :h promptness as to cause uired by the Contract Doc- en checked by and accom- ation that CONTRACTOR responsibilities under the t to the review of the sub- fly as to material, Supplier, ~bers and the use for which of each Shop Drawing or have determined and veri- specified performance cfi- s, materials, catalog num- pect thereto and reviewed .wing or sample with other ~d with the requirements of cuments. submission, CONTRAC- :cific written notice of each ags or samples may have Contract Documents, and, ific notation 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 direct '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 carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pend- ing resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as CONTRACTOR and OWNER may otherwise agree in writing. Indemnification: 6.30. To the fullest extent permitted by Laws and Regu- lations CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and their consultants, agents and employees from and agai_nst all. claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) aris- ing out of or resulting from the performance of the Work, provided that any such claim, damag attributable to bodily injury, sickness injury to or destruction of tangible p Work itself) including the loss of use (b) is caused in whole or in part omission of CONTRACTOR, any or organization directly or indirectly e to perform or furnish any of the Wo acts any of them may be liable, regm it is caused in part by a party indemni by or is imposed bY Law and Regul negligence of any such party. 6.31. In any and all claims agai NEER or any of their consultants, any employee of CONTRACTOR, person or organization directly or in~ of them to perform or furnish any of whose acts any of them may be lia ob!igation under paragraph 6.30 sh~ way by any limitation on the amot compensation or benefits payable b) or any such Subcontractor or other under workers' or workmen's comg benefit acts or other employee benel 6.32. The obligations of CON~ graph 6.30 shall not extend to the ENGINEER's consultants, agents of the preparation or approval of m reports, surveys. Change Orders, de ARTICLE 7--OTHER WORK Related Work ca Site: 7.1. OWNER may performothe~ ect at the site by OWNER's own performed by utility owneys or let oth~ which shall contain General Condi the fact that such other work is to be in the Contract Documents, writt¢ given to CONTRACTOR prior to work; and, if CONTRACTOR be mance will involve additional exper requires additional time and the p~ as to the extent thereof, CONTRA, therefor as provided in Articles 11 7.2. CONTRACTOR shall affc other contractor who is a party to OWNER, if O~,~,q~/ER is performing OWNER's employees) proper and a reasonable opportunity for the in · mate_rials ~d eq~iP~m~ .n.t ..and the ex shall properly connect and coordin CONTRACTOR shall do all cut[ir the Work that may be required to m together properly and integrate wit 18 :, loss or expense (a) is , disease or death, or to roperty (other than the resulting therefrom and y any negligent act or )contractor. any person mployed by any of them · k or anyone for whose [less of whether or not ted hereunder or arises [ions regardless of the ~st OWNER or ENGI- [gents or employees by my Subcontractor, any irectly employed by any the Work or anyone for ~le, the indemnification 11 not be limited in any nt or type of damages. or for CONTRACTOR person or organization ensation acts, disability it acts. 'RACTOR under para- [ability of ENGINEER, ,r employees arising out [ps, drawings, opinions. .signs or specifications. work related to the Proj- ?orces, have other work r direct contracts therefor ions similar to these. If ~erformed was not noted notice thereof will be starting any such other lieves that such peffor- se to CONTRACTOR or rties are unable to agree 2TOR may make a claim md 12. 'd each utility owner and ;uch a direct contract (or the additional work with ;afc access to the site and :roduction and storage of ;cution ~f. ~uc~ wqr.k, and ate the Work with theirs. g, fitting and patching of ake its several parts come 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 of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 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 perfor- mance of other work on the Project at the site, the person or organization who will have authority and responsibility for coordination of the activities among the various prime con- tractors will be identified in the Supplementary Conditions, and the specific matters to be covered by such authority and responsibility will be itemized, and the extent of such author- ity and responsibilities will be provided, in the Supplementary Conditions. Unless otherwise provided in the Supplementary Conditions, neither OWNER nor ENGINEER shall have any authority or responsibility in respect of such coordination. ARTICLE g--OWNER'S RESPONSIBILITIES 8.1. OWNER shall issue all communications to CON- TRACTOR through ENGINEER. 8.2. In case of termination of the employment of ENGI- NEER, OWNER shall appoint an engineer against whom CONTRACTOR makes no reasonable objection, whose sta- tus under the Contract Documents shall be that of the former ENGINEER. Any dispute in connection with such appoint- ment shall be subject to arbitration. 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 surveys to establish reference p0int~ are set'fo?th in paragraphs 4.1 and 4.4. para-'- graph 4.2 refers to OWNER's identifying and making avail- able to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and in existing struc- 19 tures which have been utilized by the Drawings and Specifications. 8.5. OWNER's responsibilitie: and maintaining liability and proper in paragraphs 5.5 through 5.8. 8.6. OWNER is obligated to e~ indicated in paragraph 10.4. 8.7. OWNER's responsibilit~. inspections, tests and approvals is s~ 8.8. In connection with OWNE suspend Work, see paragraphs 13.11 deals with OWNER's right to terl TRACTOR under certain circumst~ ARTICLE 9---ENGINEER'S STA CONSTRUCTION Owner's Representative:. 9.1. ENGINEER will be OW1~ ing the construction period. The ( and the limitations of authority ofl~ representative during constructior tract Documents and Shall not be consent of OWNER and ENGINE Visits to Site: 9.2. ENGINEER will make vi appropriate to the various stages ~ the progress and quality of the ex~ mine, in general, if the Work is with the Contract Documents. ENG to make exhaustive or continuous ¢ the quality or quantity of the Wc will be directed toward providing fo of confidence that the completed Contract Documents. On the basi: observations as an experienced a~ sional, ENGINEER will keep OW tess of the Work and will endeavol defects and deficiencies in the Wc Project Representation: 9.3. If OWNER and ENGIN will furnish a Resident Project iNGINEER in preparing in respect of purchasing :y insurance are set forth ecute Change Orders as , in respect of certain :t forth in paragraph 13.4. R's right to stop Work or land 15.1. Paragraph 15.2 ainate services of CON- ~nces. rus DURING [ER's representative dur- .uties and responsibilities NGINEER as OWNER's are set forth in the Con- extended without written ER. fits to the site at intervals ~f construction to observe :cuted Work and to deter- >roceeding in accordance [NEER will not be required n-site inspections to check rk. ENGINEER's efforts r OWNER a greater degree Work will conform to the ; of such visits and on-site Id qualified design profes- NER informed of the prog- · to guard OWNER against rk. EER agree, ENGINEER Representative to assist ENGINEER in observing the peri[ormance of the Work. The duties, responsibilities and limit~[tions of authority of any such Resident Project Representative and assistants will be as provided in the Supplementa~ Conditions. If OWNER designates another agent to repr{:sent OWNER at the,sixe ................. who is not ENGINEER's agentl or employee, the duties, responsibilities and limitations ¢ f authority of such other person will be as provided in the ,~;upplementary Conditions. 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 on OWNER, and also on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Article 11 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 6.29 inclusive. 9.8. In connection with ENGINEER's responsibilities as to Change Orders, see Articles 10, 11 and 12. 9.9. In connection with ENGINEER's responsibilities in respect of Applications for Payment, etc., see Article 14. Determinations for Unit Prices: 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CON- TRACTOR. ENGINEER will review with CONTRACTOR ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommen- dation of an Application for p..ayment or otherwise)..ENGI- NEER's written decisions thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER or CON- TRACTOR delivers to the other party to the Agreement and to ENGINEER written notice of such a decision. Decisions on Disputes: 9.11. ENGINEER will be the requirements of the Contract Doc acceptability of the Work thereun¢ other matters relating to the accept: interpretation of the requirements o~ pertaining to the performance and fi claims under Articles 11 and 12 in Contract Price or Contract Time a ENGINEER in writing with a reqt in accordance with this paragraph, render in writing within a reasonab each such claim, dispute and othe~ by the claimant to ENGINEER al Agreement promptly (but in no ev~ after the occurrence of the event written supporting data will be subn the other party within sixty days aft, ENGINEER allows an additional 1: more accurate data in support of th 9.12. When functioning as int~ paragraphs 9.10 and 9.11, ENGIlx tiality to OWNER or CONTRACT in connection with any interpretati( good faith in such capacity. The r~ ENGINEER pursuant to para~aphs to any such claim, dispute or other have been waived ,by the making o ment as provided in paragraph 1, precedent to any exercise by OWl of such rights or remedies as either ~ the Contract Documents or by Law: of any such claim, dispute or other Limitations on ENGINEER's Respog 9.13. Neither ENGINEER's a~ Article 9 or elsewhere in the Conl decision made by ENGINEER in ge or not exercise such authority shal responsibility of ENGINEER to C contractor, any Supplier, or any otI performing any of the Work, or to a 9.14. Whenever in the Contract ordered", "as directed", "as requ approved" or terms of like effect ~ adjectives "reasonable", "suitable" or "satisfactory" or adjectives of used to describe a requirement, dire of ENGINEER as ~o the W~ork~ requirement, direction, review or j evaluate the Work for compliance ments (unless there is a specific st wise). The use of any such term 20 ntention to appeal from initial interpreter of the ~ments and judge of the er. Claims, disputes and tbility of the Work or the 'the Contract Documents trnishing of the Work and respect of changes in the ill be referred initially to est for a formal decision 'which ENGINEER will e time. Written notice of matter will be delivered ~d the other party to the nt later than thirty days) giving rise thereto, and fitted to ENGINEER and :r such occurrence unless eriod of time to ascertain claim. ~reter and judge under EER will not show par- 0R and Will not be liable ~n or decision rendered in ,,ndering of a decision by 9.10 and 9. I I with respect matter {except any which acceptance of final pay- .16) will be a condition '/ER or CONTRACTOR nay otherwise have under ; or Regulations in respect matter. sibilities: tthority to act under this tact Documents nor any .od faith either to exercise I give rise to any duty or 2)NTRACTOR. any Sub- er person or organization ay surety for any of them. Documents the terms "as red", "as allowed", "as ,r import are used, or the , "acceptable", "proper" like effect or import are ction, review or judgment it is .intended that ~ugh udgment will be solely to with the Contract Docu- atement indicating other- or adjective 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- grams incident thereto, and ENGINEER will not be respon- sible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 9.16. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. ARTICLE 10--CHANGES IN THE WORK 10.1. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work; these will be authorized by a Written Amendment, a Change Order, or a Work Directive Change. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.2. If OWNER and CONTRACTOR are unable to a.m'ee 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 11 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 and CONTRACTOR shall execute appro- priate Change Orders (or Written Amendments) covering: 10.4.1. changes in the Work which are ordered by OWNER pursuant to paragraph 10.1, are required because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14, or are agreed to by the~parties;~ 10.4.2. changes in the Contract Price or Contract Time which are agreed to by the parties; and 21 10.4.3. changes in the Contra which embody the substance of dered by ENGINEER pursuant provided that, in lieu of executing an appeal may be taken from any sul with the provisions of the Contract 12 Laws and Regulations, but during TRACTOR shall carry on the Worl tess schedule as provided in paragr 10.5. If notice of any change af of the Work or the provisions of (including, but not limited to, Co Time) is required by the provision.~ to a surety, the giving of any such n TOR's responsibility, and the amora will be adjusted accordingly. ARTICLE I I--CHANGE OF CO! I1.1. The Contract Price cons sation (subject to authorized adjus TRACTOR for performing the Wot ities and obligations assigned to TRACTOR shall be at his expen., Contract Price. I 1.2. The Contract Price may or Order or by a Written Amendment: or decrease in the Contract Price: notice delivered by the party maki party and to ENGINEER promptly thirty days) after the occurrence c the claim and stating the general n~ of the amount of the claim with delivered within Sixty days after ENGINEER allows an additional [ more accurate data in support of accompanied by claimant's written claimed covers all known amounts sequential) to which the claimant is occurrence of said event. All clai Contract Price shall be determined dance with paragraph 9.11 if OWl', cannot otherwise agree on the art for an adjustment in the Contract submitted in accordance with this 11.3. The value of any Work c, or of any claim for an increase or Price shall be determined in one of 11.3.1. Where the Work in, prices contained in th~' C0r/trac tion of unit prices to the quanti (subject to the provisions of p: 11.9.3, inclusive). ;t Price or Contract Time my written decision ren- :o paragraph 9.11; ~ny such Change Order. :h decision in accordance ,ocuments and applicable any such appeal, CON- : and adhere to the prog- ~ph 6.29. ~'ecting the general scope :he Contract Documents atract Price or Contract of any Bond to be given atice will be CONTRAC- of each applicable Bond ~TRACT PRICE itutes the total compen- :ments) payable to CON- k. Ail duties, responsibil- )r undertaken by CON- e without change in the be changed by a Change Any claim for an increase ;hall .be based on written ng the claim to the other but in no event later than the event giving rise to ure of the claim. Notice supporting data shall be such occurrence (unless eriod of time to ascertain the claim) and shall be ;tatement that the amount (direct, indirect and con- entitled as a result of the ns for adjustment in the by ENGINEER in accor- ER and CONTRACTOR ount involved. No claim Price will be valid if not ~aragraph 11.2. ,vered by a Change Order decrease in the Contract the following ways: 'olved is covered by unit r Documents, by applica; .... :ies of the items involved xagraphs 11.9.1. through 11.3.2. By mutual acceptance of a lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2. I). 11.3.3. On the basis of the Cost of the Work (deter- mined as pro. vided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's Fee for overhead and profit {deter- mined as provided in paragraphs I 1.6 and ! 1.7). 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 1 !.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and hol- iday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Satur- day, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of trans- portation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and all returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CON- TRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids will be accepted.. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee, the Subcontractor's Cost of the Work shall be determined in the same manner as CONTRAC- TOR's Cost of the Work. All subcontracts shall be subject 22 to the other provisions of the Co~ as applicable. ! 1.4.4. Costs of special cons limited to engineers, architects, veyors, attorneys and accountan specifically related to the Work. 11.4.5. Supplemental costs 1 !.4.5.1. The proportior tion, travel and subsistence TOR's employees incurred ir nected with the Work. 11.4.5.2. Cost, including tenance, of all materials, sup1 cry, appliances, office and t~ site and hand tools not owne are consumed in the pefforma less market value of such iten which remain the property ot ! 1.4.5.3. Rentals of ail co machinery, and the parts the~ CONTIL-kCTOR or others agreements approved by O¥ ENGINEER, and the costs unloading, installation, di thereof--all in accordance agreements. The rental of an, cry or parts shall cease when necessary for the Work. 11.4.5.4. Sales, consum~ related to the Work, and for liable, imposed by Laws and I1 qq .4 .... . Deposits lost fc gence of CONTRACTOR, a one directly or indirectly em for whose acts any of them ~ payments and fees for permi II.4.5.6. Losses and expenses], not compensated ' to the Work or otherwise susl in connection with the peff¢ the Work (except losses ~ deductible amounts of prop~ by OWNER in accordance vided they have resulted fy negligence of CONTRACT( anyone directly or indirectly or for whose acts any of t losses shall include settleme consent and approval of O damages and expenses shall the Work for the purpose ot TOR's Fee. If, however, tract Documents insofar tltants (including but not testing laboratories, sur- :s) employed for services icluding the following: of necessary transporta- .,xpenses of CONTRAC- discharge of duties con- ransportation and main- 4ies. equipment, machin- :mporary facilities at the d by the workers, which ncc of the Work, and cost Ls used but not consumed CONTRACTOR. astruction equipment and 'eof whether rented from t accordance with rental tNER with the advice of f transportation, loading, imantling and removal ~ith terms of said rental such equipment, machin- he use thereof is no longer :r, use or similar taxes a, hich CONTRACTOR is Regulations. r causes other than negli- ay Subcontractor or any- ployed by any of them or aay be liable, and royalty :s and licenses. damages (and related >y insurance or otherxvise, ained by CONTRACTOR rmance and furnishing of tnd damages within the :rty insurance established ~vith paragraph 5.9), pro- Dm causes other than the ~R, any Subcontractor, or employed by any of them ~em may be liable. Such nts made with the written WNER. No such losses, be included in the Cost of determining CONTRAC- .ny such 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. 11.4.5.7. The cost of utilities, fuel and sanitary. facilities at the site. 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. ' 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work and premiums for property insurance coverage within the limits of the deductible amounts established by OWNER in accordance with paragraph 5.9. 11.5. The term Cost of the Work shall not include any of the following: . ~ 11.5.1. Payroll costs and other compensation of CON- TRACTOR's officers, executives, principals (of partner- ship and sole proprietorships), general managers, engi- neers, architects, estimators, attorneys, auditors, accoun- tants, purchasing and contracting agents, expeditors. timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRAC- TOR's principal or a branch office for general administra- tion of the Work and not specifically included in the agreed upon schedule of job classifications referred to in para- graph 11.4.1 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. 11.5.3. Any part of CONTRACTOR's capital expenses. including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 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 them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to prop- erty. 11.5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. 23 CONTRA CTOR's Fee: 11.6. The CONTRACTOR's F TOR for overhead and profit shall 11.6.1. a mutually acceptal: be agreed upon, 11.6.2. a fee based on the ft various portions of the Cost of 11.6.2.1. for costs incurr and il.4.2, the CONTRAC percent; 11.6.2.2. for costs incun the CONTRACTOR's Fee: a subcontract is on the basi a Fee. the maximum allowz account of overhead and p shall be fifteen percent; !1.6.2.3. no fee shall b costs itemized under paragr~ !1.6.2.4. the amount o: CONTRACTOR to OWNEi: results in a net decrease in the actual net decrease plus. TOR's Fee by an amount net decrease: and 11.6.2.5. when both involved in'anv one chan TRACTOR's ~ee shall be c~ net change in accordance throdgh 11.6.2.4, inclusive. l 1.7. Whenever the cost of an pursuant to paragraph 11.4 or I submit in form acceptable to EN breakdown together with support Cash Allowances: 1 !.8. It is understood that CC in the Contract Price all allowanc~ Documents and shall cause the ¢ by such Subcontractors or Suppli~ the limit of the allowances as m~ NEER. CONTRACTOR agrees t 11.8.1. The allowances iJ TRACTOR (less any applicab! rials and equipment required b'. ered at the site, and all applic~ 11.8/2. CONTRACTOR'S handling on the site, labor, ir profit and other expenses cont~ have been included in the Co ee allowed to CONTRAC- be determined as follows: le fixed fee; or if none can Ilowing percentages of the the Work: under paragraphs 11.4.1 FOR's Fee shall be fifteen ed under paragraph 11.4.3, hall be five percent; and if i of Cost of the Work Plus ble to CONTRACTOR on rofit of all Subcontractors payable on the basis of hs 11.4.4, 11.4.5 and 11.5: credit to be allowed by for any such change which cost will be the amount of ~ deduction in CONTRAC- qual to ten percent of the :lditions and credits are :, the adjustment in CON- ~mputed on the basis of the with paragraphs 11.6.2.1 Work is to be determined .5, CONTRACTOR will $INEER an itemized cost ng data. NTRACTOR has included s so named in the Contract 'ork so covered to be done rs and for such sums within .y be acceptable to ENGI- aat: ~clude the cost to CON- e trade discounts) of mate- the allowances to be deliv- ble taxes; and co~ts for unloading' and ..... stallation costs, overhead, ..mplated for the allowances ntract Price and not in the 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 correspond- ingly adjusted. Unit Price Work: 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indi- cated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quan- tities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accor- dance with Paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each sep- arately identified item. 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 ma~; 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 24 shall be determined by ENGINEER graph 9.11 if OWNER and CONTRt agree. No claim for an adjustment be valid if not submitted in accorda~ of this paragraph 12. !. 12.2. The Contract Time will b equal to time lost due to delays be) TRACTOR if a claim is made ther graph 12.1. Such delays shall inclu, acts or neglect by OWNER or oth~ work as contemplated by Article 7 disputes, epidemics, abnormal wea God. 12.3. All time limits stated in are of the essence of the Agreemel Article 12 shall not exclude recove~ but not limited to fees and charges attorneys and other professionals costs) for delay by either party. ARTICLE 13---WARRANTY AN TESTS AND INSt CORRECTION, R ACCEPTANCE O Warrant.' and Guarantee: 13.1. CONTR~ACTOR warr~ OWNER and ENGINEER that a~ dance with the Contract Document: Prompt notice of all defects shall TOR. All defective Work, whethe rejected, corrected or accepted as [ Access to Work: 13.2. ENGINEER and ENGI other representatives of OWNER, ernmental agencies with jurisdiction: to the Work at reasonable times for tt and testing. CONTRACTOR shal conditions for such access. Tests and Inspections: 13.3. CONTRACTOR shall give of readiness of the Work.for all req approvals. 13.4. If Laws or Regulations c jurisdiction require any Work (or l be inspected, tested'or approv~ assume full responsibility therefor, therewith and furnish ENGINEEi of inspection, testing or approval. in accordance with para- ,CTOR cannot otherwise n the Contract Time will ce with the requirements ,, extended in an amount ond the control of CON- :for as provided in para- te, but not be limited to, ',rs performing additional or to fires, floods, labor :her conditions or acts of :he Contract Documents ~t. The provisions of this 'y for damages (including of engineers, architects, md court and arbitration )GUARANTEE; ECTIONS; EMOVALOR DEFECTIVE WORK .nts and guarantees to Work will be in accor- and will not be defective. be given to CONTRAC- or not in place, may be rovided in this Article 13. NEER's representatives. testing agencies and gov- interests will have access :ir observation, inspecting provide proper and safe ENGINEER timely notice uired inspections, tests or ,f any public body having art thereof) to specifically ri, CONTRACTOR shall pay all costs in connection ~, the required certificates 2ONTRACTOR 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 to be inspected, tested or approved is covered without written concurrence of ENGINEER, it must, if requested by ENGI- NEER, be uncovered for observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's inten- tion to cover the same and ENGINEER has not acted with reasonable promptness in response'to such notice. 13.7. Neither observations by ENGINEER nor inspec- tions, tests or approvals by others shall relieve CONTRAC- TOR from CONTRACTOR's obligations to perform the Work in accordance with the Contract Documents. Uncovering Work: 13.8. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER. be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER's request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may r, equire, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall .bear all direct. indirect and consequential costs of such uncovering, expo- sure, observation, inspection and testing and of satisfactory reconstruction. (including but not limited to fees and char~es of engineers, architects, attorneys and other professionals). and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article 11. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time~ or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may ma vided in Articles 11 and 12. Owner May Stop the Work: 13.10. If the Work is defectiv, to supply sufficient skilled worke equipment, or fails to furnish or 1: way that the completed Work wi Documents, OWNER may order ( Work, or any portion thereof, has been eliminated; however, thi the Work shall not give rise to any to exercise this right for the ben any other party. Correction or Removal of Defective 13.11. If required by ENGINt promptly, as 'directed, either ct whether or not fabricated, install Work has been rejected by ENGI site and replace it with nondefect, shall bear all direct, indirect and ( correction or removal (including charges of engineers, architects, ~ sionals) made necessary thereby. One Year Correction Period: 13.12. If within one year aft Completion or such longer peric scribed by Laws .or Regulations o cable special guarantee required k or by any specific provision of the Work is found to be defective, COb without cost to OWNER and in a written instructions, either correc if it has been rejected by OWNE and replace it with nondefective does not promptly comply with the or in an emergency where delay x loss or damage, OWNER may ha rected or the rejected Work rem~ direct, indirect and consequential replacement (including but not lin engineers, architects, attorneys a~ be paid by CONTRACTOR. In si a particular item of equipment is p before Substantial Completion of~ period for that item may start to so provided in the Specifications Acceptance of Defective Work: 13.13. If.. instead of requirinl -- replacement-, of defective.Work, ENGINEER's recommendation ENGINEER) prefers to accept it, TRACTOR shall bear all direct, 25 ~e a claim therefor as pro- r, or CONTRACTOR fails rs Or suitable materials or efform the Work in such a I conform to the Contract ;ONTRACTOR to st, op the il the cause for such order s right of OWNER to stop [uty on the part of OWNER :fit of CONTRACTOR or Work: iER, CONTRACTOR shall ,rrect all defective Work, ed or completed, or, if the NEER, remove it from the ye Work. CONTRACTOR :onsequential costs of such but not limited to fees and tttorneys and other profes- ,'r the date of Substantial d of time as may be pre- ; by the terms of any appli- y the Contract Documents Contract Documents, any TRACTOR shall promptly, :cordance with OWNER's t such defective Work, or, R, remove it from the site Work. If CONTRACTOR terms of such instructions, ~ould cause serious risk of ge the defective Work cor- ~ved and replaced, and all costs of such removal and fited to fees and charges of td other professionals) will ecial circumstances where .aced in continuous service dl the Work, the correction run from an earlier date if ~r by Written Amendment. correction or removal and OWNER (and, prior to of final payment, also )WNER may do so. CON- ndirect and consequential costs attributable to OWNER's evaluation of and determi- nation to accept such defective 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 professionals). If any such acceptance occurs prior to ENGINEER'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 agree as to ~he amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice of ENGINEER to proceed to correct and to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with para- graph 13.1 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 thc site and incorporate in the Work all materials and equipment stored at thc 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, OWNER may make a claim therefor as provided in Article 11. 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 o.f CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in per- formance of thc Work attributable to the exercise by OWNER of OWNER's fights and remedies hereunde'r. ARTICLE 14---PAYMENTS TO C COMPLETION Schedule of Values: 14.1. The schedule of values paragraph 2.9 will serve as the bas and will be incorporated into a ment acceptable to ENGINEER. account of Unit Price Work will units completed. Application for Progress Payment: 14.2. At least twenty days befo~ is scheduled (but not more often TRACTOR shall submit to ENGIN cation for Payment filled out and si covering the Work completed as oft and accompanied by such suppor required by the Contract Document on the basis of materials and equil: the Work but delivered and suitab another location agreed to in wri Payment shall also be accompanie{ or other documentation warranting t the materials and equipment free an( security interests and encumbranc in these General Conditions refe~ evidence that the materials and e~ appropriate property insurance ar protect OWNER's interest therein isfactory to OWNER. The amount to progress pa.vmenis will be as sti CONTRACTOR's Warranty of Title. 14.3. CONTRACTOR warrant to all Work. materials and equipm~ cation for Payment, whether inco: not. will pass to OWNER no later free and clear of all Liens. Review of Applications for Progress~ 14.4. ENGINEER will, withir each Application for Payment, ei recommendation of payment and OWNER, or return the Applicatio: caring in ~xiting ENGINEER's re ommend payment. In the latter c~ make the necessary corrections tion. Ten days after presentation merit with ENGINEER's recomr ommended will (subject to the pro of paragraph 14.7) become due an~ OWNER to CONTRACTOR. 14.5. ENGYNEER's recomm~ requested in an Application for 26 ~NTRACTOR AND ;tablished as provided in is for progress payments a of Application for Pay- Progress payments on based on the number of ~e each progress payment an once a month), CON- · ~ER for review an Appli- ;ned by CONTRACTOR ~e date of the Application ing documentation as is ~. If payment is requested ment not incorporated in y stored at the site or at :lng, the Application for I by a bill of sale, invoice hat OWNER has received clear of all liens, charges. es (which are hereinafter red to as "Liens") and luipment are covered by d other arrangements to . all of which will be sat- of re~ainage with respect ,ulated in the Agreement. 5 and guarantees that title ~nt covered by any Appli- porated in the Project or than the time of payment ~ayment: ten days after receipt of ther indicate in writing a ~resent the Application to ~ to CONTRACTOR indi- as0ns for refusing to rec- .se, CONTRACTOR may nd resubmit the Applica- f the Application for Pay- .~ndation, the amount rec- 4sions of the last sentence when due will be paid bY adation of any payment ~ayment 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 add schedules that the Work has pro- gressed to the point indicated; that, to the best 'of_ENGI- NEER's knowledge, information and belief, the quality 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 th6 Work beyond the responsibilities specifically assigne.d to ENGINEER in the Contract Documents or that there may 'not be °ther 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- TOWs 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: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Writ- ten Amendment or Change Order, 14.7.3. OWNER has been required to correct defec- tive Work or complete Work in accordance with paragraph 13.14, or 14.7.4. of ENGINEER's actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.9 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because claims h/~ve been made against OWNER on account of CONTRACTOR's per- formance or furnishing of the Work or Liens have been filed in connection with the Work or there are other items entitling OWNER to a set-off against the a OWNER must give CONTRACTO (with a copy to ENGINEER) sta action. 27 Substantial Completion: 14.8. When CONTRACTOR ~ ready for its intended use COl OWNER and ENGINEER in writ substantially complete (except for CONTRACTOR as incomplete) NEER issue a certificate of Subst a reasonable time thereafter, OWl' ENGINEER Shall make an inspe~ mine the status of completion. If I sider the Work substantially compk CONTRACTOR in writing givinl ENGINEER considers the Wot ENGINEER will prepare and deli certificate of Substantial Completi of Substantial Completion. Ther~ certificate a tentative list of item rected before final payment. OWl` after receipt of the tentative certifi written objection to ENGINEER certificate or attached list. If, aft~ tions, ENGINEER concludes tha tially complete, ENGINEER will submission of the tentative cert CONTRACTOR in writing, statir after consideration of OWNER': considers the Work substantially ¢ within said fourteen days execut and CONTRACTOR a definitive Completion ~with a revised tentat pleted or corrected) reflecting sucl' certificate as ENGINEER believ ation of any objections from OWN of the tentative certificate of Sub: NEER will deliver to OWNER ant recommendation as to division final payment between OWNER respect to security, operation, utilities, insurance and warrant: CONTRACTOR agree otherwis~ ENGINEER prior to ENGINE] certificate of Substantial Comple said recommendation will be bind TRACTOR until final payment. 14.9. OWNER shall have t~ TRACTOR from the Work after tl pletion, but OWNER shall allow ( access to complete or correct ite~ Partial Utilization: 14.10. Useby OWNERofan which has specifically been iden x~ount recommended, but ~, immediate written notice ting the reasons for such :onsiders the entire Work 4TRACTOR shall notify lng that the entire Work is items specifically listed by and request that ENGI- antial Completion. Within [ER, CONTRACTOR and tion of the Work to deter- ;NGINEER does not con- re, ENGINEER will notify I the reasons therefor. If ~ substantially complete, ter to OWNER a tentative on which shall fix the date shall be attached to the to be completed or cor- ER shall have seven days cate during which to make as to any provisions of the ;r considering such objec- [the Work is not substan- within fourteen days after ficate to OWNER notify g the reasons therefor. If. .'. objections. ENGINEER omplete, ENGINEER will e and deliver to OWNER certificate of Substantial lye list of items to be corn- changes from the tentative gs justified after consider- ER. At the time of delivery tantial Completion ENGI- . CONTRACTOR a written if responsibilities pending and CONTRACTOR with afety, maintenance, heat, es. Unless OWNER and in writing and so inform :.R's issuing the definitive tion, ENGINEER's afore- lng on OWNER and CON- e right to exclude CON- le date of Substantial Com- ;ONTRACTOR reasonable as on the tentative list. y finished part of the Work, ified in the Contract 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 time after 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 part of the Work which will become binding upon OWNER and CON- TRACTOR at the time when OWNER takes over such operation (unless they shall have otherwise agreed in writ- ing and so informed ENGINEER). During such operation and prior to Substantial Completion of such part of the Work, OWNER shall allow CONTRACTOR reasonable access to complete or correct items on said list and to complete other related Work. 14.10.3. No occupancy or se of the Work will be accomplished the requirements of paragraph 5. insurance. Final Inspection: 14.1 I. Uponwritten notice from entire Work or an agreed portion the NEER will make a final inspection ~ TRACTOR and will notify CONTR particulars in which this inspection incomplete or defective. CONTRA~ take such measures as are necessa ciencies. Final Application for Payment: 14.12. After CONTRACTOR has rections to the satisfaction of ENG maintenance and operating instrucl tees, Bonds, certificates of inspe¢ documents (as provided in paragm ments--all as required by the Cont~ ENGINEER has indicated that the ject to the provisions of paragraph may make application for final pa! cedure for pro~ess payments. The ment shall be accompanied by all, in the Contract Documents, together effective releases or waivers (satisf Liens arising out of or filed in corm lieu thereof and as approved by O' may furnish receipts or releases in TRACTOR that the releases and services, material and equipment filed, and that ali payrolls, materi, other indebtedness connected wi OWNER or O~,~, .'NER's property mi sible, have been paid or otherwise the surety, if any. to final payment Supplier fails to furnish a release TRACTOR may furnish a Bond or tory to OWNER to indemnify OW~ Final Payrnent and Acceptance: 14.13. If, on the basis of ENC the Work during construction a: ENGINEER's review of the final and accompan.~Sng documentatior Contract Documents, ENGINEEi~ has been completed and CONTRA under the Contract Documents hz NEER will, within ten days after cation for_Payment, indicate in w ommendation of payment and pr OWNER for payment. Thereupc written notice to OWNER and COI' is acceptable subject to the provi 28 parate operation of part prior to compliance with 15 in respect of property 2ONTRACTOR that the reof is complete, ENGI- vith OWNER and CON- ACTOR in writing of all reveals that the Work is 2TOR shall immediately ry to remedy such deft- completed all such cor- iNEER and delivered all ions, schedules, guaran- tion, marked-up record Dh 6.19) and other docu- tct Documents, and after Work is acceptable (sub- 14.16), CONTRACTOR 'ment following the pro- 5nal Application for Pay- Iocumentation called for with complete and legally ~ctory to OWNER) of all ection with the Work. In VNER, CONTRACTOR .'ull; an affidavit of CON- :ceipts include all labor, Dr which a Lien could be and equipment bills, and [h the Work for which ght in any way be respon- satisfied; anti consent of . If any Subcontractor or or receipt in full. CON- other collateral satisfac- qER against any Lien. INEER's observation of id final inspection, and Application for Payment --all as required by the is satisfied that the Work ~.TOR's other obligations ve been fulfilled, ENGI- receipt of the final Appli- riting ENGINEER's rec- esent the Application to n' ENGINEER will give iTRACTOR that the Work fions of paragraph 14.16. (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 having jurisdiction; 15.2.8. if CONTRACTOR disregards the authority of ENGINEER; or 15.2.9. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Docu- 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 all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct, indirect and consequential costs of completing the Work (including but not limited to fees and charges of engineers, architects, 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 be approved as to reasonableness by ENGINEER and incor- porated in a Change Order, but when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. Where CONTRACTOR's terminated by OWNER, the termina rights or remedies of OWNER agains existing or which may thereafter ac~ payment of moneys due CONTRAC not release CONTRACTOR from lint 15.4. Upon seven days' written TOR and ENGINEER, OWNER m without prejudice to any other right o~ don the Work and terminate the Ag~ CONTRACTOR shall be paid for all ~ expense sustained plus reasonable term will include, but not be limited to, di sequential costs (including, but not lim: of engineers, architects, attorneys and court and arbitration costs). Contractor May Stop Work or Termint 15.5. If, through no act or fault Work is suspended for a period of OWNER or under an order of court or ENGINEER fails to act on any A within thirty days after it is submitte thirty days to pay CONTRACTOR .nined to be due. then CONTRACq days' written notice to OWNER and'] the Agreement and recover from Work executed and any expense su~, termination expenses. In addition an the Agreement. if ENGINEER has f2 cation for Payment or OWNER has ment as aforesaid. CONTRACTOR written notice to OWNER and ENG until payment of all amounts then due paragraph shall not relieve CONTRAI under paragraph 6.29 to carry on with the progress schedule and witho~ and disagreements with OWNER. [The remainder of this page was left blank intentionally.] 3O .~rvices have been so ion will not affect any CONTRACTOR then :rue. Any retention or fOR by OWNER will ility. notice to CONTRAC- ly, without cause and remedy, elect to aban- cement. In such case. ',fork executed and any ination expenses, which rect, indirect and con- ted to, fees and charges ad other professionals f CONTRACTOR, the ,re than ninety days by other public authority, ~plication for Payment t, or OWNER fails for any sum finally deter- 'OR may, upon seven :.NGINEER. terminate ~'NER payment for all tained plus reasonable in lieu of terminating :ed to act on an Appli- ailed to make any pay- may' upon seven days' [NEER stop the Work . The provisions of this .'TOR of the obligations e Work in accordance it delay during disputes 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 paragraph 14.16). Waiver of Claims: 14.16. The making and acceptance of final payment will constitute: 14.16.1. a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from defective Work appearing after final inspec- tion pursuant to paragraph 14.11 or from failure to comply with the Contract Documents or the terms of any special guarantees specified therein; however, it will not consti- tute a waiver by OWNER of any rights.in respect of 29 CONTRACTOR's continuing o tract Documents; and 14.16.2. a waiver of all cie against OWNER other than thos lng and still unsettled. ARTICLE 15---SUSPENSION O] TERMINATION Owner May Suspend Work: 15.1. OWNER may, at any tin~ pend the Work or any portion ther~ than ninety days by notice in writi ENGINEER which will fix the dE resumed. CONTRACTOR shall re so fixed. CONTRACTOR shall be Contract Price or an extension oft directly attributable to any susp~ makes an approved claim therefo~ and 12. Owner May Terminate: 15.2. Upon the occurrence o following events: 15.2.1. ifCONTRACTORc under any chapter of the Bankrt States Code). as now or here: TRACTOR takes any equivale~ a petition or otherwise under law in effect at such time rel~ insolvency: 15.2.2. if a petition is file, under any chapter of the Ba: hereafter in effect at the time filed seeking any such equival. CONTILa. CTOR under any ol effect at the time relating to bz 15.2.3. if CONTRACTOR for the benefit of creditors; 15.2.4. if a trustee, recei, CONTRACTOR is appointed u contract, whose appointment of property of CONTRACT~ enforcing a Lien against such of general administration of s~ of CONTRACTOR's creditor: 15.2.5. if CONTRACTOR ity to pay its debts generally 15.2.6. if CONTRACTOt the Work in accordance witl >iigations under the Con- ims by CONTRACTOR previously made in writ- WORK AND he and without cause, sus- :of for a period of not more ag to CONTRACTOR and te on which Work will be 5ume the Work on the date allowed an increase in the ae Contract Time, or both, :nsion if CONTRACTOR as provided in Articles 11 any one or more of the mmences a voluntary case ptcy Code (Title I 1. United ~fter in effect, or if CON- ~or similar action by filing any 6ther federal or state ~ting to the bankruptcy or t against CONTRACTOR ~kruptcy Code as now or of filing, or if a petition is :nt or similar relief against her federal or state law in nkruptcy or insolvency; hakes a general assignment 'er, custodian or agent of ader applicable law or under ~r authority to take charge )R is for the purpose of ~roperty or for the purpose ~ch property for the benefit tdmits in writing an inabil- they become due; . )ersistently fails to perform the Contract Documents 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 9.11; and the failure to demand arbitration within said thirty days' period shall result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renders a decision after arbitration proceedings have been initiated. such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand for arbitra- tion of any written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered writ- ten notice 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,; ENGINEER for information. The d be made within the thirty-day or te paragraph 16.2 as applicable, and i~ reasonable time after the claim, di question has arisen, and in no ever be made after the date when institt proceedings based on such claim, question would be barred by th.e rations. 16.4. No arbitration arisingou tract Documents shall include by c( any other manner any other per ENGINEER. ENGINEER's agen: tents) who is not a party to this coq 16.4.1. the inclusion of sucl~ necessary if complete relief is t~: :who are already parties to the a~ 16.4.2. such other person involved in a question of law or those who are already parties to will arise in such proceedings, 16.4.3. the written consent sought to be included and of TOR has been obtained for suc[ shall make specific reference such consent shall constitute co dispute not specifically descril: arbitration with any party not sp consent. 16.5. The award rendered by tl judgment ma.,,- be entered upon it diction thereof, and will not be .s appeal except to the extent permit of the Federal Arbitration Act (9 I. [The remainder of this page was left blank intentionally.] 31 md a copy will be sent to ;mand for arbitration will a-day period specified in all other cases within a spute or other matter in shall any such demand tion of legal or equitable isput,e or other matter in ~plicable statute of limi- )f or relating to the Con- ,nsolidation, joinder or in ion or entity (including s, employees or consul- tract unless: other person or entity is be afforded among those 'bitration, )r entity is substantially fact which is common to the arbitration and which nd ' the other person or entity WNER and CONTRAC- inclusion, which consent o this paragraph: but no asent to arbitration of any ed in such consent or to ~cifically identified in such te arbitrators will be final, in any court having juris- abject to modification or ted by Sections 10 and 11 .S.C. §§10,11). ['[his page was left blank intentionally.] ARTICLE 17--MISCELLANEOUS Giving Notice: 17.1. Whenever any provision of the Contract Docu- ments requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the indi- vidual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. Computation of Titne: 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. General: 17.3. Should OWNER or CONTRACTOR suffer injury. or damage to person or property because of any error, orals- sion or act of the other party or c employees or agents or others for~ is legally liable, claim will be ma party within a reasonable time oftl injury or damage. The provisions ~ not be construed as a substitute f visions of any applicable statute o: 17.4. The duties and obligatio eral Conditions and the rights an~ under to the parties hereto, and, limitation, the warranties, guarante upon CONTRACTOR by paragrag 14.3 and 15.2 and all of the rights OWNER and ENGINEER there and are not to be construed in any rights and remedies available to a~ otherwise imposed or available b'. special warranty or guarantee or Contract Documents, and the pr~ will be as effective as if repeated ~ Documents in connection with ea tion, right and remedy to which t tions, warranties and guarantees ~ uments will survive final paymen pletion of the Agreement. 33 f any of the other party's Yhose acts the other party te in writing to the other ~e first observance of such ,f this paragraph 17.3 shall )r or a waiver of the pro- ' limitations or repose. as imposed by these Gen- t remedies available here- in particular but without es and obligations imposed hs 6.30, 13.1, 13.12, 13.14, and remedies available to ruder, are in addition to, way as a limitation of, any ~y or all of them which are , Laws or Regulations, by ~y other provisions of the ~visions of this paragraph pecifically in the Contract :h particular duty, obliga- aey apply. All representa- nade in the Contract Doc- : and termination or com- SUPPLEMENTARY CONDITIONS THESE SUPPLEMENTARY CONDITIONS AMEND THE STAN] CONDITIONS OF THE CONSTRUCTION CONTRACT (NO. 1910 INDICATED BELOW. ALL PROVISIONS WHICH ARE NOT SUPPLEMENTED REMAIN IN FULL FORCE AND EFFECT. A1 AMENDED REMAIN IN FULL FORCE AND EFFECT AS AMEND[ ARTICLE 1 - DEFINITIONS SC-1. Calendar Day or Days: Any successive day or days of the week or m excepted. Engineer: The word "Engineer" in these contract documents and sp¢ understood as referring to CITY ENGINEER, City of Coppell, P.O. Box 478, Engineer of the Owner, or such other representatives as may be authorized b in any particular position. Owner:. The word "Owner" in these contract documents and specifi, CITY OF COPPEIJ. acting through its authorized representatives. Shop Drawings: Add the following language after the sec CONTRACTOR: "after his review and approval of same". All other terms used in these Supplementary Conditions which are deft General Conditions of the Construction Contract (No. 1910-8, 1983 ed.) meanings used in the General Conditions. ARTICLE 2 - PRELIMINARY MATTERS S&2.2. Amend thc f'n'st sentence by changing "ten copies" to be "five copi{ SC-2.3. Delete paragraph 2.3 in its entirety and insert the following in lieu 2.3. The contract time will commence to nm on the tenth day after tl Proceed. SC-2.8. Amend the first sentence of paragraph 2.8 to delete the following:" after the effective date of the Agreement, but". Section 000232 - Supplementary Conditions )ARD GENERAL · 8, 1983 ED.) AS AMENDED OR ,L PROVISIONS )nth, no days being cifications shall be 2oppeli, TX 75019, said Owner to act ttions refers to the ond reference to ned in the Standard hall have the same mreof: te date of Notice to Nithin twenty days Page 1 S~2.9. Amend the fa'st sentence of paragraph 2.9. by adding the following the sentence: "If requested by Owner, Engineer or Contractor". SC-2.10. Add the following new paragraph 2.10 immediately after paragraph Conflict of lnterest 2.10. City Charter states that no officer of the City shall have a f'ma~ or indirect, in any contract with the City, nor shall be financially interested, ~ in the sale to the City of any land, or fights or interest in any land, ma services. This prohibition does not apply when the interest is represented by in a corporation involved, provided such stock ownership amounts to less tha of the corporation stock. Any violation of this prohibition will constitute mi Any officer or employee of the City found guilty thereof should thereby t position. Any violation of this prohibition with the knowledge, expressed persons or corporations contracting with the City shall render the contract v Manager or the City Council. The Contractor represents that no employee o: has an interest in the Contractor. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, SC-3.2. Add the following language at the end of the paragraph 3.2.: "If t~ between the provisions of the Contract Documents and any such r specifications, manuals or codes, the provisions of the Contract Documents si over that of any standard specifications, manuals or codes." ARTICLE 4 - AVAILABILITY OF LANDS: PHYSICAL CONDITIOI~ REFERENCE POINTS SC-4.2.1.1. Add'the following new paragraph 4.2.1.1 immediately after paragraI 4.2.1.1. In the preparation of Drawings and Specifications, ENGI~ and relied upon the following reports of explorations and tests of subsurface of the work: No Geotechnical explorations or tests of subsurface conditions have b Contractor may take borings at the site to satisfy himself as to subsurface Section 000232 - Supplementary Conditions the beginning of !.09; tcial interest, direct rectly or indirectly, terials, supplies or ownership of stock n one percent (1%) lfeasance in office. 6ffeit his office or or implied, of the >idable by the City officer of the City EVISE ~ere 'is any conflict fferenced standard tall take precedence IS: ,h 4.2.1.: ~ER has established :onditions at the site :en performed. The onditions. Page 2 S~4.3.3. Add the following new paragraph 4.3.3 immediately after 4.3.2: 4.3.3. Existing Utilities and Sewer Lines: The Contractor shall be: protection of all existing utilities or service lines crossed or exposed b operations. Where existing utilities or service lines are cut, broken CONTRACTOR shall replace the utilities or service lines with the sam construction, or better, at his own cost and expense. If k is necessary to change or move the property of any owner or of a property shall not be moved or interfered with until authorized by the ENGI is reserved to the owner of any public utility to enter upon the limits of purpose of making such changes or repairs of their property that may be mar performance of this contract. SC-4.4.1 Add the following new paragraph 4.4.1 immediately after paragraph 4.4.1. Construction stakes shall be provided by the Contractor as 1: General Conditions. Vertical control has been established as shown on the Horizontal control can be established from existing inlets, street intersectim indicated on the construction plans. The Contractor shall be responsible for e and grades, and the precise location of all proposed facilities. The ENGINEEI as the Work progresses to verify lines and grades established by the Contract conformance of the completed Work as it progresses with the requirements documents. Such checldng by the Engineer shall not relieve the Contractor c to perform ali Work in connection with Contract Drawings and Specification grades given therein. ARTICLE 5 - BONDS AND INSURANCE SC-5.1. Add the following after the second sentence as follows: "Contractor maintenance bond naming the City of Coppell, Texas as the obligee, replacement and repair of defective materials and/or workmanship for a per after the date of final acceptance. SC-5.1.1. Add the following new paragraph 5.1.1, immediately after paragraph Section 000232 - Supplementary Conditions :esponsible for the the construction or damaged, the type of original ~ublic utility, such 4EER. The right the project for the ~e necessary by the ¢.4.: er Item 4.4 of the construction plans. ts or other utilities ~tablishing all lines ', may make checks ar to determine the of the construction ,f his responsibility s and the lines and shall also furnish a guaranteeing the ~od of one (1) year 5.1: Page 3 5.1.1. All bonds shall be executed by sureties authorized to do busin Texas having a grading from Best's Insuranace Guide of "A+10" or better, an~ rating with sufficient capital, surplus, and retained earnings in relation to th{ the work to be performed under the Contract Documents. An original of provided to the City of Coppell. SC-5.3. through SC-5.7. Delete sections 5.3 through 5.7 in their entirety and substitute th, thereof: 5.3. Insurance Required. The Contractor shall not commence work until he has obtained all insurance required under this paragraph and Item Central Texas Standard Specifications for Public Works Construction as a~ 1990, and such insurance has been approved by the City, nor shall the Cc subcontractor to commence work on this subcontract until all similar subcontractor has been so obtained and approved.. 5.3.1. Compensation Insurance. The Contractor shall take out and r life of this contract Worker's Compensation Insurance for all of his employe project and in case any work is sublet, the Contractor shall require the subc~ to provide Worker's Compensation Insurance for ali of the latter empl employees are covered by the protection afforded by the Contractor. In employee engaged in hazardous work under this contract at the site of the prO2 under the Worker's Compensation statute, the Contractor shall provide an subcontractor to provide adequate and suitable insurance for the protection ol otherwise protected. The minimum amount of insurance shall be as follows Each Accident Disease Each Employee Disease Policy Limit $100,000 $100,000 $500,000 5.3.2. Commercial General Liability Insurance. Contractor shall tak during the life of this contract such General Liability Insurance (including and underground damage coverage) as shall protect him and any subcontract~ covered by this contract, from claims for damages for personal injury, includi~ as well as from claims for property damages, which may arise from op~ Contract, including blasting, when blasting is done on or in connection wi project, whether such operations be by himself or by any subcontractor or or indirectly employed by either of them. The minimum amount of insurance 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 Section 000232 - Supplementary Conditions ess in the State of having a treasury contract price for ,.ach bond shall be following in lieu ander this conlxact 1.26 of the North ~ended August 23, ntractor allow any insurance of the ~aintain during the ~s at the site of the retractors similarly >yees unless such case any class of ect is not protected ~1 shall cause each his employees not : out and maintain tplosion, collapses Dr performing work ~g accidental death, :rations under this th the work of the ~y any one directly shall be as follows: Page 4 5.3.3. Automobile Liabili~ Insurance. The Contractor shall take out the life of this contract such Automobile Liability Insurance for owned, vehicles as shall protect him and any subcontractor performing work cover¢ The minimum amount of such insurance shall be as follows: Combined Bodily Injury and Property Damage Bodily Injury Bodily Injury Property Damage $600,000 per occurr¢ $250,000 per person $500,000 per accider $100,000 5.4. Protective Liability Insurance. The contractor shall take out and ~ life of this contract an owners protective liability insurance policy. Cover: "occurrence" basis and the policy shall be issued by the same insurance comp contractors liability insurance. The minimum amount of such insurance sha Combined Bodily Injury and Property Damage $600,000 per occum $1,000,000 aggregate 5.5· Proof of Carriage of Insurance. The Contractor shall furn satisfactory proof of carriage of the Insurance required as required by pm General Conditions. SC-5.8. Amend the first sentence of paragraph 5.8.: (i) by deleting the word third line of the first sentence and substituting the word "CONTRACTOR", word "CONTRACTOR" in the seventh line of the first sentence and sul "OWNER", and Cffi) by deleting the words "paragraphs 5.6. and 5.7." of the t sentence and substituting the words "paragraphs 5.3. and 5.4.". SC-5.10. Delete paragraph 5.10. in its entirety and insert the following in lieu 5.10. If OWNER requests in writing that other special insurance property insurance policy, CONTRACTOR shall, if possible, include such ins' thereof will be charged to OWNER by appropriate Change Order or Written to commencement of the Work at the site, CONTRACTOR shall in writit whether or not such other insurance has been procured by CONTRACTOR. SC-5.11.1. Amend paragraph 5.11.1 to delete reference to paragraphs 5.6. and 5.7 substitute the words "paragraph 5.4.", and delete the word "OWNER" in the substitute the word "CONTRACTOR". Section 000232 - Supplementary Conditions ad maintain during red and nonowned d by this contract. nee tt naintain during the lge shall be on an any that carries the I be as follows: :nce' sh the City with agraph 5.8. of the "OWNER" in the (ii) by deleting the ,stimting the word fird line of the first thereof: be included in the a'ance, and the cost Amendment. Prior tg advise OWNER · in the 4th line and lext to last line and Page 5 SC-5.11.2. Delete paragraph 5.11.2 in its entirety and insert the following in liet 5.11.2 CONTRACTOR intends that any policies provided in respom shall protect ali of the parties insured and provide coverage for all losses ar. by the perils covered thereby. Accordingly, all such policies shall contain pro~ that in the event of payment of any loss or damage the insurer will have no against any of the parties named as insured or additional insured, and if sucl required of any Subcontractor, CONTRACTOR will obtain the same. SC-5.12. Amend the fa'st sentence of paragraph 5.12 to delete reference to parag and substituting the words "paragraph 5.4. of the Supplementary Conditions. Delete paragraph 5.14. in its entirety and insert the following in lieu 5.14 If OWNER has any objection to the coverage afforded by or the insurance required to be purchased and maintained by CONTRACTOR paragraphs 5.3 and 5.4 of on the basis of its not complying with the Ct OWNER shall notify CONTRACTOR in writing thereof within ten days of t of such certificates to OWNER in accordance with paragraph 2.7. Failure b any such notice of objection within the time provided shall constitute a insurance purchased by the CONTRACTOR as complying with the Contracl SC-5.15. Amend the first sentence of paragraph 5.15 to delete the word "subsl ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES SC-6.7.1. Amend the sixth sentence of paragraph 6.7.1 to delete the word "sub SC-6.15.1 Add the following new paragraph 6.15.1 immediately after paragrap! 6.15.1. Recent legislation has removed the sales tax exemption prev Section 151.311 of the Tax Code covering tangible personal property purcha for use in the performance of a contract for the improvement of City-owned Section 000232 - Supplementary Conditions thereof: to paragraph 5.4 d damages caused 'isions to the effect rights of recovery waiver forms are 'aphs 5.6. and 5.7. thereof: >ther provisions of n accordance with ntract Documents, ae date of delivery ~, OWNER to give :ceptance of such Documents. 6.15.: ously provided by sed by a contractor realty. Page 6 It is still possible, however, for a contractor to make tax-free purchase tf tangible personal property which will be incorporated into and become part of a City construction project through the use of a "separated contract" with the City. A "separated contract" is o~ charges for materials from charges for labor. Under such a contract, the coJ "seller" of those materials which are incorporated into the project, such concrete, paint, etc. The contractor issues a resale certificate in lieu of payi the time such items are purchased. The contractor then receives an exempti the City for those materials. (This procedure may not be used, however, for not become a part of the fmished product. For example, equipment rentals, are not considered as becoming "incorporated" into the project). Utilization of this "separated contract" approach eliminates the need in sales tax for materials which are to be incorporated into the project. The bid form will be used to develop the "separated contract" and will determin tax exemption. Upon execution of the construction contract, the contrac~ breakdown (per item) of 1) materials incorporated into the project; and 2 supervision and materials not incorporated into the project.' SC-6.20. Amend the last sentence of paragraph 6.20 to delete the word "subsl ARTICLE 7 - OTHER WORK SC-7.1 Delete the last sentence of paragraph 7.1 and substitute the following shall coordinate such other work with the CONTRACTOR and schedule event: caused to the CONTRACTOR. No additional time shall be given to the such related work except as provided in paragraph 7.5 and Article 12. SC-7.5. Add the following new paragraph 7.5 immediately after paragraph 7. 7.5. Should CONTRACTOR cause damage to the work or prope~ Contractor at the site, or should any claim arising out of CONTRACTOR's Work at the site be made by any separate Contractor against CONTR/ ENGINEER, Consulting Engineer or any other person, CONTRACTOR sha/ to settle with such other Contractor by agreement, or to otherwise resol arbitration or at law. CONTRACTOR shall, to the fullest extent permJ Regulations, indemnify and hold OWNER, ENGINEER and Consulting Engi and against ali claims, damages, losses and expenses (including, but not engineers, architects, attorneys and other professionals and court and arbitr directly, indirectly or consequentially out of any action, legal or equitabl separate Contractor against OWNER, ENGINEER or Consulting Engineer to a claim arising out of CONTRACTOR's performance of the Work. Should a cause damage to the work or property of CONTRACTOR or should the pc Section 000232 - Supplementary Conditions te which separates ~tractor becomes a ~s bricks, lumber, ag the sales tax at ~n certificate from naterials which do orm materials, etc. Jr bidders to figure ;uccessful bidder's ~ the extent of the or shall furnish a labor, equipment, nfial". The ENGINEER to minimize delay C )NTRACTOR for ty of any separate ~erformance of the ~CTOR, OWNER, promptly attempt te the dispute by tted by Laws and aeer harmless from limited to, fees of ~tion costs) arising e, brought by any t~e extent based on ;eparate Contractor rformance of work Page 7 by any separate Contractor at the site give rise to any other claim, CONTI institute any action, legal or equitable, against OWNER, ENGINEER or Con permit any action against any of them to be maintained and continued in benefit in any court or before any arbiter which seeks to impose liabilie. damages from OWNER, ENGINEER or Consulting Engineer on account of ~ claim. If CONTRACTOR is delayed at any time in performing or fumishin or neglect of a separate Contractor and OWNER and CONTRACTOR are tn the extent of any adjustment in Contract Time attributable thereto, CONT1L a claim for an extension of time in accordance with Article 12. An extens: Time shall be CONTRACTOR's exclusive remedy with respect to OWN-Et Consulting Engineer for any delay, disruption, interference or hindrance cam Contractor." ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION SC-9.2. Amend the last sentence of paragraph 9.2. to delete the following: "as qualified design professional". SC-9.10. Delete Paragraph 9.10 in its entirety and insert the following in lieu 9.10. ENGINEER will have authority to determine the actual quantitie: of items of Unit Price Work performed by CONTRACTOR, and the a ENGINEER on such matters will be final, binding on OWNER and CONE. subject to appeal (except as modified by ENGINEER to reflect changed ENGINEER will make determination of actual quantifies in accordance Methods identified for Unit Price Work where such methods are so identit Documents. ARTICLE 11 - CHANGE OF CONTRACT PRICE SC-11.9.3. Paragraph 11.9.3 is hereby deleted in its entirety and the follow paragraph 11.9.3.1 through 11.9.3.4, is substituted in lieu thereof: 11.9.3 "The unit price of an item of Unit Price Work shall be subject adjustment under the following conditions: 11.9.3.1. if the total cost of a particular item of Unit Price Work amc of the Contract Price and the variation in the quantity of that particular item performed by Contractor differs by more than 20%, both over and under, quantity of such item indicated in the Agreement; and Section 000232 - Supplementary Conditions ',ACTOR shall not mlting Engineer or its name or for its , on or to recover ny such damage or g Work by any act table to agree as to kCTOR may make on of the Contract [, ENGINEER and .ed by any separate an experienced and thereof: ; and classifications ritten decisions of .2v. ACTOR and not Factual conditions). with Measurement ied in the Contract ng, including new :o re-evaluation and ,unts to 5% or more of Unit Price Work from the estimated Page 8 11.9.3.2. if there is no corresponding adjustment with respect to any and 11.9.3.3. if CONTRACTOR can demonstrate that it has incurred adc result thereof; or 11.9.3.4. if OWNER can demonstrate that the quantity variatio: adjustment in the unit price, either OWNER or CONTRACTOR may m adjustment in the Contract Price in accordance with Article 11 if the parties as to the effect of any such variations in the quantity of Unit Price Work p ARTICLE 12 - CHANGES OF CONTRACT TIME SC-12.2. Add the following at the end of paragraph 12.2.: "No extension of th be allowed unless the CONTRACTOR can demonstrate the delay caused a the critical path and that loss of time can not be made up by revising the se of the project." ARTICLE 13 - WARRANTY AND GUARANTEE: TESTS AND INS] SC-13.4.1. Add the following new paragraph 13.4.1. immediately after paragra] 13.4.1. Observation of the contractor's work to determine complianc specifications will include testing of materials installed on the project. performed and materials furnished shall be done by a commercial laborato Contractor and acceptable to the OWNER. The Contractor shall furnish, at necessary specimens for testing of the materials. All materials not requirements of the specifications will be rejected. Section 000232 - Supplementary Conditions ~ther item of Work; tional expense as a a entities it to an ake a claim for an are unable to agree :fformed." contract time shall adverse impact to quence of the work ~ECTIONS: 13.4.: with the plans and Testing of work ~, employed by the tis own expense, all conforming to the Page 9 DIVISION 1 - SPECIFIC PROJECT REQUIREMENT DIVISION 1 SPECIFIC PROJECT REQUIREMENTS The construction specifications which apPly to this project are the Standar~ Public Works Construction - North Cenu:al Texas prepared through the N, Council of Governments (C.O.G.). The following Specific Project Requirem¢ and specific project requirements applicable to this project in the City c individual specifications control for this project. Additional amendments to fl Specifications are contained in Division 2 - Special Provisions to Standard Construction. In the event that an item is not covered in the Project D Specifications, then the Standard Specifications for the City of Coppell, Tex SpeCifications for >rth Central Texas nts contain general f Coppell. These te C.O.G. Standard Specifications for rawings and these as shall apply. DIVISION 1 - SPECIFIC PROJECT REQUIREMENTS 1.1 OWNER: The "Owner" as referred to in these Specifications is the Ci Box 478, Coppell, Texas 75019. 1.2 ENGINEER: The "Engineer" as referred to in these Specifications is City of Coppell, Engineer of the Owner, or such other represen authorized by said Owner to act in any particular position. 1.3 CITY OF COPPF. IL: All improvements described in this Proposa Drawings shall be done in accordance with the Project Drawings and the event that an item is not covered in the Project Drawings and Spe~ Standard Specifications for Construction for the City of Coppell, Tel 1.4 SITE: The Contractor shall limit his work to the area shown on the within the street right-of-way. Entrance onto private property 'shall approval of the ENGINEER, only. 1.5 PROJECT DESCRIPTION: This Contract consists of the consn improvements within the Meadows Subdivision including a storm sew through Waterside Estates No. 1 in the City of Coppell, Texas. 1.6 CAI~ENDAR DAY COUNT: Calendar days shall be counted by tl basis of the definition set out in the General Conditions of Agreeme~ The calendar day count shall be suspended upon receipt by the En request for final inspection. The calendar day count shall resume t Contractor of a written list of items necessary to satisfactorily comple process shall continue until such time as the project is accepted by th, Owner. The calendar day count will not be suspended or otherwise completed portions or "substantial completion" of any of the project. 1.7 SAFETY PRECAUTIONS: The Contractor shall comply with ~ including the Occupational Safety and Health Act of 1970, ordinance and order of any public authority having jurisdiction for the safety of to protect them from damage, injury or loss. He shall erect and mm existing conditions and progress of the work, all reasonable safegu protection, including posting danger signs and other warning: promulgating safety regulations and notifying owners and users of a~ 1.8 SOIL INVESTIGATION: A geotechnical investigation report has not Contractor shall visit the site and acquaint himself with the site con( 1.9 SURVEY AND FINISIqF~D GRADES: The Contractor shall installation of the storm sewer and inlets to plus or 'rn~nus 0.10-fo shown on the construction plans. Division 1 - Specific Project Requirements ty of Coppell, P.O. the City Engineer, hatives as may be I and Construction Specifications. In :ifications, then the :as shall apply. reject Drawings as >e at the expressed action of drainage .~r diversion system te Engineer on the lt. meet of a written )on receipt by the the project. This · , Engineer, and the affected by use of 11 applicable laws 5, rules, regulations persons or property rain, as required by ~rds for safety and ; against hazards, tjacent utilities. been prepared. The titions. responsible for of the elevations Page 1 1.10 1.11 1.12 1.13 1.14 Horizontal and vertical control is provided by the owner as shown Contractor shall be responsible for layout and smldng of ali gm construction. The Contractor shall preserve all stakes or markings unt~ Engineer to remove .same. The Contractor shall bear the cost of control or construction stakes destroYed by either him or a third par~. the entire expense of rectifying work improperly consmacted due to established points and marks. No separate payment shall be made to the Contractor for construction: be considered incidental to the project and payments made under speC. be considered as full compensation for these requirements. CONFORMITY WITH DRAWINGS: All work shall conform to the ] sections, and dimensions shown on the Drawings. Any deviation which may be required by the exigencies of consmaction will be Engineer and authorized by him in writing. TESTING LABORATORY SERVICE: The Contractor shall make ax independent laboratory acceptable to the owner for all backfill compa other testing as required by the construction plans and standard si Contractor shall bear all related costs of tests, inspections or approva shall notify the ENGINEER in a timely manner of when and where are to be made so that they may be present. Two copies shall be pro, of al~ reports and laboratory test results. No separate payment sh~ Contractor for the cost of geotechnical testing services which sl incidental to the project. SUSPENSION OF WORK: If the work should be stopped or suspeni of the court, or other public authority, the Owner may at any time dur~ seven days written notice to the Contractor, terminate the Contract. It Owner shall be liable only for payment for all work completed plus a any expenses resulting from the termination of the Contract, but such exceed $5,000. PRESERVATION OF TREES: Permission of the Engineer must be o' of trees on the property that obstruct the installation of the improven this project. Penalty for destruction of a nee without permission sba payable to the Owner. If damage is continuous, tree guards shall directed by the Engineer at the Contractor's expense. COOPERATION OF CONTRACTOR: The Contractor shall have times, as his agent, a competent Superintendent capable of rea, specifications and thoroughly experienced in the type of work bei~ Superintendent shall have full authority to execute orders or directio supply such materials, equipment~ tools, labor and .incidentats.as~ma) superintendence shall be furnished irreSPective of the amount of wo~ Division 1 - Specific Project Requirements )n the plans. The des and lines for authorized by the ~'-establishing any t and shall assume [allure to maintain ;taking which shall tic Pay Items shall Lnes, grades, cross- ~'om the Drawings fletermined by the 'angements with an :tion, concrete and ~ecifications. The ts. The Contractor :ests or inspections tided to the Owner tll be made to the tall be considered ed under any order ~g suspension upon ~ such an event, the reasonable cost for expenses shall not xained for removal tents as outlined in I1 be $500.00 each, ~ erected when so ,n the project at all Lng the plans and g performed. The ns and to promptly -be required. Such k contracted. Page 2 The Superintendent and the Contractor shall be responsible for supe~ performed by the subcontractor at all times during construction. 1.15 WARNING DEVICES: The Contractor shall have the responsibit maintain ail warning devices and take ail precautionary measures protect persons and property while said persons or property are apprt within the work site or any area adjacent to said work site. No sep~ will be paid to the Contractor for the installation or maintenance of an barricades, lights, signs or any other preCautionary measures reqtth protection of persons or property. The Contractor shall assume all duties owed by the City of Coppell t¢ in connection with the general public's immediate approach to and work site and area adjacent to said work site. Where the work is carried on, in, or adjacent to, any street, alley, si& of-way or public place, the Contractor shall at his own cost and exl flagmen and watchmen and furnish, erect and maintain such warning lights, signs and other precautionary me_a, sures for the protection of as are required by law. The Contractor s responsibility for provid5 flagmen, watchmen, warning devices, barricades, signs, and lights, and measures shall not cease until the project shall have been accepted. If the Engineer discovers that the Contractor has failed to comply federal and state law (by failing to furnish the necessary flagmen barricades, lights, signs or other precautionary measures for the prote property), the Engineer may order such additional precautionary meas law to be taken to protect persons and property, and to be reimburse~ for any expense incurred in ordering such additional precautionary n In addition, the Contractor will be held responsible for all damages to public or private property due to the failure of warning devices, bard or other precautionary measures in protecting said property, and w~. found of such damage, the Engineer may order the damaged portion in, and replaced by and at the cost and expense of the Contractor. considered incidental and shall not be separate pay item. 1.16 EXISTING UTILITIES, STRUCTURES AND OTHER PROPER~ Prior to any excavation, the Contractor shall determine the loct water, gas, sewer, electric, telephone, telegraph, television, ant utilities and structures. b. After commencing the work, use every precaution to avoid · ~ existing underground and, surface-utilities -and structures, -and damage. Division 1 - Specific Project Requirements vision of all work .ty to provide and equired by law to ,aching, leaving or a'ate compensation y warning devices, ed by law for the the general public travel through the .,walk, public right- lense provide such tevices, barricades, tersons or property tg and maintaining :>ther precautionary ~,ith the applicable , warning devices, ction of perSons or ures as required by l by the Contractor teasures. he work and other ades, signs, lights, enever evidence is mediately removed dl of this work is ions of all existing other underground interferences with protee~ them from Page 3 Co Where the locations of existing underground and surface utit are indicated, these locations are generally approximate, and a2 be encountered du_dng the work are not necessarily indicate~ shall determine the exact locations of ali items indicated, ani locations of all .items not indicated. cl. The Contractor shall repair or pay for all damage caused by h existing utilities, public property, and private property, whethe~ or above ground, and he shall settle in total cost of all dama arise as a result of this operations. To avoid unnecessary interferences or delays, the Contractor utility removals, replacements and construction with the company. 1.17 . DRAINAGE: The-contraCtOr shall maintain adequate drainage at al 1.18 PROJECT MAINTENANCE: The Contractor shall maintain, and k~ the improvements covered by these plans and specifications during the 1.19 CI~ANUP: During Construction. The Contractor shall at all times keep the job material, debris and rubbish as is practicable and shall remove same the job site when it becomes objectionable or interferes with the pro~ Final. Upon completion of the work, the Contractor shall remove fro materials, tools and equipment belonging to him and leave the site acceptable to the Engineer and the Owner. The Contractor shall fl equipment and materials installed by him and shall deliver over equipment in a bright, clean, polished and new-appearing condition. 1.20 INSPECTION: The word "Inspection" or other forms of the word, as documents for this project shall be understood as meaning an Owner'~ the construction on behalf of the Owner. The agent will obse: construction in sufficient detail to satisfy himself that the work is pr~ accordance with the contract documents, but he will not be a guarantox performance. 1.21 DISPOSAL OF WASTE AND SURPLUS EXCAVATION: All trees brush or other debris removed from the site as a preliminary to the c~ removed from the property. Any required burning and disposal perm responsibility of the Contractor. All_excavated earth in excess of that re. quired for backfilling shall I~ job site and disposed of in a satisfactory manner except in locat judgement of the Engineer, it can be neatly spread over the adjacent Division 1 - Specific Project Requirements .ties and structures items which may The Contractor the existence and .s operations to all 'it is below ground e suits which may hall coordinate all appropriate utility :ep in good repair, life of the contract. ;ite as free from all ~om any portion of tess of the project. n the site all plant, arith an appearance toroughly clean all uch materials and ~sed in the contract ;agent will observe ye and check the >ceeding in general of the Contractor's , stumps, slashings, )nstmction shall be its shall be the sole : removed from the ......... ions where, in the area. Page 4 1.22 1.23 WATER FOR CONSTRUCTION: The Contractor shall make the nec for securing and transporting all water required in the constructie required for mixing of concrete, spri~iding, testing, flushing, flooclh Con.actor shall provide water as required at his own expense. GUARANTEE: All work shall be guaranteed against defects resulfi inferior materials, equipment or workmanship for a period of one (1) of final completion and acceptance of the project. Division 1 - Specific Project Requirements essary arrangement a, including water tg, or jetting. The ag from the use of year from the date Page 5 DIVISION 2 - SPECIAL PROVISIONS TO STANDARD SPECI1;ICATIONS FOR CONSTRUCTION SPECIAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION These Special Provisions, modify, or supplement the Standard Constm of the North Central Texas Standard Specifications. All provisions which or supplemented remain in full force and effect, except payment shall be a: Section 00140 - Bid Form. PART H: MATERIALS - DIVISION 2 ITEM 2.1.5. TRENCH BACK~ILL: (b) Types "B" and "C" (4) Additional Requirements (B) Additional Requirements for Type "C" backfill when us the following paragraph at the beginning of this subsection: "All trencl compacted to between 95 percent and 100 percent of Standard Proctor Densi~ ASTM D-698 at, or up to five (5) percentage points above, optimnm moL, mechanical compaction methods unless otherwise specified in the Plans. W used only with specific written permission of the Engineer." ITEM 2.1.6. RIPRAP OR STONE MASONRY: (b) Materials and Dimensions (4) Mortar Riprap. Add the sentence: Mortar or corn approved by the Engineer and shall conform to A.S.T.M. C 387-83. 1TEM 2.1.7. PIPE BEDDING MATERIAL FOR STORM SEWERS (a) General: Amend the fa'st sentence, by striking the v for earth bedding" and replace with "recommendations of the pipe moa be approved by the Engineer. (b) paragraph: Engineer." Earth Bedding: Add the following sentence at the "Earth bedding will not be permitted without wrin¢ Special Provisions :tion Specifications re not so modified established in the xt in streets: Insert backf'fll shall be 5t as determined by :me content, using ater jetting may be xete type shall be ords "requirements tufacturer, and shall beginning of this n approval of the Page 1 PART / ITEM 2.2.2. CHEMICAL ADMIXTURES: 1 l (a) Fly Ash. Delete the three paragraphs under this st~bsecfion from the 'specifications. The use of Fly Ash as an admixture in any Cl~lss of concrete is specifically prohibited without written approval of the Engineer. Ill: DIVISION 3 - SITE PREPARATION ITEM 3.1.2. CONSTRUCTION METHODS: Add the following sentence after the second sentence: The method of 2 inch by 4 inch wood railing unless othemdse shown on .the Plans Engineer. ITEM 3.7.3. DENSITY: Strike the first sentence and replace with the following: "Earth eml: material shall be compacted to between 95 percent and 100 percent c Density as determined by ASTM D-698 at, or up to five (5) percen optimum moisture content, using mechanical compaction methods specified in the Plans or Specifications." PART IV: DIVISION 4 - SUBBASE AND BASE COURSES ITEM 4.8.4. CONSTRUCTION METHODS: (b) Compaction Amend the last sentence of the first paragraph, by strildng the words: maximum dry density of such material." and replace with the words "95 perce dry density of such material, or as directed by Engineer. PART V: DIVISION 5 - PAVEMENT AND SURFACE COURSES 5.8.2. CONSTRUCTION METHODS (e) Joints ITEM (1) Expansion Joints: Delete the first paragraph and following: "Expansion joints shall be installed perpendicularl, centerline of the pavement. Expansion Joint material shall 3/4-inch in width, and extended through curbs. Expansk installed at each end of radius at street intersections. Expan equally spaced between intersections with not less than one e, of. pavement, unless otherwise specified on the Plans or direct~ Special Provisions protection shall be or directed by the edment and select f Standard Proctor tage points above, unless otherwise "90 percent of the at of the maximum replace with the r to the surface and e redwood boards, a joints are to be sion joints shall be rely 200 linear feet · .d by the Engineer.. Page 2 (c) Engineer". Proximity to Existing Structures: Add to end of sentence, "or (2) Contraction Joints. Delete the f'n'st sentence of the t insert the following: "Contraction or dummy joints shall be sa, in depth, and 1/4 inch in width, and installed every 12 linear and extend through curb, unless otherwise directed by the Enl (h) Finishing. (1) Machine. Add the following paragraph at the end of tiff sprays powered by pressure pumps, and capable of covering freshly placed concrete with a fine mist, shall be used if x~ finishing operations." (2) Hand. Add a new paragraph after first paragraph whic "Fog sprays powered by pressure pumps, and capable of cove of freshly placed concrete with a fine m/st, shall be used ff £mishing operations." PART VI: DIVISION 6 - UNDERGROUND CONDUIT CONSTRUt ITEM 6.2.9. BACKFILL: (b) Compaction. (2) Densities - Areas Not Subjected to or Influenced by Amend the second sentence by striking the words "to a densil adjacent undisturbed material" and replacing with "to a density and 100 percent Standard Proctor Density as determined by ,~ up to five (5) percentage points above, optimum moism otherwise specified in the Plans or directed by the Engineer." Special Provisions as directed by the irst paragraph and red to 1-1/4 inches feet of pavement, meer." subsection: "Fog the entire area of ater is needed for h reads as follows: .'lng the entire area ~ater is needed for TION Vehicular Traffic. y comparable with >etween 95 percent ,STM D-698 at, or :e content, unless Page 3