Northlake WE P10A-CN 940401
CONTRACT DOCUMENTS
SPECIFICATIONS
FOR
PAVING IMPROVEMENTS
TO SERVE
NORTHLAKE WOODLANDS EAST NO. 10
PHASE "A"
COPPELL, TEXAS
APRIL 1994
PREPARED FOR:
FIRCON VENTURE LTD.
102 Meadowcreek
Suite 101
Coppell, Texas 75019
PREPARED BY:
TIPFON ENGINEERING, INC.
6330 Belt Line Rd., Suite C
Garland, Texas 75043
B:3936CONT.PVG/wp25
TABLE OF CONTENTS
DIVISION 0 - BIDDING AND CONTRACT REQUIREMENTS
Section B Invitation to Bid
Section I Instructiom to Bidders
Section P Proposal
Section A Agreement
Section PB Performance and Payment Bonds
Section MB Maintenance Bond
Section CI Certificate of Insurance
S~tion G~ General Conditions
Section SC Supplementary Conditions
DIVISION 1 - GENERAL REQUIREMENTS
Item 1.1 Abbreviations
Item 1.2 Summary of Work
Item 1.3 Schedule of Work
Item 1.4 Measurement and Payment
Item 1.5 Submittals
Item 1.6 Testing
Item 1.7 Utilities
Item 1.8 Security
Item 1.9 Dust Control
Item 1. l0 Erosion Control and Drainage
Item 1.11 Trespassing on Adjacent Property
Item 1.12 Traffic Control
Item 1.13 Trench and Subsurface Construction
Item 1.14 Inspection
Item 1.15 Trees and Shrubs
Item 1.16 Fill Requirements for Lots
Item 1.17 Fill Requirements for Streets and Alleys
Item 1.18 Cleanup
Item 1.19 Technical Specifications
Item 1.20 Construction Tolerance
SECTION B
INVITATION TO BID
SECTION B
INVITATION TO BID
Sealed Proposal addressed to FIRCON VENTURE LTD for construction of Paving
Improvements for NORTHLAKE WOODLANDS EAST NO. 10 - PHASE A in accordance
with the contract documents prepared by Tipton Eng~, Inc. (Engineer) will be received
at the offices of Tipton Engineering, Inc. Bids will be opened privately.
A Bidder's Bond will not be required. Bidding is by invitation only. Those who are invited
to bid may pick up one set of plans at the office of Tipton Engineering, Inc. No plan deposit
is required. Additional sets may be purchased for $30.00 per set.
The owner reserves the right to reject any or all bids and to waive any or all informalities.
Selection of the "Successful Bidder" will be made by the Owner on the basis most advantageous
to the Owner, as determined by the Owner (refer to Section 1-16 of Instructions to Bidders).
B-1 of 1
SECTION I
INSTRUCTIONS TO BIDDERS
SECTION I
INSTRUCTIONS TO BIDDERS
1. Defined Term.~
Terms used in these instructiom to Bidders which are deemed in the Standard General
Conditions of the Construction Contract (No. 1910-8, 1983 ed.) have the meanings assigned to
them in the General Conditions. The term 'Bidder" means one who submits a Bid directly to
Owner, as distinct from a sub-bidder, who submits a bid to a Bidder. The term "Successful
Bidder" means the lowest, qualified, responsible and responsive Bidder to whom Owner (on the
basis of Owner's evaluation as hereinafter prOvided in 1-16) makes an award. The term
"Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders,
the Proposal, and the proposed Contract Documents (including all addenda issued prior to receipt
of Bids).
2. Copies of Bidding Documents.
2.1 Complete sets of the Bidding Documents in the number and for the deposit sum, if
any, stated in the Advertisement or Invitation to Bid may be obtained from Engineer.
The deposit will he refunded to document holders who meet the terms specified in the
Advertisement or Invitation to Bid.
2.2 Complete sets of Bidding Documents must be used in preparing Bids; neither Owner
nor Engineer assumes any responsibility for errors or misinterpretations resulting from
the use of incomplete sets of Bidding Documents.
2.3 Owner and Engineer in making copies of Bidding Documents available on the above
terms do so only for the purpose of obtaining Bids on the Work and do not confer a
license or grant for any other use.
3. Qualification of Bidders.
Bidders who have been invited to bid on this project were preselected by the Owner based on
their past experience, reputation or other qualities important to the Owner. Bidding on this
project will be restricted to those bidders so selected.
The successful Bidder may be required to submit written evidence, such as f'mancial data,
present commilments and available equipment, and will submit such data within five days of
Owner's written request.
I-1 of 9
SECTION I (Contirajed)
4. Examination of Contract Documents and Site.
4.1 It is the responsibility of each Bidder before submitting a Bid, to (a) examine the
Contract Documents thoroughly, Co) visit the site to become familiar with local conditions
that may affect the cost, progress, performance or furnishing of the Work, (c) consider
federal, state and local Laws and Regulations that may affect cost, progress, performance
or furnishing of the Work, (d) study and carefully correlate Bidder's observations with
the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies
in thc Contract Documents.
4.2 Information and data reflected in the Contract Documents with respect to
Underground Facilities at or contiguous to the site is based upon information and data
furnished to Owner and Engineer by owners of such Underground Facilities or other, and
Owner does not assume responsibility for the accuracy or completeness thereof.
4.3 Provisions concernin__g responsibilities for the adequacy of data furnished to
prospective Bidders on subsurface conditions, Underground Facilities and other physical
conditions, and possible changes in the Contract Documents due to differing conditions
appear in Paragraphs 4.2 and 4.3 of the General Conditions.
4.4 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain
any additional examinations, investigations, explorations, tests and studies and obtain any
additional information and data which pertain to the physical conditiom (surface,
subsurface and Underground Facilities) at or contiguous to the site or otherwise which
may affect cost, progress, performance or furnishing of the Work and which Bidder
deems necessary to determine its Bid for performing and furnishing the Work in
accordance with the time, price and other terms and conditions of the Contract
Documents.
4.5 On request in advan~, Owner will provide each Bidder access to the site to conduct
such explorations and tests as each Bidder deems necessary for submission of a Bid.
Bidder shall fill all holes, clean up and restore the site to its former conditions upon
completion of such explorations.
I-2 of 9
SECTION I (Contirmed)
4.6 The lands upon which the Work is to be performed, rights-of-way and easements
for access thereto and other land designated for use by Contractor in perfolTning the
Work are identified in the Contract Documents. All additional lands and access therew
required for temporary construction facilities or storage of materials and equipment are
to be provided by Contractor. Easements for permanent structures or permanent changes
in existing structures are to be obtained and paid for by Owner.
4.7 The submission of a Bid will constitute an incontrovertible representation by Bidder
that Bidder has complied with every requirement of this Article 4, that without exception
the Bid is premised upon performing and furnishing the Work required by the Contract
Documents and such means, methods, techniques, sequences or procedures of
construction as may be indicated in or required by the Contract Documents, and that the
Contract Documents are sufficient in scope and detail to indicate and convey
understanding of all terms and conditions for performance and furnishing of the Work.
4.8 Reference is made to the Supplementary Conditions for identification of those
repons or explorations and tests of subsurface conditions at the site which have been
utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon
the accuracy of the technical data contained in such repons, except as qualified in the
report, but no upon non-technical data, interpretations or opinions contained therein or
for the completeness thereof for the purposes of bidding or construction. Contractor is
alerted to the fact that certain subsurface conditions may change (such as groundwater
levels) and that boring provide isolated information at the specific bore location only.
Copies of such repons will be made available by Owner to any Bidder on request.
Those repons are not part of the Contract Documents, but the technical data contained
therein upon which Bidder is entitled to rely is incorporated therein by reference. Such
technical data has been identified and established in the Supplementary Conditions.
Interpretations and Addenda.
5.1 All questions about the meaning or intent of the Contract Documents are to be
directed to Engineer.
I-3 of 9
SFA2TION I (Contlmje~)
Interpretations or clarifications considered necessary by Engineer in response to such
questions will be issued by Addenda and mailed or delivered to all parties recorded by
Engineer as having received the Bidding Documents. Questions received less than 48
hours prior to the time for opening Bids may not be answered. Any addenda issued prior
to four days of the opening of bids will be mailed to each Contractor contemplating the
submission of a proposal on this work. Addenda issued later than four days prior to the
opening of bids must be picked up by the bidder from the Engineer's office. The
Contractor will be notified by phone of the issuance of the addenda. The proposal as
submitted by the Contractor will be so constructed as to include any addenda if such are
issued by the Owner prior to twenty-four (24) hours of the opening of the bids. Only
questions an.~wered by formal written Addenda will be binding. Oral and other
interpretations or clarifications will be without legal effect.
5.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable
by Owner and Engineer.
6. Bid Security.
A Bidder's Bond will not be required.
7. Contract Time.
7.1 The time for Substantial Completion aud/or final completion is to be set forth by
Bidder in the Proposal and will be included in the Agreement. The times will be taken
into consideration by Owner during the evaluation of Bids, and it will be necessary for
the Successful Bidder to satisfy Owner of Bidder's ability to achieve Substantial
Completion and/or final completion within the times designated in the Bid.
7.2 The Contractor should be aware that the Contract time includes all time the
Contractor is on the site. This time is in working days and begins on the date stipulated
on the Notice to Proceed. The time on the Contract will continue to run until the project
is completed and a letter of acceptance is issued by the City. If there are items of work
I4 of 9
SECTION I (Continued)
which require another contractor to perform his work before this Contract can proceed,
the time will stop when the work and clean-up that can be completed is completed and
the site is made available to the next Contractor. The time will commence again with
the earlier or when the Engineer issues notice that the work is ready or when the
Contractor moves back in to resume work.
8. Liquidated Damages.
Provisions for liquidated damages, ff any, are set forth in the Agreement.
9. Substitute or "Or-Equal" Items.
The Contract, if awarded, will be on the basis of materials and equipment described in the
Drawings or specified in the Specifications without consideration of possible substitute or "or-
equal" items. Whenever it is indicated in the drawings or specified in the Specifications that a
substitute or "or-equal" item of material or equipment may be furnished or used by Contractor
is acceptable to Engineer, application for such acceptance will not be considered by Engineer
until after the Effective Date of the Agreement unless the Engineer, at his option, elects to issue
an Addenda nami~!g a substitute or "or-equal" item prior to receipt of bids. The procedure for
submission of any such application by Contractor and consideration by Engineer is set forth in
Paragraphs 6.7.1, 6.7.2. and 6.7.3. of the General Conditions and may be supplemented in the
General Requirements.
10. Subcontractors, Suppliers and Others.
10.1 If the Supplememary Conditions require the identity of certain Subcontractors,
Suppliers and other persons and organizations (including those who are to furnish the
principal items of materials and equipment) to be submitted to Owner in advance of the
specified date prior to the Effective Date of the Agreement, the apparent Successful
Bidder, and any other Bidder so requested, shall within seven days after the Bid opening
submit to Owner a list of all such Subcontractors, Suppliers and other persons and
organizations proposed for those portions of the Work for which such identification is
required. Such list shall be accompanied by an experience statement with pertinent
information regarding similar projects and other evidence of qualification for each such
Subcontractor, Supplier, person or organization if requested by Owner.
I-5 of 9
SECTION I (Contimled)
If Owner or Engineer after due investigation has reasonable objection to any proposed
Subcontractor, Supplier, other person or organization, either may before the Notice of
Award is given request the apparent Successful Bidder to submit an acceptable substitute,
in which case the apparent Successful Bidder shall submit an acceptable substitute, that
Bidder's Bid price will be increased (or decreased) by the difference in cost occasioned
by such substitution and Owner may consider such price adjustment in evaluating Bids
and make the contract award.
If apparent Successful Bidder declines to make any such substitution, Owner may award
the contract to the next lowest Bidder that proposed to use acceptable Subcontractors,
Suppliers and other persons and organizations. The declining to make requested
substitutions will not constitute grounds for sacrificing the Bid security of any Bidder.
Any Subcontractor, Supplier, other person or organization listed and to whom Owner or
Engineer does not make written objection prior to the giving of the Notice of Award will
be deemed acceptable to Owner and Engineer subject to revocation of such acceptance
after the Effective Date of the Agreement as provided in Paragraph 6.8.2. of the General
Conditions.
10.2. No Contractor shall be required to employ any Subcontractor, Supplier, other
person or organization against whom Contract has reasonable objection.
11.1 The Proposal is included in the Bidding Documents; additional copies may be
obtained from Engineer (or the issuing office). All Bids must be submitted on the
Engineer's form.
11.2 All blanks on the Proposal must be completed in ink or by typewriter.
11.3 Bids by corporations must be executed in the corporate name by the president or
vice-president (or other corporate officer accompanied by evidence of authority to sign)
and the corporate seal must be affixed and attested by the secretary or an assistant
secretary. The corporate address and state of incorporation must be shown below the
signature.
11.4 Bids by parmerships must be executed in the partnership name and signed by a
partner, whose title must appear under the signature and the official address of the
partnership must be shown below the signature.
I-6 of 9
SECTION I (Continued)
11.5 All names must be typed or printed below the signature.
11.6 The Bid shall contain an acknowledgement of receipt of all Addenda (the number
of which must be filled in on the Proposal).
11.?. The Address and telephone number for communications regarding the Bid must
be shown.
11.8. The Bidder shall also submit an estimated progress schedule with the bid in
accordance with Item 1.5 of the General Requirements.
12. Submi.~ion of Bids.
Bids shall be submitted at the time and place indicated in the Advertisement or Invitation to
Bid and shall be enclosed in an opaque sealed envelope, marked with the project title (and, if
applicable, the designated portion of the Project for which the Bid is submitted) and the name
and address of the Bidder and accompanied by the Bid security and other required documents.
The Contractor shall acknowledge, on the outside of the envelope, receipt of any addenda. If
the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed
in a separate envelope with the notation "BID ENCLOSED" on the face of it. It shall be the
Bidder's responsibility for the delivery of his Proposal at the proper place by the time stated.
The mere fact that a Proposal was dispatched will not be considered.
13. Modification and Withdrawal of Bids.
Bids may be modified or withdrawn by an appropriate document duly executed (in the manner
that a Bid must be executed) and delivered to the place where Bids are to be submitted at any
time prior to the opening of Bids.
14. Openln.o of Bids.
Bids will be opened privately. An abstract of thc amounts of the base Bid and major
alternates (if any) will be made available to Bidders at such time as authorized by Owner.
15. Bids to Remain Subject to Acceptance.
All bids will remain subject to acceptance for forty-five days after the day of the Bid opening,
but Owner may, in its sole discretion, release any Bid and return the Bid security prior to that
I-7 of 9
SECTION I (Contimjed)
16. Award of Contract.
16.1 Owner reserves the right to reject any and all Bids, to waive any and all
informalities and to negotiate contract terms with the Successful Bidder, and the right to
disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also,
owner reserves the right to reject the Bid of any Bidder if Owner believes that it would
not be in the best interest of the Project to make an award to that Bidder, whether
because the Bid is not responsible or the Bidder is unqualified or of doubtful financial
ability or fails to meet any other pertinent standard or criteria established by Owner.
Discrepancies in the multiplication of units of Work and unit prices will be resolved in
favor of the unit prices. Discrepancies between the unit price in works and the unit price
in figures will be resolved in favor of the price in works. Discrepancies between the
indicated sum of any column of figures and the correct sum thereof will be resolved in
favor of the correct sum.
16.2 In evaluating Bids, Owner will consider the qualifications of the Bidders, whether
or not the Bids comply with the prescribed requirements, and such alternates, unit prices
and other data, as may be requested in the Bid Form or prior to the Notice of Award.
16.3 Owner may consider the qualifications and experience of Subcontractors, Suppliers,
and other persons and organizations proposed for those portions of the Work as to which
the identity of Subcontractors, Suppliers, and other persons and organizations must be
submitted as provided in the Supplementary Conditions. Owner also may consider the
operating costs, maintenance requirements, performance data and guarantees of major
items of materials and equipment proposed for incorporation in the Work when such data
is required to be submitted prior to the Notice of Award.
16.4 Owner may conduct such investigations as owner deems necessary to assist in the
evaluation of any Bid and to establish the responsibility, qualifications and financial
ability of Bidders, proposed Subcontractors, Suppliers and other persons and
organizations to perform and furnish the Work in accordance with the Contract
Documents to Owner's satisfaction within the prescribed time.
16.5 If the contract is to be awarded, Owner will give the Successful Bidder a Notice
of Award within forty five days after the day of the Bid opening.
I-8 of 9
SECTION I (Continued)
17. Contract Security.
Paragraph 5.1 of the General Condifiom and Supplementary Conditions set forth Owner's
requirements as to performance and payment Bonds. When the Successful Bidder delivers the
executed Agreement to Owner, it must be accompanied by the required performance and
payment bonds.
18. Signing of Agreement.
When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by
the required number of _unsigned counterparts of the Agreement with all other written Contract
Documents attached. Within fifteen days thereafter Contractor shail sign and deliver the
required number of counterparts of the Agreement and attached documents to Owner with the
required Bonds. Within ten days thereafter Owner shall deliver one fully signed counterpart to
contractor.
19. Retain~e.
Provisiom concerning retaining are set forth in the Agreement.
20. Collateral Contracts.
Bidders are advised that the Owner intends to let separate contracts for the construction of
water, sewer, drainage, and paving improvements on this project. Details regarding
~x)ordination of the Work is these contracts is provided in the Supplementary Conditions.
I-9 of 9
SECTION P
PROPOSAL
SECTION P- PROPOSAL
PAVING IMPROVEMENTS
NORTHLAKE WOODLANDS EAST NO. 10 - PHASE "A"
COPPELL, TEXAS
TO: FIRCON VENTURE LTD DATE: APRIL 1994
102 Meadowcreek, Suite #101
Coppell, Texas 75019
Gentlemen:
1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an
agreement with the OWNER in the form included in the Contract Documents to perform and
furnish all Work as specified or indicated in the Contract Documents for the Contract Price and
within the Contract Time indicated in this Bid and in accordance with the other terms and
conditions of the Contract Documents.
2. BIDDER accepts all of the term.~ and conditions of the Advertisement or Invitation to Bid
and Instructions to Bidders, including without limitation those dealing with the disposition of Bid
security. This Bid will remain subject to acceptance for forty-five days after the day of Bid
opening. BIDDER will sign and submit the Agreement with the Bonds and other documents
/'equired by the Bidding Requirements within fifteen days after the date of OWNER'S Notice of
Award.
3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that:
3.1 BIDDER has examined copies of all the Bidding Documents and of the following
Addenda (receipt of all which is hereby acknowledged):
DATE NUMBER
P-1 of 7
SECTION P (Continued)
3.2 BIDDER has familiarized itself with the nature and extent of the Contract
Documents, Work, site, locality, and all local conditions and Laws and Regulations that
in any manner may affect cost, progress, performance or furnishing of the Work.
3.3 BIDDER has studied carefully all reports and drawings of the subsurface conditions
and drawings of physical conditions which are identified in the Supplementary Conditions
as provided in paragraph 4.2 of the General Conditions, and accepts the determination
set forth in paragraph SC-4.2 of the Supplementary Conditions of the extent of the
technical data contained in such reports and drawings upon which BIDDER is entitled
to rely.
3.4 BIDDER has obtained and carefully studied (or assumes respomibility for obtaining
and carefully studying) all such exnminntions, investigations, explorations, tests and
studies (in addition to or to supplement those referred to in 3.3 above) which pertain to
the subsurface or physical conditions at the site or otherwise may affect the cost,
progress, performance or finishing the Work at the Contract Price, within the Contract
Time and in accordance with the other terms and conditions of the Contract Documents,
including specifically the provisions of paragraph 4.2 of the General Conditions; and no
additional examinations, investigations, explorations, tests, reports or similar information
or data are or will be required by BIDDER for such purposes.
3.5 BIDDER has reviewed and checked all information and data shown or indicated on
the Contract Documents with respect to existing underground facilities at or contiguous
to the site and assumes responsibility for the accurate location of said underground
facilities. No additional examinations, investigation, explorations, tests, reports or
similar information or data in respect of said underground facilities are or will be
required by BIDDER in order to perform and furnish the Work at the Contract Price,
within the Contract Time and in accordance with the other terms and conditions of the
Contract Documents, including specifically the provisions of paragraph 4.3 of the
General Conditions.
3.6 BIDDER has correlated the results of all such observations, examinations,
investigations, explorations, tests, repons and studies with the terms and conditions of
the Contract Documents.
P-2 of 7
SECTION P (Continued)
3.7 BIDDER has given ENGINEER written notice of all conflicts, errors or
discrepancies that it has discovered in the Contract Documents and the written resolution
thereof by ENGINEER is acceptable to BIDDER.
4. This bid is genuine and not made in thc interest of or on behalf of any undisclosed person,
f'um or corporation and is not submitted in conformity with any agreement or roles of any
group, association, organization, or corporation; BIDDER has not directly or indirectly included
or solicited any other Bidder to submit a false or sham Bid. BIDDER has not solicited or
induced any person, f'um or corporation to refrain from bidding; and BIDDER has not sought
by collusion to obtain for itself any advantage over any other Bidder or over OWNER.
BIDDER will complete the Work for the prices indicated in the following schedule:
P-3 of 7
SECTION P (Continucd)
Item Dcscriution Unit OW Price Amount
1. 6"-3000 PSI Reinf Concrete (28' BB) SY 13,070 13.55 177,098.50
Thirteen DOLLARS
Fifty Five cents
per square yard
2. ?'-3000# PSI Reinf Concrete Pavement SY 2,830 15.20 43,016.00
(,SO'
Fi~en DOLLARS
Twenty cents
per square yard
3. 6"-4"-6" 3000 PSI Reinf Conc SY 5,560 14.60 81,176.00
Alley Pavement
Fourteen DOLLARS
Sixty cents
per square yard
4. 6" Lime Stabilized Subgrade SY 23,640 1.15 27,186.00
One DOLLAR
Fifteen cents
per square yard
5. Hydrated Lime TNS 425 80.00 34,000.00
Eighty DOLLARS
No cents
per ton
6. Sawcut, Remove and Dispose LF 220 10.00 2,200.00
Existing Curb/Gutter
Ten DOLLARS
No cents
per linear foot
P-4of7
SECTION P (Continued)
Item Descr/pfion Uni_.__~t ... ~ty Price Amount
7. Construct Street Header LF 88 10.00 880.00
Ten DO~S
No cents
per linear foot
8. Barricade LF 140 30.00 4,200.00
Thirty DOLLARS
No cents
per linear foot
9. Barrier Free Ramps EA 18 475.00 8,550.00
Four Hundred Seventy Five DOLLARS
No cents
per each
10. Connect to Existing Concrete EA 8 400.00 3,200.00
Four Hundred DOLLARS
No cents
per .each
11. 2" Hot Mix Asphalt on 6" SY 380 15.75 5,985.00
Crushed Stone
Fifteen DOLLARS
Seventy Five cents
per square yard
12. Seed Parkways After Paving SF 100,000 0.06 6,000.00
Zero DOLLARS
Six cents per square foot
P-5 of 7
SECTION P (Continued)
Item Descriution Uni___~t Oty Price Amount
13. Erosion Control/Silt Fence LF 3,500 2.25 ?,875.00
Two DOLLARS
Twenty Five cents
per linear foot
TOTAL PAVING I 401,366.501
TOTAL MATERIAL I 240,819.90 [
TOTAL LABOR I 160,546.60 [
P-6 of 7
SECTION P (Continued)
6. BIDDER acknowledges that the quantities indicated in the previous schedule are not
guaranteed and may be changed to conform with the Work. BIDDER has read paragraph
9.10.2 of the Supplementary Conditions and understands that the quantities shown in thc
previous schedule and as modified by change order will be the actual quantities paid by the
OWNER for the completion of the work.
7. BIDDER agrees that the Work will be completed within twenty f20) working days for
the paving from the date when the contract time commences to nm.
8. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event
of failure to complete the work on time.
9. The term.~ used in this Bid which are defined in the General Conditiom of the
Comtrucfion Contract included as part of the Contract Documents have the meanings
assigned to them in the General Conditiom.
SITE CONCRETE, INC.
3328 Roy Orr Drive
Grand Prairie, TX 75050-4207
Submitted by: SITE CONCRETE, INC.
Doing Business as SITE CONCRETE, INC.
Communication concerning this Bid should be directed to the attention of Jean Boney.
P-7 of 7
SECTION A
AGREEMENT
SECTION A
AGREEMENT
BETWEEN OWNER AND CONTRA~R
THIS AGREEMENT is dated as of the __ of , 1994, by and between
FIRCON VENTURE LTD (hereinafter called OWI~ER), and SIT~ CONCRETI~, INC.
(hereinafter called CONTRACTOR).
OWNER AND CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,
agree as follows;
Article 1. WORK
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents.
The Work is generally described as follows;
PAVING IMPROVEMENTS
The Project for which the Work under the Contract Documents may be the whole or only a part
is generally described as follows:
DEVELOPMENT PLANS - NORTHLAKE WOODLANDS EAST NO. 10 - PHASE
COPPELL, TEXAS
Article 2. ENGIN'~.~R
The Project has been designed by TIPTON ENGINEERING, INC., who is hereinafter called
ENGINEER and who is to act as OWNER'S representative, assume all duties and
responsibilities and have the fights and authority assigned to ENGINEER in the Contract
Documents in connection with the completion of the Work in Accordance with the Contract
Documents.
Article 3. CONTRACT TIME
3.1 The work will be completed and ready for f'mal payment in accordance with
paragraph 14.13 of the General Conditions within twenW (20} working days from the
date indicated in the Notice to Proceed or when the contract time commences to run as
provided in paragraph 2.3 of the General Conditions, and will be substantially completed
within thc same number of days.
A-1 of 6
SECTION A (Continued)
Arik~ 3. CONTI~.CT ~ (Coutinued)
3.2 Liquidated {]~mu~,~. OWNER ~ CO~~OR ~o~ ~t &e ~e is
of ~ ~ of ~ A~mem ~ O~ ~ ~er f~ loss if ~ Work is
~t ~mpl~ wi~in ~ ~ s~ ~ ~ph 3.1 a~ve, pl~ ~y ex~io~
~f ~ow~ k ~o~ wi~ ~cle 12 of ~ ~ Co~o~. ~ey also
~~ ~ ~hys, ex~ ~ d~~s ~volv~ ~pmv~ ~ a leg~ or ~bi~fion
p~ing ~ ~ loss ~ffe~ by O~ ff ~ Work is not comple~ on t~e.
A~~ly, ~ of ~~ ~y ~h p~f, O~ ~ CON~CTOR a~
~t ~ li~~ d~m~ges for dehy ~ut ~t ~ a ~) CO~CTOR s~ll pay
O~ $5~ for ~h ~y ~t e~s a~r ~ ~e ~ifi~ ~ p~ph 3. l when
~ Work ~ a~wv~ ~ ~y for ~ pa~e~.
~de 4. CO~CT ~C~
4.~ O~ s~ ~y CON~OR for ~mplefion of ~ Work on a U~t
Wo~ ~is ~ ~o~ wi~ ~ ~t ~n~ ~ c~nt ~s b~ on ~e
~n~ ~ ~ of w~ch is ~1,~.~, ~fifies ~ ~t phis sm~ ~ ~e
p~ or ~ m~fi~ by c~e o~.
CON~OR ~ ~t A~li~fiom for Pa~ent ~ a~o~ wi~ ~cle 14 of &e
~m~ Co~ifi~. A~li~fion for Pa~ent will ~ p~s~ by ENOINE~ as provid~
~m~ Co~ifio~. ~ CondOr's appli~fion for ~ent s~ ~m~t of ~ i~mi~
~i~ m ~ p~ i~ of ~ wo~ ~o~ for ~ mon~ ~ &e to~l work
~mple~ on ~ job.
5.1 ~~ ~~. O~ s~ll ~e pm~ss paymen~ on a~o~t of &e
Co--ct ~ on ~ ~ of CO~CTOR'S Appli~fiom for Payment as
~~~ by ~GIN~, on or a~ut ~e fi~n~ (15~) ~y of each mon~ d~
common. ~1 pm~ss pa~ will ~ on &e ~is of ~ ~t p~ss sm~
pm~s~ ~ ~ ~ple~ ~ of work as de~~ by ENGI~ minus ~n
~ (10%) ~ge to ~ held by O~ER ~ffi f~ pa~ent but, ~ ~ch ca~, less
· e ag~ga~ of pa~en~ p~vio~ly ~ ~ less ~h ~o~ ~ ENGINE~ s~ll
~im, or O~ ~y wi~old, ~ a~~ wi~ ~g~ph 14.7 of ~e
Co~ifiom.
A-2 of 6
SECTION A (Continued)
5.2 Final Paymem. Upon final completion and acceptance of the Work in accordance
with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the
Contract Price as recommended by ENGINEER as provided in said paragraph 14.13.
All monies not paid when due as provided in Article 14 of the General Conditions shall bear
interest at the maximum rate allowed by law at the place of the Project.
Article 7. CONTRkCTOR'S I~Pl~I~-qk'~TATIONS
In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following
representatiom:
7.1 CONTRA~R has famil~ itself with the nature and extent of the Contract
Documents, Work, site, locality, and all local conditiom and Laws and Regulafiom that
in any manner may affect cost, progress, performance or finishing of the Work.
7.2 CONTRACTOR has studied carefully all reports of exploratiom and tests of
subsurface conditiom and drawings of physical conditiom which are identified in the
Supplementary Conditions as provided in paragraph 4.2 of the General Conditions, and
accepts the determimtion set forth in paragraph SC-4.2 of the Supplementary Conditiom
of the extent of the technical data contained in such reports and drawings upon which
CONTRACTOR is entitled to rely.
7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for
obtaining and carefully studying) all such examination, investigations, explorations, tests,
reports and studies (in addition to or to supplement those referred to in paragraph 7.2
above) which pertain to the subsurface or physical conditions at or contiguous to the site
or otherwise may affect the cost, progress, performance or f'mishing of the Work as
CONTRACTOR comiders necessary for the performance, or furnishing of the Work at
A-3 of 6
Article 7. CONTRACTOR'S i~PI~I~-~i~NTATIONS (Continued)
the Contract Price, within the Contract Tim~ and in accordance with the other terms and
conditions of the Contract Documents, including specifically the provisions of paragraph
4.2 of the General Conditions; and no additional cxsminstions, investigations,
exploratiom, tests, repons, studies or similar information or data are or will be required
by CONTRACTOR for such purposes.
7.4 CONTRACTOR has reviewed and checked all information ami data shown or
indicated on tbe Contract Documents with respect to existing Underground Facilities at
or contiguous to the site and assumes responsibility for the accurate location of said
Underground Facilities. No additional examimfiom, investigations, explorations, tests,
reports, studies or similar information or data in respect of said Underground Facilities
are or will be required by CONTRACTOR in order to perform and furnish the Work at
the Contract Price, within the Contract Time and in accordance with the other terms and
conditions of the Contract Documents, including specifically the provisions of paragraph
4.3 of the General Conditions.
7.5 CONTRACTOR has correlated the results of all such observations, examinations,
investigations, exploratiom, tests, repons and studies with the terms and conditions of
the Contract Documents.
7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or
discrepancies that he has discovered in tbe Contract Documents and the written resolution
thereof by ENGINEER is acceptable to CONTRACTOR.
Article 8. CONTRACT DOCUM~.NTS
The Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR concerninl the Work consists of the following;
8.1 This Agreement (pages A-1 through A-6, inclusive).
8.2 Notice of Award.
8.3 CONTRACTOR'S Proposal (pages P-1 through p-7, inclusive).
8.4 General Conditions (pages GC-1 through GC-32, inclusive).
A-4 of 6
ArriVe 8. CONTRACT nOC~N'I~ (Continued)
8.5 Supplementary Conditiom (pages SC-1 throu~ SC-8, inclusive).
8.6 General Requirements (pages GR-1 through GR-10, inclusive).
8.7 Specifications bearing the title Standard Specifications for Public Works
Construction, North Central Texas, "Development Plans for NORTHLAKE
WOODLANDS EAST NO. 10 - PHASE "A" and sheets numbered _.1 through 20,
inclusive. A set of drawings is not attached to the signed contract documents but may
be obtained from the Engineer.
8.8 Drawings, consisting of 20 sheets bearing the title ~Development Plans,
NORTHLAKE WOODLANDS EAST NO. 10 - PHASE "A". A set of drawings is not
attached to the signed contract documents but may be obtained from the Engineer.
8.9 Performance and other Bonds, identified as Section PB and consisting of __
pages.
There are no Contract Documents other than those listed above in this Article 8. The
Contract Documents may only be amended, modified or supplemented as provided in paragraphs'
3.4 and 3.5 of the General Conditions.
Article 9. M~.~C~-T.t.~N'~OUS
9.1 Terms used in this Agreement which are defined in Article I of the General
Conditions will have the meanings indicated in the General Conditions.
9.2 No assignment by a party hereto of any fights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of the
party sought to be bound, and specifically but without limitation monies that may become
due and monies that are due may not be assigned without such consent (except to the
extent that the effect of this restriction may be limited by hw), and unless specifically
stated to the contrary in any written consent to an assignment no assignment will release
or discharge the assignor from any duty or responsibility under the Contract Documents.
A-$ of 6
SECTION A (Continued)
9.3 OWNER and CONTRACTOR each binds itself, its parmers, successors, assigns and
legal represemfives to the other party hereto, its partners, successors, assigns and legal
representatives in respect of all covenants, agreements and obligations contained in the
Contract Documents.
IN WITNESS, ~F, OWNER AND CONTRACTOR have signed five copies of this
Agreement. Two counterparts each have been delivered to OWNER and CONTRACTOR, and
one counterpart has been delivered to ENGINEER. All portions of the Contract Documents
have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their
behalf.
This Agreement will be effective on ,1994.
FIRCON VENTURE LTD. SITE CONCRETE, INC.
BY: BY:
102 Meadowcreek, Suite #101 3328 Roy Orr Drive
Coppell, TX 75019 Grand Prairie, TX 75050420?
Attn: Atto:
Attest: Attest:
A-6 of 6
SECTION PB
PERFORMANCE AND PAYMENT BOND
SECTION MB
MAINTENANCE BOND
_ SECTION CI
CERTIFICATE OF INSURANCE
SECTION GC
GENERAL CONDITIONS
'-This document has important IcpJ consequences: consultation with An attorney is encouraged w~zh
L respect to its completion or modif~c&tion.
ST ARD
GENERAL CONDITIONS
OF
CONSTRUCTION CONTRACT
Prepmre4
Engineers' 3oin~ Conzra¢~ Documents Commizte¢
Issued. and Published Jointly By
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
A p,'acficr di.~io~
- NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
AMEKICAN CONSULTING ENGINEERS COUNCIL
AMEglCAN SOCIETY OF CIVIL ENGINEERS
CONSTRUCTION SPECIFICATIONS INSTITUTE
This document h~ been app~ved and endorsed by
The Associated Gcn Contractors of America
These General Conditions have been preps'ed for use with the Owner-Contractor Agreements (No.
1910-8.A-! or 1910-LA-2, 19S3 editions). Their provisions are interrelated and a chanfe in one may
necessitate a chan~e in the others. Comments concerninf their usage ate contained in the Commentary
on Agreements for Engineerins Services ~fld Contract Documents, No. 1910-9, 198I edition. For
guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supple-
mentary Conditions {No. 1910-17, 1983 edition). When bidding is involved, the Standard Form of
Instructio~,s to Bidders (Nc,. 1910-12, 198:~ edition) may be used.
1983 National Society of Professional 1420 King Street. Al:zandria. VA
Amebean Consultinl Ensineen Council.
101~ I~th Street. N.W.. Washiniton, D.C. 2~5
Ame~cafl Society of Civil ~ngineers
345 East aTth Street. New York, ~Y !~!7
Const~ction S~cifieations' [n~tute
~1 Madison St.. Alezandfia. VA 22~14
TABLE OF CONTENTS OF GENERAL CONDITIONS
Article
. Number Title Pa~e
~' i DEFINITIONS ......................... ; ............................ 7
2 PRELIMINARY MA'1=rER$ ........................................ ' 8
,.. 3 CONTRACT DOCUMENTS:
INTENT. AMENDING AND REUSE ............................... 9
· 4 AVAILABILITY OF LANDS; PHYSICAL CONDITIONS;
REFERENCE POINTS .............................................. I0
$ BONDS AND INSURANCE ........................................
; 6 CONTR,ACTOR'S RESPONSIBILITIES ............................ 14
'"' 7 OTHER WORK ..................................................... 15
~ $ OWNER'S RESPONSIBILITIES .................................... 19
9 ENGINEER'S STATUS DURING CONSTRUCTION .............. 19
10 CHANGES IN THE WORK ......................................... 21
i ! CHANGE OF CONTRACT PRICE .................................. 21
12 CHANGE OF CONTRACT TIME ................................... 24
13 WARRANTY AND GUARAN'r~E; TESTS AND
INSPECTIONS; CORRECTION. REMOVAL OR
ACCEPTANCE OF DEFECTIV£ WORK ........................... 24
14 PAYMENTS TO CONTRACTOR AND COMPLETION ............ 26
15 SUSPENSION OF WORK AND TERMINATION .................. 29
16 A.R~ITRATION ..................................................... ~ 1
17 MISCELLANEOUS .................................................
INDEX TO'GENERAL CONDITIONS
Ac~s to ~e W~ ................ ,. ,, ,..,,...,,, ,., 13~ ~~~ ......................................
Adde~eAnition of(~ d~ni~ ~ ' C~t~ ~i{ity in--ce ........................ J.4
A~ni~eBnit~ ~ ................................ I C~i~on .......................................... ~.~
~i ~sk In~mn~ ..................................... ~.6 ~pies of ~ents .................................. 2.2
Amendment, W~tten ............................. I, ~, !. I Co--on oF R~ov~ of ~fm~ive Wo~ ........... 13. { I
Appli~6on for h~ent~e~i6~ ~ .................. I Co~on Pe~, ~ Y~ ........................ 13.
A~ii~t~ for ~ent, ~ ...................... 14.12 C~ction, ~movai ~ A~ce of ~fc~ive
Applint~n for ~,s Payment .................... 14.2 Wo~n smne~ ...........................
Appli~tion for ~ess Payment~view of .... 14.~14.7 Cost--el dec~e ................................. 11.6.2
A~it~tion ............................................. 16 Cost of Wo~ .................................... I 1.~! 1.5
Autho~ V~tion in Wo~ ......................... ~.~ Cos~, Supplcmcn~ ................................ { 1.4.5
Av~hbility of ~s .................................. 4.1
Aw~, Notice of~cfined .............. ~ ............... I Da~eAnition ~ .......................................
Bef~ St~ifl~ Construction ...................... 2.J-2.7 Defective W~. A~ce of ...................... ILl3
Bi~eB~tion of ....................................... I ~efec~/~e W~, C~n or R~v~ of ..........
Bonds and Insu~nc~in ~ns~ ........................ 5 ~e~ec~/~,e Wo~n {en~ ............... D, {4.7, {4. { {
Bond~eBnition of ............................. ~ ....... I Def~c~h,e Wo~, R~n{ .............................
Bonds, ~livm~ of ............................... 2.1, 5.1 DeBni~ons .............................................. I
Bonds, P~o~ance and ~hmr .................... ~. !-~.2 Delive~ of Bonds ' 2.1
Dmtm~ination for Unit ~cms ........................ 9.
~sh Allowances ..................................... 1 I.{ Disputes, Decisions by En{inm~r .................
~nn{~ O~er~Bnition of ............................. ! ~mmnts, Copies of ................................. 2.2
Chan{e Ord~o be execut~ ...................... 10.4 ~ummnts, Rm~ord .................................. 6. i9
Chan~e$ in the Wo~ ................................... 10 ~mmnts, R~u~ ' . ...................... ~.6
Oaims, Waiver of~n ~n~ Payment ' 14.16 Dmwin{~mBnition of ................................. I
C}aHBcations and {nte~retations ...................... 9.4
C{~ni0~ ............................................. 6.17 ~s~ments ............................................ 4.1
Completion ............................................. 14 Effectiv~ dat~ of A{r~ement~eBnition
Co~le;ion, Substanti~ ......................... 14.8-14.9 Erect{envies ......................................... 6.~
Co~er~nce, Precons~ction .......................... 2.8 ~nm~eBnition of ..................................
ConBict, E~or,' Disere~n~ont~or En~ne~r's D~cisions ............................ 9.1~9.12
to Rein ...................................... 2.5, 3.~ En~nmer'~Noti~e Work is A~cep~ble ............. 14.
Const~ction Machine~. Equipment, etc .............. 6.4 En{ineer's Recommendation of Payment ...... 14.4, 14.13
Continuin~ Work ..................................... 6.29 Eh{tamer's Res~nsibiliti~s, ~mita~ions
Contact ~cument~amendin{ and on .................................. 6.6, 9. I 1, 9.1~-9.16
mu~{em~ntin{ .................................. ~.4-}.~ En~ne~r's Status Du~n{ Cons~tio~in ~ene~ ......
Contact Documen~eBnition of ...................... ! Equipment, ~bor, Mate~als and .................. 6.~-6.6
Cont~t Do~ument~Intent ...................... ~.I-{.~ Equ/valmnt Mate6al$ and E~uipment .................. 6.7
Cont~ct ~um~nt~Reu~ of ....................... ~.6 Ex~{o~tions of physical conditions ...................
Com~c~ ~ce, Chan{e of .............................. I 1
Commct ~ce~cfini~ion ............................... { Fee, Cont~ctor'~osts Plus ........................
Cont~ct Time, Chan~ of .............................. ~2 Field Or~r~eBnition of ...............................
Cont~t Time, Commencement of .................... 2.) Field Order~issu~d by En{ineur ................ 3.~.1, 9.5
Cont~t Time~e~nition of ............................ I Fin~ A~li~ation for Payment ....................... 14.12
Cont~ctor~e~nition of ................................ ! F{n~ Inspection . .' ...................................14.
Com~clor May Sto~ Work or Te~ina~e ............. 15.5 Fin~ Payment and Acceptance ......................
Cont~ctor's Continuing Obligation .................. 14.15 Final Payment, Recommendation of ........... 14.13-14.14
Contm~or'{ Duty to Re~ Discrepancy
in Documents .................................. 2.5, ~.2 General ~yis}ons .............................. 17.~-1~.4
Contractor's Fee~omt Plus ... 11.4.5.6, ! 1.5.1, I I.~11.7 Oener~ Requirement~eBnition of ..................... I
Cont~c~or'$ Liability Insurance ....................... 5.3 Oene~ R~quiremeni~p~ncipal
Cen~=tur's Re:ponsibilitie~in general ................ 6 references to ................. 2.6, 4.4, 6. d. 6.&6.7, 6.2~
4
· ~ Oivins Notice ........................................ 17.1 Payments to Contrnctor--when due ........... 14.4.14.13
Gua;nntee of Work-=by Contractor ................... 13.1 Payments to Contrzctor--withholdine ................
--. Performance and other Bonds ..................... 5. I-5.2
indcmnific~tion ................... - 6.30-6.32, 7.5 Permits ............................................... 6.13
' - ~ inspection, Final .................................... 14. ! I PhysicaJ Conditions ................................... 4..~
· Inspection, Tesu &nd ................................. ]3J Physical Conditions.--~n~ineer's review ............. 4.2.4
"' Insurance, Bonds nd--in fenere] ......... ~ ............. $ Physical Gonditions--existinf structures ............. 4.2.2
i InSUZlACC, Certificmes of ............ ', . 2.7, 5 Physical Conditions--~xplomtions and repons ....... 4.:. 1
· ' Insu~Ace--completed opcrztions ...................... 5.3 Physical Conditions*possible document ch&nee ..... 4.:.~
,.=, Znsuruncc, Conwactor's l..hbility ...................... 5.3 PhysicAl Conditio~pr4ce &nd time adjustments .... 4.'-..~
inSUraACe, Contrnctual liability ....................... 5.4 Physical Conditions--~port or' diffcrine ............. 47_..~
. . · lnsurence, Owner's liability .......................... 5.S Physical Conditions---Under~'ound Facilities .......... 4.3
I lnsu~nce, Pro~r~y .............................. $.6.5.13 Precoflsu'uction C~ference ........................... 2.8
... Insurance--Waiver of IUghts ......................... $. I I Preliminary Matters .....................................
inzent ot ~ontract Documgnu ................... ~.3, 9.14 Premises, Use oF ................................ 6.16.6.]~
Interpretations and C3arifications 9.4 Price, Chan~e of' Contract .............................. 1
. investilations of physical conditions ................... 4.2 Price*Contr~t-.dcfinition of' ............................I
"' Ptoatess Payment, Applications for ...................
labor, Materials and Equipment .................. 6.3-6.$ Prosress Payment--,~etainaee ......................... 147
' ' laws and Regulations--definition of ..................... I Pro[tess schcduio ............... 2.6, 2.9, 6.6, 6.29, 15.2.6
Laws and ReL, ulations-=leneral ....................... 6,14 Ptojoct--detinition of .................................... !
Liability Insurance--Contractor's ..................... $.3 Project Representation=provision tar ................. 9.3
Liability Insurance-Owner's ......................... 5.5 Project Representative, Resident-definitiOn or' .......... 1
Liens=definitions of ................................ 14.2 Project, Stattinf the ...................................
~=, Limitations on Enlineer's Property Insurance ............................... 5.6-5.13
i Respons~ilities ..................... 6.6, 9. ! 1, 9.13-9.16 Property Insurence =Partial Utilization ............... 5.15
· . Property insurance~Receipt and Application
Materials and equipment-..fureished by Contractor .... 6.:} of Proceeds ................................... 5.12.5.13
· =- Materials and cqwpmcnt--not Protection, Safety and ........................... 6.20-6,21
incorporated in Work .............................. 14.2 Punch list ........................................... 14.11
Materials or equipment~uivalent ................... 6.7
Miscellaneous Provisions ............................... I? Recommendation of Payment .................. 14.4, 14.13
'=' ~ Multi-prime contracts ................................... 7 Record Documents ................................... 6.19
Reference Points ...................................... 4.4
Notice, Givin~ ot~ ..................................... l?. ! Relulations, laws and ............................... 6.
Notice or' Acceptability of.Project ................... 14.13 Rejectinj De~'¢¢r~ve Work ............................. 9.6
'=' | Not~c¢ or' Award--definition of ..........................! Related Work at Site .............................. 7. i-7.3
Notice to Proceecl~definition of. ......................... I Remedies Not Exclusive ............................. 17.4
Notice to Proceecl~ivine of. .......................... 2.3 Removal or Correction of'Dv£v¢m,e Work ........... 13. I
· -- . Resident Project Representative. definition of ........... I
~ "Or-Equal" Items ..................................... 6.7 Resident lh'oject Representative~provision for ........ 9.3
] Other contractors ....................................... 7 Respofls:btht:es, Contractor S-em eeneral ...............6
Other work .............................................. 7 Respons~ilities, Engineer'r---in eeneral ................. 9
'-' , Overtime Work--prohibition of ........................ 6.3 Responsibilities, Owner's--in eencral .................... 8
i Owner--definition of ...' ................................. i RetainMe ............................................ 14.2
J Owner May Correct De/'eerive Work ................. 13.14 Reuse of Documents .................................. 3.$
Owner May Stop Work .............................. 13. I0 Rif, hts at' Way ......................................... 4.1
"" : Owner May Suspend Work, Terminate .......... I$. 1-15.4 Royalties, Patent Fees and ........................... 6.12
i Owner's Duty to Execute C'banee Orders ............. 11.8
Owner's Liability Insurance ........................... 5.5 Safety &nd Protection ............................ 6.20=6.21
· =- i Owner's Represefltative~En~ineer to serve as ........ 9.1 Satnplcs ......................................... 6.25-6.28
~ Owner's Responsibilitie~in general .................... 8 Schedule orr pro~css ........ 2.6.2.8-2.~, 6.6, 6?-9, 15.2.6
~ Owner's Separate Representative at site ............... 9.3 Schedule orr Shop Drawine
submissions ...................... 2.6, 2.8-2.9, 6.23, 14.1
'== i Partial Utilization .................................. 14.10 Schedule of values ...................... 2.6, 2.8-2.9, 14.1
P'trt/al Utilization-definition of ' I Schedules, Finalizine .................................. 2.9
Partial Utilization=Property Insurance ............... 5.15 Shop Drawings and Samples ..................... 6.23-6.28
· -- Patent Fccs and Royalties ............................ 6. I2 Shop Drawing~',.-,dc~nition or' ............................ l
Payments. Recommendation of' ........... 14.4. I.L?. la. 13 Shop D~wifles, use to approve
~ Pa)'mcnts to Contractor~in general .................... 14 substitutions ...................................... 6.7.3
~ Site. Visits to=by En$ine¢t ........................... 9.2 Time. Computation of ................................ I'/.2
Speci~ca~ns,--defmition of ............................. ! Time, Contract--~efinition of ............................
'- Stanin8 Construction. Before ...................... Z~-Z.$
Stanins the lq'oje~t ................ .- ................... 2.4 UnceverlnS Work ....................... ; .......
' ' - Stoppi~S Work*by Contractor ....................... 15.$ Undcrlround Pacilitict.-ddnkion of ....................
StoppinS Work*by Owner .......................... 13.10 Underp~md Ficflities--4mt shown or indicated ..... 4.3.2
"' Subcomrictor--,deL~lnition cd' ............................. ! Underjround Facilities-.~)rotection of ........... 4.3, 6.20
SubcontricMr3--in Scherzi ....................... 6.8*,6. ! ! Undorl~und Facilities-.shown or indicated ......... 4.3. i
Subconu'~cts--maukcd provisions ............ $.1 I. I. 6.1 ! Unit Price Work--.ddlnition of ..........................
,_. 11.4.3 Unit Prioe Work-..~gngral ................. 11.9. 14.1.14.$
· Substantial Compl¢tion=-,cgrtifigadon of .............. 14.8 Unit Prices ......................................... I t.3. I
Substantial Completion--definition 0f .................... I Unit Prices, Determinations for ....................... 9.
Substitute or "Ot. Equa/" Items ....................... 6.7 Use of Premises ................. 6.16.6.18
-- Subsurface Conditions ............................. 4.2=4,3 Utility owners .......................... 6.13, 6.20, 7.2-7.3
Supplemental cosu · II. $
Supplementary Conditiofls.-de~tnition of ................ i Values/Schedule of ......................... 2.6, 2.9.
· Supplementary Conditions-.prin~qpal Variations in Work---Authorized ............ 6.~, 6.2'/. 9.$
'" references to .. 2.2, 4.2, 5.1, 5.3, $.6-5.8, 6.1, 6.13, 6.23, V~ts to Site--by ~n~ineet ............................ 9.2
7.4, 9.3
., SuppJementin[ Contract Documents ............... 3.4-3.5 Waivor of ~ Final Payment ................ 1,1.16
~ Supplicr--dcAnition'of ................................... I Waiver of Rilbts by insured pa~es ............. $. I 0, 6. ] 1
Supplier--principal references to ... 3.6, 6.5, 6.7-6.9, 6.20, Waz'ranty and Guarantee*by Contractor ............. 13. i
6.24, 9.1~}, P. 16, II.~, 1~},4, 14.12 Wa.,qlnty of'Tide, Conu-agtor's ....................... 14.3
., Surety-consent to payment .................. 14.12. 14.14 Work. Access to 13..
-- Surety--Engineer has no duty to ..................... 9.1.t .....................................
Work--by others ' 7
Surety--notice to .......................... 10.1, 10.$, 15.2 Work Continuins Durin8 Dispmes .................... 6..~9
Surety-=quaJiA~ation et' ........................... 5. ~-$.2 Work, Cost of ................................... ! !.4-11.5
J Suspendifls Work, by Owner ......................... !$. 1 Work=definition of ..................................... 1
" Suspension o[ Work and Tetmination=~n feneraJ ....... 15 Work Directive Chanle~deflnition of ................... 1
Supcrintendcnt--Contrector's ......................... 6.2 Work Directive Change~prin~ipal
.l Supervision and Superintendence .................. 6.~-6.2 references to ............................ 3.4.3, 10.1-10.2
-. Work, Ne~Jected by Contractor ..................... 13.
Ta.xes-=paymenl by Contractor ....................... 6.15 Work, Stoppin8 by Contractor ........................
Tcrmination=-by Contrectot .......................... 15.5 Work, Sloppinl by Owner ....................... 15.1-15.4
-J Termination--by Owner ......................... 15.2-15.4 Written Amendment=definition of ......................
,_. Te_rmination, Suspension of Work and--in 8eneral ...... tS Written Amendment--principal
Tests and Inspections ..~ ........................ ]3.3-12.7 referenees to ..................... 3.4.I, 10.1, II.2, ~2.!
j Time. Chlnle or' Contract .............................. 12
· .
· .
GENERAL CONDITIONS ,~,e,tv,--An odje~ve which when modifying the ~on~ Work
"~ refers to Work that is unsatisfactory, faulty or deficient, or
· does n~t conform to the Contract Documents. or does not
-' ARTICLE I--DEFINITIONS _ meet the requirements of any inspection, rsfcrence standard.
- test or approval referred to in the Contract Document~. or
Wherever used in these C. moerzl Conditions or in the other has been dmnnled prior to ENGZNEEJ~,'s recommendation
Contract Documents the foliowinl terms have the meanings of futal payment (unless responsibility for the protection the~of
'" indicated which ~re applicable to both the sinsular and plural has been aasumcd by OWNER it Substantial Completion in
thereof': accordap, ge wJt~ pnr'agrzph 14.8 or 14.10}.
.- ,44fd¢#dn-.-Written or h, raphic instruments issued prior to the Z}~.a~,L,t~,s--.The drawings which show the character and scope
opening of Bids which cltrify, correct or change the biddinl of the Work to be performed and which have been prepared
t documents or the Contract Documents.
I or Approved by ENGINEER and ~re ret'erred to in the Con-
~ tract Documents.
-, ,4t~.eem~nt-,The written agreement between OWNER and
CONTRACTOR coveriog the Work to be performed: other E,f]'eczive ~)o~e e/'the AA, re~m~.'nl~The date indicated in the
J Contract Documents are attached to the Agreement and mede Agreement on which it becomes effective, but if no such date
I part thereat'as provided therein, is indicated it means the da, ce on which the Agreement is
'=' sashed and delivered by the last or' the two parties to sign a~d
Applicotion .t'or J~4lym~,nl~The form accepted by ENGI- deliver.
J NEER which is to be used by CONTRACTOR in rcquestinl
,, progress or fina~ payments and which is to include such sup- £/VGIA/££R~The person, firm or corporetion named ~s such
portiog documentation ns is required by the Contract in the'A&,reement.
~ Documents.
~ /~e14f Ordee=-A written order issued by ENGINEER which.
._ ,9i~'~The offer or proposal of the bidder submitted on the orders minor chanles in the Work in accordance with para-
prescribed t'orm setting forth the prices for thc Work to be ' Iraph g.$ but which does not involve a change in thc Contract
I performed. Price or thc Contract Time.
-- Bonds--Bid, performance and payment bonds and other Gentra/J~quirem~ms.=.Sections or'Division 1 of the Speci-
instruments or' security, f~c~tions.
J
CleanSe O~dc~-=A document recommended by ENGINEER, Caw~ anal J~elulntion~ : Caws o~ /~elul,,zions~L.aws. rules,
" which is silnod by CONTR.ACTOR and OWNER and autho- regulitions, ordin&nces, codes and/or orders.
rizes an addition, deletion or revision in the Work. or an
.) adjustment in the Contract Price or the Contract Time. issued /vo~ice o/' Awara'~The written notice by OWNER to the
on or ~ter the Effective Date of the Agreement. apparent successful b~dder stating chit upon complianc~ by
" the appm'e,~t successful bidder with the conditions precedent
Contract Doc~ment~The Agreement, Addenda (which per- enumerated therein, within the time specified. OWNER will
J ~n to the Contract Documents), CON'TRACTOR's Bid siln and deliver the Agreement.
~.- (including documentation accompanyiog the Bid and any post- A'o;/¢e t=/¥o¢~ea'~A written notice given by OW~NER to
Bid documentation submitted prior to thc Notice of Awm'd)
~ whet, attached as an exhibit to the Agreement. the B~nds, CONTRACTOR (with a copy to ENGINEER) fixing the date
' on which the Cont~'zct Time will commence to run and on
these Gcne~a] Conditions. the Supplementa,"y Conditions, the which COZ~Z'RACTOR sha]l sca.et to perform CONTRAC-
-' Specil%ations and the Drawings as the same ate more ape- TOR'S obligations under the Contract Documents.
civically identified in the Alzeement. together with ~J amend-
] meats, modifications ~ supplements issued pu.,sunnt to OWN£1~The public body or-uthority, corporation, asso-
paral~-aphs 3.4 and 3.$ on or ~fter the E.q'ective Date o{' the ci~tion, firm or person with whom CONTILACTOR has ente~d
"" Alr~ement. into the Agreement and for whom the Work is to be provided.
Comra~t l~rice~The moneys payable by OWNER to CON- l~ar~ial f./~ifization~Placinl a portion of the Work in service
· -- TRACTOR under the Contract Documents as stated in the for the purpose for wi.ich it is intended {or a r~lated puflx)se)
Agreement (subject to the provisions or' paragraph I 1.9. l in bet'ore reaching SubstandaJ Completion for zJl the Work.
~ the ca~a or' Unit Price Work).
/~j~cr~Tl~e totaJ construction oE which the Work to be
,., Conzrac~ 7'/m~--The number or'days (computed as provided provided under the Cont,-act Documents may be the whole,
, Ln pa. rz~.zph I?.2) or the date stated in the Agreement for the or ~ part as indicated elsewhere L,t the Contract Documents.
· completion or' the Work.
J~esid¢n~ Pro. jeer ~epresen~azive-.The authorized repr~sen.
,=' CO/V?'R,4C"7OR~The person. ~trm or corporation with whom tative of ENGINEER who is ~ssisned to the site or any part
OW'HER .~u entered into the Agreement. thereof.
7
** [ndicate$ paragraph alte~-~ or deleted by Supple~ntary Conditions.
Shop Drewinl$--All drawinls, diil~ms, illu~ions, o~4Hng an &ddi~on. delez~n or ~visio~ in ~he Wo~. cr
sghcdulcs ~ ot~r ~ whigh ~ s~gi~ly pre.red by ~s~l to d~n~ ~ u~o~s~n physi~ ~nditions u~cr
~ MI 01us~, ~, ~ ~ul~, ~Kor- 4.2 or 4.3 ~ ~ cmc~cKies under ~ph 6.~. A Wo~
p~ by i Sup~ ~ ~n~ ~ CO~~R to Contact ~, ~t is ~cncc ~t the ~ics ex,ct
Ulus~ mt~ ff e~i~t ~ Mine ~n oF~e Wo~. ~e ~Se di~ ~ d~ment~ by I W~k ~ve
~an~ w~l ~ i~t~ iff · sub~qucmly issued
Sp~c~car(o~--%osc ~iofls o~ ~e G~t ~um~ts ~der (o~ni ~So~oKs by the ~ics u to iU effect.
~ns~hf ~ ~tten te~ni~ de~ o~ mtc~s, ~ny, on ~c Gon~t ~ce or ~nt~z Time u pmvid~
equine, consort sys~, s~s ~ w~. p~ph
s~p ~ applied to ~e Wo~ ~ ~n ~m~s~ve dc~ls
appli~bie ~to. ~ri. efl ~mendmefl:~A ~en ~cfldmcflt of ~e ~ont~ct
~mems, si~ ~ O~B~ a~ CON~OR on or
5,bcomracmr--~ indi~d~, ~ or co~tion ~vin; a fft=r ~e ~ective ~te of ~ A~mcnt and no~ly
direct con~ ~ CO~~R or wi~ ~y other $u~ ins ~ ~; ~;~ or ~nt~ ~=r ~ s~c~y
cont~ctor ~or ~he ~o~,c= of a p~ of ~ Wo~ a~ tho Work-r~t=d as~cts of the ~,;~t ~cumcms.
has pressed to ~e ~int wh~, ia thc opin~n of ENGI- ~CLE 2~P~LIM~A~Y
~ as evidenced by ~G~*s de~tivc
of Subs~mi~ Complete, it ~ su~cntly compi~e, in ~w~
accord~ce ~th the Con~ct ~ments, ~ ~at the Wo~
(or specified p~) ~ ~ u~l~d for ~ pu~scs for ~hich 2.1. ~en CO~OR dclive~ the executed A~ee-
it is intended; or ~ ~ b~ no such ce~ificnte issued, when meats to O~E~ CO~OR shah also d~livcr to
fin~ payment is du~ in accor~cc ~th p~ph 14.13. ~e OWNER such Bonds ~ CON~OR m~y be required to
tc~s "substantially complete" ~d "subs~nti~ly com- fu~isb in accordance with p~ph 5.1.
plated" as ~pplied t0 ~y Wo~ ~fer to Subs~n~ Comple-
tion thereof. Cop~, of Doc~:
&~pp/emee~a~ Cond(fio~e p~ of thc Contact ~u- 2.2. O~ER sh~ fu~ish to CON~OR up
meats which ~nds ~ suppiemen~ ~e~ Gene~ Condi- copies (unless othc~se specified in thc Supplcmcnta~ Con-
tions, ditions) of ~c Cont~ ~cuments as ~e rcuonabiy nec-
csg~ ~r thc execution of thc Work. Additional copies ~'~1
~ fu~ished, u~fl rcqucSL, it [h~ cos~ of repr~u~don.
Supplier~A maflu~actu~r. ~ab~cacor. supplier, disc~butor.
~ite~imafl or v~ndor.
Commen~tmt~ of CO~/T~t; No~e to Pr~rtd:
UnderlroundFacilitit~pi~iines, condui~,du~s,~bles, ~ 2.~. ~m ~t~nmt ~:..~ v. iil ~ ...... ~nc~ t~ ~n ~
wires, manholes, vaults, tanks, tunnels oro~ersuch facilities tk~ietk d~/~fter eke ~a~tk~ ~:ta (~ ~he/4rec..~nt. ~.
or attachments, and any encasemcflts containin~ such f~- s ~tiec to ~ouamd i3 ~. e~ tk~ d~ indicated in the
aries which have been inst~led unde~und to furnish thy o~ ~ct~c tc ~c:¢a~. A ~cti~t t~ ~d ...~ ~ l:~cr, et
:he ~ollowin~ sc~ices or mite~als: eicct~city, ~ses. steam, th..c v4tki~ Iki.v/d~s i~et ~o ;ff~et~ Dste of thc
liquid petroleum p~uctS, telephone or other communica- f..~m, l~ ~e nv,~t ~i'. eke CeAIrist Ti...e eel ..... ease to
tions, cable television, sc~c ~d dminale remove, tm~c in~r skor. tK~ ~ er.e/ ~ftk ~y ~ef thc ~y of ~d
~'m~ ~rJc~ ~or~--~ork Lo ~ pi~d ~or on ~h~ basis o~
p~ces.
~ork~e entire completed const~ction or the va~ous se~ L4. CONT~OR shell st~ to ~c~ thc Work on
~tely i~entifiabte pa~s thereof required to be fu~ishcd thc date when th~ Con:~t T[~c ~ommenc~s to ~n. but no
under thc Contm~t ~uments. Work is the result of per- Work shall be done ~t :he si~e p~or to ~hc date on which the
fo~i~i se~iccs. ~umishing labor and fumishin~ and inter. Contract Time commcn:~s to ~n.
po~tin~ mate~als and equipment into the const~c~ion, all
~s r~quircd by ~h¢ Contract Documents.
Before $~ing Cons~cfion:
Work Directive ~a~e~ w~n directive ~o ~~- 2.~. ~ore ~n~a~k~n~ a~h p~ o~ ~h~ Wor~. ~-
· ~* %nd~cates paragraph altered or d~letecl by Supplementar~v Conditions.
'~. thereon and Ill applicable fir. id measurements. CONTR. AC. ~'dph 2.&. The fertilized pro,tess schedule will be acceptable
TOR shIll promptly rel~' in writin~ to ENGINEER any m ENGINEER u-providing an orderly pro~ession of the
conflict, error or discrepancy which.CONTP~ACTOR may Work to completion within the Contract Time. but such
- discover and shall obtain e written interpretation or clirifi, acceptance will neither impose on ENGINEER responsibility
ution fYom ENGINEER before proceedbt$ with ~ny Work for ~c pro~rf~s or schcdulins of the Work nor relieve CON.
... Iffected thereby: however. CONTRACTOR shill not be Iii. TRACTOR from full responsibility therefor. Thc AnIlized
blt to OWNER or ENGINEI~R for failure to report an), schedule of Shop Drawing submissions will be acceptable to
COnfliCt, error or discrepancy in the Contrite Documents. ENGINEER is providing a workable a~zngement for pro-
urdcss CONTRACTOR hid actual knowledge thcraof or should cessing the submissions. The finalized schedule of'values will
--- reasonably have known thereof, be acceptible to ENGIN£ER is to form and substance.
I 2.6. Within ten days after the Effective Date of'the Alree-
~ meat (unless otherwise specified in the General Require- ARTICLE ~.--CONTRACT DOCUMENTS: INTENT.
"' meats), CONTRACTOR shall submit to ENGINEER for
AMENDING, REUSE
2.6.1. an estimated prolrcss schedule indicating the
starting and completion dates of the various stages of th~
~ 3. !. The Contract Documents comprise the entire agree-
.i Work; merit between OWNER and CONTRACTOR concerning the
Work. Thc Contra~t Documents are complementary: what is
· -.. 2.6.2. a prelimintr7 schedule of Shop Drlwing sub- c~lled for by one is as binding is it' ullcd for by all. The
~ missions: and Contrite Documents will be construed in accordance with
s the law of thc place of the Project.
z 2.6.3. a preliminary schedule of values for al.! of the
~ Work which will include quintitics and prices of items ** 3.2. It is the intent of the Contract Documents to describe
f at, zreg~'~nl the Contrite Price and will subdivide the Work a functionally complete Prelate (or pi, thereof) to be con-
~ into component parts in su~cient detail to serve as the strutted in accordance with the Contrnct Documents. Any
basis for progress payments during construction. Such Work. materials or equipment that may rusonably be inferred
'-- prices will include an appropriate amount of overhead and from the Conu'act l~)cuments as beinl required to proclucc
: profit applicable to each item of Work which will be con- thc intended result will be supplied whether or not specifically
-J firmed in writing by CONTRACTOR it thc time of sub- c~lled for. When words which have a well-known technical
=.. mission, or tride meaning ire used to describe Work. materials or
equipment such words shall be interpreted in accordance with
) 2.7. Before ~ny Work at the site is sta~ed. CONTRAC- that meaning. Reference to standard specifications, manuals
TOR shall deliver to OWNER, with a copy to ENGINEER, or codes of any technicll society, organization or association.
· .-- cer~iltcates (and other evidence of insurance requested by
~ or to thc Laws or Regulations of any governmental authority.
OWNER) which CONTRACTOR is required to purchase and whether such reference be specific or by implication, shall
} maintain in accordance with pira~phs 5.3 and 5.4, and m~an the latest standard specification, manual, code or Laws
OWNER shall deliver to CONTRA~OR certificates {and or Re~ulations in effect at the time of openini~ of' Bids (or, on
other evidence of insurnnce requested by CONTRACTOR) the Effective Date of the Agreement it' there were no Bids}.
which OWNER is required to pur~hisc and rnaJntnln in except is may be otherwise specie,ally stated. However. no
'~ accordance with pi."ng, r~phs $.~5 ~nd 5.7. provision of any referenced standard spc¢'.'fication, manual
, or code (whether or not specifically inco~orated by reference
~ Prccon~a'u¢~ien Con/e~n~e: in the Contract Documents) shall be effective to change the
~ duties and respons~ilities of OWNER, CONTRACTOR or
~r* 2.~. '~l~in ~,'~aty day4 '~'ser she ;ffec~i~.e i~k~e of ~he ENGINEER, or any of their consultants, a~ents or employ-
, A~'eemsnt. tut before CON=f"RACTOR starts the Work at ecs from those set forth in the Contract Documents, nor shall
the site, a conference attended by CONTRACTOR. ENGI- it be effective to a.~sign to Ei~GINEER, or any of
/ NEER and oche~s as appropriate will be held to discuss t~.e NEER's consultants, agents or employees, any duty or
schedules referred to in p~ra~=~ph 2.6, to discuss procedures authority to supervise or direct the furnishin~ or performance
t for handling Shop D~wings ~n=l other submittals and t'of oft he Work or any duty or authority to unde~ake responsi-
· processingApplications forPaymcnt, a~d toestablish a wor~ng bility contrary to the provisions of paragraph 9.15 or 9.16.
understanding a~nong the patties as to the Work. Clarifications and interpretations of' the Conu'act Documents
qhall be issued by E~IGI~,IEER as provided in pa~'agtaph 9.4.
: ,e~n=R:~',~ $¢Aedabs: 3.3. If. during the performance of th-. Work. CONTR.AC-
~ 2.9. At lea.st ten days before submission of the first Appl;- TOR finds a con.qict, error or discrepancy in the Contract
' caticn t'or P~yment a conference atzended by CONTR..AC- Document's. CONTRACTOR shall so report to ENGINEER
TOR, £.~IGI,NEER and others as appropriate ~,,ill be held to in writing at once and before proceedin& w~th the Work affected
finalize the schedules submitted in accordance with para- thereby shall obtain a written interpretation or cla,,'ificalion
9
*-* %ndicates parag~'aph altered or.deleted b.y Supplementary Conditions.
From ENG%NEER: however, CONTRACTOR shall not be such other lands which are designated for the usc of CON-
-' liable to OW~IER er ENGINEER {'or failure to reign any TILACTOR. Easements for permanent structures or parma-
conflict, error er dis~,paao,/ in ~be Centra~t Documents neat changes in existing facilities will be obtained and paid
unles~CoN'rRACTORhada~ml knewledl~thereefer should for by OWNER, unless otherwise provided in the Contract
rea.tenably have known thereof. D~:ument$. If CONTRACTOR believes that any delay in
OWNER's furnishing these lands, rights-of-way or ease.
meats entitles CONTRACTOR to an extension of the Con-
,4~ aa~lSuppbmea~af Co~D~r~me~: tract Time, CONTILACTOR may make a claim therefor zs
- 3.4, The Contra~t Documents may be amended to ~ provided in Article 12. CONTRACTOR shall provide for
vide for additions, deletions and revisinm in the Werk er t~ addition~ lands and access thereto that may be re~luired iror
modify the terms and con.ditiom thereof in eno or mete of temporary construction facilities or storage of materials and
the foilowinl ways: equipment.
3.4.1. a formal Written Amendment,
Pkys~d
~ 3.4.2. a Change Order (pursuant to paralraph 10.4}, ~ 4.2.1. E. cplora:ion$ ~nd Report:: Reference is made
er tO thc Supplez~ntary Cond~ons for identiR~tion of those
r~K)rts of explorations and tests of subsurface conditions
3.4.3. a Work Directive Chsn$~ (pulluam to para- a~ the site that have been utilized by ENG[NF-ER in prep-
-J graph 10.]}. ara[Jori of the Contract Documents. CONTRACTOR may
, . rely Ul~m the ac~'ur~y of the technir.~ data contained in
As indicated in pa.'"al~pbs 11.2 and 12.1, Conu'net Fti~e and such reports, but not upon nontechnical data. interpreta-
) Contra~t Time may only he r..hanled by a Chanle Order er a tigris ar opinions contained therein or for the completeness
Written Amendment. thereof for CONTILACTOR's purposes. Except as indi-
rated in the immediately preceding sentence and in paJ"a-
3.$. In addition, the requirements of the Contract Doeu- ~raph 4.2.6, CONTRACTOR shall have full responsibility
J meats may be supplemented, and minor v~iations and devia- with respect to subsurface conditions at the site.
lions in tbe Work may be authorized, in one or more of the
foUowing ways: 4.2.2. E. tis:int Stru¢tares: Reference is made to the
j Supplementary Conditions for identification of those
3.$.1. a Field Order Leursuant to p~ph 9.$), drawings of physical conditions in or relating to existing
surface and subsurface structures (except Underlround
$.$.2. ENGINEER's approval of a Shop Drewin[ or Facilities referred to in paragraph 4..1} which ate ar or
} sample (pursuant to p~ragtaphs 6.26 and 6.27), or contiguous to the site that have been utilized by ENGI-
NEER in preparation of the Contract De4:uments. CON-
3.5.3. ENGINEER's written interpretation or ¢iari~ TRACTOR may rely upon the accuracy of the technical
} e-tion (pursuant to paragraph 9.4). data contained in such drawinls, but not for the complete-
ness thereof for CONTRACTOR's purposes. Except as
indicated in the immediately preceding sentence and.in
~m~ o, fDe~#a~a~t: paragraph 4.2.6, CONTRACTOR shall have full respon-
j 3.6. Neither CONTRACTOR nor any Subcontractor or sibility with respect to physical conditions in or relating
Supplier or other per,on or erlnnl~ation performinl er fur- to such structures.
nishins any of the Work under a direct or indirect contract
: with OWNER shall have or acquire any title to or ownership 4.2.3. ~eport o. fD(/~'¢r;nr Ce~//r;o~s: l~ CONTILAC-
] ri[hts in any of the %:)rawinls, Specil$cations or other docu- TOR believes that:
meats (or copies of any thereot~ prepared by er bearing the
seal of ENGINEER: and they sha~! not reuse any of them on 4.2.3.1. any technical data on which CONTRAC-
i extensions of the Project or any other project without written TOR is entitled to rely as provided in paJ'a~raphs 4.2.
consent of OWNER and ENGINEER and specific written and 4.2.2 is inaccurate, or
veriR~a~ion or adaptation by ENGINEER..
I ~.2.3.2. any physical condition uncovered or
· rev~led at the site differs materially from that incli-
ARTICLE a--AVAILA~t%L%TY OF LA,DS: PHYSICAL cared, reflected or re~'erred to in the Contract Docu-
CONDITIONS; REFERENCE POINTS meats,
CONTRACTOR shall, promptly ~ter becoming aw~e
,4vag6z6/~ e/~s: the.roof and before pcfforminl any Work in connection
~ 4.1, OWNER shall furnish, as indicated in thc Contract therewith (except in an emergency as permitted by pa~'~-
~ Documents. the lands upon which thc Work is to be per- ~raph 6.22}. hotly OWNER and ENGINEER in writing
formed, rights-of-way and e~sements for access thereto, and about thc inaccuracy or difference.
10
** Zndtcates paragraph altered or' d~]e~ed by Supple~n~a~y Conditions.
4.2.4. E~INEE~'~ ~vi~w: ENGINEER will detgmine ~e ~xtgnt to which the Commct D~umems
promptly ~view the ~niflgm conditions, dete~ine the s~uld ~ m~ifled to reflect and d~umcnt thc coflsc.
necessity o~obcainins ~dicio~l gx~ions or te~ls wkh qucflgcs o(the existcflc~ o(thc Undc~round Facility. and
~s~¢i tht~tQ I~ Idvi~ OW~E~in ~tins (wi~ a copy ~he Com~: ~umcn~s w~l bc amended or suppicmemcd
to CO~TRA~OR) o~ ENGZ~E~'s flndinjs ~d con- m ~h~ cx~cm nec~s~. ~nl such dec. CO~C.
clusions. TOR s~l ~ ~s~nsibl~ for the s~ety and protection
SUgh U~und FKility u provided in pi~g~ph 6.20.
a.2.S. Pe~ibl~ D~cumcnr Cheats: If ENGINEER CON~OK abM! bc allowed an increlse in thc Con.
concludes t~t there is I mate~ c~r in the Contact ~ct PHge or an extension of thc Contact Time. or both.
~uments or that ~cau~ of Kwly diKove~d condi- to ~e extent ~at thcy ~e at~butable to the existencc
tions a chinie in the Con,ct ~umcnts is ~quiKd. ~ any U~c~nd Facility ~t wu not shown or ~ndicated
Work Dire~ive Ch&n~e ~ I C~nie O~er ~il be issued in the Con~c~ ~uments ~d which
as provided in Anicl~ 10 to ~flect ~d document ~e gould not ~uo~bly ~vc ~cn cx~ctrd to be aware oL
consequences o~ ~e ~Kcuncy or difference. If the ~ies ~e u~le to ~e u to thc amount or length
~creo~. CO~OR may ~e ~ cl~m ~gre~or as
4.1.6. Po~ibl~ ~ric~ and Time Adju~tm~n[~: In eich provided in Anidcs 11 ~d 12.
such ~sc. an inc~ or decks in the Cont~t
or an ~xtcnsion or shortening o{the Contact Time. or ~ny
combination ~e~of. will ~ Mlowible to thc extent that ~nc~ PW:
flOWER and CON~OR ~ u~ble to ai~e as to Uch ~fe~e ~qtr ~ ffP41MIdsK ~Mk in
~l cai ~m ~o~ (u~mmm m~m./~m ~mmi~md in the C~n~.~
~eq~m...mnl~, ~11 pretest n~d prmi~,m ~e
4.3. I. Shown or Indicated: ~c info~atiofl and ~ta vAtkout ~m p.~r v.~Um~ &ppfc~ cf OWNER.
shown or indited in ~e Con~ ~umeflu ~th ms~t
to existin~ Unde~round Facilities at or condluo~ to the ~eiet if left or dectr~d sF ~equiFes velHMiea kee&u~
site is based on info,etlon ~d da~ furnished to OWNER ~e~etf-~-~-~ ~ 6~t~ or ~";~-t. "~ ~'" bt teepee
or ENGZNEER by the o~cn o[~ch Under, nd Facil- :ibis fe~ ~e Neu ~e re~ss...ent et eeiHesisn ef sash
re,ce p~tr ky prefmKimn-~ q~"~i~ld ~m:
aries or by other. Unless it is othe~se expressly
vidcd iff ~c Supplcmcn~ Conditions:
4.2. t.X. O~NER and E~G~EER shall not ~ ARTICLE ~BONDS ~D tNSU~NCE
~esponsible for ~e ~cu~cy or completeness of any
such info.etlon or ~; and.
Pr~o~nct ~ Other ~o~:
(.~.l.Z. CON~Og shgl have full res~nsi- ~ 5.1. CO~OR s~! furnish ~o~ancg and pay-
bility for reviewing and checkinl all such i~o~ation merit ~o~s. each in an ~ouflt at least gqu~ ta thc
~d data. fpr locating ~! Uflde~und Facflit~s shown P~ce ~ secu~ty for the f~u] ~o~ancg ~d payment of
or indicated iff the Cont~t ~ments. for c~rdi~- ~1 CO~~OR's obligatio~s under ~e Cont~ct D~u-
tion of the Work with ~e owne~ of such Under~und meats. ~ese Bonds sh~ re.in in effect at least until one
Facilities du~ng cons~ction, for the ~ety and pr~ year ~er ~e ~te when fifl~ payment becomes due. exacpt
tectiofl thereof ~ ~vid~ ~ ~ph 6.20 and u othe~isg p~vid~ by Law or Regulation or by the Con-
~pai~ng any d~ ~e~to ~sultinl from the Work. t~ct D~uments. CONT~OR shall ~so fu~ish such
~e cosi of ~1 of w~gh will be considered u having other ~onds u ~e ~quired by the Supplementa~ Condi-
been included in the Con~t ~ce. tions. ~ Bonds s~l be in the fo~s prese~bed by ~w or
~ Regulation or by ~e Contact D~uments ~ be cxecumd
~.3.2. ~o~ ~Ao,vn or [nd[cnted. If an Underground by such sute~ies u ~e named in the cu~ent list o[ "Corn-
Facility is uncovered or revealed at or conti~uous to the panics ~olding CeniRcates of Autho~ty M Acccp~blc Sure-
site which was not shown or indicated in the Contact ties on Federal ~oflds and as Acceptable Reinsu~ng Com-
~cumgnts and which CONTRA~OR could not reason- panics" as published in Circul~ ~70 (amended} by the Audit
ably have been expected to be a~e of, CONT~OR S~ B~au of Accounts, U.S. Treasu~ ~p~mcnt. All
shall, promptly ~ter becominl aw~e thereof and before Bonds si~ed by an agent must be accomp~ied by a ctniRcd
pcffo~ing any Work ~ected thereby (except iff an emcr. copy of ~c autho~ty to act.
gcflcy as ~ittcd by p~ph 6.,.), identify the owner
of such Uflde~ound FacUlty and We ~ttefl notice thc~or 5.2. ~ t~e surety off any Bond fu~ished by CONTRAC-
to that owner and m OWNER and ENGINEER. ENGI- TOR is dec~d a baflk~pt or becomes insolvent or its
NEER will promptly review the Uflderlroufld Facility to to do business is t~iflated iff ~fly state where any p~
e. Ir~ica=es paragraph al=ered or de~C~ ~Y ~I~=~ Co~i=ions.
thc Project is l~atcd or it ceases to meet the requirements thi~y days' p~or w~tlen notice has bc:n given zo
of p~ph 5.1. CON~OR sh~l v~in five days and ~NGINE~ by c~ifi~d m~l. Ail such insulate s~
ther~tgr substitute anmhcr Bond and Su~ty, both o~which remain in cffccz un~) fifla~ paymcm and at ~l ~imcs
must ~acccplablg to O~. when CONT~OR ~y bc co~:dflg, rcmoviflg
~placiflg de/~cHv~ Work iff ac~an:c with p~gmph I
~ addition, CO~O~ s~l m~in~n suc~
Co~r'z ~ I~ge: opc~tions iflsu~ngg for at i~st ~o y~ ~gr final payment
we~.3. CO~~Og thai put.se and ~nmln such and furnish O~g with gvidgncg of rontinuation of such
comp~hcnsive ~gng~ liability ~d othe~ iflsumnce as is insu~flcg at fiflal payment and cftc yc~ th:r~t=r.
appropriate for ~g Work bciflg ~ffo~ ~d ~mished and
u will provide protection from ~l~ms sot fo~ below which
~y ~se out of or ~sult ~m CO~OR's ~ffor- Cealme~,~ ~b~ lflz~raflc~:
~cg and fumisMnl of ~ Work ~nd CON~OR's
~g ~mprehcnsive Icnc~ l~b~ity insumn~ ~u{rcd
other oblipdo~ under ~e Con.ct ~m=nts, whether it
by p~ph 5.3 will includg contmctu~ liability insumnc:
i$ to ~ pgffo~gd or fu~ished by ~0~0~, by any Ippli~blg to CO~OR's obliptions under paragraphs
$ubcommctor, by anyon~ d~gctly or indi~tly employed by 6.30 ~d 6.31.
any of th~m to pg~O~ or f~{sh any of the Wo~, or by
anyone for whose acts any of them my bg Ii&big:
5.3.1. Claims under worke~' or workmen's comma- O~er'~ ~ lmumnct:
~tion. disability ben{fiu and o~gr s~i1~ employee ~n- 5.~. O~R sh~l be res~nsiblg for purchasing and
grit acts; ' m~n~ning OWNeR's own liabUity insurance and, at
O~R's option, may pu~hug and m~nmin such insur-
5.3.2. Clams for d~m~es ~cause of ~By i~u~, ~ ~s will protege O~R ~g~nst chares which may
occupation~ sickness or ~s~, or d~th of CO~C- from o~mtions under thc Con,ct Documents.
TOR's
5.3.]. Clams for da~es b~ause of bod~y i~u~, ~pe~
sickness or disease, or de,th of any person o~er th~ *~ 5.6. Unless othe~ise providgd in the
CONT~OR's employees; Conditions, O~ER sh~! put=base and maintaM prope~y
insu~ce upon the Work at the s~tg to the full insu~bie v~luc
~.3.4. 'C~ims ~or dams[es insured by ~rson~ i~u~ ~gre~ (subject to such deductible ~ounts ~ may.be pr~
liability core,ge which ~ sust~ned (al by any pe~on vided in the Supplemgnt~ Condhions or required ~y
as a result of an offense directly or indirectly related to and R~lations). This insurance shall include the interests
the imployment of such person by CONT~OR, or .of OWNER, CONT~OR. Subcontmctors, ENGINEER
~ by any other penon for ~y other reason; and ~GINEER's consultants in the Work, ~i of whom shall
bc listed as insurcds or addition~ insure~ p~ies, shall insure
5.3.5. Claims for damages, other ~an to ~ Work against the perils of fire and extended ~ovcmSc and shall
itsgE, because ofinju~ to or des~ction oftan$~ie pro~ include "all risk" insu~nce for physic~ loss and damage
c~y wherever locatg~, including loss of usc ~suldn~ includinl theft, vandalism and malicious mischief, collapse
therefrom:
and ~ter damage, and such other perils as may be provided
~ tho Supp]emgnt~ Condhions, and sh~!] include damages,
5.3.6. Claims ~sing out of ope~fion of~s or Reg. losses ~d =xpcnsc$ ~sin~ out ofor rgsuhin~ from any insured
ulztions tot damages because o~ bodily inju~ or death of loss or incu~cd in the repair or rcplac=mcnt o~ any insured
any person or for d~ale to prope~y: ~d property (inclu~inl but not limited to fees and charges
cn~inggrs, architects, attorneys and other professionals).
5.3.7. Claims for damales because of bodily inju~ or not covered under the "ail ~sk" insumnc~ or o~he~ise pr~
death of ~y person or pro.ny damage ~sin~ out of thc vided in thc Supplcmcnt~ Conditions, CONT~A~OR sh~
ownership, maintenance or use of any motor vehicle, purchase and maintain simii~ property insurance on portions .
ofthe Work stored on and offuhc site or in transit when such
~e insumnc: required by this paragraph 5.3 sh~l include ~nions of thc Work are to bc included ~n an Application for
thc specific covcra8es and bc w~ttcn for not less than thc Payment.
limits of liability and covcm~cs provided in the Supplcmcn.
ta~ Conditions, or required by law, whichever is srcatcr. 5.7. OWNER shall purchase and maintain such boiler and
Thc comprehensive &cnc~ liability insurance shall include machinc~ insurance or additional propc~y insurance as may
completed operations insurance. All of thc ~licics of insur, be required by thc SupplcmentaO Conditions or Laws and
anco so required to be purchased and maintained (or the Regulations which will include the interests of OWNER.
ce~ficatcs or other evidence thcreo0 shall contain a provi. CONTRACTOR. Subcontractors, ~NGINEER ~ND
sion or endorsement that ~e core.ge afforded will not be ENGINEER's consul:ams in ;he Work, all of whom shall bc
cancelled, materially ehan~c~ or renewal refused until at least Iis~ed as insured or addidon~ ~niurcd panics.
12
$.S. AU the policies of insur'd~ce (or thc certiAcltes or such wlivcr forms ~e ~quired of ~y Subco~t~ctor.
9thor evidence ~e~oO requital m ~ ~d ~d min- CONT~O~ wi~ ob~n ~a s~c.
~a~d by O~X ~ Icco~e ~ ~phs 5.6 ~d
~vcn to GOd,OK by c~i~cd m~ ~d ~H con~n ~qu~red by p~p~s ~.6 ~d ~.7 w~l ~ ~j~stcd
w~vcr provisions in ~co~ancc ~th p~ph ~.1].2. O~E~ and made ~le to O~ER u ~stec for
insureds, u ~eir interests rely Ip~. subject to ~ require.
J.9. 0~ s~l ,of ~ ~s~miblc for ~huinl I,d men~ of ~y appli~ble monist clause ~d of
m~n~ninl any property imu~cc m p~tect ~e interests ~. 13. O~E~ s~l de, sit in a se~te account any money
of CO~OK. Su~ofl~cton or o~e~'in ~e Wo~ to so ~ceiv~. nd s~ db~bute it h ~co~cc with such
· e extent of any deducible ~oun~ ~t ~ provided in ~e a~e~flt u ~e p~es iff iflte~st may ~zch. M no other
SuppJemeflta~ Co~itions. ~e ~sk ~ loss witMn ~e s~ci~ aKcemefl~ is r~hed ~e d~fed Work shall
deductible amount, will ~ ~me by GO~OR. Su~ ~p~ or ~placed. the moneys so ~ceiYcd applied
coflt~ctor or o~e~ su~eAflS ~y such loss and ~any or,em account ~e~of ~d ~e Wo~ ~d ~e cost ~creof covered
wishes properly iflsu~flce core,Se ~ifl the ~miu of such by ~ app~p~ate ~ Order or W~tTcn Amcfldme~L.
~ounts. uch may pu~hasc and magnin it at ~e pumhu*
~'s o~ ex,nsc. S.13. O~ u ~stee sh~l hive ~we~ zo adjust and
seine ~y loss with the ~sure~ unless one of ~e p~ics
S.10. M GO~~OR requests in w~nS ~at other interest sh~l object in ~ns ~in ~teen days ~te~ the
s~ci~ insu~flce ~ i~uded in ~e pro~fly insu~ce ~1- ~c~ence of loss m O~X's exe~ise of ~is power.
icy. O~BX sh~]. ~ ~ssible. ~clude such insu~ce. ~d such objec~ofl ~ mdc. O~X u ~szce sh~l m~c
~e cost ~e~of will be chaffed to CONT~OR by app.- ~cmcnt ~th ~e insu~ iff acco~aflce with such
p~a~e Chaflfe Order or W~,cn ~endmeflt. ~or to com- u cae p~es in interest my ruth. M~qu~d iff w~ci~f
meflcemeflt of ~e Wo~ at cbc site. OWNER sh~ iff w~iflf my pray in interest OWN E~ u ~stc~ sh~l. upon
~vise ~ONT~OR whether or not such o~c~ insu~ncc ~cu~nce o[ ~ insured loss. ~vc ~fld for ~c proper per.
hu ~cn p~cu~d by O~E~. ~o~ce of such duties.
~.] 1. J. O~R and CO~~OR w~ve ~1 ~lhu ~.]4.
· Fnsz each o~her for ~ losses and d~a~cs ~used by by or o~er pro~sions of ~e insu~nce rcqc~ed to be put-
any ~f the pe~s covered by the ~iicies of ins~nce chued and ~ncained by CO~OR in accordance
p~?ded in response [o p~phs ~.6 ~d ~.7 ~d any wi~ p~phs 5.3 ~d ~.4 on ~= bas~s of its no( complyinf
o~her prope~y iflsu~flce applicable to ~he Worh. tad ~so wi~h the Cont~ ~umcnts, ~[~ sh~J noc~y
waive ~1 such ~ghts against ~e Su~n~cto~. ENGI- ~OR in w~dfll thc~of within ten days of the date of
NEER. ENGINEER's consultants ~d ~1 o~er pa~ies delive~ of such certificates to OWNER in accordance with
named as ~nsureds in such ~iicies for losses and d~a[es p~ph 2.7. ~ CO~OR has any objection to the
so oused. As required by p~s~ph 6.11. each subcon- core,se ~o~ed by or other provisions of the poetics of
~t between CO~~OR ~d a Su~on~ctor will hsu~e ~qu~d to ~ pu~hued ~n~fled by O~ER
contain similar waiver pFovisiofls by ~e Su~on~ctor in in acco~ce with pad,phs ~.6 and ~.7 on the basis
favorofOWNER. CONT~OR. ~GINEER. ENGI- ~eir not complyinf with the Con~ct Documents. CON-
NEER's cofls~ ~ ~ ~er p~ies ~d u ~su~ds. T~OR sh~l notEy O~ER in w~tiflg thereof within ten
~one of thc above w~vefl shall extend co the ~ghts that days of the date cf dclivc~ of such ccn~ficates to CON-
any of thc insured p~es ~y have to ~e pr~eeds of ~OR in acco~ce with p~ph 2.7. O~ER ~d
~flsu~ce held by O~ER u trustee or othc~isc p~y- CO~~OR sh~ each provide to ~e o~er such addi-
able under any ~licy so issued, don~ info~ation in respect of ~nsu~ncc provided by each
u the other may ~asonably request. F~lurc by OWNER or
5.11.2. OWNER Grid CONT~OR intend that any CO~~OR to ~ve a~y such flo~c~ of objection ~thin
policies provided iff rcs~nse to p~phs 5.6 and 5.7 ~e ~me provided sh~l constitute ac=cptaflcc o~ suc~ insur-
shall protec~ all of the p~ies insured and provide p~ma~ ante purchased by ~e otAe~ ~ complying with thc Contact
cove~&e for all losses and damages caused by ~e ~ls ~uments.
covered ~ereby. Accordingly. afl such ~licies shall con-
rain provisions to the effect that in the event of payment
of any goss or damage the insurer will have no Hghts of P~ ~~~
rccove~ a&aiflst any o~ the panics named as insu~ds or ~.~5. M- OWNER finds it neces~ to ~cupy or use a
additional msurcds, and if the insure~ require sepa~te ~ion or ~fliofls o~ the Work prior to Substaflti~ Comple-
waiver fo~s to be signed by ENGINEER or E~GI- tion of ~1 thc Work. such use or ~:up~cy may bc accom.
NEBO's consultant OWNER will obtain thc s~c. and if plashed in accordance with p~ph la. 10: provided thai no
such use or occupancy shall commence hefort thc insurers 6.$. All mater~ls and equipment shall be of good quality
providing thc properly insurance have acknowledged nolJce arid new. except as otherwise provided in ~hc Contract Doc-
thereof·nd in writing effected the. changes in coverage neces- uments. If required by ENGINEER, CONTR.ACTOR shall
sit·ted thereby, The insu~n providinl Gte prope~y insur- furnish satisfactory evidence (including reports or' required
ange shall consent by cndmlcment on Gte policy or policies, · tests) as to thc kind and quality of materials and equipment.
but thc property insurang~ shall not bc cancelled or lapse on All materials and equipment shall be applied, installed, con-
account of any such pal"rial use or occupancy, nected, erected, used, cleaned and conditioned in accordance
with d~¢ instructions of the applicable Supplier except as
other~vise provided in the Co·teac! Documents= but no pro-
vision of any such instructions will be elTectivc to assign to
ARTICI=E &-CONTRACTOR'S RESPONSIBI/,fT~I:S ENGI]dEER, or any of ENGINEER's consult·its, agents or
employees, any duty or authority to supervise or direct the
furnishing or perform·ncc of the Work er·ny duty or author-
$~penOiem ~t~S~l~ria~nce: ity to undertake responsibility contt'a;y ;o the provisions of
6. I. CONTRACTOR shah supervise and direct the Work paragraph 9. I$ or 9.16.
competently and c~cicntly, devoting such attention thereto
and applying such skills and expertise as may he necessary
to pg.-form the Work in accord·ncc with the Contract Doc- ,4d,/maf~/'ret·ets S¢/,c4fu/z:
umcnts. CONTIL4,CTOR shall be solely responsible for thc 6.6. CONTRACTOR shall submit to ENGINEER for
moans, methods, techniques, sequences and procedures of acceptance {to thc extent indicated in par·graph 2.9) adjust-
construction, but CONTRACTOR shall not be responsible mc·ts in the prolrass schedule to reflect the impact thereon
for thc n¢lligence of others in the design or selection of a 6t' new developments; these will conform generally to the
specific means, method, technique, sequence or procedure progress schedule then in effect and additionally will comply
of construction which is indicated in and required by the with any provisions of the General Requirements applicable
Contract Documents. CONTR,4LCTOR sha~ be' responsible thereto.
to see that the finished Work complies accurately with the
Contract Documents.
6.2. CONTP, ACTOR shall keep on the Work at all times 6.7.1. Whenever materials or equipment are specified
during its progress · competent resident superintendent, who or described in the Conu'nct Documents by using the name
shall not be replaced without written notice to OWNER and of a proprietary item or the name of a pa~ticulm' Supplier
ENGINEER except under extraordinary circu, mstances. The the na~ning of the item is intended to establish the type,
superintendent will bc CONTRACTOR's representative at function ·nd quality required. Unless the name is followed
the site and shill have authority to act on behalf of CON- by words indicating that no substitution is permitted,
TRACTOR. All communications ~iven to the superintendent materials or equipment of other Suppliers may be accepted
shall be as binding as if f, iven to CONTRACTOR.
- by ENGINEER if sufficient information is submitted by
CONTRACTOR to allow ENGINEER to determine that
L~o~, ~oz~H4zZs emf £~/ull~menz: thc material or equipment proposed is equivalent or equal
to that named. The procedure for review by ENGINEER
6.~. CONTRACTOR shall provide competent, sui~bly will include the following as supplemented in the General
qualified personnel to survey and lay out the Work and per- Requirements. Requests for review of substitute items of
form construction u required by the Conu=act Documents. material and equipment will not be accepted by ENGI-
CONTRACTOR shall at all times maintain good discipline NEER [rom anyone other than CONTRACTOR. II'CON-
and order it the site. Except in connection with the safety or TRACTOR wishes to furnish or use a substitute item or'
protection of persons or the Work or property at ~h¢ site or material or equipment, CONTRACTOR shall mike writ-
ad)acent thereto, and except as otherwise indicated in the ten application to ENGINEER for acceptance thereof.
Contract Documents, all Work at thc site shall be performed certifying that the proposed substitute will perform adc-
during regular working hours, and CONTRACTOR will not quatcly the functions and achieve the results called for by
permit overtime work or the pe~ormance of Work op Sat- the generaJ design, be simile; and of equal substance to
urday. Sunday or any legal holiday without OWNER's writ- that specified and be suited to the same use 3s that spec-
tcn consent given al'tar p~or written notice to ENGINEER. ified. The application will state that thc evaluation and
acceptance of the proposed substitute will not prejudice
6.4. Unless otherwise specified in thc Gcne~l Require- CONTRACTOR's achievement of Substantial Comple-
ments, CONTRACTOR shall furnish a~d assume full respon, tion on time, whether or not acceptance or the substitu',¢
sibiliry for all materials, equipment, labor, transportation, for usc in the Work will require a change in any of thc
construction equipment and machinery, tools, appliances, Contract Documents (or in the provisions of any other
t'uel, power, light, heat, telephone, water, sanitary facilities, direct contract with OWNER for work on the Project) to
temporm'y facilities and all other facilities and incidentals adapt Gtc design to the proposed substitute and whether
ne:ess·fy l'or the furnishing, performance, testing, SLaJ't.up or not incorporation or use of the substitut~ in connection
and completion of the Work. w~h the Work is sub.~ect to payment or'any license fcc or
14
*- Indicates paragraph <e~ed or deleted by Supplementar~ Conditions.
royalty. All variations o~thc pm~d substitute from shit OWNER and ENGINEER Ind if CONTRA~OR his
s~ci~ed will ~ identi~ed in the Ippli~tion ~d av~labla submitted I list ~r~of in accord~nc= with thc Supple.
m~inte~nce. ~r ~d top,cement ~icc will ~ indi. men~ Co~itions. OWNER's or ENGiNEER's ~cccpt.
cased. ~e ~pplication will M~ e=nt~n ~ iterated es~- nnce (either in wHtinl ~r by f~linl to m~ke w~ttan objec.
mate o[~! costs t~t will msul~ dimply or indire~y from ~an ~e~to by ~e date indicated for acceptance or objec.
acceptance 6~ such subs~tmc, ixludhl costs of ~dcsi~ sion in the biddinl d~uments or the Contact ~umcnts)
and chims of other cont~tofl ~ected by the ~sultinl of ~y such Subcont~ctor. Supplier or other ~rson or
chanfe, ~ o~ which shall ~ considc~d by ENGIN~R o~i~tion so idcntiAad may be revoked on thc buis o~
in eval~tinS the pro~d substitute. ENGINEER may ~asoniblc objection ~tcr duc investigation, in which c~se
require CONT~OR to ~ish at CONT~OR's CONT~OR s~l submit afl acceptable substitute, the
cx~nse additional data i~ut thc p~sed substitute. Contact ~ce ~11 ~ increased by the di[e~ncc in the
cost oc~ioned by such substitution znd ~ approp~ta
6.7.2. Xf~ s~cific m~s, ~, t~hniquc. ~ue~ ~le ~er ~ ~ ~ucd or WHttcfl ~endmeflt si~ed.
or pr~cdure of const~ction is indicted in or kaquired by No ~captinca by O~ER ~ ENGINEER of any suc~
the Contact ~umcnu, CO~OR may ~ish or Su~ont~cmr. Supplier or other ~rson or orEefli~tiofl
ut~ize a substitute means, meth~, sequence, technique sh~l constitute I w~ver ofany ~Kht o~O~ER or E~GI-
or p~dura of const~ction ~cep~ie to ENGINEER. NEER to ~ject d~/fc~/y~ Work.
~ CO~OR submits ~cicnt info--sion to ~low
ENGINEER to dete~ine that the substitute ~sed is ~ 6.9. CO~OR ~ ~ ~lly ~s~nsible to O~ER
cquiv~cnt to ~at i~i~t~ or ~quired by the Com~ct ~d ENGINE~ for ~ ~u and omissions o~ the Subcofl-
D~ments. ~e p~edu~ for ~v~w by ENGINEER ~cto~. Supplien ~d other ~rsons ~d o~ani~tiofls ~r-
~il~sim~tot~t ~dedin~ph6.7.1 uapplied fo~Jnl or ~ishin~ ~y o~ ~e Work under a dircc: or
by ENGINEER &nd as may ~ supplemented iff the Gert- indi~ct con~ ~ CO~OR just u CONT~C-
e~ Requirements. TOR is res~nsible For COndOR's own acts ind omis-
sions. Nothin~ in ~c Contact ~umcms shall create any
6.7.~. ENGINEER will ~ ~lowed a ~flibla time cont~cm~ ~iations~p ~twcen OWNER or ENGINEER
within which to cvai~tc ~ch p~sed substitute. ENGI- ~d any such Subcon~czor, Supplier or other pe~on or
NEER will be the sole ~udle o~ accep~bility. ~d no o~intion, nor s~ll it c~ate any oblisntion on the pa~ o~
substitute will be o~ered, inst~ied or utilized ~out OWNER or ENGINEER to pay or to sec to the payment
E~G[NEER's prior ~ttcfl Iccep~nce which will ~ eva- ~y moneys duc any such Subcont~ctor. Supplier or
dented by either a Chanlc O~cr or ~ approved Shop ~non or o~tion except as may o~c~ise be required
~wiflf. OWNER may ~qui~ CO~~OR m ~r* by ~ws ~d Re~l~tions.
nish it CO~OR's expense a spaci~ ~Ko~nce
~a~tee or other sudsy wi~ rcs~ct to any substitute. 6.10. ~e divisions ~d sections o~ ~c S~cificitions ~nd
ENG]NEER will ~co~ time ~qui~d by ENGINEER thc idc~tiA~tiofls of ~y D~winfs sh~ not control CON-
l~ ENGINEER's cons~unu in e~u~tins substitutions T~OR in dividinf thc Work ~ons Subcont~c~ors or
pro~sed by CON~OR and in makinf chan~es in Supplie~ or de,neighS the Work to be ~o~ed by
the Contact Doc~ents ~c~iofl~ ~e~by. Whether or s~cific ~e.
not ENGINEER accepts n pm~sed subs~tute, CON-
T~OR shall ~imbu~e O~E~ for ~e chics ~ 6.1 I. ~l Work ~o~ed for CO~OR ~y ~ Su~
ENGINEER ~nd ENGiNEER's consui~n~ for avaunt- cont~ctor will ~ p~u~t to ~n ~pprop~e ~reement
lng each p~sed substitute, between CON~OR ~d the Subcont~ctor which spe-
ci~ly binds ~a Subcont~ctor to ~e applicable te~s ~nd
conditions of ~e Contact D~uments for ~e ~ene~t of
Concem~g Subca~a~o~, ~uppi~ ~d 0~: OWNER ~d ENGINEER and can~ns w~ver provisions
6.8.1. CON~OR sh~l not employ ~y Subcon- 'as requi~d by p~ph 5.11. CO~OR sh~! pay
~ctor. Suppiierorother~noro~ani~tion(includin~ each Subcon~ctor a just sh~ of ~y ins~nce moneys
~ose acceptable to O~ ~d ENGINEER u indi- ~ceived by CON~OR on ~ccount of losses under ~i-
cased in P~I~Ph 6.8.2), whether init~ly or as a substi- icies iuued pu~u~t to p~phs 5.6 ~d 5.7.
rote. ~nst whom O~ER or ENGINEER may h~ve
~nable objection. CON~OR sh~ not ~ ~qu~d
to e~ploy any Subcon~ctor. Supplier or other pe~on or ~at Fees ~ ~ey~e~:
o~aniMtionto fumishor~o~yoftheWork a~nst 6.12. CO~OR sh~l pay ~1 license fees and roy-
whom COHT~OR h~ reasonable objection. ~ties ~d assume ~I costs incident to the use in the pe~or-
6.8.2. ]f the Supplemen~ Conditions ~quire the manta of ~e Work or ~e inco~o~tion in ~e Work of any
identity ofcenain Subcom~cto~, Suppiien or other per- invention, desto, p~ess, pr~uct or de,ce which is the
sons or o~ani~tions (includin~ those who ue to furnish subject of patent Hghts or copy~ts hel~ by other, ff a
~e p~ncip~ items of mater, s and equipment) to be su~ p~icul~ ~nvention, design, pr~ess, p~uct or device is
misted to OWNER in advance of the specified date p~or speciRed in the Contract Documents for use in the pe~or-
to the Effective Date of the A~reement for ~ccep~ance by mancc of ~e Work ~d if to the actu~ know'ledge of OW~ ER
15
*- Indicates paragraph alterecl or ~eleted by Supplementary Conditions.
or ENGINEER its use is subject to patent rights or cbpyriihu place of the Project which are applicable during the perfor.
cafli~/'or ~c p4ymcnc o~any Ii.nsc ~ee or royl~ to ochcrs, make of thc Wor~.
fhe ~t~e ~such ~ sh~ ~ di~ by OWN~X ~
di~cdy ~ i~y em~ by ~ ot ~em r~ ~ 6.16. CO~~R J~ c~ ~s~cd~
~nsc dl ~. ~S~. Iosm ~ :x~m fi~ meat, ~e ~o~ of matc~s ~d equipmem ~d ~e o~r-
attorneys' fees ~d coufl ~d ~i~tion costs) ~8 ~ ~ I~ns of wo~c~ to thc ~jcct site ~d ~d ~d ~zs idea-
afly ~fl~flf o~ ~tcflt ~fhts ~ ~~ i~t to dfl~ in ~d ~itted by ~e Con~t ~uments ~d other
~e ~ h ~e ~ffo~ce of the Wo~ ~ ms~ ~m ~e had ~d m ~i~cd by ~ws ~nd Relations. ~Shts*
~co~mt~ in ~e Wo~ o~&ny invcn~n, d~si~, ~ess, of. way, ~iu ~d ~ements, ~ s~l not unr~o~bly
F~uct ~ devoe ~t s~ci~ in t~ Con~ ~m~u, en~mb~ ~c p~mises ~d~ cons~ction equipment or other
~d sh~l def~ ~ such ~ms ~ ~flnecdon wi~ ~y ~ieS~ ~t~s ~ e~t. CO~~ sh~ assume
inffin~meflt of such fi~ts. ~n~ry f~ ~y ~e ~ ~y ~ ~ or ~n. or
~e o~cr or ~cu~t ~c~of or of ny ~d or ~ contig-
uous ~e~to. ~s~tiflf from ~e ~o~l~e of ~hc Work.
Pt~: Should ~y ~ ~ mdc q~fllt 0~ OF
~ 643. Unless o~e~se p~vid~ ~ t~ Supplemcma~ by any such own~ or o~upant bemuse of thc pe~o~cc
Condition, CO~OR sba1 ob~n ~d ~y For ~1 con* of me Wo~, CO~OR sh~ promptly attcmp~ m sctdc
st~/~ ~/ts ~ licen~s. O~R s~ usist CON* ~th su~ o~r ~y by ~ecment or othe~se resolve the
~O~, when ne~. in ob~ninf su~ ~u a~ c~ by ~~ ~ ~ law. CO~OR sh~l. m thc
iic~s~. CO~~O~ sh~l pay Mi Sovcmmen~ ch~es ~est extent ~ued by ~ws ~d ~csuiatiofls. indemn~y
~ hs~ fe~ n~s~ f~ ~e pm~d~ of ~c W~, ~ ~ O~ER ~ ENG~EER ~s ~m ~d
which ~e appli~b]e at the t~ o~o~fling ~B~s, ~ ~the~ ~! cl~, ~, losses and ex~es (includ~L but not
~ no Bids on the Effe~ive Date of ~e A~ment. CON- limited to, fees of cn~nee~, ~hitects, attorneys ~d Other
T~OR sh~l ~y ~i cha~es of utility owne~ f~ con* pmfession~s and coufl ~d ~bit~tion costs) ~sinl directly,
necfions to ~e Wo~. a~ OWNER sh~ pay ~ c~u of indi~ctiy or consequenti~ly out of any action, le~ oF equi-
such utility owne~ for ~pit~ costs ~iated ~e~to such u table, broujht by thy such other ~y apinst OWN~ or
plint investment fees. ENGINEER to the extent based off a claim ~sinj out o~
COndOR's pe~o~iflcc of the Wo~.
~w~ and Rq~o~: 6.17. D~flg the pro. ss of the Wo~, CONT~OR
6.14.1. CON~OR sh~l ~ve ~1 hOfiUs and sh~! keep ~e p~mises flee from accumulations of waste
cgmpfy with aH ~ws and Rc~ladons ~pii~bie to fut- mate~s, rubbish and other dcb~s resu~tMf f~m the Work.
nis~flf ~d perforate of ~ Wo~. ~ce~ where nth- At the completion of the Work CONT~OR sh~
- e~se expressly required by &ppli~ble ~ws and Re~- ~1 waste matefi~s, ~bbish znd debm from and about the
lotions, neither OWNER not ENGINEER sh~! be ~s~n- premises ns well as ~1 tools, appliances, const~ctiofl equi~
sibic foe monito~nj CON~OR's co~ii~ce wj~ meat and machine~, and su~ius ~te~s, and sh~l luvc
any ~ws ot Re.lotions. ~e site clean and ready For occup~cy by O~ER. CON-
~OR sh~l restore to o~lifl~ condition all prope~y not
6.14.2. if CON~OR obse~es ~at the S~cM- desi~at~ ~or ~tcmtiofl by the Contract ~cumcflts.
~lions or D~flgs arc at v~ance with any ~ws or
Regulations. CO~OR sh~ ~ve ENGINEER 6.18. CON~OR shall not load nor pe~it any
prompt w~tten fl~ice thereof, and My ~ss~ ching~ ofany st~cture [o be loaded in any manner that will endanger
will be autho~zed by one of the moth.s indicted in the st~clu~, nor sh~J CONT~OR subject any p~
pam~ph 3.4. ~ CON~OR ~o~s ~y Work the Work or adjacent property to.s~esses or pressures that
knowing or havin[ ~ason to know that it is con~ to will endanser it.
such ~ws or Re.lotions. and withou( such notice to
ENGINEER. CONT~CTOR sh~l be~ all costs ~sinf
therefrom; however, it shall not be CONT~OR's p~- Record Documeflu:
ma~ respoflsJbilhy zo make ccnzifl chic thc Specifications 6. fg. CONT~OR shall m~nt~n in a safe place
and Drawings arc in accordance with such ~ws and
Rciulations. thc site one record copy of ail Drawings, Spccifi~tions,
Addenda. W~cn Amendments, Change Orders. Work
Directive Changes. Field Orders and written info.rotations
T~es: and cta~fic~ciofls (issued pu~uanr ~o pam~ph 9.4~ in good
order and anno~ted to show all chanfes made du~n~ con-
6.1S. CONT~OR shali pay ~! salts, consumer, use st~cfiofl. ~cse record documents toscther wi~h all approved
and o~her simil~ taxes required to be paid by CONTAC- s~mpl~s and & countc~a~ of all approved Shop Dmwinfs
TOR ~n ~ccordancc with the ~ws and Regulations of the wirl be available to ENGINEER for reference. Upon cora-
l6
pict·on of the Work. these record doc~lments, simples and
Shop Drewinis will be delivered to ENGINEF. R for OWNER. 6.Z2. In cmerleneies ·ff.-craig the safety or protection ot
~=' persons or the Work or proper'fy at the site or ~djacent t.hereco.
'~ CO~(r'~.~R. without special instruction or authorization
Sdl/'¢rj, dmaf Pm~eL"~n: from ENC}ZNEERor OWNF, R, is obi·laced to ·ct to prevent
threatened dimly, injury or loss. CONTRACTOR shall give
~ 6.20. CONTRacTOR sh~l be respons~ie for initJatinl, ENGINEER prompt written notice ~I'CON'TR.ACTOR bctieves
'/ maintiininl and supervisinl aJI iaf.~ty precautions and pro- that any silni/icant changes in the Work or variations from
~"ams in connection with the Work. CONTRACTOR f~t·ll the Contract Documents hive bec· caused thereby, lt.ENGI-
,,, take I/I necessary precautions L'or thc safety o~', and shill NEER determines that · change in thc Contact Documents
'I provide the necessary protection to prevent damage, injury is required tmceuse ot. the ·ct·on taJcen in response to an
or loss to: emergency, · Work Directive C.l~ange or Change Order will
be issued to document the consequences of the changes or
-=' 6.20.1. ,,ii employees on the Work Ind other persons var·it·oas.
'~ smd orzanizztions who may be MTected thereby:
6.20.2. Ill the Work and miter·als and equipment to SAep Dmy, infJ ~
'- · bc incorporated therein, whether in stor~c on er off the 6.23. After check·il and ver'~fying aJl f~eld measurements
site: and and after cornplyin~ with ippZicable procedures specified in
the General R~quirements, CONTRACTOR shall submit to
,., 6.20.3. other property it the site or Idj·cent thereto, ENGINEER for review and approvsZ in accordance with the
= ~ includin[ trees, shrubs, lawns, walks, pavements, road- Iccepted schedule oK Shop Drawing submissions (see pars.
ways, structures, utilities and Undezlzound ]:ac·lit·es not [raph 2.9}, or for other appropriate ·ct·on ~' so indicated in
designated for removaJ, relocation o~- replacement in the
thc Suppicmcntu? Conditions, five copies (unless othe~vis'e
~- ~, course of construction, specified in the General Requirements) ot.tll Shop D~win&s,
which w~il be~ i stamp or specific w~tten indication that
CONTRACTOR shill comply with aJI ·pplicebic Laws and CONTIt~CTOR has satisfied CON'TRAC'TOR's responsi-
Regulitions of ·ny public body having jurisdiction for the hal·ties under the Contract Documents with respect to the
' sifety of Persons or property or to protect them from dam·Se, review of thc submission. All submissions will be identified
injury or loss: ·nd shah erect and miintiin ill necessary as ENGINEER my require. The d·t~ shown on the Shop
Sil'e~uLrdS for such safety and protection. CONTRACTOR Drawings will be complete with respect to quantities, dime·-
,., shill notify owners ofedjicent property and of Undezlzound sions, specified performince and design cz'iteria, materials
Facilities and utility owners when prosecution of the Work and sim·hr dlti to enable ENGINEER to review the'··for-
may aJTe¢~ them, and shah cooperite with them in the pro- mit·on a~ requ~ed.
tection,' removal, relocation and rephcement of their prop-
,=- crty.-Ail d·mile, injury or loss to any property refer?~d to 6.24. CONTRACTOR sh~ll also submit to ENGINEER
in pa~g~ph 6.20.2 or 6.20.3 caused, directly or indirectly, for review and approval with such promptness as to cause
in whole or in part. by CONTRACTOR, any Subcontractor, no delay in 'A'ork, il~ samples required by ~e Coz~trzct Doc-
Supplier or any other person or orpnization directly or indi- uments. All samples will have been checked 'by and accom-
recfly em. pioyed by any of them to perform or furnish any of pan·ed by · specific written indication that CONTRACTOR
the Work or anyone for whose acts anY O/~them may beliable, his sit·stied CONTRaCTOR's responsibilities uncler the
sh~Jl be remedied by CONTRACTOR (except damage or loss Contact Documents with respect to the review of the sub-
atr~butzble co the fault of Drawings or Specifications or to mission and will be identified clearly ns to mater·nJ. Supplier,
the acts or omissions of OWNER or ENGINEER or anyone pertinent dltl such is cat·log numbers and ~e use for which
employed by either of them or anyone for whose acts either intended.
of them may be liable, and not Ittn'outible, directly or indi-
rectly, in whole or in pa~t, to the fault or nelligence of CON- 6?..fl. !. Before submission Qt' each Shop ]~'zwini or
TRACTOR}. CONTRACTOR's duties and responsibilities sample CONTRACTOR sha~l have determined and yeti-
for the s~fecy and protection of the Work shall continue until fled aJI quantities, dimensions, si~ci~ed performance cra-
such time as ~11 the Work is completed and ENGINEER h~s reran, inst~tLl-~tion requirements, mater'iaJs, cat,Jog hum-
issued a notice to OWNER and CONTRACTOR in accord- hers and sim·la; d~ta with respect ~creto z. ncl reviewed
· ante with pa;zf,~ph 14.13 that the Work is ·ccept-~ble (except or coordinated each Shop l~=awing or ~mple w~zh other
as otherwise expressly provided in connection with Substan- Shop Drawings and samples and with r~e requirements of
ti~l Completion). the Work and t~e Co·cz=act Documents.
6.21. CONTRACTOR shall designate a responsible rep- 6.?.5.2. At the ~me of each submission, CONTRAC-
r~sentative at the site whose duty shIll be the prevention ot' TOR sh~l ~ve ENGINEER specific written notice o~'each
accidents. This person shzJI be CONTRACTOR's superin- variation that the Shop Drawings or s~mp[es may have
; re·dent unless otherwise designated in writ·ii by CON- t'rom the requirements of the Contract ~)ocuments,
TRACTOR to OWNER. in addition, sh~ll cause a specific notatJon to be made on
I7
~cl~ Shop D~win; submitted to ENG[NEER for review provided that any such claim, damage, loss or exp~nse I~) is
~nd ~pp~v~l or each such ~tion. ~tz~butzbl~ to ~ily inju~, sit,nest, disease or da~th.
i~u~ to or dast~ction o~ t~n~ible pro~z~y (other than the
6.2~ ENGINEER w~ ~ ~d ~mvc ~th ~n- Wo~ itscl~ incl~i~ the loss o~use ~sultinl thcrc~rom
ible pmmpme~ S~ ~ ~ ~. bm ENGi- ~) is ~ in w~l~ or in ~fl by any negligcm act or
NE~R's ~vi~ a~ Ipp~ ~ ~ ~ly for c~o~nce omission of CO~~OK. any Subcont~ctor. any
~[h ~e desi~ c~ ~ ~ ~t and ~or ~Mn~ aro~fli~i~di~ctly~i~J~cfl]'employcd
wi~ ~e i~fo~n ~ve~ ia ~e ~n~ ~u ~d to ~ffo~ or furnish any of the Wo~ or anyone for whose
sh~l not extend lo mMns. me~s. techniques, sequences acts any of them may ~ i~ble, reg~dless of whcthcr or
or ~edu~s o/c~c~io~ (ex~ept w~ a ~cJ~ me~s. Jz is uu~d in ~ by J ~y indemnified hereunder or a~ses
meth~, technique, sequence or p~d~ o~ eonst~ction is by or is amused by ~w and Regulations relardless o~
indicted in ~e Comet ~uments) to negligence of such
or
required
by
or
pray.
s~ety ~nut~ns or p~s in, dent ~e~to. ~e review
~d ippm~ ~ ~ sep~te ~em u ~ch ~ll ilo( ifldicitc 6.3r. Zfl any Ifld ~! el,ira, ,~ifls[ OWNER or ~NGr-
appmv~ ot thl asscmbJy iff which ~e item functions. CON* NEER oF any of their co,ultras, alems or employees
T~R sb~f make co~ectious mqui~d by ENGINEER. any cmpioy~ of CONT~Og. any Subcom~ctor. any
and ~1 r~mm ~he reeuired numar ~ ~ec~ed eons oE ~on or or~ni=~n direcfly or indire:~ly empioyed by ~ny
Shop ~winls ~d sub,s ~ mqu~ ~w ~ples for review of them to ~ffo~ or furnish any of the Work or anyone for
and appmvG. CONT~OR ~! dirac~ s~fic attention whose acts any of ~am m~y be liable, the indemnification
in ~inl to revisions oth~ th~ the co,actions c~led for ob~tion undor ~m~ph 6.30 sh~l not be limited in any
by ~GINEER off previous sub~s. ~ly by thy limimtion on the imount or ty~ o~
com'pen~tion or ~nefiu payable by or for CONTRA~OR
6.~. ENGINEER's ~view n~ appmv~ of Shop D~w. or any such Su~on~ctor or other ~on or or~ani~tion
~flfs ~ ~m~s ~hfH n~ m}ie~ CON~OR ~m under wo~' or ~men's compensation acts.
res~nsibility for any v~a~on fr~ ~ ~q~n~ ~ tb~ benefit ac~ or oth~ ~loyee ben~fi~ ~cts.
Contact D~uments unless CON~OR has in w~ting
c~]~d ~G]NEGR's anentJon 1o e~b such va~alion az th~ 6.32. ~ obl~pt~ons of CONT~OR under pa,-
time o~ sub~ssion u ~qu~d by ~ph 6.~.2 ~nd ~ph 6.30 sh~l not exmnd to the linbility o~ ENGtNEER.
ENGINEER hns liven ~tten approv~ of qch such v~ ENGINEER's consultants, ngents or employees ~sing out
tJon by · spec~6c ~tten no~tion ~e~eof inco~ted in or of the prcp~tion or ~ppmv~ of mnps. d~wings, opinions.
accomp~nyint the 5h~ ~nl or ~pie ~ppmv~: nor ~s. su~eys, Chnnje ~. dcs~s or spec~otions.
will any approv~ by ENGINE~ relieve CONT~OR
~rom ~s~ns~i~i~ ~or ~o~ or omissions in the Sh~ D~w.
infs ~ from ~s~nsibJlity for having c~d w~ the ~ ARTICLE 7~THER WORK
visions of pa~ph 6.~. 1.
6.2~. ~ere a Sho~ D~winl or ~mple is ~qu~ed by the R~ ~o~ ~
Specifications. any related Work peffo~ed p~or to ENG[- 7.1. O~ERmaypeffo~o~herworkre~atedto~he~oj.
NEER's review ~nd ~pprovnl of the pe~inent submission will ecs ~t the site by OWnER's own forces, h~ve other work
be the so~e expense ~nd res~ns~bility of CO~OR. ~ffo~ by u~ity o~e~ or le~ other discs cont~c~ therefor
which sh~ contain Gene~ Conditions simil~ to mesa.
Confinuin~ th~ ~rk: the ~ict that such other work is to be pe~omed was no( note~
in the Coat, et D~uments. w~tten notice thereo~ will be
6.~9. COH~OR ~ ~ ~ z~e Wo~ a~ adhe~ liven to CO~~OR p~or to st~ing lay such
to the pro~ess schedule du~nl~l disputes or disa~ements work~ ~. ~ CONTRA~OR believes ~at suc~
with OWN ER. No Work sh~l ~ delayed or postponed pend- mince w~ll involve ~dditionnl expense to CONT~OR or
in~ resolution o~ ~ny disputes or dJsa~eements, except u requires addition~ time ~nd t~e p&~ies are unable to ~lree
~J~3ed ~y pa~-ap~ ~.~ or ~s CONTRA~OR and as to the extent th~reo~. CONT~OR m~y m~ke a claim
OWNER may ot~ise i~ce [n w~tinl, therefor as provided ~n A~icles [1 lad 12.
Indemmficmion: 7.2. CON~OR shall ~ord each utility owner and
' ot~er contractor who is a pa~y to such a direct cont~ct (or
6.30. To the fullest extent pe~itted by ~ws and Ee~- OWNER. ff O~ER is peffo~ing the addit~on~ work with
lations CONTRACTOR shall indemnify and hold ha~lcss OWNER's employees} proper and s~a access to the site and
OWNER and ENGINEER and thor consui~ms, agems and a reasonable opponumty for l~e intr~uc[~on and szonge
employees from and against all claims, damages, losses and matefi~s and eqcipment and ~he execution of such work. and
expenses, direct, indirect or consequential (including but not shall properly connect and coordinate the Work with theirs.
l~itcd ~o fees and charges ofcn~{negrs. ~chitects. atto~eys CONTRA~OR sh~ll do ~!i cutting, fitting and patchin~
and other Pro~essJona~s and cou~ ~ ~i~ration costsJ ads- the Work ~hat may be ~quired to make ~s scvc~l pa~s come
lng out o~ or rcsultin~ ~rom the performance of the Work. tole~hgr properly an~ imc~tg with such other work. CO~-
]8
** Indica=es Daragraph al=ered or dele~ ~y ~pl~n=~
or alter their work wi~h thc w~ttcn conscnl o~ ENGINEER
znd the tubers whose work will ~ ~ec~ed. The duties and 8.3. OWNer's rcspoflsibiiidcs iff rcspccz o~
responsibilities o~ GONT~OR under this pamS~ph ~c 8nd main~iniflS liability and propc~y insurance arc sec
for thc benefit o~ such utility owne~ ~d other contractors in para, phs ~.~ ~rou~h S.S.
co the cxzcnz that there arc compa~ble proyJsJofls for thc
benefi~ of CONT~OR in hid direct commcts between 8,6. O~ER is obligated to cxc:utc Ch~n~c Or~=~
OWNE~ and such utility ownefl and other commcmm, indicated iff P~imph 10.4.
7.3. l~ zfly pt~ o~CONTRA~OR's Wo~ depends ~or 8.9. OWNER's responsibility in rcsp~:z of c:r[zin
proper execution or results upon the work GE any such other inspectians, tests &nd approves is set fo~h in p~aimph I ].4.
contrzctor or utility owner (or OWNER), CO~OR
sh~ll inspect and promptly ~ to ENGINEER in w~cifll 8.8. In connection with O~ER's ~tht to stop Work or
any delays, derecis or deficiencies in such work iha~ render suspend Work, se~ pnmlmphs 13.10~d !~.1. Pamirapk
i~ unnvnii~ble unsuitable for such execution ~nd deals wizh OWNER's ~h~ to ~e~inal~ so.ices o[ CON-
or
proper
results. ~ON~O~'s hilure so m repofl ~II constitute TRA~OR under cc~n circums~lflces.
In nccep~nnc~ oE ~he o~er work ~ fii and proper ~or imefm*
lion wi~h CONT~OR's Work except for la,em or non*
Ipplrcm dc~cc~s and deficiencies iff cbc o~her work. ARTICLE ~KNGINE~R'S STATUS DURING
CONS~U~ION
** 7.4. If OWN~X comm~ with othe~ for ~e ~Wor- Owa~W~
mince of other work on thc ~oject at the site, the ~rson or 9.1. ~NGINEER will be O~E~'s representative d~r-
orglnintion who will We ~ofity and responsibility for ins the coflst~ction ~fi~. ~c duties and rcsponsib~ihies
coordination o~ the activities amonl the vinous p~me con- ~d thc limi~tions of~utho~tyoEE~Ol~EER as OWnER's
t~ctors will be iden~fled in ~e Supplementa~ Conditions. representative du~nE const~ction ~c set fo~h in the Con-
and thc spc:~fic mattem to be covere~ by such lutho~ty and ~ct ~cuments znd sh~ not be extended without written
responsibility will be itemized. ~d ~e extent o/such aurar- consent of OWNER and
ity and r~sponsibilities will be provided, in the Supplementa~
Condhions, Unless othc~sc provided in the Su~plement~
Co~ditiofls, neither OWNER nor ENGINEER sh~l have any ~bi~ re
~utho~ty or rcsp~sib{lity in respect o~ such coordin&tion. 9.2. ENGINEER will mnke visits to the site ~t intc~als
** 7. ~ ~~ ~o~ approp~lte to the v~ous st~i:s o~ const~cdon to obsc~e
the pro~css ~n~ quality of the executed Work and :o deter-
mine, in SerieS, ~ ~e Work is proce:dinl in ~ccord~ncc
ARTICLE ~OWNER'S RESPONSIBILITIES ~th ~e Con.ct Documents. ENGINEER w~ not b~ rcqu~ed
tO ~* e~austive or conOnuous on-site ~s~coons to check
g.1. OWNER shall issue ~1 communications to CON- the qu~ity or quantity or the Work. ENGINEER's effo~s
T~OR through ENGINEER. will be d~ted tow~ pmvidinl for O~ER a ~ater de~ree,
or ;on~denee ~at the ;omplezed Work will confo~ ~o the
8.Z. In c~se of tc~ination of the employment o~ ENGI- Contact D~umcnts. On ~c ~asis of such visits and on-site
NE~R. OWNER s~ll nppoim ~n en~neer ni~inst whom obse~ntions ~s an expe~enccd ~nd qu~ified design proFes.
CONTRA~OR makes'no reasonable objection, whose sen- sion~. E~GI~EER will keep OWNER inFo.ed o~the pro~.
ms under thc Con.ct D~ments sh~l be ~t o~ the foyer ross of ~e Work and will endenvor to luard OWNER against
E~GI~EER. Any dispute {n connection with such appoint- de~ects ~nd deficiencies in thc Work.
merit sh~l ~c subject to ~itmtion.
8.3 O~ER shall furnish thc ~a:a required orOWNER
un,er t~e Con~u Docu~nts pro~pdy and s~l ~ak~ pay- ,~ 9.~. ~ OWneR and ~G~R a~re~. ~NG~ER
mt~ts to COaTi,OR pro~pdy ~er t~ey ~= due as will fu~ish a Resident ~o~ct R~pr~cn~adve to assis~
pcov~:d ~n ~phs N.4 and ~. ~. E~G~E~R in obse~ing the pe~o~ance or,he Wor~. The
dude~, respondbi~hies and li~i~tions o[ au~ho~y ~ any
8.4. O~R's dudes ~n respe:~ o~ providin~ lands and such R~idem ~o~c~ Representative and ~sismms will be
e~s~me~ts and providin~ en~inee~n~ su~eys to establish as provided in ~he Supplem~n~ Co,didoes. ~f OWNER
re[~renct poims are set [o~h in p~a~phs 4.~ and 4.a. P~- desigr, a~s another a~n~ to ~presen~ O~R at ~he
~h ~.2 refers to OWneR's idend~yin~ and ma~ng avail, w~ ~s n~ ~G~E~R's agen~ or e~ployee, t~e dud~s.
able :o CO~TRA~OR copies of repons o~txplo~io~s and respons~b~Fties ~d limitations of autho~ty of such o~her
~ts:s ~ subs:r;ac~ condh~ons at ~h~ sh~ and in e~sHng s~c- person w~l be as provided in ~h~ Suppl~n~a~
9.~. ~NGINE~R ~il] issue with r~zsonabl~ promptness such a d~cision.
such ~[~fl cliff,ions or inte~tion~ of ~he require.
m~nts of th~ Cont~t ~um~nts fin ~ fo~ of ~wings ~g~ ~n
or o~c~u) u ~G~R my dcte~ ~s~, which
~ ~ consistent ~ ~ ~bly ~fcnblc from ~ 9.]~. GNGIN~R ~al ~ ~e initi~ intc~tc~ of thc
ovc~ intent of ~c ~n~ ~meflts. IfCO~OR ~qui~mcnts of ~ Con,ct ~cumcnts ~d jud;c of thc
~licvcs ~t ~ ~aa c~tJon or intc~tionjusti~as mcccp~ility of ~ Work ~crcundcr. Claims. disputes ~nd
· n inc~c in ~c ~nt~ct ~ca or ~ ~xtansion of th~ other malta~ ral~tin~ to ~ba zccc~abili:y of ~he Work or ~c
Contact ~m¢ and ~e prates ~ unable to a~a~ to ~a ima~r~donof~e ~qui~mcnts of:he Contact D~umcnts
~oum or cxtcnc ~c~of, CON~OR ~y mike a claim pc~ninl to ~c ~ffo~c: and ~mis~,; o~ ~c Work
therefor u prodded in ~iclc I I or Article I~ claims under Articles I l and 12 in respa:: of chan~cs i~ ~h:
Concoct ~cc or Contact Tim~ wiil ~ r:~c~ed Jni~ilHy
~GINEER in ~tinl with ~ request for z fo~
Au~o~d V~~ Wor~' .ccord~ce with this p~ph, which ENGINEER will
9.5. ENGXN~R may autho~ze minor vacations in thc d~: .s ~tins within a reasonable dmz. W~ttcn notice
Work ~m ~e mqu~mcnu of~e Con~cc ~uments which c,:h such cl~m, dispute and o(her matter will bc dcii~
do not involv~ an ~djustm~nt in the Contact ~cc or the by ~ client to ENGINEER ~d thc other pa~y ~o the
Con,mci Time and =g consistent wi~ the overall intent of Alrgemem ~mpdy ~ut in no event la::r than thJ~y days)
th= Concoct Documents. ~esa may ~ accomplished by a ~ccr thc occu~ance of thc event givini ~s= thereto, and
'Field O~cr and wW be bindinl on OWNE~ and. ~so on written sup~nl data wSl be submmcd to ENGINEER and
CON~OR who sh~l p~o~ the Wo~ ~voived t~e ot~e~ p~y within sixty days ~r suc~ oc~u~ence unless
promptly. ~ CO~OR ~iieves ~at a ~Jeld Order ~GINEER ~lo~ ~ additio~ p¢~ o~ dm~ m
justi6es ~n in~ense in the Con.ct ~e or ~n extension of more actuate dn~ Jn suppo~ oE the cl~m.
th~ Cont~t Time and the p~ies ~e unable to ~lr~ ~ m
~.12. ~en ~unctJoninl ~s int~reter and ju~ under
t~e amount or extent thereof, CO~OR may ~ke a
claim therefor ~s provided in A~cle 11 or ~2. p~phs g. 10 nnd g. I 1. EHGtNEER will no~ s~ow p~.
ii,lily 1o O~ER or CON~OR ~nd will not be
in ~onnectJan with any inte~remtion or decisian rendered in
~e]ec~n~ De/co, ye Wor~. good f~th in such c~pacity. ~c r=ndc~n~ of a d~cision by
9.6. ENGINeeR will have ~uthoH~ to disapprove or ~GIN~ER pu~nt to ~phs 9.10 ~d 9.1 ] ~ resp~c~
rc~ct Work which ~HG~ believes to be defective, ~nd ~o ~y such cl~m, dJspu[e or other matter (excep~ any which
will also have authority to require special inspection or testinl have been w~ved by the makin~ or acceptance of fin~ pay-
ment as provided in pa~ph 14.16) will be a condhion
of ~hc Work ~s provided in p~ph 13.9, whether, or not
thc Work is fab~otcd, ins~led or completed, prece~cnl to any exercise by O~R or CONT~OR
of such ~lhts or rcmcdias as ci[hcr may o~hc~ise have under
the Contact Documents or by ~ws or Regulations in respect
Sho~ Drawings, Chaage Orde~ ~ P~me~u: of any such c]~im, dispulc or ozher matter.
9.7 In connection with ENGINeeR's ~s~nsJbility for
Shop D~wings and samples, s~ p~B~phs 6.~ through
9.13. NeJ[her ~Ol~R's au~hodsy to ecl under Ibis
9.8. in connection with ~NGIN~R's res~nsJbilities as A~Jcla 9 or elsewhere in th~ Contact Documents nor any
[o Chan~c Order. sec A~icles 10, i I and 12. decision made by ENGINeeR in ~ood f~i[h either to exercise
or not exercise such au~ho~ty shah ~jve ~sc to any duty or
9.9. In connection wi~ ~GI~ER's responsibilities in responsibility of ~NG]N~R to CONTRA~OR. any Sub-
respect of App]i~tions for ~ym~nt, etc., sea A~icla 14. con[rector, any Supplier, or any o~hcr person or orientation
pe~o~ing any of th~ Work. or to any surety Cot any oC them.
Dete~inmian~for Un~ P~ez: 9.14. ~enever in th= Contmu Documents thc tc~s "as
· * 9.10. ENGINEER will determine the actual quantities ordered", "as dJrecied", "as required", "as allowed", "as
and classifications of Unit P6ce Work p~ffo~e~ by CON- approved" or ie~s of like effec: or impo~ are usc~, or the
T~%CTOR. ENGINEER will review wJlh CONT~CTOR adjectives "reasonable", "saimbl=", "ac::p~able", "proper"
ENGINEER's prelimina~ dete~inadons on such ma~t~rs or "satisfactory" or adjectives of like =ffg:t or impo~ ar~
before r~ndg6nl a w~ten d=cision thereon (by recommen- used to describe a r=quir=ment, direction, review or~udgm~nt
dadon of an Applic3tion for Payment or othe~ise). ~NGI- of ENGINEER as to thc Work. it is intended that such
NEER's written decisions thereon will be final and bindin~ requirement, direction, r~v[cw ar judgment will bc solely ~o
upon OWNER and CONT~OR. unless, within ~en days evaluate the Work for compliance wi~h thc Control Docu-
~ter thc dale of any such decision, either OWNER or CON- mcnis (~I~ss there is a spe:Jfic sla~em:m indicalin~ other-
T~OR delivers Io the other pa~y ~o the Agrc~men~ and wise). ~c use of any such t~rm or a~jccdvc shall no~ b~
20
"~ effective to assifn to 1==NGINI=1=R any duty or authority to 10.4.3. chartres in the Contract Price or Gonrract Time
supe~isc or direct the furnishini or porformnflce of thc Work which embody .the substance ot~ any written decision rea-
,.., or any duty or authority to undert~e responsibility contr'a~/ dered by ENGINEER pu~uant to p~ph 9.11;
--, to the provisions of paz'a~-~ph 9, I$ or 9,16. provided that, in lieu ol~ exocutin~ any such Chanle Order,
a~ appe~ my be t~ken from any such decision in accordance
9.1~. ENGIN1=ER will not be responsible for CON- with the provisions of the Contact l~x:umcnts and applicable
'"' TI~ACTOR's menns, methods, techniques, sequences or pro- ~aws and Regulations, but durin~ any such appeal CON-
- ~dures of construction, or the saJ'ety precautions and pro- TRACTOR shaJi e.a~"t'y on the Work and adhere to thc prog.
[~-ams incident thereto, and 1=NG[N1=ER will not be r~spon- ross schedule ns provided in p~ra~z"aph 6.29.
sible for CON'~'RACTOR's failure to perfor~ or furnish the
'=' _. Work in a~cordance with the Conu'act Documents. 10.$. If notice of any ehanle a.~'ectinl the generaJ scope
of the Work or the provisions of the Contract Documents
9.16. ENGINEER w~ not be responsfble for the acts or (includinl. but not limited to, Conu-~t Price or Contract
,=. omissions of CONTRACTOR or of any Subcontractor, any Time) is required by the provisions of any Bond to be given
Supplier, or of any other person or organization performing to a surety, t~e ~ivin[ of ~ny such notice will be CONTRAC-
or ~urnishin~ any of the Work. TOR's responsibility, and the amount o~'ca~h appticable Bond
will be adjusted annordin~y,
- ARTXCLE 10-CHANGES IN TIlE WORK
-=. ARTICI. E ! I.--CHANGE OF CONTRACT P~CE
10.1. Without invalid~tinl the Al~".ement and without notice
" to any surety, OWNER may, at' ~ny time or from time to ! 1.1. The Contrite Z¥ice constitutes the total compen-'
· --' time, order additions, deletions or revisions in the Work: sztion (subje~ to author~d adjustments) payable to CON-
these will be authorized by a Written Amendment, a Chnn~e TRACTOR for p~rformin~ the Work. AH duties, r~sponsibil-
~ Order, or a Work l~)irective Chanie. Upon receipt of any such isles and oblif, ntions nssi[ned to or undertaken by CON-
document. CONTRACTOR shall promptly proceed ~vith the TRACTOR shah be at his expense without chanle in the
-- Work involved which will be performed under the applicable Contract Price.
conditions oS' the Conu'zct Documents (except u othe~vise
~ specifically provided). I 1.2. The Ctmt~act Price may only be changed by a Change
Order or by a Written Amendment. Any claim for an increase
10.2. H'OWNER and CONTRACTOR a~ unable to a~e or decreue in the Contra~t Price shall be bued on written
~ as to the .extent. if any, o~' an increase or decrease in the notice delivered by the pa~ty making the cla~n to the other
Contact Price or an extension or shortening of the Contract party and to 1=NGXN1=ER promptly {but in no event later than
· =- Time that should be a~lowed u a result of a Work Directive thiz"ty days} ~ter the occurrence o1' the event h~ving r~se to
the claim and statinj the general nature of the claJm. Notice
Change, n claim may be made therefor ns provided in A.,"ticle
J 11 or A~ticle 12. of the amount of the claim with supporting data sh~ll be
delivered within sixty days ~'ter such occurrence (unless
'""' 10.3. CONTRACTOR sh~ll not be entitled to an increase ENGIN1=1=R &llows an additional period of t~me to ascert~n
mo,re accurnte data in support ot~ the claim) and sh~.li be
~ in the Contract Price or an extension of the Contract Time accompanied by claimant's written statement that the amount
with respect to any Work performed that is not r~quired by claimed cove~s ail known amounts (direct, indi~ct a~d con-
,=.. the C."~zrzct Documents as ~mended, modified and supple- sequential) to which the clain-~nt is entitled as a r~suit oS'the
mcntcd as provided in p~'z~lphs 3.4 and 3.$, except in the
~ occurrence o~' said event. All claims for adjustment in the
· c3se oS' an emergency as provided in pa,"a~'zph 6.22 nad Contract Price shall be determined by ENGINEER in actor-
except in the case oS' uncoveriz~ Work as provided in pa,""~- dance with parz~ph g. 11 if OWNER and CONTRACTOR
-=- ~ph 13.9.
cannot otherwise a~ree on the amount involved. No claim
J for an adjustment in the Contract Price wiU be vaJid if not
10.4. OWNER and CON'I'R.ACTOR sha~l execute appro- submitted in accordnnce with this pa~-,t~raph ! !.2.
priate Change Orders {or W~tten Amendments} covering:
· 1 !.~. The value oS' any Work covered by a Change Order
~ 10.4. I. changes in the Work which are ordered by or of a~y claim t'or an increase or decr~a.~e ~n t~e Contract
OWNERpur~uant to parz~,-zph 10. I,aJ'e r~quired because Price s~all be determined in one of'the follov,~rt~ ways:
,.~ oS'acceptance of #~,.~'~,~;~.t, Work under p~"zf~"zph 1~. 13 or .. - ..;. ..
corre~t~ng #~£~¢r/~ Work under ptrz~raph !~}.14, or are I1.~.i. Where the Work involved is covered by unit
a~'reed to ~y the pirties; prices contained in the Con~r'act l~x:uments, by applica-
tion ot~ unit'prices to the quantities of the items involved
10.47-. changes in the Contract Price or Contract Time (subjec~ to the provisions oS' pa.rzgraphs 11.9.1. through
which are agreecl to by the pat"ties= and ! I.~.~, inclusive).
21
11.3.2. By mutu~J acceptance of a ~ump sum (which to Ihe other provisions of the Contract Documents
mty iKl~e m Illo~KI for ovc~ud =~ profit not is Ipplicibl~.
ncces~ly in ~~ ~th ~ph i 1.6.Z. Il.
] J.4.4. Co~s o~ s~ci~ consulters (includin8 but not
11.3.3. On ~ ~ ~ ~e ~st oF the Wo~ (deter- limited to e~nec~, ~hite~s, testing ll~to~es.
mi~d u prodded in ~pbs 11.4 and I I~ plus I veyon, ~tomcys ~d Ic~untants)employcd for scwiccs
CO~OR*s FK For ov~ 8~ ~ofl[ (deter* s~JY ~lazed m ~hg
m~ u provided in ~phs I 1.6 and i I
! !.4.S. Suppl~mcn~ costs including ~hc ~oliowmg:
I 1.4.5.1. ~c p~fliofl o~ flecessa~'
~ ~f Wor~.. tine. t~vci and subsistence ex,rises of CONT~C-
! 1.4. ~ te~ C~ of ~e Work ~s t~ sum oF ~ TOR's employees incu~d in di~ha~c o~ duties con.
~sts neces~ly i~d a~ p~d by GONT~ in n~ct~ wi~ thc
the pm~r ~Ko~ o~ the Wo~. Exce~ as othc~se
~y ~ a~d to in w~dn~ by O~, such cos~ sh~l ~ ! !.4.5.2. Cost. including t~nspofl~tion and main-
in ~unts ~ higher than those prev~in8 in the I~iity of
reface, o~! ~te~s, supplies, equipment, machin.
the ~ject, sh~l include only ~e follo~ns items and shall c~, app~ces, o~ce and tcm~ ~aciiities at thc
not include ny o~the costs itemized in ~ph 11.5: ~le and had tools not owned by the workers, which
* ~ consumed in the ~o~ance of the Work. and cost
! !.4. I. h~fl c~u for ~oy~s h ~e d~ employ less ~et v~ue of such items u~d but not consumed
of CO~OR in ~e ~ffo~ cftc Wo~ under which ~ifl the pro~y of CO~~OR.
schedules o~j~ c~ssi~tions ~re~ u~n by OWNER
~d CO~O~ ~H oos~ for employees not ! 1.4,5.3. Rent,s of~l construction equipment
employed ~uO time on the Wo~ sh~ ~ ap~ioned on mlchine~ and thc p~s thc~o~ whether rented ~om
the basis of their time s~nt on ~e Work, ~oi1 costs CO~~OR or others in accordance with rent~
sh~! include, ~t not ~ li~t~ to, ~u and wqes agreements approved by O~ER with the advice
plus the cost of F~nse benefits which shM! include s~i~ ENGINEER. and the costs of~nspo~atiofl, loading.
secu~ty, cont~butions, uncmployment, exci~and ~ymll unloading, installation, dismantlin~ and removal
t~gs, worken' or workmen's com~nnti~, h~ and thereof~l iff acco~ancg with tg~s of said
retirement bencfiu, ~nuscs, sick leave, vanden ~d hol- a~ements. The rent~ of any such equipment, machifl-
iday pay appli~ble ~eroto. Such employees sh~[ include e~ or p~s sh~! cease when ~e usc the~ofis no Iofl~er
supc~mendents and foremen at the ~te. ~e expenses of neces~ For the Work.
_.~y. Sunday or le~ holi~ys, shall ~ included in the 11.~.5.4. Sales, consumer, use or simii~ taxes
a~ve to the extent authoAzed by O~ER. related to the Work. and For which CONTRA~OR
liable, im~sed by ~ws and Regulations.
I I.~.2. Cost of ~ ~t~s acd ~uipment furnished
and iflco~ted in the Wo~, including costs of ~ns- 11.4.5.5. Deposits lost For ouses other than neVi-
po~atiofl and steele ~ereof. and Su~lien' field sc~ic~ [ence cE CONT~OR, any Subcontnctor or any-
required in conngc~on therewith. ~ ~h di~unts s~l one directly or indirectly employed by any of them or
acc~e ~o CON~OR unless O~KRde~sits ~unds for whose acts any of them may be liable, and roy~ty
with CONT~OR ~ which to make payments, in payments and fees for pc~its and liccnse3.
which c~e the ~sh di~ounts sh~l ~c~o to OWNER.
All trade ~i~ounu, rebates ~d ~funds and all returns !1.d.5.6. Losses and damafes (and related
from sale o~ su~lus ~teH~s ~d equipment sh~ll acc~c ex~nses}, not compensated by insu~nce or othe~ise.
to OWNER. and CO~OR shall make provisions to the Work or othg~isc sustained by CO~T~OR
5o that they may be chinned, in connection with thc pc~o~ancc and furnishing
the Work (except losses and damages within thc
11.4.3. Payments made by CONTRA~OR to thc deductible amount~ of prope~y insurance established
5ubcom~c~ors for Work pc~o~ed by Subcomractors. by OWNER iff ac:ordaflcc with p~g~ph 5.9),
~ required by OWNER, CONT~OR shall obtain vidcd they have resulted ~rom causes other ~hafl the
competitive bids from Subcoflt~ctors acceptable to CON- negligence of CONTRA~OR. any Subcom~ctor. or
T~OR and sh~l deliver such bids to O~ER who anyonc directly or indirectly employed by any of them
wiU ~hgn dctc~ine, whh the adviceofE~OlNEER, which or ~or whose acts any o~ them may be liable. Such
bids w~tl be accepted. IF a subcontnct provides that the losses shall include settlements made with the
Su~om~ctor is to ~ paid on the basis of Cost of the consent and approval of OWNER. ~o such losses,
Work Plus a Fcc. the Subcoflt~ctor's Cost o~ the Work d~ma~es and expenses shall be included iff the Cost
s~zll be dctc~ined in the same manner as CONTAC. the Work for the pu~ose of dele~ifliflg CONT~C-
TOR's Cost of thc Work. All subcontracts sh~ll be subject TOR's Fcc. [~, however, any such loss or damage
22
requires reconstruction and CONTRXCTOR is placed COA~'R.4CTOR'z Fee:
.
in charle thereof. CONTRACTOR shall be paid (or 1 !.6. The CONTR~,CTOR's Fee allowed to CO~TR~C.
services a tee proportionate to that stated in parusrzph TOR for overhead and profit shall be determined as f.oliows:
1 !.6.2.
I 1.6. i. u mutually acceptable fixed fee: or ii' none can
11.4.$.7. The cost of utilities, fuel and sanitary
facilities at thc site. be agreed upon.
i 1.4.5.8. Minor expenses such as teles, rams, long I 1.6.2. a fee based afl the followiflf percentages of the
distance telephone calls, telephone service at the site, various portions of the Cost of the Work:
eapressafe and similar petty cash items in connection ! 1.6.2. I. for costs incurred under parq:'aphs I 1.4.:
with the Work, and ! 1.4.2, the CONTRACTOR's Fee sh~l] be fifteen
! 1.4.5.9. Cost of premiums for additional Bonds percent:
and insurance required because of cheeses in the Work
and premiums for property insurance corette within 11.6.2.',.. for costs incurred under pagasraph ! ! .-¢.3.
the limits of the deductible amounts established by the CON?RACTOR's Fee shall be five percent: and if
OWN£R in occordanca with parafraph 5.9. a subcontract is off the basis of Cost of the Work Ptus
i Fee, the mLximum allowable to CONTR^CTOF, on
I 1.5. The term Cost of the Work shall not include any of account of overhead and profit of all Subcontractors
the followin$: shall be fifteen percent:
1l.$.1. PayroLlcostsafldothercompensatioflofCON. 11.6.2.a, no fee shall be payable off thc basis of'
TRACTOR's officers, executives, principals (of partricr* costs itemized under lzra~r~phs 11.4.4, .11.4.$ and 11'.$;
ship and sole proprietorships), s~ne~ manasers, ensio
ricers, L*chitects, estimators, attorneys, auditors, accoun- 11.6.2.4. thc amount of' credit to be allowed by
tams, purchasinf and cofltractinf agents, expeditors, CONTRACTOR to OWNER for ~fly such ch&nSc which
timekeepers, clerics and other personnel employed by results in a net decrease in cost will be the amount of
CON'rI~cToR whether nt the site or in CON?RAC. the actual net decrease plus a deduction in CON'TP, AC-
TOR's principal or a brunch office for 8eneral ndministra- TOR's Fee by an amount equal to ten percent of' thc
tion of the Work and not specifically included in the agreed net decrease; and
upon schedule of'job classifications referred to.in para-
i:'aph 1 !.4.1 or specifically covered by pamlmph 1 !.4.~--. J 1.6.2.5. when both additions and credits age
ali of' which are to be considered administrative costs involved in any one change, thc adjustment in CON-
covered by the CON'TR. ACTOR*s Fee. 'tRACTOR's Fee shall be computed on the basis of thc
net change in accordance with pa,ra~-aphs 11.6.2.1
11.5.:2. £xpenses o,r CONTRACTOR's principal ~d
branch offices other than CONTRACTOR's office at the tta'odsh 11.6.2.4. inclusive.
site. i 1.7. Whenever the cost of'any Work is to be determined
11.$.3. ^fly part ofCONTRACTOR's capital expenses, pursuant to parar, raph 11.4 or 11.$, CONTRACTOR will
submit in form acceptable to ~%IGINIil~R an itemized cost
including interest on CON'TRACTOR*$ capital employed
for the Work and charges &lalnst CONTILAC'~OR for breakdown together with supportin~ data.
delinquent payments.
Cash
11.$.4. CoSt of ~remiums for all Bonds and for all
insur~ce whether or ~ot CONT..ACTOR is required by l 1.~. It ~ under~tood that CONTRACTOR has included
the Contract Documents to purchase and maintain the in the Contract Price ail allowances so named in the Contract
same (except for the cost of premiums covered by sub- Documents and shall cause the Work so cove~d to be done
paragraph 11.4.5,9 above), by such Subcontractors or Supphers and for such sums within
the limit of the allowances u may be acceptable to £NGI-
11.$.$. Costs due to the nelJigencc of CONTR^C. N EI:P.. CONTRACTOR agrees that:
TOR, any Subcontractor, or anyone directly or indirectly
employed by any of them or for whose acts any of the:n 11.8.1. The allowances include the cost to CON-
may be liable, including but not limited to, the correction TRACTOR (less any applicable trade discounts) of mate-
of defective Work. disposal of m~terials or equipment rials asd equipment requited by theallow~ces to be delay-
wrongly supplied and making good any damage to prop- ered at the site, and all applicable taxes; and
trey.
11.8.2. CO,XCrRACTOR's costs for unloading and
i1.$.6. Other overhead or general expense costs of handling on the site. labor, installation costs, overhead,
a~y kind ~nd the costs of any item not specifically and profit &nd othercxpcnse$comemplatedfortheal)owam:cs
expressly included in pagagraph I :.4. have been included in thc Contract Price and no{ in {he
23
** Indicates paragraph altered or deleteU by Supplementary
a.llowanccs. No dcmand for additional payment on recount sh~ll bG dctc~incd by ENGINEER in accordance with p~-
of ~Y ~hcrco~ w~l ~ valid. ~Ph 9. ) ] i~ O~ ~R and CON~OR ~not o~h~'isc
a~ree. No cl~m for M adjustment in the Con.ct Time
~or to fln~ payment, ~ appmp~ate ~an~c Order will ~ ~ valid iFnot submitted in accordance with ~c rcquirtm:nu
issued ~ ~commended by ~GINEER Io ~fl~ct uctu~ of this p~ph 12.1.
~ounu due CO~~R on n~t of Work ~ve~d
by ~lowances, ~d ~e ~n~ct ~ce s~l be co~s~nd- 12~2. ~c Con.ct ~me ~ be extended in ~ ~ouflt
ifl~y adjusted, equ~ to ~me lost duc to delays beyond the consol of CO~-
~OR · a cl~m is made therefor as provided in
~ph 12.1. Such delays sh~ include, but not ~ limited to,
U~ ~e Wor~' acts or newest by O~ER or o~c~ pe~ominI md~ki~n~
]1.9.1. ~e~ ~e Contact D~ments pto~de that wo~ as contemplated by ~cle 7, or ~o fires, fl~ds, labor
~1 ot ~ of ~e Work is to ~ Unit ~ce Wo~, inifi~ly disputes, epidemics, abno~ w~ther ~nditions or a:ts
th~ C~tmct ~ ~H ~ deemed to include for ~ Unit G~.
~ce Work ~ ~eunt equ~ to ~he sum of~e es~blished
unitp~cesforczchscp~tclyidcn~fieditemo[UnitP~ce 12.3. ~l ~me limits s~ted in the Con.ct Docum=nts
Work times the estimated quantity of ~ch item as indi- ~ of ~e essence of ~c A~ecment. ~e provisions of this
~ted ~ th~ A~ecmcnt. ~ estimated quantities o~items ~icle 12 s~ not e~clude recove~ for damages (includini
o~ Unit ~ce Work ~e not lu~t=~d and ara ~lely for but not limited to fees ~d ch~-Ies of en~nc~, architects,
th~ pu~se o~ complan ~f Bids ~d det~ininl an attorneys and o~er profession~s and cou~ and ~bitmtion
initi~ Contact ~ce. Deracinations of the acm~ quart- costs) for ~elay by either pa~y.
tides and cl~ssifl~ons of Unit ~ce Work pe~e~ed by
CON~OR wiH ~ made by ~GINE~R in actor.
~ncc with P~fmpb 9. lO.
11.9.2. Each unit p~c~ wilJ be deemed to include afl ~TICLE I~WA~NTY ~D
amount conside~d by CONTRA~OR to be adequate to ~S ~D INSPE~IONS;
cover CON~&~OR's overhead and p~Rt for each se~ CO~E~ON. REMOVAL OR
a~te}y identi~ed item. ACC~TANCE OF DE~E~IVE WORK
;nd ~i~nifi'~:~:' fr~ ~he J~ q~ae~' efsuek ~.., 13.l. CONTRACTOR warrants and ~uarafltccs to
i~d~t~ ~= ~A~recme~t 1~ '~frl i~ ne ;e~ilpendinl OWNER and E~GINEER that ~ Work will be in accor-
a~jus:me~: ,;~:~ re~c: to ~/~hor i:m;.. Il ~,'e~)( and if dance with the Contract Documents and will not be ~e/ecrive.
C~TRACTOR ~c:ie~s ibm CONTRACTOR h~s ~omp[ notice of ~l defects shall be Wen [o CONT.&C-
in.neda..i.io~2"' " ,~pmc~, ac a result ihs.er. ~H. TOR. All defective Work, whethgr or not in place, may bc
~~ ..ay .,eke a eM~.~ f~ mn increase in Ihs ~a- rejected, co.coted or accepted as provided in this A~icie 13.
*~.9.4 No ~p~ate Pay It~ A~s~.
13.2. HNOIN~R and ~NGIN~R's
~TICL~ I2~MANG~ OF CONT~%~ ~M~ olh=t representatives of OWNER. testin~ agencies and ~ov.
=mm=n~ clenches wkhju~sdi:tion~ inlerests will have access
~o ~ Wotk a{ r~sonabl= times for their obse~a:ion.
I2. L ~=Con~ctT~emayonlyb=~edbyaChan&e and lesiOnS. CONT~OR shall provide proper and saf~
Ordtr or a W~tt=n Amendment. Any claim for an extensio~ conditions for such acc=ss.
sho~=nin& of ~h= Co~tmc~ Tim= shaU be based on
no~c: de~)ver=d by lbo pa~y mmk{n~ the claim ~o the oth=r
p~y and to ENGINEER prompdy ~ut in no event later than Te~u and
thi~y days) aher thc oc:u~cncc of the event giving Hsc to 13.3. CON~OR shall ~vc ENGINEER timel)'notic:
th= :loam and szating thc g:ntral nature of thc claim. Nolic: or readiness or the Work For ail required inspections. Jests or
thc ~xttnt of thc claim with suppo~in~ data shall be drily, approves.
crud within sixty days ~tcr such occu~cncc (unless ENGI-
nEER ailo~'s an additional pcNod of time to asctflain more ~ ~3.4. If ~ ~s er Regula:iaRs ar are' p~lic
ac:urate dar1 in suppo~ of thc claim) and shall bc accom, ju~tff~::i~ req~irm any Werl: (or ~2fl thereo~
mca: c~aim~d ?s Iht entire adjustment lo which zhc claimant assumm F~) raspen~bili~)' :hora~. ~3y ") ;~s in
h~s reason ~o b::~cvc it is entitled as a r~suh of:he occu~cnc: there''';'~ ~d ~v'~;~h ~I~'EE~ :~e -~qu;-¢d:--'~-~'-<
said event. Ail claims for adjustment in thc Contract Time e~ [n¢~-'i~. '-r'?~; e, 3~-r~"aL C~'TR.~T~
24
-- ** Indicates paragraph altered or deleted by Supplementary Conditions.
be responsible for and shall pay all oo~ts in connection with thereof, CONTRACTOR may make a claim therefor as pro-
any inspection or testinl required in connection with OWN- vided in Articles ! I and
'"' ER's or ENGINEER's acceptance of a Supplier of materials
'q or cquipmcnt proposed to be innorpormed in the Work. or of Owner ki~ Slap ~Ae Work:
materials or CCluipmcnt subndt~e,d for approval prior to CON- 1:3.10. If thc Work is deice;ire, or CONTRACTOR fails
~ TRACTOR's purchase thereo(forincorpocltion in the Work. to supply su~ient skilled workers Qt sui,~bie materials or
The cost of all inspections, tests and approvals in addition to equipment, or fails co furnish or perform thc Work in such a
'~ the above which are required by the ConUlct Documents way that the completed Work will conform to the Contract
shall bc paid by O~NER (unless otherwise speckled). Documents. OW'NM may order CONTR, ACTOR to s!op the
· -- Work. or nay portion thereof, until the cause for such ordc:
" ,a-e 13.$. !.Il inspsctior, t. lefts ff zppr~/als sake' ch-- ti, gte ha~ been eliminated; however, this fight of OWNER to stop
.'ecF, i~'d by T -..~s ~, S~ego~-,~-f ~f a~¥ pate9- b~'Jy ~"";~l the Work shall not ~ive risc to &ny duty on ~he part o£OW,~ER
,., ju~isdietiee sk~!I be perfe,..sd by etgani~,tienc _~ett~nble to exercise this tilht for the benet~t of CONTRACTOR or
~ t¢ "JWN~R ere C, ONT~g)R {oF ky el~Oll~Z:~:~- if se any other party.
~ 13.6. If ~ny Work (including the work of others) that is
to be inspected, tested or approved is coveted without written 13, i 1, If required by ENGINEER. CONTILACTOR shall
concurrence of ENGINEER, it must, if requested by ENGi- promptly, as directed, either COtTeCt all defec~ive Work,
NEER. be uncovered for observation. Such uncovering shall whether or not fabricated, installed or completed, or, if the
be at CONTKACTOR's expense unless CONTRACTOR has Work bas been rejet.~ed by ENGINEER. remove it from the
I~ven ENGINEER timely notice of CONTILACTOR's inten- site and replace it with nondtfec~ive Work. CONTRACTOR
Lion to cover the same and ENGINEER has not acted with shall beer all direct, indirect and consequential costs of such
.=. reasonable promptness in response to such notice, correction or removzl (including but not limited to fees
cha.,'Ses of engineers, ~hitects, attorneys and other profes-
13.7, Neither observations by ENGINEER nor inspec- sionzls) made necesszry thereby,
t. ions, tests or approvals by others shah relieve CONTILAC-
'"' TOR from CONTRACTOR's oblilations to perform the Work
in accordance with thc ConttaGt Documents. One Yeer Cea'eeo'off Period: '
13.12, If within one year a,'ter the date of Substantizl
Completion or such longer period of time a.s may be pre-
scribed by Laws or Regulations or by the terms of'any appli-
· Uncovering WorJ:: c~ble special guarantee required by the Contract Documents
13.8~ Tfany Work is covered contra,-ytotbe written request or by any specific provision of the Contract Documents. any
· ", of ENGINEER, it must. if requested by ENGINEER, be Workisfoundtobede. fecdve. COlqTRACTORshaliprompdy.
without cost to OWNER and in accordance with OW'NER's
uncovered for ENGINEER's observation and replaced at
~ CONTRACTOR's expense, written instructions, either correct such de. feczive Work. or,
if it has been rejected by OWNER. remove it from the site
"~ 13.9. U' ENGINEER considers it necessary or advisable and replace it with nondt/ec~ve Work. ~ CONTRACTOR
, that covered Work be observed by E,N, GINEER or inspected does not promptly comply'with the terms of such instructions.
or tested by others, CONTRACTOR. at ENGINEER's or in an emerlency where delay would cause serious risk of
,-, request, shall uncover, expose or otherwise make available loss or damage, OWNER may have the defective Work cor-
rected or the rejected Work removed and replaced, and all
for observation, inspection or testing as ENGINEER may
' require, that portion of the Work in question, t~urnLshing all direct, indirect and consequential costs of such remova~ and
necessary labor, material and equipment. If it is found that replacement (including but not limited to fees and charges of
· -, such Work is ~/~,/'et~iv~. CONTRACTOR shall.bear all direct, engineers, architects, attorneys and other ptofession~s) wLTJ
be paid by CONTRACTOR. In special c~rcumstances where
~ indirect and consequential costs of such uncovering, expo-
sure, observation, inspection and testing and of satisfactory a pa,,'ticuJnt item of equipment is placed in continuous service
reconstruction. (including but not limited to fees and charges before SubstantiaJ Completion of all the Work, the correction
'-' of engine:rs. ~¢hitects. attorneys and other professionals), period for that item may sta.,-t to run from an earlier date Lt'
~ and OWNER shall be entitled to an appropriate decrease in so provided in the Specificity=ns or by Written Amendment.
the Contact Price, and. if the parties are unable to agree as
to the amount thereof, may make a claim thcrel'or as provided
'"' ~ in Article Il. If, however, such Work is not found to be A¢ceputnce of Defecti~/r/Work:
#r£ec~/~,e. CONTRACTOR shall be allowed an incrcue in 13,13. et', instead of requiring correction or removal and
the Contract Price or an extension of the Contract Time, or replacement of defective Work, OVt~IER (and, prior to
both, directly attributable to such uncovering, exposure, ENGINEER's recommendation of final payment, also
i observation, inspection, testing and reconstruction: and, if ENGINEER) prefers to accept it, OWNER may do so. CON-
the parxies ar.- unable to agree as to thc amount or extent TRACTOR shall beer all d~rect, indirect and consequentia~
25
** Indicates paragraph altered or deleted by Supplementary Conditions.
costs attributable to OWNER's evaluation of and del're'mi- ARTICLE 14---PAYMENTS TO CONT~OR AND
~tion to accept such de/ec#,.~ Wo~ (such costs to ~ appmv~ COMPLETION
by E~OINEER ~ to ~blcness ~d to include but not
~ limited to r~s ~ c~ ~ ~ne~, ~hitc~s. a~or- ScAedule o~
~ys ~d o~er pmfessi~}. If any such iccep~ce
~or to ENG~E~'s ~o~e~&t~n of ~ ~cnt, I 14.1. ~c ~h~ule oF v~ues esGblishcd u provided
~ee ~der~ ~issued inco~tinlthe ne~s~ ~vi- ~ph 2.9 ~!1 s~c as thc buis rot p~ss plyments
signs in ~e Con~ ~umcnts ~th ~s~ct to ~c Wo~; ~d will ~ inco~tcd into i fo~ of Appli~tion for Pay-
~d O~ ~ ~ entitl~ to ~ ipp~p~ite de~se in mcat a~ptable to ENGINEER. ~e~ss payments
the Cont~ ~, ~, · ~c p~ics ~ un~le to a~ce u Iccount of Unit ~ce Wo~ will be based on the number
units completed.
m ~e a~um ~e~of, O~ER may ~e a ~m thc~for
~ provi~d in ~clc ! 1. ~ thc ~ccp~cc ~n ~er such
CO~~OR m O~ER. ~ 14.2. At I~sz twenty days ~fo~ uch pmeress payment
is scheduled (but not more often than on~ I month). C~-
~OR s~ll sub~t to ENGINEER for review an Appl~-
~ ~ C~ ~e~ Wor~' cition for ~ymcnt filled out and sashed by CONT~OR
13.14. ~ CO~OR f~ls ~thin a ~asonable ~me cove~n8 ~e Work completed as of thc ~te o~the Appli~ztion
end Iccom~nied by such sup~inl documentation as is
~ter ~tten no~e ~ ENGZNEER to p~ccd to c~ct a~ rcqui~ ~ thc ~n~t ~umcnts. l~yment is ~quested
m co~ de/ectiv~ Wo~ ~ to remove ~nd ~pla~ rcject~ on the ~s or mate~s ~d equipment ~t inco~ted
Work as ~qui~d by ENGINEER in acco~an~ ~th ~- thc Wu~ but delivered n~ sui~bly stored It thc site or ~t
~ph 13.11. or ~CO~OR fans to pe~o~ ~e Wo~ another I~tion ~ed to in wfitins, the Appli~tion for
in a~o~nce with the Contact ~uments. or if CON- Piyment sh~l ~ ~ Iccompinied by a bill of s~c. invoice
~OR f~ls to comply ~th ~ny other provision ~ ~e or o~er ~umen~ti~ ~tin~ that OWNER ~
Contact DoCuments. OWNER may, ~ter seven days' ~t- ~e miters lad equipment flee ~d cl~ o~! liens, chics,
ten notice to CONT~OR, co~ec~ lad remedy ~ny such secu~ty interests and encumb~nces (which ~e her~inif~er
deficiency, In cxe~isinl the ~lhts and ~medies under this in these Gene~ Conditions rcfe~cd to is "~iens"} and
p~ph O~ER sh~ p~ed ex~di~ously. To ~e extent evidence tha~ the mater, s ~d equipment ire covered by
ne~s~ to complete ~c~ve ~d re~d~ i~ion. O~ER approp~itc pro.ny insulate znd other ~nKements to
any exclude CONT~OR ~rom ~1 or p~ or~e site. ~e protect O~ER's interest theban, ill or which will be szt-
~ssession of ~ or p~ of the Work, and sus~ CON- is~cto~ to OWNER. ~e ~ount o~ret~nase with respect
T~OR's so.ices rchted thereto, take ~ssession of to p~e~ss payments will be ~s stipulited in the A~eement.
CONT~OR's tools, appliances, const~ction equipment
and michina~ ~t the site and inco~ta in ~e Wo~ ~
mat~s and ~quipment stood at ~= she or for wh~h OWNER CO~O~'s W~n~
has paid CONT~OR bu~ which ~g stored g[sewhe~.
14.3. CONT~OR wa~nts and gu~ntees ~hat title
CONT~OR sh~ allow OWNER. O~ER's represen- ~o ~i Work. match,Is and equipment covered by any Appii-
t~tives, agents ~nd employees such access to the site as may cation for ~yment. whether i~co~o~ted in the Projec~ or
not. will pass to OWNER fiG later than thc time of payment
remedies unde~ this p~l~ph. All direct, indi~ &nd co~ f~e and clc~ of ~H Liens.
scquenti~ costs of O~ER in exe~cisinl such ~ts and
remedies ~ be c~ed a~inst CO~OR in an ~ount
~pproved as to re~onablaness by ENGINEER. and a Chanlc R~W~w of Appl~on~ for Pror~ Poyment:
O~dcf will ~ issued inco~ting thc flecess~ revisions iff 14.4. E~GI~EER will. within' ten days after receipt of
the Coat,ex Documents ~th respect to the Work: and each Application for Payment. either indicate in w~t~ng a
OWneR sh~ bc entitled to an approp~ate decrease iff thc ~commendatiofl of payment and present thc Application to
Cont~cl P~ce, and, if the p~igS ~e unable to alreg u to OWNER. or rgtu~ the Application to CONTRA~OR indi-
thc amount thereof. OWNER may make a claim therefor as caring in w~tin~ ENGINEER's reasons ~or re.sing to fcc-
provided in Article ~ I. Such direct, indirect and consequen- ommend payment. In ~he latter case, COaTi. OR may
rial costs will include but not be limited to fees and cha~es make the neccssa~ co~cctions and resubmit thc Applied-
of engineers, architects, a~o~eys and other professio~s, tion. $~ ~ ~r presentation of th: Application for Pay-
all court and arbi~ion costs and ~l costs of repair and men~ with ~NGINEER's recommendation, the amount rec-
replac~en~ of work of others destroyed or damaged by ommended will (subject to the provisions ofthe las~ sentence
co~e:tion, remov~ or replacem~n~ of CONT~OR's of pa~ph la.7) become due and when du~ will
~/e~:/~ Work. CO~TRR~OR sh~fl not be ~lowed an OWNER to CO~T~CTOR.
extension of ~he Contract Time because of any delay in per-
fo~anc~oftheWork~tt~butabl~o~heexercisebyOW~ER la.~. ~G~E~R's recommendation of a~y paym~n~
of OWnER's ~ghts and remedies hereunder, requested in an Application for Payment will constitute
2~
** Indicates paragraph altered or deleted by Supplementary Cor,d~t~ons.
represenlmlion by ENGINEER to OWNER. based o~ ENG)- OWNER to a set-off asainst th: amount recommended.
NEER's on.silt observations of the Work in pro~,-css as mn OWNER musl ~ve CONT~OR imm:~iate ~'~:~cn nod::
experienced nnd qulliflcd d~si~n profcssionnl mad on ENGI- (wi~h m copy to ~NGIN~ER) sta~in~ ~hc reasons for su:h
NEER's review of [he Application for Pnymcn~ ~nd iht action.
~ccom~nyinj dn[l ~dd Kh~dules ~hn[ iht Work h~s pro-
~r~ssed m the ~in~ indicnlcd: thn~. ~o [h~ bcs~ of
N~R's knowi~dlc, info~a~ion and belie~, th~ qualily of ~.b~n~l Cempl~on:
~ Work is in accordance with the Commc~ Documents e. 14.~. When CONT~OR'considers the ~ntir: Work
(subjgcr to an evaluation of the Work as a func~ionin~ whole ~ady for its in~gndgd usc CONT~OR shall nod&
p~or to or upon Substamial Completion. to th~ results ofany OWNER and ENGINEER in ~'~ting ~har thc cadre Work is
subsequent ~s~s clll~d for in the Contact Documents, to a substantially complete (gxccp~ for i~ems specifically lis~:~ ~}
final dgtg~inadon of quantities and classifications for Unit CONT~OR as incomplete) and rcqucs~ that
~ce Work under p~ph 9.10, and to any other qualifi- NEER issue a ce~ficate of Substantial Completion. Within
cations s~a~gd in rhg recommendation): and ~har CONTRAC- a reasonable time lhergafigr, O~ER. CON~OR an~
TOR is endued to paymgn~ of fha amount r~commgndgd. ENGINEER shall make an inspection o~ rhe Work ~o
However. by rgcommending any such paymen~ ENGINeeR mine the status of completion, ff ENG~'~R docs nor con-
will not ihar~by bg deemed lo haw rgprgsgmgd ~har exhaus- sider th~ Work subs~d~iy co~le~g, E~O~R w~ no~y
tivg or continuous on.site inspections have been made in CON~OR in wHdn~ Wing ~hc reasons therefor.
check th~ quality or ~ quantity of ~e Work beyond the ~NGINE~R considem ~c Work substantially complete.
responsibilities specific~ly issilng~ ~o ~NGIN~ER in lhe ~NGIN~R will prgp~ and ddivcr ~o O~R a
Contact Documents or tha~ there may nol be other matters ec~ifica~a of Subs~ti~ Complgdon which shall fix thc
or issues bgiwggn the pa~ies ~at might entitle CONTAC- of ~ubs~nti~ Completion. ~er~ shall bg a~t~chcd ro ~c
TOR m be p~d ~ditio~iy by OWNER or OWNER to cg~ificatg a tgntativg list of kerns to b~ completed or cot-
wkhhold payment to CON~OR. ~ctgd before fin~ payment. O~R shall haw s~vcn d~ys
g~gr r~cgip~ of ~c tentative ce~ificate cluing which ~o make
~II ~n~i~u~, ~ additional reprer¢~'~i~n by ~I~F~ certificate or mt~ched lis~. If. ~er conside~ng such objcc-
~e O~V~R :~n: ~he r,~Pio-- ? .... ~, ,~ CO~T~ s~. lions. ~NGIN~R concludes tha~ ~hc Work is not subs~n-
T~'s beialendiled to fin" F~..m~: as so~ fo~ in pmmsrmFh ~ally complete, ENGINEER will within fourteen days ~ter
1~.:~ h~v¢ ~n ~lfilled. submission of ~e tentative certificate to OWN[R notify
CON~OR in w~tin~, statins thc ~asons therefor. If.
** 14.7. ~NGIN~R ~y refuse to recommend th~ whole ~cr consideration of OWNeR's objections.
or any pan of any payment if. in ENGINEeR's opinion, il considers ~e Work subs~ntially complete. ~NGINE~R
would be inco~ec~ to make such representations ~o OWNER. wi~in said fou~etn days execute and ~e~vcr to OWNER
and CONT~OR a definitive ccn~ca~e of Substantial
~GIN~R may ~so refuse to recommend any such pay.
meat; or, because of subsequendy discovered evidence or Completion (with a revised t~ncadvc lis~ o~hcms ~o bc com-
ic results of subsequent insertions or tests, null~y any such pieced or co~ected) reflectinl such changes Dom the
payment previously recommended, to such exten~ as may be certificate as ~G[N~R believes jusdfic~ ~er consider-
ne:essa~ in ~GIN~R's opinion to protect OWNER from neigh of any objections from O~R. At ~e time ofdclivc~
loss b~cause: of the ten~ativc certificate of Subs~and~ Completion
~ N~R wOl deliver to O~ER ~d CON~OR a ~ttcn
14.7.1. ~he Work is de~ectiv, e. or completed Work has ~commcndadon as to division of responsibilities pending
been damai~d requital co,retina or replacement, fin~ payment between O~R and CONT~OR with
respect ~o secu~ty, opc~tion. ~re~y. mdntenance, heat,
14.7.2. thc Contact ~ce has been reduced by W~. utilkics, insu~ncc ~d wa~dcs. Urdess OWN'~R and
~cn Amendment or Chule O~er, CON~OR a~ee othc~is~ in w~ng and so ~Xo~
~NGI~R p~or to ~NGI~R's issuin& the de~ni~ivc
14.7.3. OW'N~R h~ been required to co~cc~ ~e/ec. certificate of Subs~d~ Completion. ~OlN~R's
t/vt Work or complete Work in ac::r~ance ~th p~ph s~d recommendation wUl bc binding on O~R and CON-
13.14, or T~OR until fin~ payment.
14.7.4. of ~NGIN~R's ac:ual knowledge o[ thc 14.9. O~R sh~! have ~c Hght to cxcludc CON-
~:u~enct of any of~c events enumerated in p~g~phs T~OR from the Work ~tcr ~c date of Subs~n~ Com-
IC.2. I ~rou~h !~.2.9 ~clusive. pletion, but O~R shall ~low CONT~OR reasonable
access to complete or concc: items on ~c :cn~dvc lis:.
OWNER may refuse ~o m~e payme~ of the full amoun~
~commcndcd by ~NG~[~R because claims have bccn
made agains~ OWNER on accoun~ of CONTRA~OR's per-
fo~ancc or fumishin~ of the Work or Liens have been filed 14.10. Use by OWNER of any ~nisbc~ p~ of ~hc Work.
in connection ~th the Work or there ~e other ilcms cnHdin~ which has specific~iy bccn identified in ~e Comae: Docu-
27
merits, or which O'a,'~'£R, ENGI.~'EC..R and CONTR.AC- 14.10.3. ~o oc:~:p;~n:y or separate oF, cra:ion of pa.-.
.=. TOR at:re= constitutes a sep3z"atel¥ functioning and useable o~'the ¥/ork will bc 3c:e..-.plished prior to co..-.p!i3n:e ~.it.~.
part o/' the Work that :3n be used by OWN_eR without sig- the requL,'e,'~ents o~' pa,"~raph 5.15 in rc.<pe=t oF prop-.=)
hi/to=ne intc."fcr~nce with CONTR.ACTOR's pc,'fon'nance or insure.ncc.
the remainder Gl' thc Work, may be accomplished prior to
'- Subst~nti~ Completion ol'~l the Work subj=ct to the follow-
lng: ~'b~ ]ru7)ection:
]4.! !. Upon written no:i:: ~'rom CONTTCACTOR '..'~at th:
14.10.1. OW'N£R at any ~Jme may r~qucs! CON. cmireWorkotana~:'ced~nionther:o~iscom?.!:t:.£~Gl.
-' ']'R.ACTOR in ~,'~ti~.; to pen'nit 0%~ER to use an)' such ~££R will n'~ke a ~n~ inspection wkh OV,'N'£R a~ CC)N-
p~rt o1' ~c Work which Og,'N£R believes ~o be ready [or TRACTOR ~d will noti,r¥ CONTR.ACTOR in ~,'~d.-.~
its int~n~-'d use and subs~nti~Jly complete. /J' CON- p~'~i:ul~rs in whi:h ~his inspection reYe~Js aha[ :he ~,'or~ is
-. TP,.ACTORa~;Tces, CO~-L'IC'~.CTORw~ccr'~'toOV/~£R inco~,,plctc or ~e/ective. CONT~,C'TO~ sh~ ' -'-'~:
·nd £NGL"~EER that said p~'[ o~'the Work is substantially take such m.~surcs as ~:c n:::ss,~ry to remedy s~:h
complete and request £NGZ~£:'R ~o issue a c'.~i~cat= o~' clcncics.
Subs~mi~1 Completion t.or that p~rt or. thc Work. CON-
-- TRACTOR at any tim= may notit.y OWNER and ENGI-
NEER in writing that CONTR.~,CTOR ¢onsid.-n any su:h
part of thc Work ready for its in:-.nd=d us.- ~nd substan-
-- ti~lly complete and r-'quest ENGINEER to issue a cert~. 14.12. After CONTR.ACTOR has co,,-.pleted all such cor-
itate o£Substantial Completion for that pa~t of the Work. re:tions to th~ satist.action or' ENGINEER and deli?:.':d all
Withinar'.asonabletim:a,~'tereithe.-suchrequ:st, OV/~ER, * maintenance and ope."~tinj instructions, schedu!-.s, ~u~,"~n-
_ CONTILACTOR and :_.NGINE£R shall make an inspe:- tees, Jonds, c:rtiR:ates of inspection, marked-up r.-cord
tion or' that part or' th.- Work to dcte,"mine its status o~' documents (as provided in pa,"agraph 6.19) and other do:u-
completion. It' £NGI.~'E~R does not consider that part or.. ments=-a.U as required by the Contract Documents, an~
the Work to be substantially complete, £NGL~£ER will E.NGIN'E-=R has indir, ated that the Work is acc.-ptable (sub-
'-- notify O~.'~'ER and CONTR.ACTOR in writing giving the .~ect to the provisions or. pa.~:~ph 14.16), CONTRACTOR
reasons therct.ot. It'E."~GXNEER considers that pan or'thc may make application £or finaJ payment following th.- pro-
Work to be substantially complete, the provisions or. pa~=~- ccc:lure t'or progress payments. ,'~e final Application for Pay-
~':'~phs 1~.8 and 14.~ will apply with respect to certification merit sh~l be accompanied by all documentation cal]--c~
o~'Substantial Completion of'that part of'the Work and the in thc Contact Docu ,~,:nts, tot. thor with complete and
~ivision or. responsib~ky ~n respect thereof' and access effective releases or waive.-s (satisfactory to OWNER) ot' all
thereto. Liens a~sinj out or.or fi~ed ~n conne:tion with the Work.
lieu ther¢o£ and as approved by OWNER, CONTR.~,CTOR
14.]0.~ OWNER may at any ti=e rea'.'.'st CON- may furnish r¢:-"ipts or reie-~ses in full; ~n at'Rdavit of CON-
TRACTOR in writing to permit OW'NER to take over TRACTOR that the re!e~.ses and receipts ir, cluc~¢ all labor,
o~:,"ation or. any such pan o1' thc Work although it is not servic.-s, rnate,-JaJ :,nd equipment t'or which a Lien could be
s:~',stantially complete. A copy of' such request will be filed, and that all payrolls, mat:.~al and ':.~uipment biil~, and
sent ~o E~GI*EER and within a reasonable time there- other in~-ebtedness connected with the Work ~'or which
a,:::r OW.~'--R, CONTR.~CTOR and ENGZ.~,:EER sh~! OWNER or OW~'ER's prope,y might in any way b-. r.-spon-
mak: an inspection of t~at part or' the Work to determine sible, haYe been paid .or ot~¢r'~.'ise satis,~:d; and consent or.
its status or'completion and will prepare a list of'the items .'~e sur.-ty, it' any, to fir, al p~ym.-nt. Tf' any Subcon:r~::or or
re::',~-ininj to be :o~]:::d or corr,:cecal thor:on bet'ore =uppli:r t'ai]s to t'u~ish a re]'.~=se or r,'::ipt in full, CON-
~,r, al pa.v~:.':t. I~'CONT.:L..~CTOR does not ob?.:t in writ- TRACTOR may t'u:-,~ish a ~ond or ot~er collater~ satisfac-
ir.g to C)v,'.~'~R and :-..~GINEER that such part or' the tory to OWNER to indemnif'y C)W~ER against any Lien.
Work is ~ot ready t'or separate op--ration by OWNER,
E~GI.~:'--R ~ill finaiiz-, the list of ite."ns to be co~plet...d
or corr,::t:~ and wi~! ~:'~iver such ~ist to OW,~ER and Fi~,,,l?:.rm~n~
CO,~T.:2,..~.CTOR toga:her ~th a written recommendation ** ]4.13.. Z~'. on th; ~.~sis of--_.~GZ.~-C--R's obsc,~,'ation
as :o t~: dNision o£rcs;onsi'~!!iti:s p:nding ~n:,l payment thc Work d~rin~ cons:r. JC:ion and fin~ i~spcc:ion, and
~.::wc:n O¥.'N?'R and C~.~T~-t. CTC)R with respa:: to -~NG{H!:'---R's review o1' ti'ce ~,~1 ^pplica:ion for
s::urity, O;:~LiOn. S:r.-:y, ,,'na/ntt.':~nc:, ual!it/cs. ~nsur- and accompanying do:um:n:~:ion--a~l as rcqu~r:d by thc
an:.-, wa..-:'z.'~t?.-s and g'.:~mn[::s For :hat pan or' :he Work Con::'act Documents. ENGI~'-Z--R is sads~:-, that :he Work
~'hich w[ll ~.::omc bir,~[ng upon OW.~ER and CO~- has been completed and CO~'T.~-~CTOR's
'TR.-~CTOR a~ thc tim-. when OW.~ER takes o¥:r such under th.' Contract Documents have bc.-n ~'ulfil]cd. ~_.~CSI.
~'p-'.~don {ur, 2:ss they shall have oth:,-.,.'ise agr:::l in w~t. NF. ER will, within zen days at'z:r rectip! or' [he final
Jn~ and so in~':,,'m,-,'d E~GI~F_.ER). Durin~ such operatiorl cation for ?eyre:nc. indicate in writ?ny ENGZNE-:R's fcc-
and p,~or :o Substantial Completion or' such pan of thc ommcndation or' pa.,,'rr.=nt and present the Application to
U,'ork. OW.~--R shall allow CONTR.~.CTOR reasonable OWNER t'or payment. Thereupon I:'NGZ~-'-~'R will
ac:ess to co,replete or correct itemS on said list and to written notice to OW~F_..R and CONTR,AC"TOR that :he Work
g:~,-npr:t: o:~:r related Work. is acceptable sub.i.':t :o ,he provision.~ of paragraph 14.16.
Otherwise. ENGINEER will return the Application to CON- CONTRACTOR's continuing oblip~ions under the Con-
TRACTOR, indicatin{ in ~fiting th~ ~ons f~ ~fusing to ~ct D~um~n~; and
~commgnd ~ ~ym~t, in which n~ CO~OR
shill m~g ~e ~gCgS~ ~dOflS ~ ~submit the Appli- 14.16.2. a ~Jvcr of ~l clams by CON~OR
ution. ~i~y ~ys ~tsr p~n~don I00~ER of ~g ~inst O~ER o~r~an ~osc p~viously ~dc in
ApplicOn ~d ac~m~yinl d~nmdon, in appmp~. ~ ~d still unsetOed.
a~c fo~ and subs~ce, ~d ~ ENGZNEER's ~ommen-
dition ~d noticg o~lcgcp~ty, thc ~ount ~commcnded
by ENGZNE~ ~11 become duc nad ~11 be ~d by O~ER
to CO~~O~ ~TIC~E I~USPENSIO~ OF WOR~ AND
~INATION
!{.14. If, {hrou{h uo fault ofCO~O~. Bn~ eom-
pletion of ~e Wo~ is si~B~Uy de~ygd md ~ ~NGI- Owner ~ S~ We~'
NEER so ~on~s, OWNER sh~i, u~ ~ceipt of CON- 15.1. O~ER may, at ~y ~mg ~d ~thout ~use, sus-
T~OR's fin~ Appli~on for ~ymgnt and rgcommen- pend the Wo~ or ~y ~nion ~e~offor a ~od of not more
dation of E~GINEER, ~d wi~out te~i~dng ~e A~rge- ~ ninety days by notice in ~dnj to CONT~OR ~d
meat, make payment o~ ~e b~ance dug ~or ~at ~ion o~ ENG[NEER which will fix the date on which Work will
~e Wo~ ~ully completed ~d accepted. E ~c ~m~ning ~sumgd. CO~OR sh~l resume thc Work on ~c date
balance to ~ held by O~ER for Wo~ not ~lly completed so fixed. CO~~OR shall be ~lowgd an increase ~n the
or co.gered is less ~ ~ ~nalc stipulated in the A~e- Con.ct ~ce or ~ excision o~ ~c Contact Time, or
meat, and E ~onds have been f~ished u ~qu~ed in ~- dire~y ~t~bu~le to any suspension E CONTRA~OR
~ph ~. 1, ~e w~tten consent of ~e su~ty to ~e payment m~es ~ approved ~m ~erefor u provided in ~icles I 1
of ~e b~ance dug for ~t ~on of ~e Wo~ ~lly corn- ~d 12.
pieced and ~cgpted sh~ ~ submitted by CO~OR
to ENGINEER ~th ~g Application for such ~yment. Such
payment sh~! be mdc under ~e tg~s ~d conditions joy- O~n~ M~ Te~:
g~ing finM payment, except ~at it sh~l not constitute a 15.2. U~n ~e ~cu~gncg o~ any one or more o~ the
waive~ of clams. ~oUowing even~:
1~.2.1. ECO~OR commences a volun~
Con~m~ Cen~n~E O~E~s: under ~y c~pter of ~e B~ptcy C~e ~g ! I, Unit~
14.15. COndOR's obli~tion to pe~o~ and corn- States C~g), u now or hg~ter in eEect, or E CON-
piece the Work in accordance ~th the Con.ct D~uments T~OR ~kes ~y equiv~ent or simi~ action by filing
sh~i be ~bsolute, Neither recommendation of ~y pro~ess a pe~on or othc~ise under any other fedc~ or state
or ~na~ payment by ENGINEER, nor the iss~ce of a ce~- law in effect at such ~mc relating to ~e ban~ptcy or
tiSc~e o~-Subsmnti~ Completion. nor ~y ~ymgnt by insolvency;
OWNER to CONT~OR under the Contact ~uments,
noranyuseor~cup~cyo~theWork~y~the~ofby [5.2.2. E a ~t~tion ~s ~led aghast
O~ER, nor any act o~ ~ccept~nce by O~ER nor ~y under ~y chapter of ~e Bank~ptcy C~e u now or
failure to do so, nor any ~view ~d approv~ ~ a Shop here~er in c~gct at the time o~ filing, or ~ a ~tition is
D~wing or sample submission, nor ~e issu~ce o~ · notice filed seeing any such equiv~ent or sim~ relief against
of acceptability by ENGINEER pu~nt to pa~ph 14.13, CO~~OR under any other fede~ or state law in
nor any co~ection of de~ec~ive Work by OWNER will con- effect at the time relatins to ~nk~ptcy or insolvency;
stitutc an acceptance of Wo~ not in accordance with the
Contact Documents or a ~lease o~ CONT~OR*s obH- 15.2.3. ~CONT~OR makes a gene~ ~signment
gation ro pe~o~ the Wo~ ~n acco~ance with ~e Contact (or the ~ncfit o~creditors;
~cuments (except ~s provided in pa~ph 14.16).
15.2.4. i~ a t~stee, receiver, cust~i~ or agent o~
~'ver o~C~: CO~OR is appointed under appU~ble ~w or under
contact, whos~ appointment or autho~ty to ~ke ch~e
~4.16. The makinS and acceptance o~ ~nal payment will of prope~y o[ CONT~OR ~s ~or ~e pu~ose o~
constitute: enfo~ng ~ Lien against such prope~y or ~or ~
of ~ene~ admi~ist~tion of such propc~y for thc ~nc~r
14.16.1. a waiver o~ ~11 claims by OWNER aghast of CO~RAC~OR's cre~ito~:
CONTRA~OR, except claims ~sin~ from unsettled
Liens, ~rom d~ctA, e Work appe~n~ ~fter fin~ inspec. 15.2.5. E CONTRA~OR admits ~n ~dng an inabil-
riga pursuant to pa~g~p~ 14.11 or from ~ailure to comply it~ to pay its debts $cnc~iy as they become due:
w~th the Cont~ct Documents or the te~s of ~y spec~
~ntccs spcc~6ed therein: however, it w;ll not consti- 15.2.5. ifCONT~OR persistently (~ls to pe~o~
fmc a waiver by OWNER o~ any ~ghts in respect o~ cbc Work in accordance with the Cont~c~ Documents
~9
(includif~, but f~ limited to, failure to supply sulliciam 15.3. Where CONTRACTOR's services have bean so
skilled workers or suitable materials or equipment or ;crminatad by OWNER. thc termination will not afTcct any
' failur~ to adhe~ tO thc I~s~ ~hedule estsblish~d under rights or ~medias of OWN ER a~,ainst CONTRACTOR then
pa~a~"~ph 2.9 as ~vis~d from time to tin~); existi~ or which may thereafter accrue. Any retention or
~, payment of moneys duc CONTRACTOR by OWNER
) !$.2.7. if CONTRACTOR dis~q~s Liws or Resq~- not reloas~ CONTRACTOR from ii~bility.
.. lations of any public body having ju~isdi,~ion;
15.4. Upon seven days' written notice to CONTRAC-
'~, 15.2.1. if CONTRACTOR disr~rds the authority of TOR and ENGINEER. OW'NER may. without cause
/ ENGH~IEER; or without prejudice to any other right or ~mcdy. elect to abra-
m don the Work and terminate thc A~recment. In such case,
-~ i$.2.9, if CONTR~J'OR otherwis~ violates in any CONTRACTOR sh~ll be paid for ail Work executed and a~y
i' substantial way any provisions of the Contra~t Do~u- expens~ sustained plus reasonable termination expenses, which
moats; will in.uric, but not he limited to, direr, indirect and con-
'"" ~quentiaJ costs (including, but not limited to, fees and cha~es
-~ OWNER may, ~ter livinl CONTRACTOR (and the su, rety, Gl~ enlineer~, a~chitects, attorneys and other professionals
I if there be Gna) seven days' written notice and to the extent and court and a~oit~tion costs).
,-. permitted by Laws ~nd Radiations. terminate the ~e~vices
· .~ of CONTRACTOR. exclude CONTRACTOR from the site
' and take possession of the Work and of all CONTRACTOR's C'enn'n~or ~7 S~op Worst ~r
; tools, a~plianccs, construction cquipmant and machinery at 15.$. If, throulh no act or fault of CONTRACTOR, the
--. thc site and use the same to thc full extent thay could be used Work is ~usponded ~or a period of more than ni~ety days by
" by CONTRACTOR (without liability to CONTRACTOR for OWNER or under an order of court or other public authority,
, trespass or conversion}, incorporate in thc Work all materials or ENGINEER fails to act on any Application for Payment
and equipment stored at the site or for which OWNER has within thirty days after it is submitted, or OWNER fails fo.r
"" _. paid CONTRacTOR but which a~ stored elsewhere, and they days to pay CONTRACTOR any sum finally deter.
finish the Work as OWNER may deam expedient. In such mined to be due, then CONTR~R may, upon seven
case CON'S. ACTOR sh~ll not be entitled to receive any days' written notice to OWNER and ENGINEER, terminate
further ~yment un~ the Work is finished. If the unpaid the A~reement and recover from OWNER payment for
balance of thc Contract Price exceeds thc d~'e¢~, indirect ~nd Work executed and any expense sustained plus reasonabte
consequential costs of oompleting the Work (includinl but termination expenses. In addition and in lieu ot' terminatin~
= not limited to fees and char~es of engineers, architects, niter- the ASr~ement, if ENGINEER hu Failed to act on an
m nays and other professionals and court and arbitration costs) cation for Payment or OWNER has failed to make any pay-
, such excess w~ be paid to CONTRACTOR. If such costs meat as aforesaid, CONTRACTOR may upon seven days'
. exceed such unpaid balance, CONTRACTOR shall pay the written notice to OWNER and ENGINEER stop the Work
differct~¢e to OWNER. Such costs iaea'red by OWNER will until payment of all amounts then due. The provisions of this
· -- be approved as to reasonableness by ENGINEER and in¢or- pa~'agraph shall not relieve CONTRACTOR of the obligations
po~ted in a Change Order, but when exa~isin~ any rii',hts under paragraph 6.:29 to ca.~"y on the Work in accordance
~ or remedies u- ' this parai~raph OWN~ER shah not be requi~d with thc pro.'ess schedu~a and without delay during disputes
to obtain the .. ~ est prica for the Work I~KOrmed. and disagreements with OWNER,
[The remainder of this page was Ict't blank intcntionally.]
3O
~ ARTICLE 16=--ARBITRATION American ^rbitrntion Association. and a copy will be sent to
ENGINEER for inforn~tion. The demand for arbit~tion will
'-" 16. I. All claims, disputes and other matters in question be made within thc thirty-day or ten-day period specified in
-- between OWNER and CON'TR~CTOR arisin[ out of. or parag~ph 16.2 ~s applicable, and in all other cases within a
.~elating to the Contrn~ Documents or the breach thereof reasonable time ~l'ter the claim, disputc or other matter in
_. (except for claims which have been waived by the making or question has az~sen, and in no event sba. Il any such demand
acceptance of~tnal payment ti provided by p~=4itaph 14.16} be made ~fter the date when institution of legal or cquital~Je
- will be decided by arbitration in accordance with the Con- proceedings bleed on such claim, dispute or other matter in
~truction lndust~ Arbitration Rules of the American Arbi- question would be barred by thc apptic~ble statute of iimi-
~ :retion Association then obt~ning subject to the limi(ations rations.
of this Article 16. This ~lJ'~ement so to m'bitrate and any
other agreement or consent m arbitrate entered into in actor- 16.4. No arbitration a~'ising out of or relating to the Con-
dance herewith a.s provided in this Article 16 will be speci/i- tract Documents shall include by consolidation, joinder or in
'"' tally enforceable under the prev~ilinglaw of any cour~ having any other manner any other person or entity (including
jurisdiction. ENGINEER. ENGINEER's qenu. employees or consul-
t~nts) who is not a party to this contrect unless:
' 16.2. No den~nd for arbitration of any claim, dispute or .
'=' other matter that is required to be referred to ENGINEER 16.4.1. the inclusion of such other person or entity is '
initially for decision in accordance with parni~ph 9. I I will
necessaJ"y if complete relief is to be ~l'orded amonl those
. be made until the e~rlier Qf{a} the date on which ENGINEER
who are already I~rties. to the ~rbitrntion.
.=. has rendered a decision or {b) the tenth day Jfter the pa~es
have presented the~' evidence to ENGINEER if a written
decision has not been rendered by ENG[NEER bet'ore tl~t 16.4.2. such other pet"son or entity is substantially
' date. No demand for trbitration of any such claim, dispute involved in a question of law or fact which is common to
'=' or other matter will be made later than thirty days ~ftcr the those who are already pa.-ties to the ~rbitration ~nd which
date on which ENGINEER has rendered a written decision will a~se in such proceedinls, and
~ in respect thereof in accordance with I~rnlr'aph 9.11: and the
~'ailure to demand arbitration within saJd thirty days' period 16.4.3. the ~ritten consent of the other person or entity
'=" shall result in ENGINEER's decision being final and binding sought to be included and of OW1~ER and CONTR.AC-
upon OWNER and CONTRACTOR. If ENGINEER renders TOR has been obtained for such inclusion, which consent
-~ a decision aJ'ter arbit~tion proceedings have been initiated, shaJl m~lce spec~lic ret'create to this p~r~g~ph: but no
_. such decision may be entered as evidence but w~U not supel~ede such consent shah constitute consent to orbits=orion of any
the a~oitr~tion proceedings, except where the decision is dispute not specifically desert"bed in such consent or to
· '-cccpt~ble to the pa,'ties concerned. No demand trot arbitra- ~bit~tion w~th any party not specif~caJly identified in such
'ion of any written decision or' ENG[I~EER rendered in
consent.
~ accorcta~ce with ptt'a~r~ph 9.10 will be madc later than
days ~ter the pa~y m~lcing such demand has delivered writ-
/ ten notice of intention to aplxa~ u provided in pa~/~-aph 16.5. The await rendered by the arbit~tors will be
~. 10. .judgment may be entered upon it in any court having jur~s-
'=' diction thereof', and will not be subject to modi6cation or
16..~. Notice otr the demand fo/a~itration will be filed in app~a~ except to the extent permitted by Sections 10 anc~ 11
J
writing with the other pasty to the A~eement and with the of the Fedez'aJ Arbiu'~tion Act (9 U.S.C. §§ 10. l l).
remainder of thi~ page w~ left blank intention~lly.]
31
ARTICLE 17mMISCELLANEOUS sion or act of the other party or of any of the other party's
employees or aBent, or others for whose acts thc other party
Gay/at ~V~t: is leplly liable, claim will ~ made in w~ting to thc other
17. !. Whoever ~y pm~on of ~e ~n~t ~u- piny witch a ~onablc time of the fi~t obse~nnce of such
meats ~qu~s the ~ of ~tten ~ti~. it w~i ~ deemed in)u~ er d~e. ~e provisions of this pi~&~ph I 7.3 shall
to hive ~n validly ~ven ~ dcliver~ in ~non to ~c indi. not be const~ed is I substitute for or I waiver of the
viduM or to a merest o[ the ~ or to an o~eet of ~e visions of any appli~ble statute of limi~tions or re.se.
co~tion for whom it is intended, or ~ dclive~d at or
by ~ste~ ~ ~ni~ed m~i. ~s~le p~id. to ~e ~t 17.4. ~e duties and oblilations imposed by these
business ~drus known m ~e ~ver of~e notice, e~ Conditions and ~e ~shts ~d remedies av~lablc here.
under to the panics hereto, and, in particular but withouc
Cam~n e/T~: U~mion, ~e ~n~es, ~tees ~ obiili~ons amused
17.2.1. When any ~ of time i$ refe~ed te in ~e u~n CO~~OR by pad, phs 6.~. 13. I. 13.12.13.14.
Coast ~umenM by ~ys, it ~ ~ computed to exclude 14.3 and 1 ~.2 and ~i of the H~ts and ~medies iv=liable
· e R~t ~d include ~e ~st day or such ~. If the ~st OWNER and ENGINEER thereunder. ~e in addition
day of ~y such ~H~ f~ls on a ~tu~ay or Sunday ~ and ~ not to ~ const~¢d in any way ~ a limitation o~.
on a day ~de n le~l holiday by the law of the applicable H~ts and ~me4ies av~lable to any or ~1 of them which ~re
ju~sdic~on, such ~ay will be omitted from the ¢ompu~. o~e~ise amused or available by ~ws or Re.lotions, by
tion. s~e~ ~ty or ~ntee or by other provisions of the
Cont~t ~¢~ems. and ~e provisions of ~
!~.2.2. A ~iend~ day of twenty.four hou~ meuu~d wild ~ as effective ~ ~ ~ated s~ciR~ly in the Contact
from midni~t m ~e n~t midn~t sh~i eo~tute a ~y. ~uments in ~onne¢~on with each p~cular duty, obli;a-
~on, ~lht ~ ~medy to which they apply. ~! ~presenta-
Gen~' tions, w~n~es ~nd ~tees made in the Contact D~
!~.3. Should O~ or CO~OR su~er inju~ uments will su~ive fin~ payment and te~i~on or corn-
or damco to ~on or p~y because of ~y e~r. omis- ple~on of the ~eement.
SECTION SC
SUPPLEMENTARY CONDITIONS
SECTION'SC
SUPPLEMENTARY CONDmONS
These Supplementary Conditions amend or supplement the Standard General Conditions of the
Construction Contract (No. 1910-8, 1983ed.) and other provisions of the Contract Documents
as indicated below. All provisions which are not so amended or supplemented remain in full
force and effect.
Numerical designations of the following sections correlate to the amended sections of the
General Conditions.
1. DEFINITIONS
The terms used in these Supplementary Conditions which are defined in the Standard
General Conditions of the Construction Contract (No. 1910.8, 1983 ed.) have the
meanings assigned to them in the General Conditions.
2.3 COMMENCEMENT OF CONTRACT TIME; NOTICE TO PROCEED
Delete paragraph 2.3 of the General Conditions in its entirety and insert the following
in its space.
"Commencement of Contract Time shall begin on the date indicated in the Notice
to Proceed. OWNER may request ENGINEER to issue a Notice to Proceed at
any time suitable to OWNER. Any provisions stipulating the time limits that a
Notice to Proceed can be issued, must be mutually agreed upon by OWNER and
CONTRACTOR prior to executing the Agreement."
2.8 PRECONSTRUCTION CONFERENCE
Delete the following language from the first sentence of Paragraph 2.8 of the General
Conditions:
"Within twenty days after the effective date of the Agreement, but..."
2.9 FINALIZING SCHEDULES
The ENGINEER may give f'mal approval to schedules as submitted in accordance with
paragraph 2.6 of the General Conditions or as determined in the Preconstruction
Conference without convening a separate conference for that purpose, and will so notify
the OWNER and CONTRACTOR.
SC-1 of 8
SUPPLEMENTARY CONDITIONS (Continued)
Add the following language after the second sentence of paragraph 3.2 of the General
Conditions.
"In the event there are any conflicts between the plans, the specifications or other
contract documents the priority of interpretation will be as follows: Signed
Contract Agreement, Bonds, Contractor's Proposal, Project Drawings or Plans,
Supplementary Conditiom, General Conditiom, Project Specifications, Referenced
Specificatiom."
4.2.1 EXPLORATIONS AND REPORTS
The following reports or explorations and tests of subsurface conditions at the site were
made and used by ENGINEER in preparation of the Contract Documents: Soil Borings
Performed by Ceo-Technique, Inc. CONTRACTOR may rely upon the accuracy of
the technical data contained in such reports, except as qualified in the report, but not
upon nontechnical data, interpretations or opinions contained therein or for the
completeness thereof for CONTRACTOR'S purposes. CONTRACTOR is alerted to the
face that certain subsurface conditions may change with time (such as groundwater levels).
and that borings provide isolated information at the specific bore location only.
4.3.2 UNDERGROUND FACILITIES
Add the following language to the beginning of paragraph 4.3.2. of the General
Conditions:
"Prior to commencement of Work, CONTRACTOR shall contact any city, water,
sewer and public works departments and utility companies which have a franchise
to operate in the area of the project site and shall determine the location of their
facilities at or contiguous to the site and shall protect same from damage during
COIiStrtiction."
4.4 REFERENCE POIIqTS
Delete paragraph 4.4 of the General Conditions and insert the following in its place:
"Project horizontal and vertical control along with line and grade stakes shall be
provided once by the OWNER through his ENGINEER. The CONTRACTOR
shall be responsible for protecting and preserving all stakes thus set, and any
SC-2 of 8
SUPPLEMENTARY CONDITIONS (Continued)
4.4 REFERENCE POINTS (Continued)
additional staking shall be at the CONTRACTOR'S expense. The OWNER'S
ENGINEER shall be notified at least 48 hours in advance of the need of
construction staking.
$.1 BONDS
Add the following language at the end of paragraph 5.1 of the General Conditions:
"All Bonds shall be in accordance with the provisions of Article 5160, Revised
Civil Statutes of Texas, as amended."
~.3 INSURANCE
CONTRACTOR shall name OWNER, ENGINEER and the City of Coppell as additional
insureds under CONTRACTOR'S general liability policy. The limits of liability for the
insurance required by paragraph 5.3 of the General Conditions shall provide coverage
for not less than the following amounts or greater where required by Laws and
Regulatiom:
5.3.1 and 5.3.2 Worker' Compensation, etc. under paragraphs 5.3.1. and 5.3.2. of the
General Conditions:
(1) State Statutory
(2) Applicable Federal (e.g. Longshoreman'):Statutory
(3) Employer's Liability: $100,000
5.3.3, 5.3.4, 5.3.5 and 5.3.6 Comprehemive General Liability (Under paragraphs 5.3.3.
through 5.3.6. of the General Conditions):
(1) Bodily Injury (including completed) $1,000,000
operations and products liability): Each Occurrence
Property Damage: $1,000,000 Each Occurrence
or a combined single limit of $1,000,000
(2) Property Damage Liability Insurance
Will provide explosion, collapse and
underground coverages where applicable.
(3) Personal Injury, with employment $1,000,000
exclusion deleted: Annual Aggregate
SC-3 of 8
SUPPLEMENTARY CONDmONS (Continued)
~.3 INSURANCE (Coutin. ed)
5.3.7. Comprehemive Automobile Liability:
Bodily Injury:
$300,000 Each Person
$500,000 Each Occurrence
Property Damage:
$300,000 Each Occurrence
or combined single limit of $ 750,000
5.3.8. Contractor's insurance shall cover operations of all subcontractors or
subcontractors must provide insurance which meets these requirements.
5.3.9. Contractor's insurance shall comply with the requirements of the City of Coppell.
5.4 CONTRACTUAL LIABILITY INSURANCE
The Contractual Liability required by paragraph 5.4 of the General Conditions shall
provide coverage for not less than the following amounts:
5.4.1 Bodily Injury:
$500,000 Each Occurrence
5.4.2 Property Damage:
$250,000 Each Occurrence
$250,000 Annual Aggregate
5.6 PROPERTY INSURANCE
The OWNER will not obtain Property lnsurame. The CONTRACTOR must provide
insurance covering the losses described in paragraph 5.6 of the General Conditions for
all work in place and materials on hand when such portions of the work are to be
included in an application for payment.
6.9 SUBCONTRACTORS AND SUPPLIERS
Add the following language to the end of paragraph 6.9 of the General Conditions:
SC-4 of 8
SUPPLEMENTARY CONDmONS (Continued)
6.9 SUBCONTRACTORS AND SUPPLIERS (Continued)
"OWNER or ENGINEER may furnish to any such Subcontractor, Supplier or
other person or organization, to the extent practicable, evidence of amounts paid
to CONTRACTOR in accordance with CONTRACTOR'S Application for
Payment."
6.13 INSPECTION FEES
6.13.1 Delete the following language from the sixth sentence of paragraph 6.13 of the
General Conditions:
and inspection fees..."
6.13.2 Add the following language to the end of paragraph 6.13 of the General
Conditions:
"OWNER shall assume full respomibility for normal inspection fees."
7.4 COOPERATION
ENGINEER shall have the authority and responsibility to divide the site into separate
work areas for purpose of allowing other contractors access to the site. Unless otherwise
notified by ENGINEER, CONTRACTOR will be responsible for the work area assigned
- to him in all aspects for which the CONTRACTOR is responsible under this Contract.
CONTRACTOR will still be responsible for maintenance, security operation, heat,
utilities, warranties and defects or deficiencies of CONTRACTOR'S work located in
other contractor's area and still maintain insurance related to the work. CONTRACTOR
will not be responsible for security or safety of other Contractor's operation, but will still
maintain responsibility for his own operations even in the other Contractor's work area.
7.$ DAMAGED WORK
Should CONTRACTOR cause damage to the work or property of any separate contractor
at the site, or should any claim arising out of CONTRACTOR'S performance of the
Work at the site made by any separate contractor against CONTRACTOR, OWNER,
ENGINEER, the Construction Coordinator or any other person, CONTRACTOR shall
promptly attempt to settle with such other contractor by agreement, or to otherwise
resolve the dispute by arbitration or at law.
SC-5 of 8
SUPPLEMENTARY CONDmONS (Continued)
7.S DAMAGED WORK (Continued)
CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations,
indemnify alld hold oVbrNER, ENGINEER and the Construction Coordinator harmless
from and against all claims, damage, losses and expenses (including, but not limited to,
fees of engineers, architects, attorneys and other professionals and court and arbitration
costs) arising directly, indirectly or consequentially out of any action, legal or equitable,
brought by any separate contractor against OWNER, ENGINEER or the Construction
Coordinator to the extent based on a claim arising out of CONTRACTOR'S performance
of the Work. Should a separate contractor cause damage to the Work or property of
CONTRACTOR or should the performance of Work by any separate contractor at the
site give rise to any other claim, CONTRACTOR shall not institute any action, legal or
equitable, against OWNER, ENGINEF~ or the Construction Coordinator or permit any
action against any of them to be maintained and continued in its name or for its benefit
in any court or before any arbiter which seeks to impose liability on or to recover
damages from OWNER, ENGINEER or the Construction Coordinator on account of any
such damage or claim. If CONTRACTOR is delayed at any time in performing or
furnishing Work by any act or neglect of a separate contractor and OWNER and
CONTRACTOR are unable to agree as to the extent of any adjustment in Contract Time
attributable thereto, CONTRACTOR may make a claim for an extension of time in
accordance with Article 12. An extension of the Contract Time shall be
CONTRACTOR'S exclusive remedy with respect to OWNER, ENGINEER and
Construction Coordinator for any delay, disruption, interference or hindrance caused by
any separate contractor. This paragraph does not prevent recovery from OWNER,
ENGINEER or Construction Coordinator for activities that are their respective
responsibilities.
9.3 OWNER'S PROJECT REPRESENTATIVE
OWNER may elect to provide a project representative other than and in addition to thc
ENGINEI~. Such project representative may be an employee of OWNER and shall be
present to observe the progress and quality of the executed work. Except as documented
by a written amendment to the Contract Documents, this project representative shall have
no authority to change the Contract Documents or waive any requirements thereof or
require any extra work be done by CONTRACTOR. A Change Order, a Work Directive
Change or a Field Order shall be issued only by ENGINEER.
SC-6 of 8
SUPPLEMENTARY CONDmONS (Continued)
9.10 UNIT PRICE CONTRACT
It is the general intention of this contract to construct the proposed impwvements as
shown in the plans. Lengths, sizes, and quantities shown in the plans are presumed to
be accurate as shown. The contract quantities as shown in the proposal or modified by
change order are presumed to be the actual quantities required to construct the Work
shown in the plans. CONTRACTOR shall satisfy him~lf that the quantities required by
the plans and contract qu~_ntjties are the same and shall notify ENGINEER in writing
within 10 days of discovering any discrepancies in the quantities. The quantities shown
in the proposal and as modified by change order will be the actual quantities paid by the
Owner for the completion of the work.
11.9.3 UNIT PRICE ADJUSTMENT
Paragraph 11.3.3 of the General Conditions is hereby deleted in its entirety and the
following is substituted in its place:
"The unit price of an item of Unit Price Work shall be subject to re-evaluation
and adjustment if the total cost of a particular item of Unit Price Work amounts'
to 20% or more of the Contract Price and the variation in the contract price
differs by more than 20% from the initial contract price established on the
effective date of the Agreement. CONTRACTOR or OWNER may make a claim
for a change in the Contract Price in accordance with Article 11 of the General
Conditions if the parties are unable to agree as to the amount of adjustment."
13.4 INSPECTION FEES
Delete the lb'st sentence of paragraph 13.4 of the General Conditions and insert the
following in its place:
"Owner shall assume full responsibility for normal inspection fees required by the
City of Coppell. CONTRACTOR shall assume full responsibility for overtime
inspection charges charged by the City of Coppell."
SC-7 of 8
SUPPLEMENTARY CONDITIONS (Continued)
13.5 TESTING ORGANIZATION
Delete paragraph 13.5 of the General Conditions and insert the following in its place:
"All inspections, tests or approvals shall be performed by organizations acceptable
to OWNER."
14.2 LIEN WAIVERS
Add the following language at the end of the second sentence of paragraph 14.2 of the
General Conditions:
"At time of application for payment CONTRACTOR will provide an executed
lien waiver on the form provided by the CONTRACTOR and approved by the
OWNER".
14.6 ENGINEER'S RECOMMENDATION
Delete paragraph 14.6 of the General Conditions.
14.7 PAYMENT TO CONTRACTOR
Add the following language at the end of paragraph 14.7.4 of the General Conditions:
"All approved payment requests not paid within the time limits of the Contract
will carry interest at prime plus 2 % on the unpaid balance beginning 30 days after
due date of each invoice."
"Ih'ice to be in accordance with the prime rate established at the lending
institution for the note."
14.8 SUBSTANTIAL COMPLETION
The ENGINEER may choose to waive the provisions for issuance of a Certificate of
Substantial Completion at his option if he deems it unnecessary due to final payment and
ending of contract being subsequent to a f'mal acceptance letter from the City.
14.13 FINAL PAYMENT AND ACCEPTANCE
Add the following language to the forth sentence after the work "documentation . . .'*
"including in said documentation will be a letter of acceptance from the
appropriate governmental agency."
SC-8 of 8
DIVISION 1
GENERAL REQUIREMENTS
DIVISION 1. - GENERAL REQUIREMENTS
Item 1.1 ABBREVIATIONS
Whenever the abbreviations defined herein occur on the plans, in the specifications, contract,
bonds, advertisement, proposal or in any other document or instrument herein contemplated or
to which the specifications apply or may apply, the intent and meaning shall be as shown below.
AASHTO American Association of State Highway and Transportation
Officials
Ac. Acres
ANSI American National Standards Institute
ASA American Standards Association
Asph. Asphalt
ASTM American Society for Testing Materials
AT&SF Atchison, Topeka & Santa Fe Railwad
Ave. Avenue
AWS American Welding Society
AWWA American Water Works Association
B/B Back-of-curb to Back-of-curb
Bldg. Building
Blvd. Boulevard
CH Chord of Curve
Cl Cast Iron
CL Centerline
CMP Corrugated Metal Pipe
CO Cleanout
Conc. Concrete
Cond. Conduit
Const. Construct
Corr. Corrugated
Cr. Circle
Ct. Court
Cu. Cubic
Culv. Culvert
CY Cubic Yard
Dia. Diameter
DPL & DP & L Dallas Power & Light Company
Dr. Driveway or Drive
Elev. Elevation
Esmt. Easement
Exist. or Ex. Existing
F Fahrenheit
F/F Face-of-curb to Face-of-curb
GR-1 of 10
DIVISION 1. - GENERAL REQUIREMENTS (Continued)
Item 1.1 ABBREVIATIONS (Continued)
FH Fire Hydrant
FL Flowline
Ft. or ' Foot or Feet
Gal Gallon
GTE General Telephone Company
GV Gate Valve
Hdwl. Headwall
HP Horsepower
Hr. Hour
ID Inside Diameter
In. or" Inch or Inches
L Length of Curve
Lat. Lateral
Lb. Pound
LF Linear Foot or Feet
Lin. Linear
Ln. Lam
LSG Lone Star Gas Company
Max. Maximum
MH Manhole
Min, Minimum
Mono. Monolithic
NCTCOG North Central Texas Council of Governments
No. Number
OD Outside Diameter
%- · Percent
PC Point of Curvature
PCC Point of Compound Curvature
PI Plasticity Index of Point of Intersection
PRC Point of Reverse Curvature
PSI Pounds per Square Inch
PT Point of Tangency
PVC Polyvinyl Chloride or Point of Vertical Curvature
PVT Point of Vertical Tangency
R Radius
RCCP Reinforced Concrete Cylinder Pipe
RCP Reinforced Concrete Pipe
Reinf. Reinforced or Reinforcing
Rem. Remove
Rep. Replace
Ret. Retaining
GR-2 of 10
DIVISION 1. - GENERAL REQUIREMENTS (Continued)
Item 1.1 ABBREVIATIONS (Continued)
R/W, R-of-W, or
R.O.W. Right-of-Way
Snni. or San. Sanitary
SD Storm Drain
SS Sanitary Sewer
Sq. Square
St. Street or Storm
St~. Station
Std. Smnda~
SWBT or SWB Southwestern Bell Telephone Company
SY Square Yard
T 'Tangent Length of Curve
TESCO Texas Electric Service Company
THD or SDHPT Texas State Department of Highways and Public Transportation
Tr. Terrace
UE Underground Electric Cable
UT Underground Telephone Cable
VC Vertical Curve
VCP Vitrified Clay Pipe
Vert. Vertical
Vol. Volume
VPI Vertical Point of Intersection
W Water Line
WUT Co. Western Union Telegraph Company
Yd. Yard
Item 1.2 SUMMARY OF WORK
The work required to be completed in this contract will include:
1. Demolition of all trees not shown to be protected. Off-site disposal of demolition
2. Stripping the site and placing strippings in yard areas.
GR-3 of 10
DIVISION 1. - GENERAL REQUIREMENTS (Continued)
3. Cut and fill streets and alleys to subgrade elevation under pavement to within plus
or minus 0.2 of a foot. Subgrade elevation will be the bottom of the concrete
pavement and will extend 18 inches beyond the back of curb.
4. Cut and f'fll lots to pad elevations indicated on grading plan to within plus or
minus 0.3 of a foot.
5. Grade swales on lots at 1%, in a manner to prevent ponding of water.
6. Compacted fill to be placed in accordance with Specifications, Soils Report, and
Data Sheet ?9-G.
7. Regrading streets and alleys to finished subgrade. All streets and alleys should
be substantially to grade, plus or minus 0.1 of a foot with local deviations of not
more than 0.2 feet.
8. Construction of all paving shown on the plans including medians, integral curb,
conduits, and sidewalk. Construction to include preparation of subgrade, utility
adjustments, sawing and jointing of pavements, signage for traffic flow,, and
backfill.
Item 1.3 SCHEDULE OF WORK
It is the intent of the Owner to award the Paving Contract to the same Contractor.
The CONTRACTOR will be allowed to perform the various tasks included in this contract in
any order consistent with the timely completion of the work except for the following:
1. The CONTRACTOR will allow the utility contractor to access the site and install
water, sanitary sewer, and storm drainage facilities after grading is completed and
verified.
2. The CONTRACTOR will allow other contractors to access the site and install a
conduit under proposed paving as directed by the OWNER, after grading is
completed and verified.
3. The CONTRACTOR will allow the utility contractor to access the site and
complete inlets as soon as pavement has been poured and to install meter boxes,
headwalls or make adjustments to the utility construction as soon as pavement has
been backfilled.
GR-4 of 10
DIVISION 1. - GENERAL REQUIREMENTS (Continued)
4. The CONTRACTOR will allow access to the site by other contractors as directed
by the OWNER for the purpose of construction of other improvements.
Item 1.4 MEASUREMENT AND PAYMENT
All item~ of Construction will be paid for in accordance with the units of measurement shown
in the proposal and the conditions as follows:
1. Excavation will be measured in cubic yards in place. Contract quantities will be
used and assumed accurate unless Engineer is notified of discrepancies by the
Contractor.
2. Overeutting street subgrade will be measured in stations (100-foot lengths) and
will only be performed when and where authorized by the Engineer.
3. No separate payment will be made for stripping, stockpiling, demolition, off-site
work or action required by thi.~ contract. The cost of these items should be
included in bid item for excavation.
4. Paving and Subgrade preparation will be measured in square yards. No deduction
will be made for inlet blockouts. Plan dimensions will be used and assumed
accurate unless ENGINEER is notified of discrepancies by the CONTRACTOR.
5. Conduits and sawed breakout groove will be measured in linear feet on the
horizontal plane. Vertical lengths of items will not be measured.
6. Textured paving, and sidewalk will be measure in square feet.
Item 1.5 SUBMITTALS
In conjunction with the Contractor's bid, the Contractor will submit the following schedules in
accordance with paragraph 2.6 of the General Conditions:
GR-5 of 10
DIVISION 1. - GENERAL REQUIREMENTS (Continued)
Item 1.5 SUBMITTALS (Continued)
1. An estimated progress schedule showing the estimated starting and completion
times, in days, from notice to proceed for the major components of the work.
Show time for cleanup, testing and inspection in the schedule. If work will be
left after move-out until another contractor's work is completed, such as benching
of lots, then reference that time from notification from Engineer of second move-
in.
2. If the Contractor anticipates requesting partial payment for any incomplete lump
sum items, submit a schedule showing the values of the various stages of
construction of that item. The unit prices in the proposal will serve as the
schedule of values used to determine partial payments.
Item 1.6 TESTING
Testing within street and alley right-of-way will be in accordance with City of Coppell
requirements and will be paid for by the Contractor. Retests due to original test failure shall
be at the Contractor's expense. All other testing required shall be provided by the Contracwr.
Tests for lot grading will be paid for by the OWNER.
Item 1.7 UTILITIES
The OWNER will not furnish water, electric power or any other utility required for performance
of the Work. CONTRACTOR shall furnish these items and the cost thereof included in the
related unit prices for the Work.
Item 1.8 SECURITY
The Contractor will be responsible for the security of his work and survey staking for his work
from the time he is given notice to proceed until the Owner's final payment and acceptance of
the Work. Security measures taken by the Contractor shall not prevem access to the site by
persons conducting business at the site. The Contractor shall take steps to identify any
trespassers on the site which his workmen may observe during the conduct of their work if the
trespassers are observed or suspected of theft, vandalism of the property or dumping and shall
report such incidents to the Engineer.
GR-6 of 10
DIVISION 1. - GENERAL REQUI~'.MENTS (Continued)
Item 1.9 DUST CONTROL
It shall be the Contractor's continuous respomibility at all times, including nights, holidays,
weekends, etc., to m,intzin the work area relatively free of dust in a manner which will not
cause inconvenience to the public. Dust control will be achieved by the application of water by
sprinkling in amounts sufficient to control dust.
Item 1.10 EROSION CONTROL AND DRAINAGE
It shall be the Contractor's responsibility to maintain adequate temporary surface drainage during
construction so as to prevent flooding and nuisance ponding. Where surface drainage channels
are disturbed or blocked during construction, they shall be restored to their original conditions
of grade and cross section after the work of construction is completed. The Contractor shall
take all precautions required to prevent soil erosion during the construction. If excessive erosion
occurs, the Contractor shall take immediate measures to prevent further erosion and correct the
damages.
The Contractor's attention is directed to the Code of Federal Regulations (CFR) Section 33,
Parts 320 through 330 COllcerning Cveneral Regulation Policy of the Corps of Engineer
concerning "waters of the United States." The Contractor shall avoid releasing excavated or
dredged materials, construct coffer dams, or perform the work in a manner which shall violate
the applicable CFR regarding 404 Permits such that an additional or separate 404 Permit is
required on this project. The cost for any special improvements, or damages assessed by the
Corps of Engineer due to the negligent acts of the Contractor may be deducted from payments
due to the Contractor by the Owner.
Item 1.1i TRESPASSING'ON ADJACENT PROPERTY
The Contractor shall be responsible for keeping his works and equipment off the adjacent
property. All heavy equipment work required for this contract should be accomplished within
the project boundaries. All damage to adjacent property due to the Contractors operation will
be the responsibility of the Contractor.
Item 1.12 TRAFFIC CONTROL
The Contractor shall be responsible for providing traffic control during the construction of this
project consistent with the provisions set forth in the latest publication of the
GR-7 of 10
DIVISION 1. - GENERAL REQUIREMENTS (Continued)
Item 1.12 TRAFFIC CONTROL (Continued)
"Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the
authority of the "State of Texas Uniform Act Regulating Traffic on Highways," codified as
Article 6701d Vemon's Civil Statutes, pertinent sectiom being Section Nos. 27, 29, 30 and 31.
The Contracwr will not remove any regulatory sign, instructional sing, street name sign, or
other sign which has been erected by the City. If it is determined that a sign must be removed
to permit required construction, the Contractor shall contact the City of Coppell to remove the
sign. In the case of regulatory signs, the Contractor must replace the permanent sign with a
temporary sign meeting the requirements of the above-referenced manual, and such temporary
sign must be installed prior to the removal of the removal of the permanent sign. If the
temporary sign is not installed correctly or if it does not meet the required specifications, the
permanent sign shall be left in place until the temporary sign requirements are met. When
construction work is completed to the extent that the permanent sign can be re-installed, the
Contractor shall again contact the City of Coppell, to re-install the permanent sign and shall
leave his temporary sign in place until such re-installation is completed.
Payment for work and all associated appurtenances required for traffic control shall be
considered as incidental to the cost of the project.
Item 1.13 TRENCH AND SUBSURFACE CONSTRUCTION
The Contractor's attention is directed to Federal Laws contained in the Occupational Safety and
Health Act of 1970 and the standards and regulations issued thereunder. The Contractor is
directed to comply with these and all other applicable federal, state and local laws. It is the
Contractor's responsibility to instruct his workmen in the proper safety standards and monitor
his activities in insure compliance.
Item 1.14 INSPECTION
The Contractor shall notify the appropriate department in the City of Coppell prior to beginning
construction and shall keep them informed as to the schedule for performance of the Work.
GR-8 of 10
DIVISION 1. - GENERAL REQUIREMENTS (Continued)
The Contractor shall not remove any tr~s or shrubs unless such removal is called for in the
plans or written authorization is received from the Owner. Trees shall not be pruned without
permission from the Owner. Any trees or other i~ndscape features to be saved which become
scarred or damaged by the Contractor's operations hall be restored or replaced at the Contractor'
expense. Trimming or pruning to facilitate the work will be permitted only by experienced
workmen in an approved manner. Pmmd limbs of one-inch (1") diameter or larger shall be
thoroughly treated as soon as possible with a tree wound dressing.
Item 1.16 FILL REQUIRF. b~NTS FOR LOTS
All earth ~l should be placed in accordance_ with the soil report recommendations and
specifications of Data Sheet 79-G. Proper drainage must be maintained to prevent ponding
water.
When shale or limestone or other rock materials are placed in the fill areas, the rocks shall be
broken to six-inch diameter or less and shall be mixed with on-site soils to avoid void areas in
the fill. Disking may be required to insure good mixing of rock arid soil.
Item 1.17 FILL REQUIREMENTS FOR STREETS AND ALLEYS
All fill within the street and alley fight-of-way shall be in accordance with City of Coppell
Requirements and Specifications.
Item 1.18 CLEANUP
During construction, the Contractor shall at all times keep the job site free from waste, debris
and rubbish, and shall msintsin a daily routine of cleanup. All trees, stumps, slashings, brash
or other debris to be removed from the site shall be disposed of in such a manner approved by
the Engineer. Burning of trees and/or trash, etc. will not be permitted. The Contractor is
responsible for protecting existing improvements and must keep the pavement and sidewalks
clean as required by the City of Coppell.
Item 1.19 TECHNICAL SPECIFICATIONS
Materials and Method of Construction for all items to be constructed under this contract shall
be in conformance with the Standard Specifications for Public Works Construction, North
GR-9 of 10
DIVISION 1. - GENERAL REQUIREMENTS (Continued)
Central Texas, published by the NCTCOG, and the City of Coppell Provisions thereto. These
standard specifications are included in the Contract Documents by reference. Copies of these
specifications are not supplied to the Conu'actor. The Contractor can obtain copies of these
specifications from the City of Coppell and the North Central Texas Council of Governments.
Item 1.20 CONSTRUCTION TOLERANCE
The grades constructed by the Contractor for streets and alleys shall be within 0.1 foot of the
plan grade. All other surfaces shall be within 0.3 foot of plan grade.
GR-IO of 10