Riverchase(3)-CN 920801D ~ N A. TIPTON. !NC.
CONSULTING ~ENGiNEI~RS
CONTRACT DOCUMENTS AND
SPECIFICATIONS
FOR
UTILITY IMPROVEMENTS
TO SERVE
RIVERCHASE ADDITION
COPP~.T., TEXAS
A[~;~ST 1992
I~BLIC PI~0P~ ~, INC.
8440 #alnut Hill Lane
~allas, Texas 75231
~~ BY:
TI~ ~~G, INC.
6330 ~lt Line Rd., ~ite C
~1~, ~ 75043
c = 3758. uti
-- TABLE OF CONTENTS
DI~WISION0 - BIDDING ANDCONTRACT~EQUIPJ~'~
Section B Invitation to Bid
Section I Instructions to Bidders
Section P Proposal
-- Section A Agreement
Section PB Performance and Payment Bonds
Section MB Maintenance Bond
Section CI Certificate of Insurance
Section GC General Conditions
Section SC Supplementary Conditions
DI~ISION I -
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 1.10 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 InsDection
Item 1.15 Trees and Shrubs
Item 1.16 Cleanup
Item 1.17 Technical Specifications
SECTION B
I~ITATION TO BID
SECTION B
INVITATION TO BID
Sealed Proposal addressed to REPUBLICPROPERTIESGROUP, INC. for
construction of Water, Sanitary Sewer and Storm Drainage
Improvements for RI~HASE ADDITION in accordance with the
contract documents prepared byTipton Engineering, Inc. (Engineer)
will be received at the offices of Tipton Engineering, Inc., until
June 29, 1992. 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 t/~e 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
~he Owner, as determined by the Owner (refer to Section 1-16 of
Instructions to Bidders).
B-1 of i
SECTION I
INS~UCTIONS TO BIDDERS
S~ION I
IN~U~ONS~BIDD~
1. Defined Ter~s.
Terms used in these instructions to Bidders 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. 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 mBidding 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 be 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 .b~ 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 financial data, present commitments and available
equipment, and will submit such data within five days of Owner's
written request.
I-1 of 9
SECTION I (Continued)
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, (b)
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
the 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 concerning 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
conditions (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 necessar~.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 advance, 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
SF~"TION I (Continued)
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 performing the Work are
identified in the Contract Documents. All additional lands
and access thereto 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 B~dder 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
~" identificationof those reports 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
reports, except as qualified in the report, but no upon non-
technical data, interpretations or opinions contained therein
or for the completeness thereof fort he 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 reports will be made available by Owner to any
Bidder on request. Those reports 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.
5. Interpretations and Addenda.
5.1 A11questions about the meaning or intent of the Contract
Documents are to bedirectedtoEngineer. Interpretations or
I-3 of 9
SECTION I (Continued)
clarifications considered necessary byEngineer 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 beso 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 answered 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 TiBe.
7.1 The time for Substantial Completion and/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 byOwner 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 timethe 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 untilthe project is completed and a letter of acceptance
I-4 of 9
SECTION I (Continued)
is issued by the City. If there are items of work 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. Liqui~atedDamages.
Provisions for liquidated damages, if any, are set forth in the
Agreement.
9. Substitute or wOt-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 naming a substitute or "or-equal" item
prior to receipt of bids. The procedure for submission of any much
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 Supplementary 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 bemubmitted to
Owner in advance of the specified date prior to the Effective
Date of theAgreement, 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. If Owner or Engineer after due investigation has
I-§ of 9
S]~TION I (Continued)
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 makewritten 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. P~opo~al
11.1 The Pro.posal is included in the Bidding Documents~
additional copies may be obtained from Engineer (or the
issuing office)'. All Bids must besubmitted 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 ~xecuted 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.
I-6 of 9
SECTION I (Continued)
11.4 Bids bypartnerships 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.
11.5 Ail 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).
11.7. 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. S~l~.~ion Of
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 prgject title (and, if
-- applicable, the designatedportion oft he Pro]ect for whichthe 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
hisProposal at the proper place bythe time stated. The mere fact
that a Proposal was dispatched will not be considered.
13. ~o~ifi~ation an~#i~wal of
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.
Bids will be opened privately. An abstract of the amounts of
the base Bid and major alternates (if any) will be made available
to Bidders at such time as authorized by Owner.
I-7 of 9
SECTION I (Continued)
15. Bids to~in Subject toAcceptance.
Ail 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 date.
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 byOwner.
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 f~gures 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 thequalifications 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
operatLng 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.
I-8of9
SEC~IO# I (Continued)
16.5 If the contract is tO obfe awarded, Owner will give the
Successful Bidder a Notice Award within forty five days
after the day of the Bid opening.
17. Con~ract S~ourity.
Paragraph 5.1 of the General Conditions 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 bythe required number of unsigned counterparts
of the Agreement with all other written Contract Documents
-- attached. Within fifteen days thereafter Contractor shall sign and
deliver the required number of counterparts of the Agreement and
attached documents to Owner with the required Bonds. Within ten
days thereafterOwner shall deliver one fully signed counterpart to
contractor.
19. Retainage.
Provisions 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
coordination of the Work is these contracts is provided in the
Supplementary Conditions.
I-9 of 9
SECTION P
PROPOS~
SECTION P - P~OPOSAL
WATER, SANITARY SEWER & STOI~ DRAINAGE
I~T~A-~ AnDTT?ON
Coppe11, TEXAS
TO: R~]BLICPROPERTYGROUP, INC. DATE: AUGUST 1992
8440 #alnut Hill Lane
Dallas, Texas 75231
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 terms 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
submitthe Agreement with the Bonds and other documents required 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 12
S~CTION 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 carefuily studied (or assumes
responsibility for obtainingand carefully studying) all such
examinations, 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 saidunderground 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, reports and studies with the terms and conditions of
the Contract Documents.
P-2 of 12
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 the interest of or on
behalf of any undisclosed person, firm or corporation and is not
submitted in conformity with any agreement or rules 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,
firm 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.
5. BIDDER will complete the Work for the prices indicated in the
following schedule:
NO. & BIT D~CRIPTIO~ PRICE ~I~
1. 5,596 LF 8" SDR-35 PVC Sanitary $ 10.75 $60,157.00
Ten ~L~
and ~eventy F.~ve cents
~r linear foot
2. 2,219 LF 12" SDR-35 PVC Sanita~ 13.25 29,401.75
~rteen ~~S
and ~enty F~ve cents
per linear f~t
3. 22 ~ 4' Diameter Manhole 1,035.00 22,770.00
One ~ous-nd Thirty F~ve ~L~S
and No cents
~r each
P-3 of 12
SECTION P (Continued)
IT~ QUANTITY UNIT TOTAL
NO. & UNIT DESCRIPTION PRICE PRICE
SANITARY SEWER (cont):
4. 161 EA 4" SDR-35 PVC Services $ 199.00 $32,039.00
One Hundred N~net¥ N4ne DOLLARS
and No cents
per each
5. 7,815 LF Trench Safety 0.50 3,907.50
~ero DOLLARS
and F4fty cents
per linear foot
6. 1 EA Sewer Test 9,999.00 9,999.00
N{ne Thousand N~ne Hundwed N4ney N4ne DOLLARS
and No cents
per each
7. 200 LF Concrete Encasement 17.00 3,400.00
~eventeen DOLLARS
and No cents
per linear foot
8. 2 EA Connect to Existing Sewer 350.00 700.00
Three Hundred F~fty DOLLARS
and No cents
per each
TOTAL SE~ER $162,374.25
P-4 of 12
SECTION P (Continued)
ITEM QUANTITY UNIT TOTAL
NO. & UNIT DESCRIPTION PRICE PRICE
WATER NAINS:
1. 8,100 LF 8" DR-18 PVC Water Main 10.86 87,966.00
Ten DOT.T~RS
and ~.~ ght¥ ~ x cents
per linear foot
2. 140 LF 6" DR-18 PVC Water Main 9.13 1,278.20
N~ ne DOT.T.~RS
and Th~ rteen cents
per linear foot
3. 20 EA 8" Gate Valve 356.00 7,120.00
Three H-~d~ed F~ ~y S~x DOLLARS
and No cents
per each
4. 14 EA 6" Gate ValYe 260.00 3,640.00
Two H-ndred ~{xty DOLLAR5
and No cents
per each
5. 162 EA Water Service 244.00 39,528.00
TWO H~mde'ed Fo~'t¥ Fou~ DOLLARS
and No cents
per each
6. 162 EA Meter Boxes 55.00 8,910.00
F4fty F4ve DOT~T.J~.Q.~
and No cents
per each
P-5 of 12
SECTION P (Continued)
IT~ QIIANTITY UNIT TOTAL
NO. & UNIT DESCRIPTION PRICE PRICE
WATEBNAINS (cont):
7. 14 EA Fire Hydrants $999.00 $13,986.00
N~ne ~,ndred N~n~ty N.{ne DOLLARS
and No cents
per each
8. 4 TNS Cast Iron Fittings 1,850.00 7,400.00
One Tho-sand ~ght Hundred Fifty DOLLARS
and No cents
per ton
9. 8 CY Concrete Encasement 85.00 680.00
~ghty F~ve DOLLARS
and ~o cents
per cubic yard
10. i EA Water Test 1,400.00 1,400.00
One Tho-~A~d FO,~ ~ed DOLLARS
and No cents
per each
11. 8,240 LF Trench Safety 0.15 1,236.00
~ero DO?.?~I~S
and No cents
per linear foot
12. I EA Connect to Exist Water 250.00 250.00
Two Hund~e~ F~ty DOLLARS
and No cents
per each
P-6 of 12
SECTION P (Continued)
~ ~U~T1TY U~IT TOTAL
NO. & UNiT DESCRIPTION PI~E PRICE
#~TERNA~NS {cont):
13. 2 EA 12" X 8" TS & TV 1,525.00 3,050.00
One Tho~-nd Five Hundred Twenty Five DOLLARS
and No cents
per each
TOTAL WATE~ $176,444.20
P-7 of 12
SECTION P (Continued)
IT~ QUANTITY UNIT TOTAL
NO. & UNIT DESCRIPTION PRICE PRICE
STORM SEWER:
1. 515 LF 21" Class III RCP 19.10 9,836.50
N~neteen DOLLARS
and Ten cents
per linear foot
2. 910 LF 24" Class III RCP 22.75 20,702.50
Twenty Two DOLLARS
and Seventy Five cents
per linear foot
3. 375 LF 27" Class III RCP 25.65 9,618.75
Twenty Five DOLLARS
and Sixty Five cents
per linear foot
4. 530 LF 33" Class III RCP 36.00 19,080.00
Thirty - ~x DOLLARS
and No cents
per linear foot
5. 972 LF 36" Class III RCP 40.11 38,986.92
Fourt¥ DOLLARS
and R]even cents
per linear foot
P-8 of 12
SECTION P (Continued)
mmmmmmmmmmmmmmmmmmmmmmmmmm
IT~ QU~TI~"Z UNIT ~TAL
NO. & UNIT DESCRIPTION PRICE PRICE
STORM SEWER (cont):
6. 18 EA 10' Standard Curb Inlet 1,680.00 30,240.00
One Thousand S~x H~nd~ed ~4ght¥ DOLLARS
and No cents
-- per each
7. 1 EA 10' Recessed Curb Inlet 1,830.00 1,830.00
One Tho~An~ ~ght Hundred Thirty DOLLARS
and No cents
per each
8. 23 EA Wye Connections 225.00 5,175.00
Two ~nd~ed Twenty F{ve DOLLARS
and No cents
per each
9. 1 LS Erosion Control - Inlets 750.00 750.00
Seven ~mnd~ed F4ft¥ DOLLARS
and No cents
per lump sum
P-9 of 12
SECTION P (Continued)
ITE~ QUANTITY UNIT TOTAL
NO. & UNIT DESCRIPTION PRICE PRICE
STORM SEWER (cont):
10. 3,302 LF Trench Safety 0.34 1,122.68
~ero DOLLARS
and Th~wty Fo~ cents
per linear foot
11. i EA Remove Recessed Inlet 350.00 350.00
Three Hundwed Fifty DOLLARS
and ~o cents
per each
12. i EA Type "A" Headwall on 24" 720.00 720.00
Seven H~ndved Twenty DOLLARS
and No cents
per each
13. i EA Type "A" Headwall on 27" 770.00 770.00
Seven H,,ndwed Seventy DOLLARS
and No cents _
per each
14. 2 EA Type "A" Headwa11 on 33" 1,400.00 2,800.00
One Thousand Four Hundred DOLLARS
and No' cents
per each
P-10 of 12
SECTION P (Continued)
NO. & UNIT DESCRIPTION PRICE PRICE
STORM SEWER (cont):
15. 2 EA Type #A" Headwa11 on 36" 1,500.00 3,000.00
One Thousand F~ve Hundred DOLLARS
and No cents
_ per each
TOTAL STORM S~WER $144,982.35
PROJECT~~AL $483,800.80
_ 16. I EA Payment & Performance Bond 8,356.00 8,356.00
~ght Tho~n~ Three ~,n~ed F~fty S~x DOr~.ARS
-- and No cents per each
PROJB~TTOTAL $492,156.80
6. BIDDER acknowledges that the quantities indicated in the
previous schedule are not guaranteed and maybe changed to conform
with the Work. BIDDER has read paragraph 9.10.2 of the
Supplementary Conditions and understands that the quantities shown
in the 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 fifty-
five (55) working days from the date when the contract time
commences to run.
P-11 of 12
SECTION P (Continued)
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 terms used in this Bid which are defined in the General
Conditions of the Construction Contract included as part of the
Contract Documents have the meanings assigned to them in the
General Conditions.
Respectfully submitted,
M~RRAYCONSTRUCTIONCO., INC.
B~: Oliver H. Murray
Title: PRESIDENT
515 N. Kealy Ave
Lewisville, TX 75057
(214) 436-4566
Submitted by: Murray Construction Co., Inc.
Doing Business as Murray Construction Co., Inc.
Communication concerning this Bid should be directed to the
attention of Oliver H. Murray
P-12 of 12
SECTION A
AGRE~/~ENT
SECTION A
BE'I~EI~I ~ AND CONTRACTOR
THIS AGREEMENT is dated as of the of , 1992, by and
between REPUBLICPROPERTIESGROUP, INC. (hereinafter called OWNER),
and NURRAYCONSTRUCTIONCO., INC. (hereinafter called CONTRACTOR).
OWNER AND CONTRACTOR, in consideration of the mutual covenants
hereinafter set forth, agree as follows~
A~tic]e 1. ~O~K
CONTRACTOR shall complete all Work as specified or indicated in the
Contract Documents. The Work is generally described as follows~
WATER, SANITARY SE~ER, STORNDRAINAGR INPRO~S
The Project for which~he Work under the Contract Documents may be
the whole or only a part is generally described as follows:
DEVELOP~ENTPLANS -RIVERCHASRADDITION
The Project has been designed by TIPTON RNGINEERING, INC., who is
hereinafter called ENGINEER and who is to act as OWNER'S
representative, assume all duties and responsibilities and have the
rights and authority assigned to ENGINEER in the Contract Documents
in connection with the completion of the Work in Accordance with
the Contract Documents.
A~ticle 3. CON~AC~TTN~
3.1 The work will becompletedand ready for final payment in
accordance with paragraph 14.13 of the General Conditions
within fifty-five (55) 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 the same number of
days.
A-1 of 6
SECTION A (Continued)
A~t~c]e 3. CONT~"TTTNR (Continued)
3.2 LiquidatedDamages. OWNER AND CON~CTOR recognize that
~e time is of the essence of this Agreement and O~ER will
suffer financial loss if the Work is not completed within the
times specified in paragraph 3.1 a~ve, plus any extensions
thereof allowed in accordance with ~ticle 12 of the General
Conditions. ~ey also recognize the delays, expense and
difficulties involved improving ina legal ~r arbitration
proceeding the actual loss suffered by O~ ~f the Work is
not completed on time. Accordingly, instead of requiring any
such proof, O~ and CONCUR agree that as li~idated
d~ages for delay (but not as a penalty CONT~CTOR shall ~ay
0~ $500.00 for each day that expires after the t~me
specified in paragraph 3.1 when the Work is approved and ready
for final pa~ent.
A~icle 4. ~~ffi~TC~
4.1 O~shall pay CON~CTOR for completion of the Work on
a Unit Price Work Basis in accordance with the Contract
Doc~ents in current funds based on the contract the s~ of
which is ~499~6.S0, ~antities and unit prices stated in the
proposal or as m~ified by change order.
~c]e 5. PA~~~
CO~~OR shall s~mit Applications for Pa~ent in accordance with
~icle 14 of the General Conditions. Application for Pa~ent will
ePr~essed ~ ~GINE~ as provided in the General Conditions.
Contractor's application for pa~ent shall consist of an
itemized list, according to the pro~sal items of the work
perfo~ for the mon~ and the total work completed on the job.
5.1 ~~s Pa~n~. O~ER shall m~e progress pa~ents
on account of the Contract Price once basis of CON~CTOR'S
Applications for Pa~ent as reco~ended by ENGINE~, on or
a~ut ~e fifteenth (15th) day of each month during
construction. All progress pa~ents will be on the basis of
the ~it process stated in ~e pro,sa1 and the completed
~its of work as dete~ined by ENGINE~ minus ten percent
(10%) retainage to ~ held by 0~ until final pa~ent but,
in each case, less the aggregate of pa~ents previously made
and less such ~o~ts as ~GINE~ shall dete~ine, or O~ER
~y wit~old, in accordance with paragraph14.7 of the General
Conditions.
A-2 of 6
SECTION A (Continued)
5.2 Final Payment. 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 byENGINEERas provided in said paragraph
14.13.
A~ctcle 6. TN~T
Ail 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.
A~ttcle 7. CON~CTOR'~ P~RNTA~TON~
In order to induce OWNER to enter into this Agreement CONTRACTOR
makes the following representations:
7.1 C/)NTRACTOR 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 finishing of
the Work.
7.2 CONTRACTOR has studied carefully all ray affect cost,
progress, performance or furnishing of the Work.
7.3 .C~.~T~? has studied carefu11~ .all reports of
explorations and tests of subsurface condlt~ons 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 oft he Supplementary Conditions of the extent
of the technical data contained in such reports and drawings
upon which CONTRACTOR is entitled to rely.
7.4 COI~14~ACTOR 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
ra~ra~h 7%~Labove)' which ~ertain to the subsurface or
ys~ca~ conap=ions a= or contiguous tot he site or otherwise
may affect the cost, pro~ress, performance or finishing of the
Work as CONTRACTOR considers necessary for the performance,
A-3 of 6
~:.4c]e 7. COI~'~I~&C'V~OR~ R~'Pl~PI'A~VONS (Continued)
or furnishing of 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 paragraph4.2 of the General Conditions; and
no additional examinations, investigations, explorations,
tests, reports, studies or similar information or data are or
will be required by CONTRACTOR for such purposes.
7.5 CONTRACTOR 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,
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, withinthe
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.
7.6 CONTRACTOR has correlated the results of all such
observations, examinations, investigations, explorations,
tests, reports and studies with the terms and conditions of
the Contract Documents.
7.7 CONTRACTOR has given ENGINEER written notice of all
conflicts, errors or discrepancies that he has discovered in
the Contract Documents and the written resolution thereof by
ENGINEER is acceptable to CONTRACTOR.
A'rt4cle 8.
The Contract Documents which comprise the entire agreement
between OWNER and CONTRACTOR concerning 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-ii,
inclusive).
8.4 General Conditions (pages GC-3 through GC-32, inclusive).
A-4 of 6
A~t.i ¢] e 8. CONTraCT DOCUN~NT~ (Continued)
8.5 Supplementary Conditions (pages SC-1 through SC-8
inclusive).
8.6 General Requirements (pages GR-1 through GR-8,
inclusive).
8.7 Specifications bearing the title Standard Specifications
for Public Works Construction, North Central Texas,
"Development Plans for RIVERCHASE ADDITION" and sheets
n~hered i through 18, 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 18 sheets bearing the title
"Development Plans, ~CHASEADDITIONm. 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.
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 rights under or
interests in the Contract Documents will be binding on another
party hereto without the written con~ent of 9he party sought
to be bound, and specifically but without l~mitation mon~es
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 law), 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-5 of 6
SECTION A (Continued)
9.3 OWNER and CONTRACTOR each binds itself, its.partners,
successors, assigns and legal representatives 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 NITNP~S, WHEREOF, O~ER 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 identifiedbyOWNERand CONTRACTOR or byENGINEER on
their behalf.
This Agreement will be effective on , 1992.
I~JBLIC PROPERTY GROUP, INC. MURRAY CONSTRUCTION CO., INC.
JERRY W. RAGSDALE OLIVER H. MURRAY
ITS VICE PRESIDENT PRESIDENT
4880 Walnut Hill Lane 515 NO Kealy Ave
Dallas, Texas 75231 Lewisville, Texas 75057
Attn: Mr. JERRY W. RAGSDALE Attn: Mr. OLIVER H. MURRAY
Attest: Attest:
A-6 of 6
-- SECTION PB
PERFOP/~d~CE ~d~D PAYMENT BOND
SECTION MB
~AI NTENANCE BOND
-- SECTION CI
CERTIFICATE OF INS~A~CE
SECTION GC
GENE~ CONDITIONS
STA~.~
GENERAL CONDITIONS
OF TI~
- CONSTRUCTION CONTRACT
- Prepared by
Engineers' Joint Contract Documents Committee
and
Issued and Published Jointly By
PROFESSIONAL ENGINEERS I~ PRIVATE PKACTI~E
A practice division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
AMERICAN CONSULTING ENGINEERS COUNCIL
AME.KICAN SOCIETY OF CIVIL ENGINEERS
CONSTRUCTION SPECIFiCATIONS INSTITUTE
This document has been ~ipproved and endomcd by
Thc AssociatedGene~_''~-'-'uContr~ctors of America
These Gene.'-a.I Conditions have been prepared for use with thc Owner-Contrac:or Agreements (No.
1910-8-A-1 or 1910-8-A-2, I983 editions). Their provisions arc interre!a~ed and'a change in one may
necessitate a change in thc others. Comments concerning their usage are contained in thc Commcatar,/
on Agre.-mcnts for Engine.-r/ng Services. and Contract Documents, No. 1910-9, !981 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
Instmc,.ions to Bidders (No. I.OI0-12. 1983 edition) may be used.
]983 Nat/onaJ Society of l:¥o£essionaJ Engineers
1420 King Sir,':!, Alexandria, VA 223]4
AmeH:an Consulting Engineers Council.
1015 lSth Street. N.W., Washington, D.C. 20005
American $oci-.ty of Civil Engineers
345 E~sl 47th Str.-ct, New York, NY 10017
Construction $~tcif~c:~ions Institute
601 ~,tadison Si.. Alexandria, VA 2~14
TABLE OF CONTENTS OF GENERAL CONDITIONS
-- Article
Number 77tie Page
I DEFINItiONS ...................................................... 7
2 PRELIMINARY MATTERS ........................................ ' 8
3 CONTRa, CT DOCUMENTS:
INTENT. AMENDING AND REUSE .................. : ............
4 AVAILABILITY OF LANDS; PHYSICAL CONDITIONS;
REFERENCE POINTS .............................................. I0
.5 BONDS AND INSURA~NCE :'
6 CONTRACTOR'S RESPONSIBILiTiES ............................ 14
7 OTHER WORK ..................................................... 18
8 OWNER'S RESPONSIBILITIES .................................... 19
9 ENGINEER'S STATUS DURING CONSTRUCTION ..............
I0 CHANGES IN THE WORK ......................................... 21
11 CHANGE OF CONTRACT PRICE .................................. 2I
12 CHANGE OF CONTRACT TLME ........................... ' ' 24
13 WAR.RANTY AND GUARANTEE: TESTS AND
INSPECTIONS; CORRECTION, REMOVAL OR
ACCEPT.~-'4CE OF DEFECTIVE WORK ...........................
14 PAYMENTS TO CONTRACTOR AND COMPLETION ............ 26
I$ SUSPENSION OF WORK AND TERMINATION .................. 29
16 ARBITRATION ..................................................... 31
17 MIS~ELL.auNEOUS ................................................. 32
INDEX TO OENEKAL CONDITIONS
Article or Paragraph
' Number
Acccptanc~ of Insm'an~ ............................. $.13 Contractor's Warranty of TRle ........................ 14.3
Access to the Work .................................. 13.2 Contmctor~-othcr ...................................... 7
Addenda---definition of (s,~ definition of ' Contractual Liability Insurance ........................ .f.4
Spccifiaations} ........................................ I Coordinating Contramor--defnition of ................ 7.4
Agrc=mcnt--dcfnition of ................................ I Coordination .......................................... 7.4
All Risk Insurance ..................................... $.6 Copies of D~cuments ..................................
Amendment, WHiten ............................. l, 3.1.1 Corr~tion or RcmovaJ olD--receive Work ........... I5.11
Appliration for Payment--defnition of .................. I Correction Period, One Year ........................ 13.12
Application for Payment, Final ............... · ....... 14.12 Correction, Removal or Att,-prance of D~fer. tive
Appliration for Progress Payment .................... 14.2 Work--in general ........................... 13.11-I.3.14
Application for Progress Payment--review of .... 14.4-14.7 Cost--net decrease ................................. 11.6.2
Arbiu~tion ............................................. 16 Cost of Work .................................... II.~11.5
Authorized Variation in Work ......................... 9.5 Costs, Supplemental ................................ ! 1.4.5
AvaiIability of Lands ..................................
Award, Notice of.--dcfincd ............... ~ ...............I Day---definition of ....................................... I
Defecth,e--dcfnition of .................................
Befor~ Starting Construe:ion ...................... 2.5-2.7 Defective Work, Acceptance of' ...................... 13.13
Bid--definition of ....................................... I Defective Work, Correction or Removal of .......... 13.11
Bonds and Insurance--in g,,neral ........................ $ Defective Work-An general ............... 13, I;.7, 14. II
Bond., dc,'inition of ............................. : ....... I Defective Work, Rejec:ing ............................. 9.6
Bonds, Delivery of ........... ., ...................2. I, $. 1 Dcfnitions .............................................. 1
Bonds, Performance and Other 5.1-5.1 Delivery of Bonds - '
Dete.,"mination for Unit Prices ........................ 9.10
Cash Allowances ..................................... II.8 Disputes, Decisions by Engineer ................. 9.1]-9.12
Change Order.--dcfinition of ............ ~. ................ I Documents, Copies of ................................. 2.2
Change Orders--4o bc executed ............. ' 10.4 Documents, Record .................................. 6.19
Changes in abe Work ................................... I0 Documents, Reuse ' 5.6
Claims, Waiver of---on Final Pa{,mcnt ............... 14.16 Drawings.--dcfnition of .................................I
Clarifications and Intc,"prctations ........ , ............. 9.4
Cleaning ................................ ~ ............6.17 Easements ......... : ..................................4. I
Completion ............................................. 14 EH'cctive date of.4.greemcnt--dcfnition of ............... !
Completion, Substantial ......................... 14.8-14.9 Emergencies .................. : ......................6.~
Conference, Prcconstruction . . 2.g Enginc:r.-.-dctinition of ..................... l
Conllict, Error, Discre~ancy-.-Contractor Engineer's Decisions ............................ 9.10-9.12
to Report ...................................... 2.5, ~.3 Engineer's--Notice Work is Acceptable .............14.1~
Construction Machinery. Equipment, etc.' .............6.4 Engineer's Recommendation o£Paymcn! ...... l.i'.;, 14. I~
Continuing Work ..................................... 6.29 Engineer's Responsibilities, Limitations
Contract Dozumems-~am:nding and o~ .................................. 6.6, 9. JI, 9.1.3-9.16
supplementing .................................. 3.4-3.5 Engineer's Status During Construction~in gcnc:'aJ ...... 9
Contract Do:ument.s---de5nition oz' ...................... I Equipment, Labor, biaterials and .................. 6..3-6.6
Contract Documents--In:tnt ...................... 3.I-3.3 Equivalent Materials and Equipment .................. 6.7
Contract Documents--Reuse of ....................... 3.6 Explorations of physical conditions ...................~.2
Contract Price, Change of .............................. I1
Contract Pr~ce--.dcfnition ............................... I Fee. Contractor's~Costs Plus ........................ 11.6
Contract Time. Change of ..............................12 Fieid Order~e~nition of' ............................... I
Contract Time, Commencement of .................... 2.3 Fie!d Order--issued b~, Engineer ................ 3.$.1, 9.5
Core, cz T~me--det~nition of ............................ ~ Final Application/'or Payment ....................... 14. t2
Contrac:or---dcfnition of ................................ I Final Inspection . .'. .................................. 14. ! I
Contractor May Stop Work or Tc,,"m, ia-',te ............. 15.$ Final Payment and Acceplance ...................... I~. 13
Contractor's Continuing Obligation .................. 14.15 Final Payment, Recommendation of ........... 14.1~-14.14
Contractor's Duty to Report DiscreTancy
in Documents .................................. 2.5, 3.2 Gene."'ai Provisions .............................. 17.3-17.4
Contractor's Fee--Cost Plus ... 1 i.,:'.5.6, ! I..5.1, I 1.6- I 1.7 G~neral Requirements--deHnition of .....................
Contractor's Liability Insurance ........ ' ............ 5.3 Gcnc."al Requirements--principal
Contractor's Responsibilities--in gene:al ................ 6 refe.'en:es to ................. 2.6, 4.4, 6.4, 6.6-6.7, 6.23
f,;v;eE ~qotic~ .............., ........... , .............ILl Paymnnt$ to Conl;actor--whcn due ........... i,~.~. 14.13
Guarantee of Work--by Contractor ................... 13.1 Payments to Contra¢tortwithhotding ................ 14.7
Performance and other Bonds ..................... 5.1-5.2
~ Indemnification ................... ~'. ........ 6.30-6.32.7.5 Permits ............................................... 6.13
Inspection. Fim~l .................................... 14.11 Physical Conditions ........................ - ........... 4.2
Inspection. Tests and ................................. 13.3 Physical Conditions--Engineer's review ............. 4.2.4
Insurance, Bonds and--in general ....................... 5 Physical Condition.,--.-cxisting structures ............. 4.2.2
Insurance, C¢nificatcs of ........................... 2.7, 5 Physical Condition:; explorations and rcpar:s ....... 4.2.1
Insurance---completed operations ...................... 5.3 Physical Condir. ions---poss~lc document change ..... 4.2.5
Insur'a.ncc, Contractor's Liability .: .................... 5.3 Physical Conditions..-price and time adjustments .... 4.2.5
Insurance, Contractual Liability ....................... 5.4 Physical Conditions--ri:port of differing ............. 4.2.3
Insurance, Owner's Liability .......................... 5.5 PhyslcaJ Conditions--Under~:'ound Facilities .......... 4.3
Insurance, Propc."ty .............................. 5.6-5.13 Pr:construction Conference ........................... 2.8
Insuranc'e--Waiver of Rights ......................... 5. I I Preliminary Matte:'s ..................................... 2
Intent of Contract Documents ................... 3.3, 9.14 Premises, Use of ................................ 6.16-6.18
Interpretations and Clarifications ...................... 9.4 Price, Change of Conu"act .............................. I 1
Investigations of physical conditions ..........: ........ 4.2 Pr~ce-Contract.~clefinition of ............................ I
Pro~'¢ss Payment, Applications for ................... 14.2
I.~bor, Materi~s and Equipment .................. 6.3-6..~ Progress Payment--rcta/nage ......................... 14.2
Laws and R-'gulations~clefinition of ..................... I Pro~'css schedule ............... 2.6, 2.9, 6.6, 6.2.a, 15.2.6
Laws and Regulations.--gencral ....................... 6.14 Projec;~deHnition of .................................... I
Liability Insurance. Contractor's ..................... 5.3 Project Representation--provision for ................. 9.3
Liability Insumnce~wner's ......................... 5.5 Projec: Representative, Rcsident--deHnition of' ..........I
Liens~definitions of' ................................ 14.2 Project, Starting the ................................... 2.4
Limitations on Engineer's PrOl~ny Insurance ............................... 5.6-5. I3
Responsibilities ..................... 6.6, 9. I I, 9. I~-9.16 Property Insura~ce--Pactial U~ilization ............... 5. I5
Progeny Insuranc~Recaipt and Application
Mat e.-,ia/s and e~uipment~fumished by Contractor .... 6.3 of Proceeds ................................... 5.12-§. 13
Matc,~als and equipment--not Protection, Safety and ........................... 6.20-6.2 l
incorporated in Work .............................. 14.2 Punch list ........................................... 1-~. II
Materials or equipment--equivalent ................... 6.7
Miscellaneous Provisions ............................... 17 Recommendation of Payment ..~ ............... 1~.4, 14.13
b{ulti-primc contracts ...................................7 Recatcl Documents ................................... 6.19
Ref¢~nce Points ...................................... 4.4
Not/ce, Giving of ................ ; ....................17.1 Regulations, Laws and ............................ :.. 6.14
Notice of Ac:tp'.abiiity of Project ................... 14.13 Rej'.ating Defective Work ............................. 9.6
Notice of Award--definition of ............. : ............ I Re!ated Work at Site .............................. 7.1-7.3
Notice to Proceed--<leSnition of .........................I Remedies Not ]~x¢lusive ............................. 17.4
Notice to Proceed--giving of .......................... 2.3 Removal or Corre::ion of Defective Work ........... 13. I 1
Resident Project Reprcsentative~efinition of ...........1,
"Or-Equal" It:ms ..................................... 6.7 Resident Project Repr~senrative~provision for ........ 9.3
Other contrac:ors ....................................... 7 Responsmdmes, Cantrac:or's--in general ............... 6
Ot,¥r work .............................................. 7 Responsibilities, ~ngine-.r's.--in gene, al ................. 9
Ovc:':.ime Work--prohibition of ........................ 6.3 Responsi'oilities, Owncr's~in genc.'-al .................... 8
Own~'r--deHni,'ion of ...: ................................ i Reta.inage ............................................ 14.2
Owner May Coffee: Defective Work ................. 13.14 Rcuse of Documents .................................. 3.5
Own,-r May Stop Work .............................. 13.I0 Ri~ts of Way ......................................... 4.1
O~,'n.-r May Sus.:'cnd Work, Terminate .......... 1~. 1-15.4 Royalties, Patent F~s and ........................... 6.12
Own.-r's Duty to Excite C'hang.e O~--."s ............. 1 l.g
Ov,,'a. cr's Liability Insurance ........................... 5.5 Safe:y and Protectdon ............................ 6..?0-6.21
Owner's Representative--Engineer to serve as ........ 9.1 Sam, pies ......................................... 6.~-6.28
Ov,'ner's Responsibilities--in gene.-',..1 .................... 8 Schedule ofprogress ........ 2.6, 2.8-2.9, 6.6, 6.~, 15.2.6
Own.-r's.Scparate Representative-at site ...............9.3 ' Schedule of Shop Drawing
submissions ...................... 2.6, 2.8-2.9, 6.Z, 14.1
Pa.r~.~i Utilization .................................. 14.10 Schedule of values ...................... 2.6, 2.8-2.9, 14.1
P',..~.ial Utilization--definition of ' ! Schedules, Finalizing .................................. 2.9
l~-.rtiai Utilization--Property Insurance ............... 5.15 Shop Drawings and Samples ..................... 6.23-6.28
I~tent Fees and Royalties ............................ 6.12 Shop Drawings~-deHnition of ............................ !
P'~yments, Recommendation of ........... 14.4-14.7, 14.13 Shop Drawings, use to approve
Payments to Contractor~in general .................... 14 substitutions ...................................... 6.7.3
5
She. V;~;t{ t~by Engineer ........................... g?- Time. Compu-,,,~,,~ o, ..........................
Spccitfcations--.clcfinhion or' ............................. I Time, Com~ct---dc~nhion
S,-,rdaG Construction, Rc£on: ...................... 2.5-2.B
St.~rtin~ the T~ojcct ................ : .................. · 2.4 Uncovering Work ....................... : .......lt.S. 13.9
Stopping Work--.by Conu'actor ....................... 15.~ Underground Facilitics.-.-de~inition of ....................
Stopping Work--by Owner .......................... 13.10 Underground Facilities--not shown or indir, ated. ' 4.3.2
Subcontractor--definition of ............................. I Underground Facilities.--protection of ........... 4.3.6.20
Subcontractors--in general ....................... 6.84.11 Underground Facilities---shown or indicated ......... 4.3.1
Subcontra:u--required provisions ............ 5.1 I. 1, 6.11 Unit Price Work--.definition of .......................... 1
11.4.3 Unit Price Work--general ................. !1.9. 14.1.14.5
Substantial Completion--certification of ..............14.8 Unit Prices .........................................
Substantial Completion---definition at' .................... I Unit Prices, l~te,,"minations for ....................... 9.
Substitute or "Or-Equal~' Items .......................6.7 Use o£Premises ' 6.16-6.15
Subsurface Conditions ............................. 4.2-4'.3 Utility owners .......................... 6.13, 6.?0, ?.2-7.3
Supplemental costs ............................. .... 11.4~
Suppl~m-..n:ary Conditions--definition of ................ I Values,'Schedule of ......................... 2.6.1.9. 14.1
Supplementary Conditions---principal Variations in Work--Authorized ............ 6.'--<. 6.27, 9.5
refer=ncaa to ,. 2.2.4.2, $. 1.5.3, 5.6-5.8.6.3, 6.13, 6.~, Visits to Site--by Engineer ............................ 9.2
7.4, 9.3
Sugple.mentinS Contract Documents ............... 3.4-3.5 Waiver of Claims--on Final Payment ................ 14.16
Supplier--~-.finition of ................................... I Waiver of Righu by insured ponies ............. 5. I0. 6. I1
Suppiier~principal m£e."encas to ... ~.6, 6.5, 6.7..6.9, 6.20, Warranty and Guarantee. by Conu'actor ............. 13. I
6.24, 9.13,9.16, 11.8, 13.4, 14.12
Warranty of Title, Contractor's ....................... 14.3
Surely--~onsent to payment .................. 14.12, 14.14
Work, Access to ..................................... 13.2
Surczy~Eng/n:-'r has no du~y to ..................... 9.13 Work--by others ........................................ 7
Surety. not/ce to .......................... I0. I, I0.$, 15.2 Work Continuing During Disputes ......... ; .......... 6.29
Sur."ty--quali~cation of ........................... $. I-$.2 Work, Cost of ................................... 11.4-! 1.5
5usp.-nding Work. by Owner ......................... 15. I Work--definition of ..................................... 1
Suspension of Work and Te.,-mination--in general ....... 15
Work Dire:tire Change--<l.-inition of ................... 1
Supe:'intend-.nt--.Conzrac:or's ......................... 6.2 Work Directive Change--principal
Supervision and Superintendence .................. 6.1-6.2 references to ............................ 3.4.3, 10~I-t0.2
Work, Neglected by Contractor ..................... 13.14
Taxes--Payment by Contrac:or .......................6.15 Work, Stopping by Conu~ctor .............
Termination---by Contractor .......................... 15.5 Work, Stopping by Owner ....................... 15.1-15.4
Te..'m, inatior,--by Owner .........................I5.2-15.4 Written Amendment---definition or' ...................... 1
Te.'.m,ination, Suspension of Work an6.-.in gener'a.I ...... 15 Wri:t~n Amendment--principal
Tests and Inspections ..~ ........................ 13.~-13.7
references to ..................... 3.4.1. I0.1, 11.2, 12.1
Time. Change of Contract .............. , ............... 12
GENERAL CONDITIONS 8elective--An a~Jective which ~ hen morlEy, nE the wo~. or~
~r=rs ~o Work tha~ is unsatisfaato~, taul~y or de~clent, or
docs not con~o~ lo the Cont~gt ~cuments. or d~s not
ARTICLE i--DEFINITIONS mcct thc rcquircmcms orany inspection, rcrcrcncc
~est or approval ~rc=cd to in ~c Con~cc ~umcn~. or
Whoever used in these Gcnc~ Conditions or in ~c olhcr his bccn dmKcd pNor to ENGINEER's rc:ommcnda~on
Con~mct Documents thc following le~s have thc meanings o~n~ payment (u~e~s ~s~n~ty for~c protection ~c~of
~ indicated which arc applicable to ~h thc singular and plu~ has bccn Msumcd by OWNER at Substantial Compiction in
lhcrcor: accordance with p~ph 14.8 or 14.10).
Addend~W~tcn or g~phic inst~mcnts issued pNor to thc ~raw~n~c dm~in~s which show ~c i~m::cr ~
-- opening or Bids which cla~ry, co.ct or change thc bidding or ~c Work to be pc~o~cd ~d which have bccn
documents or ~c Contac: ~cumcnts.
or app~vcd by ENGhN'EER ~d ~c role=cd to in ~: Con-
~ct ~umcnts.
~ Agreement~c w~[tcn agreement b:~wccn O~ER and
CONT~OR covcNng thc Wo~ to be pc~om:d: othcr Ei~ective Date of the Agreemen[~c da~= indicated in thc
Contract Documents arc attached 1o thc Agrccmcn~ and made Agrc:mcnt on which it bccomts c~c:tivc, but it no such da~c
~ a pan thcrcoru provided therein, is indioted it m~ns ~c date on which thc Agrccm:nt is
signed and delivered by thc l~t or~c two p~ics to sign
Application for ~aymen[~c rom ~ctptcd by ENGI- deliver.
~ NEER which is to bc used by CO~~OR in requesting
progr=ss or fin~ payments and which is to includ~ such sup- ~.¥GINE~R~c pc=on, tim or co.ration nmcd ~ such
porting d~umcntation M is required by ~c Contract in ~ A~cmcnt.
Documents.
~eld Order~A ~t:en o~er issued by ENGINEER wNch
Bi~ offer or proposal of thc bidder submitted on ~c or~c~ minor chang=s in ~e ~'o~ in Kco~ance wi~h pam-
prcs:Nbcd rom set:lng forth ~e pN::s for ~e Work to be, ~ph 9.~ bu~ which does not involve a chang= in thc
Bon~z~id. pc~omanc= and payment bonds ~d other Gencr~lRequirement~ec:ions of Division I of~c
C~nge Orde}~A do.merit recommended by ENG~EER. L~w~ and R~gulatio~: ~wt or Re~ulations~ws.
which is signed by CONT~OR and O~ ~d auth~ ~ rc~a~ons, o~in~c:s, c~cs ~Wor
~zcs ~ addition, dctction or ~vision in ~c Work. or ~
adjustmcn~inth=Contmct~ceor~eContmccUm~.issued Notic~ ofAw~rd~c ~==n no[icc by O%~ER to the
on or g:er ~t ~cctive Dace or thc A~'ccmcnt. app~nt succezs~l bidder stating ~a~ upon compiian:: by
~c ap~:nt succe~s~ bidder ~:h thc conditions
Contr:~tDocumentz~c Agreement. Addenda (which ~r- enumerated therein. ~5~in ~c ~me speci~cd. OWNER will
~n to ~e Contract D~umcnts). COndOR's Bid si~ ~d dcliv~ ~c A~c:mcnt.
~inc!u~ing d~umcnmtion ~:omp~n~ ~he ~id ~d ~y ~sl- Notice to Rroceed~A w~tt=n notic= ~vcn by O%~ER to
Bid documcn:ation submitted p~or to ~: Notic= of Aw~) CO~~OR (with a copy to ENGINEER} ~n8 ~c
when attached ~ an exhibit to thc Agrt=mcnt. ~c ~bnds. on which the Con.c: Time ~511 comment: to mn and on
~cz: Gcnc~ Conditions, ~c Supplem:=~ Condi~ons. ~c
which CO~~OR sh~l s~ to pcffom
5pc:i~:ations ~d the Drawings ~ th= ~me ~= more s~- TOR'S obliga~ions ung:r th~ Con~ct ~cumcnts.
mcn:s, m~i~:ations ~d suppicmcn:s issued pmuant to O~N~e public b~y or auchoN~y, co.ration. ~s~
~pm~phs ~.4 ~d 3.5 on or ~er ~= ~T~:~ive Da~e of ~c ~on. F.~ or~n ~5~ whom CO~~OR ~
8~:men~. ~to the A~tmcnt ~d for whom ~c Work is to be provi~:d.
~ontr:et R~ce~c moneys ~yabl~ ~y OWNER to CON- ~aniai U~liz~tion~PNcing a ~on or ~c Wo~ in so.icc
~OR under thc Con.c: Docum:ats as stated in ~c for ~c ?u~sc for which it is intended (or a ~tatcd
~:men[ (subjc:~ to thc provisions of paragraph 11.9.1 in ~forc =achin& Subs~ci~ Completion for ~1 the
~c ~c of Unit ~ce Work).
~toject--~c to~ cons~c:ion or which ~ Wo~ to ~
Corer:et ~me~= number of days (c:mpu~ed as provided p~vid:d under ~c Con~c~ ~umc=ts may ~ ~e whole,
~m ~m~ph 17.2) or thc da~e' sm~cd in ,&= A~ccm~nt for thc or a p~ u indicutcd ciscwhcr= ~ ~c Con~ct D~um=nts.
:om~lction of thc Work.
Resident ~roject R~pr~tn[~tiv~c aulhoNzed ~p=scn-
CO~4~OR~c~on.~orcc~m[ion~whom retire of ENGINEER who is usigncd [o thc site or any p~
~ER hM cntcrtd into thc A~ccm:nt. ~ercor.
7
** )/1U)g~l;~.~ ~ora.qrapn altereo or cieleceo oy .~upp,=,,~,,~;,'y ~oa~,~,~,,..
schcdul:s ~d other da~ which ~ s~cific~ly prepared by ~s~nding to d~eHng or unfa~seen ph)~i~ ~n~itions under
or far CON~OR to illust~te some ~on of the %'o~ which ~e Work is to be ~ffo~ed as p~vided in p~ph
~d ~1 ~lust~ons, b~u~s, ~ schedul~, ~ffo~- 4.2 or 4.3 or ~o ~tncit~ under ~p~ 6.~. A
~c~ ~, inst~ons, ~~ ~d o~t i~o~on ~:tiv~ C~nge ~y not chan~ ~e Contact ~ or
prc~ by a SuppIicr ~d sub~.~ by CO~~OR ~o Contact Tim~, but is ~vid~n:~ that the ~ie~ e~:~
~lus~e~ ar equipmemfor~me~nion af~ Wo~. ~e ch~ge di~ed ar d~um~m~ by a Work
Change w~l ~ inca~t~ in a subsequ~ndy issued
Spec~cationx~ose ~nions of ~e Com~ct ~um:ms Order foUo~ng nego~a~o~s by the ~{es as to iu
consistin8 of ~ten ~echni~ desc~p~ons of mate~s, any, on ~e Con.ct ~:: or ~nt~ct Time ~ provided in
~q~pment. cons~c~on syste=s, s~d~s ~d wo~. p~ph 10.2.
ship as ~pplied to ~e Work and ~n adminis~ve de~Is
appli~ble ~ereto.' Written Amendmenl~A ~rn ~end~ent of ~e Com~ct
Do.meets. signed by O%~'ER and CON~&~OR on or
Subcontraczar~An indi~du~, fi~ or co.option ~aving a ~t~r ~e Effective D~e of~ A~nl and na~ly ~-
direct con~c~ ~ CON~OR or wi~ ~y o~er Su~ ina ~ ~e nonen~ne:~ or nontechni~ m~tr ~ s~c~y
contac[or for thc ~o~anc~ of a p~ of ~c Wo~ a~ ~c Work-re.ted as~cts of ~: Cont.:: ~:uments.
s~te.
Sub,tan[iai Completio~e Wo~ (or a spt:iff ed p~
has pro~zs~d to th~ ~int whcr~, in th~ opinion of ENGI- ~TICLE 2--PRELIMLNARY MA~R$
NEER as ~vidanc~d by ENGINEER's definitive
of Subs~nti~ Completion, it is suffiaiemty complat:, in ~ve~ of Bo~:
accor~:c ~th thc Con.ct D~umcnts, so ~at thc Wo~
(or specified pm) ~ ~ utiI~ed for thc pu~oscs for which 2.1. ~cn CO~~OR delivem thc cxccmed A~:c-
i~ is intended: or ff thc~ be no such ccHifi~e issued, when moms to OWNER. CON~A~OR sh~ also dctivcr to
~n~ payment is due in accordance with pm~ph 14.13. Tee OWNER such Bonds ~ CON~OR may bt required
terns "substantially complete" and "subs~mi~ly com- furnish in accordance wi~ pm~ph 5.1.
pie[cd" ~ applicd to ~y Work rcfcr to Subs~nfi~ Comple-
tion thereof. Copi~ o/ Doc~e~:
$upplementa~ Conditions--~ p~ of t~e Com~ct ~u- X2. O~ sh~ furnish t0 CON~OR up to ten
. meets w~i:h mends or supplcm,nB these Gene~ Condi- copies (unIess oth:~ise specified in ~h, Suppl,m:nta~ Con-
[ions. ditions) of ~e Contact ~:umems ~ ~e r,~onably nrc-
ess~ for the execution of. th~ Work. Addition~ copies will
Supplier--A manuhcmrrr, fabfi~mr, supplier, diszhbutor, b~ fu~ish~d, upon request, at ~he cos~ of
matc~aim~ or vcnBor.
UndtrgroundFacilhie~.~ pi~?in:~, c~nduits, ducts, m~[:s, ~ 2.3. ~e ~o~:r::: T2..: "'
wires, m~hol~s, vaults, tanks, tunnels or other such facilities :: ·
or attac~m:nts, and any enczscmcnts containing such f~:fl- a N'~:~:: :e ~:~ [: ;5 ~. ~a :h~ ~y ~g~:::~ [~
ities which have been inst~led undc~-ound ~o furnish any of ~'~k; :~ P:e~:;~..'. Ne:::; :~ ?~;.~ ...;7 ~ ;2. ;; *:
the following semites or mateh~s: dect~city, gases, s~m. Il...: ~t~n :hie)- ~:~: :f:~: :h~ E~:?,'e ~at~ :f :~: A~.
liquid p:troi~um products. [eleFhone or other communi:a- ...cs:. la se ~al ail: t5: ~cmra:t T:~c ~:n:: ::
[ions. czar= television, sewage and d~inage remove, t~: Ii::: tha~ :~.t seventy ~7;5 ~:y after :~: ~:y cf "~ :-
or other control systems or water. ~- :h~t;.:...~,.,~'-: '~ ge,.. cf:er ~ E~;:~"e ~t~ ~f:~ .'.~:eeme~c,_
a Y. iehever ~ate ic
Unit Price Work--Work to be paid for on [ha basis of unit
p~cts;
$~ng the P~ject:
Wor~: :m/re completed const~c:ion or th~ va~ous st~ 2.4. CONT~OR shall start to pc~o~ th~ Work on
~at~!y id:mi~able p~s thereof required to be fu~is~:d the date when the Contact Time commences to ~n. but no
un~tr t~: Cont~c~ Documents. Work is the rcsuh of-.r'r- Work shall b~ don~ at t~: sit~ p~or to the d~tt on which the
foxing s:~'ic~s, fu~ishing labor and fu~ishing and in:or- Contact Time commcn::s to ~n.
po~ting martials and tquipmcm imo the const~cfion. ~1
as requirtd by the Cont~c~ Docum:nts.
Before S~nin~ Cons~ction:
Work Directive Change~A w~t:n ditto:ire to CONT~C- 2.5. ~efore unde~akiag each pan of the Work. CON-
TOR. issued on or ~ter the EEc:tire Date of the Acre:re:ne T~OR shall carefully study and compare th: Cont~c~
and sign:~ by OWNER and recommended by ENGINEER. Documents and check and redly pertinent figures shown
- lnflfcal:es Paragraph alan. red or deleted DZ Supplemen r Conditions.
thereon and all applicabl~ ~cld measu.,ments. CONT[~C- g~ph :.6. Thc fin~ii:c~ prosrcsa schedule ~-i[t 5e
TOR shah pmmpdy rc~n in writing to ENGINEER any to ENGINEER as providing an orderly pro~cssion o~ thc
-- conflict, c~or or discmp~cy whic~CONT~OR may Wo~ to completion within thc Contact Time, but such
discover ~d sh~ll ob~n · written int:~rctation or clafifi, acceptance will nci~crimposc on ENGINEER responsibility
~don from ENGINEER before proceeding wkh any Work rot ~ prog~ss or schcdulin~ or thc Work nor ~[ieve CON-
~cct~d thereby: however. CO~~OR shall not be lin- T~OR ~om full res~nsibility ~crcfor. Thc
bio to O~ER or E~GiNEER for failure to m~n any schedule or Shop D~wing submissions will b~ acc~pta~!: to
con~ict, c~or or discrtp~cy in ~: Contract ~cumcnts, EHGZNEER as providing a workab[~ ~ns:~cn[ for pro-
u~css CON~OR had ac~u~ knowiedg~ ~e~aror should c:ssing the submissions. ~ ~nalizcd schedule or values
~ r~asonably have known ~tmof. b~ ac:~ptabIe to ENGINEER as to ro~ and subs~nct.
2.6. Within ten days ~er~e E~e:tive Date of~e Agre~-
~ men[ (unless othc~ise s~c[~ed ~ t~e G~ne~ R~quire-
mcn[s), CONT~OR sh~l submit to ENGINEER for ARTICLE ~CONTRACT DOCUMENTS: INTENT.
review: AMENDING, REUSE
2.6.1. ~ estimated pm~ess s=h~dule indicting the
sta~ing ~d completion dates of th~ various stas=s o~ the 3.1. ~e Contac: ~cum:nzs comp~: :~: :heir:
Work; -
m~nt ~zween O~ER and COaTi,OR conctm{n~
Work. ~e Cont~c: ~cum~nts Ire compi:mtn[ao': wha[ is
2.6,2. a preZ~min~ schedu]e of Shop D~wing su~ ~l~d for by one is as binding ~ ~ ~lled ~or by ail. The
missions: and Con~=cz Documents will be consoled in accordance wi[h
~e ~w of the p~ce of [h~ ProjecL
2.6.3. a prelimin~ sch~dute of v~ues for ~I or ~e
Work which will incJud~ qu~d:i:s and pdc:s of items ~ 3.2. Iris theintent of~eCont~ct Docum:ntsto
aggr~g~':n~ the Contact ~:: ~d ~ subdivid~ the Work a funrJon~ly comp[eec ~oj~ct (or pan [h~r:oO to b~ con-
into component p~s in sufficient d:zail to se~e M the st~ac:~d tn accor~nc~ with the Contac: Documents. Any
basis for progress paym:nts dudaS construction. Such Wo~, ~te~s or ~q~pm~nt ~at may r~on~bly ~
p~ces will incIude an appmpda[~ ~oun[ ofove~ead and from ~e Con~ct Documents ~ being required to
pro6t applicable to ~=ch ite~ or Work which ~II be con- the Jn~nd~d result w/Il be suppi~d wh~ch~r or not
~ed in wddng by COh~OR a~ ~e dine of su~ ~Ie~ rot.. When words which have a well-known
mission.
or ~de me,in8 ~e bsed to d~sc~be Work. mat~d~s or
equi7m:nt such words sh~I be [nte~rez~d in ~ccordanct
2.7. Before ~y Wor~ at ~ sit: is s~ned. CONTAC- ~at mt~ing. Reference ~o s[and~d speci~cadans, manuals
TOR shall deliver to O~ER. with a copy to ENGINEER, or co~=s or~y technical society, organi~zion or~s~Jadon,
c~ni~cates (and o~er evid:n:~ of i~su~nce requested by or to the ~ws or R~lations of any govemmtn~a~ authority.
OWNER) which CON~OR is m~uired to pu~e and whet~:r such mfttenc= be specific or by implication, sh~l
m~ntain in accordance ~tb p~7~s 5.3 ~d 5.4, ~d
me= ~e Ia[esz s~nd~d sp~c{~cadon, mariuS, c~t or ~ws
OWNER sh~l deliver to CON~OR c~nifi~tes (and
or R:r~tations in c~cc: at the time of op~ning o~ Bids (or. on
otker evidence of insurance rcqueste~ by CON~OR) ~ ~Ut:~ve Da~e of :he Agreement if there were no Bids),
which OWNER is required :o pumice ~d ~nc~n in
ex:* · M may be othe~ise spe:~R~lly s~a:td. However. no
accordance with p~hs 5.~ ~d 5.7.
· p~vision of ~y referenced standard spe:{~:::ion, manual
or code (whether or not speci~czlly inco~om:ed by reference
Prtco~c~on Con~erentt: in the Contact Documents) shall be effective to change the
duties ~d responsibilities of O~R, CO~T~OR or
~* 2.S. tv~:~fr :'",n~:' ~::': '~a. r :~ ~a::i~', ~-'__ i ~ :~ ENGiNeeR. or ~y of their constants, agents or cmp/oy-
A~'ae~an:. ~':: ~fore CON~OR s~ns the Work a~
ecs ff:~ thosc se: forth ~n the Contac: Documents. nor sh~l
· e site. a confer=nee atte~ed by CONT~OR. ~NGI- it be eEe::ive to ~sign to ~NGIN~, or any of ~NGI-
N~R and o~h:~ as app~Hate w~ ~ held to d~scuss the N~'s consul~nts, age,ts or employees, any duty or
sc~bduies ref:~:d to in p~ph 2.~. ~o d~scuss p~cedures au[ho~ ~o su~ise or d~re:~ the fu~sh~ng or
for handling Shop D~wings ~d oth:r submi[:~s and for of ~t Wor~ or any d~t7 o~ au:hoH~y to undertake ~s~nsi-
P~:s~ng.~pi~:3t~onsfor~yment,~toes~b[~shawor~ng biIk7 :~nt~ to the provisions of pa~ph 9.15 or 9.16.
unde~andin~ ~ong ~e ~es as to ~: Work. Cl~H:~ons and ~nte~retadons of the Con,c:
~ha~I be ~ssued by ~NGIN~R as provided ~n p~g~ph 9.4.
F~ng 5ched~s:
].3. If. during ~c pc~o~ancc of~hc Work. CONT~C-
2.9. Atl:Mttendaysbefo~ubmissionofthefi~tAppli. TOR Rnds a conflict, c~or or di~crcpancy in ~c Contract
~don for Paymtn( a conference a,:n~ed by CONTAC- Docu~tn~s. CON~OR sh~l so rcpon to ENGINEER
TOR. E~GINEER and o[hc~ M apprvp~a~c will bchcid [o in %~]ng a~ oncc~d befo~ pr~::d~ng ~zh ~e Wo&~:tcd
Rn~izc thc sc~duicz submitted in ac:ordancc wi(h pa~- ~ere~y sh~ ob~n a w~tlen inte~rcta(ion or
from ENGINEER; however, ~O~T~A~O~ ~h~U not b: su:h o~h:r ~nd~ wMch ~re ~s~n~t:d for ~h: us:
liable ~o OWNER or ENGINEER for failure ~o ream any T~&~OR. ~scmcms for pc~ancm st~c~urcs or pc~a-
con~ic~, c~or or disc~cy in ~c Contract ~cumcms ncnt chan~cs in existing facilities will ~ obtained and ~id
unless CON~~R~ ~ ~owlcdsc ~hc~oforshouM for by OWNER~ unless ochc~sc provided in ~c Control
~o~b]y have kno~ ~e~of. ~cumenls. Ir CONT~OR believes lhal any
O%~ER's furnishing these lands. N~h~s~f-way or ~se-
mcn~s =rattles CO~~OR to an extension or
A~ ~$uppleme~g Co~ D~ume~: t~ct Time, CONT~OR may ~kc a claim the~for as
3.4. ~e Contract ~umen~ may ~ mende~ to ~r~ provided in A~icle l!. CONT~OR sh~l ~rovi~= for
vide for ad~ition~, ~=l~ionz ~ ~vizions in ~e Work or to a~dition~ lands and acce,~ t~ereto t~at may ~ re~uire~ for
~ify ~M.le~z and conditions mcr=or in one or mor~ of tempom~ const~ction faciiitie~ or zto~ge of maten~s and
~ following way~: equipment.
3.4.1. a fom~ W~a=n ~=n~ment,
3.4.~ a Ch~ge O~er (papule to 9mm~h I0.4}, ~* 4.1.1. ~piorations and Repons: Ref=renz: i~ mad=
or to ~ Supplem=nt~ Conditions for Mentification or, ose
~o~z of explorations ~nd ~ezts of subsurface
3.4.3. a Work Di~:fivr Chug: (~u=u~t ~o ~,m- a~ the site tha~ haw been utilized by ENGINEZR in ~re~
~aph 10.1L ~tion of~= Contract Documenm CONT~OR may
, ~!y upon the accuracy of thc tcchni~ data contained in
As indicted in pm~phs 11.~ ~d 12.1, Contract ~cc ~d such repons, but not upon nontechni~ data. line.rets-
Contact Time may only ~ ch~gcd by a Change Order or a tiGriS or opinions cont~ncd thc~in or for thc completeness
W~ltcn Amendment. thereof for CON~OR's pu~oscs. Except ~ indi-
cted in the immediately preceding sentence and in p~-
3.~. In addition, the requi~m=nts of th~ Contract Dora- ~ph 4.2. fi, CON~OR sh~! have full responsibility
m~nts may b= supplemented, and minor v~ations and devia- with r~spect to subsurface conditions at the
tigris in ~= Work may be author=d, in one or mo~ of the
following.ways: : 4.2.2. ~i=ting Stmeture$: Refer=nc= is made to the
$upplamen~ Conditions for identifi=tion of those
3.~.1. a Field ~ar ~mmt to pm~ph 9.~, drawings of physic~ conditions in or relating t$ exis:ing
' surface and subsuffac~ s~ctures (except Undtr~ound
I.I.Z ENG~EER's app~v~ of a Shop D~n8 or Facilities refe~ed to in p~ph 4.~) which ~
~pie ~u~t to p~phs 6.2~ an~ 6.2~, or conti~ous to ~e site ~at have been utilized by E~GI-
NEER in precaution of the Cont~c: Documents. CON-
3.5.3, ENGINEeR's w~en inte~reta~on or ct~- T~OR may rely upon the accu~cy of the te:hni~
~tio~ ~su~t to p~ph 9.4). da~ con,ned in such d~wing~, but not for the
ness ~ereof for CON~I~OR's pu~oses. E~c:pi
indicated in the immediately p~ceding semen:: and.in
Re~ of Document: pa~ph 4.Z. 6, CON'~OR sh~l have full respon-
3.6. Nei:her CON~OR nor any Subcon~ctor or sibility with respe:l to physi~ conditions in or relating
Supplier or other pe~on or or~-ai=tion p=ffoming or fur- to such s~et~es.
nishing any of the Work under a direct or indirect con.ct
with OWNER shMl have or acquit: any rifle to or owne=hip 4.2.3. Re~ort ofD~ering Condition~: Ir CON~aC-
fights in any of the Dm~ngs, S~:ifieazions or other d~u- TOR believes ~at:
merits (or copies of ~y thcreofl prepped by or b~ng thc
scs of ENGINEER: =d they sh~l not reuse any of them on 4.2.3.1. ~y t~:hnicai data on which CONT~IC-
extensions of the ~oj=~ or any o~:r pro~e:t without ~tt=n TOR is =nti~ed to. r=!y as provided in p~=phs 4.2.1
consent of O%~ER and ENGINEER and sp=:ific w~ttea =d 4.2.2 is inae:uat=, or
veNfi=~on or adap=eton by ENGINEER.
4.2.3.2. any physical condition uncovered or
revealed at the sit= differs mate~ly from that {ndi-
ARTICLE ~AVAILABILI~ OF ~NDS; PHYSICAL ~ted. rede:ted or refe~=d to in th~ Canu~=t Docu-
COND~IONS; RE~ERENCE POINTS ments,
AvCAr'off's: CONT~OR shall, promptly ~tcr becoming aware
~crcof and before pcffo~ing any Work in ccnnccdon
4. I. OWNER shall furnish, as indic=ted in the Contact therewith {except in an cmcr&cncy as pc~itt:d by p~-
Documents, thc lands upon which thc' Work is to bc p~r- ~ph 6.~). not~y OWNER ~nd E~GINEER in writing
foxed, hghts-of-way and casco:nfs For access thereto, and about thc inaccuracy or difference.
4.2.4. £NGI/V£ER'$ i~es'ie,,': £NGINr't~R wits dete~i~e the e~ce~c to ~'hich the Concrete
prompdy review ~he pertinent conditions, dete~ine the should be modi~cd ~o r~flt:t and documcm the cons~-
nc:~ssity of obtaining additional ex~o~ions or tests wkh quencts of the existence of the Underground Facility. and
~spcc~ ~he~to and advis~ OWNER in w~dng (with a copy th~ Contmc~ Documents will be amended or
to CONTRA~OR) of ~NGIN~R's findings and con- ~o the extem necess~. Du~ng such tim~. CONT~C-
clusions. TOR shall be ~s~nsiblc for the safety znd prote::ion
such Under~ound Facilky as provided in pa~g~h 6.10
4.2.~. ~a~ib/~ Dacum~m Chan~: If ENGINEER CON~OR sh~! be allowed an inc~se in the Con-
concludes thai there is a ma~ed~ ~or in the Cont~ct ~c~ PHce or an extension or the Concm:~ Time. ar
Documems or ~hat because or newly discovered condi- m the extent that they ~ attributable to th~ ~isten::
tions a c~ange in thc Contac: Documents is required, a any Unde~ound ~cility that was not shown or
Work Dire:tire Change or a Change Order will be issued in the Contact Documents ~nd which CONT~OR
as provided in Article l0 to reflect ~d document the could not r~asonably have ~:n ex~::~d to be awar~
consequences o~ thc inac:u~cy or d~ffcrcncc. If thc p~ies ~c unable co ~e~ as [o [h~ ~moun~ or~c~h
~crcof, CO~~ may m~c a cl~m ~t~or as
4.2.6. ~o~Mble ~rict an~ Timt ~;u~tm~ntz: [n tach provided in Anic!cs ~ I and 12.
such c~sc. an increase or decrease in ~c Conc~ct
or an extension or shortening oft~t Contact Time, or ~ny
combination thcrco~, will be allowzble to thc extent that ~t/~r~nct ~o~:
th: zmount or length the~of, a c]aim may be made therefor ~ ......... ~v-T ......~:- CQ~TTA ~C 7. :: ?:_, a_
a~ provi~:d in A~icles 11 and 1!. with th~ ' ' ·
.. . :77_'.-
shown orindi=ted in ~e Con.c: ~=mcnts ~th ms.ct TOP. ~::) repe< :: ENCC~rZZR v~c~cvcc ca) ::5:.: ....
to existing Underground Facilities at or contisuous to thc p~in: :- ~:~: ~r ~,~::~:-~ or :.~:ires reloca:ian ~::u::
or ENGINEER by the o~e~ ofsueh Underground Facil- ~ble f=r ~.e aec=ce replacement or reI~a:i~ oF :ue:~
iti:s or by othem. Unless it is othe~se expressly pr~
vie=d in ~e Supplement~ Conditions:
4.3.1.I. OWNER and ENG~'EER shall not be ARTICLE ~BONDS .&ND ~SU~NCE
responsible for ~e accuracy or completeness.of any
such info,orion or ~ta; and, Pe~o~nez and Other Bo~:
4.3.1.2. CON~OR sh~ have full responsi- ~ 5.1. CON~OR sh~Ifumish peffomance and pay-
bility for reviewing and chcckin~ ~1 such i~omation mane ~ands, ~ch in an ~ount at least equM to thc Contract
~d data. for locating MI Undc~und Fac/lilies shown P~ce as se:u~ty for the fMt~;dl ~domanct ~d payment of
or indicated in the Contract Documents. for c~rdina- ~1 CONVeYOR's obligations under ~c Contmc: D~u-
tion ortho Wo~ with thc ownem of such Underground moms. ~cac Bonds shaU re=sin in cftc:: at least until one
Facilities during consume:ion, for ~c s~ety and prm year dear thc date when fin~ payment becomes due. ex::pt
tee:ion thereof ~ provided in ;~ph 6.20 and ~ otha~'isc provided by Law or Regulation or by th~ Con-
~paifing any da~: ~ere~o ~sul:ing from thc Work. tract Documents. CONT~OR shall ~so furnish such
~c cost of ~1 of wMch wiI1 be considered ~ having other Bonds as ~t required by thc $ugptem:nta~ Condi-
bean included in thc Contact ~::.. tions..~ Bonds sh~l be in the fores prescribed by ~w or
~ Regulation or by ~: Contac: D~umcnts ~d bc executed
4.~.~. Not Shown or ~nd/cated. If an Undc~round by such sureties as ~e named in the cu~nt list of
Fazility i$ uncovered or revealed at or contiguous to the panics ~olding Ccni~cates ofAuthohty ~ Acceptable Sure-
si:t which was not shown or indicated in thc Contract ties on F~dcml Bonds and as Acceptable Reinsuhng Com-
Documents and which CONTRA~OR could not reason- panics" ~ published in Ci~ui~ 570 (amended} by the Audit
ably have been expected to be aw~t of. CONT~OR St~T ~:~au of Ac:ounts, U.S. Trcasuu ~p~mcnt. All
shall, promptly ~tcr becoming aw~: thereof and before Bonds si~cd by an agtnt musl be ac:omp~/cd by a ctxificd
pe~o~ing any Work ~eeted thereby (except in an crecy- copy of ~c authority to act.
gtncy as ~mitted by p~gmph 6.22}. identify the owner
ofsuch Undc~ound Facility and ~ve ~tten notice thc~of 5.2, ~ the surety on any Bond furnished by CONTR.~C-
to that owner and to OWNER and ENGINEER. ENGI- TOR is decided a bankrupt or becomes insolvent or its hght
N~ER will promptly review thc Underground Fac/lily to to do business is tc~inated in any state where any p~
11
~hcr~icr su~schutc ano:hcr Bond and Surety, bo:h of which remain in cffccl un~l ~nal p~ym:n~ and al ~1 times
mus[ ~'ac::ptablc [o OWNER. when CONT~OR ~)' be co~:dng, rcmovin~
- . ~placing ~(/e erive Work in z:;rdanc= wich pa~m~h I]. 12.
In addition, CON~t~OR s~ mzin~n su:h
Co~r's ~b~ l~=t: opc~tions insu~n:c for at I~s: ~'o y~ ~:r fina! paym=~:
**5.3. COATi.OR sh~l purchase and ~n~in such and furnish O%~ER with ~'ideaze of continua:ica of suc~.
comp~hezs~ve gene~ liability ~d other insu~nce as is insu~nce at fina! payment and one ye:- ther~::r.
appropdate for ~e Work being ~ffo~ed ~d ~mished and
as will provide protection from clams set forth below which
may ~se out of or result from CONVeYOR's peffor- Conr~c~A~. lnsur~re:
m~:e and furnishing of th~ Work and CONVeYOR's ** ~.4. ~c ~mprehensi~'~ !:z:~ liab~i:y insuaa~ ~uir:d
other obli~Sons under ~: Contact Documen:s, whe:her it by p~ph 5.3 will in:tu~: czntactu~ liabiii:}'
is t0 be peffz~ed or furnished by CONT~t~OR, by any appli~ble to CO~T~t~OR's abli~tio~s under
Subcont~z:or, by anyone d~e:tly or indite:ely employed by 6.30 ~d 6.31.
any of them to peffo~ or furnish any of the Work, or by
anyone for whese acts any of them may be liable:
0 ~ner's ~. Ie~u~nte:
5.3.I. Claims under worke~' or workmtn's compen-
sation, d~s~ili~y benei:s and ocher s~il~ employee ben- 5.~. O~ER sh~l be responsible for pur:Mslng and
cie acts; ~ m~n~ning OWNeR's o~ liability insu~n:: and, at
OWNER's op:ion, may pur:h~ and m~ntain such insur-
5.3.2. C!~ms far damages because of bodily inju~, ~ce as will prote:: OWNER ag~nst claims which cay
oc:upaffz~ sickness or dis~s~, or death of CON~C- from operations under the Canu~zt Documents.
TOR's ~=Tioyees; ,
5.3.3. ~ms for damages bemuse of bod~g inju~, ~ro~e~'
sickness or disease, or death of any person other th~ ** 5.6. Unless o~e~ise provided in the
CON~t~OR's employe:s; CondiSons, O~ER sh~l purchase and maintain propeay
insu~ce upon th~ Wori at a: site to the fu~ insu~i: value
~.3.4. '~ms far d~ages insu~d by person~ inju~ ~r:of (subje:: to such d:du::rol~ ~oun~s ~ may be pr~
liability cave.ge which ~e sust~ned Ia) by any pe~on vialed in the Supplement~ Conditions or required by ~ws
as a rcsu!t of an offense directly or indir:::!)' related to and Re~lations). ~ais insu~z:e shall include the
the employ=erie of such person by CONT~t~OR, or ofOWNER, CON~OR. Subcont~c:ors. ENGiNEE~
~) by ant ocher person for any o~her re. on; and ~NGINEER's consultants in zh~ Work. ~I of whom shall
; be listed ~ insureds or addition~ insured p~nics, shall insure
5.3.~. Ca,ms for daaag:s, other ~an to hhe Work a~nst thc pc~is of irc and extended covc~gc and shall
its:~, b::z:s: ofinju~ to or d=s:~::ion of:a~bl: pro~ inctudt "all ~sk" insu~nc: for physic~ Joss and damage
c~y whc::~':: locat~d, in:!uding loss of usc resulting including theft, vandalism and malicious mischief. :o!!apsr
therefrom; ~d water damage, and such other pc~ts as may bc ~:ovidcd
in thc Supplcment:T Conditions, and sh~l in:lud~
f.3.6. Claims ~sing out of op:~:ion of ~s or Rog- losses ~d ~xpcnscs ~sing out ofor resulting from ~y insured
ulations fo: ~:~agcs b::aus~ of bod~iy inju~' or death of loss or incu~cd in thc repair or replacement of any insurcfl
any pcrsoa :r for d~ag: ~o propc~y; and propc~y (including but not li=it:d to f:ts and charges of
engine:cs, architc::s, attorneys and o~hcr profcisic~z!s). If
f.3.7. Cia~as for damages bc~us~ of bodii}' inju~ or not covered under :he "all ~sk" insu~n:: or othc~'isc
dc:th of a~y ~::son or property daaa~c ~sin~ out of thc vidcd in thc Sup~tcmtnt~ Co~:ions, CON~t~OR
ownership, azint~nanc~ or usc of an)' motor vchi:!c, purchase and m~in:ain simil:- ?::pcny insu~nce on
of thc Work stored on and offuht site or in t~nsit when such
Tnt insu~n:: ::gulfed by this pa~g~h f.3 sh~l includa portions of th~ Wor~ arc io b: in:!udcd in an Appli:::ion for
thc s~c:iic c:~:ag:s and bt wNttcn for not less than thc Payment.
limits of liability ~d covc~g:s provided in t~ Su;picmcn-
ta~ Conditioas. or required by law, whi:hcvcr is greater, f.7. OWNER shall purchase and maintain such ~:~i:rand
Thc camprch:r, si~.c gcnc~ liability insu~nc: sMll iht!UriC machin:~ insu~nc: or additional property insu~n:: ~s may
completed o~:~:iuns insuanc:. All of :he policici of insur- bc required by thc Supplcmcn:a~ Conditions or Laws and
anco so required to bc purchased and a~intain:d (or thc Regulations which will inctu~: thc inter:its of OWNER,
ca-ii:arcs or o:!:r cvidcn:: thcreofl shall contain a provi- CONTRACTOR. Subcon~ra:iors, ENGINEER AND '
sion or endorsement that thc covc~gc aiTordcd will not bc ENGINEER's consultants in th: Work. all ofwhom s~211 bc
c:nc:!Icd, m~c:~ally changed or rcncwal refused uatil at lcusl listed ~s insured or addi[ion~ insurcfl p~nics.
5.8. All the policies of insurance (or the-certi/~cates or such waiver forms are required of any Subcontractor, .
~ other evidence thereof) required to be purchased and main- CONTRACTOR ~'~l obtain the same.
rained by OWNER in accordance w~th paragraphs ,~.6 and
$.7 will contain a provision or endorsement that the coverage '
~ afforded w/Il not be cancelled or maitre, ally changed or renewal Receipt andAt~plicad~n of Proceeds:
refuscd until at least thiny days' prior writtcn notice has bcen $.12. Any insured loss under thc policies of insurance
,.. given to CONTRACTOR by certified mall and will contain required by para~-a~hs $.6 and ;5.7 will be adjusted with
waiver provisions in accordance with pa,'-ag:~ph 5.11.2. OWNER and mad: payable to OV,'NER as trustee for the
insureds, as their interests may appear, sub.ia:: to thc require.
$.9. OV~ER shall not bc responsible for purchasing and ·mcnts of any applic.abIe mortgage clause and of para.,.-'raph
· maintaining any property insurance to protect the interests 5.13. OWNER shall deposit in a separate ac:aunt any money
'-- of CONTRACTOR, Subccntractor~ or othcr~ in th.- Work to so m::ivcd, and shah distribute it in accordance with such
the extent crony deductible amounts that arc provided in the a~eement as the pa.-des in interest may reach, l.f no ether
Supplementary Conditions. Thc risk of loss within the spa:iai a~cemcnt is r-:ached thc damaged Work shall be
deductible amount, will be borne by CONTRACTOR, Sub- mpa. ired or replace,~. the moneys so r~:eived appiie~ on
contractor or others suffering any such loss and if'any of'them ac:cunt thereof and '-~.e Work and the cost thereof covered
wishes prop:ny insurance coverage within the limits o£ such by an appropriate Change Order or Written Amends:n:.
amounts, each may purchase and maintain it at the pu~has-
er's own ex,nsc. $.13. OW'NER as trustee shall have power to adjust and
settle any loss with the insurers unless One of the pat',les in
'$.10. If CONTRACTOR requests in writing that other interest shall object in writing within fftcen days after the
special insurance be included in the property insurance pol- oc:u::',ence of' loss to OWNER's exe~ise of this power. If
icy. OWNER shall, if possible, include such insu,'anct, and such objection be made, OWNER as truste-, shall make set-
the cost thereo£will be charged to CONTRACTOR by appro- element with the insur.-rs in accordance with such
pria:e Change Order or Written Amendment. Prior to corn: as the parties in intense may teach. If required in writing by
me.'::ement ofthe Work at the site, OWNER sha.U in writing any party in interest, OWNER as trust¢-- shall, upon the
· advise CONTRACTOR whether or not such other insurance occur, ence of an insured loss, ~ve bond for the proper per-
has been procured by OWNF.~. f'ormance of such duties.
5.11.1. O~E~andCON~ORw~ve~IHgh~ 5.1~. ~O~E~h~yobjec:ionto~ecove~g~o~:d
against ~ch other for ~ losses ~d d~es ~uscd by by or o~cr provisions of ~c insu~nc~ rc~:d to be ~ur-
my of the pe~2s covered by ~ policies of ins~c~ ch~ed and ~intaln:d by CO~~OR in ac:or,once
provided in r~sponse ~o pm~phs ~.6 ~d ~.7 ~d ~y wi~ pm~phs 5.3 md 5.~ on ~e basis of its not complying.
other prop:~ insumnc: applicabi~ to the Work, and ~so with th~ Contac: Documents. O~ER sh~l not~ CON-
waive ~l such rights a~inst thc Subcont~c~o~. ENGI- ~OR in writing thereof wi~in ten days of ~e da:~ of
NEER, ENGiNEER's consultants ~d ~1 other panics dcHve~' of such c:~H:atas :o OWNER in accordance with
named as insurads in such policies for losses and d~ages p~h 2.7. ~ CON~.OR ~s any objection
so ~used. As required by pa~g~ph 6.1 I. each aubcon- cove~ga ~o~ed by or other provisions of thc poIic~:s
~ct between CONT~OR ~d a Subconu~c:or wiIl ~s~:: ~qu~d to ~ push,ed ~n~ncd by O%~'ER
contain si~iiar waiver provisions by the Subcon~ctor in in accordance with pad,phs 5.6 and 5.7 on the basis
favor clOWNER, CONT~OR. ~NGINE~. ~NGI- ~cir not complying with thc Con,c: Documents. CON-
N EEl's consul~ts ~d ~ o~cr p~its ~:~ ~ ~su~ds. ~OR ~h~l not~ O~'ER ~n w~ting thereof within ten
None of ~: above walve~ shall ex:end to thc ~ghts that days of thc date of d:Hvc~ of such cani~:a~cs to CON-
any of thc ~nsurcd p~as ~y have to the proceeds of T~OR in acco~ca wi~ p~ph 2.7. O~E~ ~d
insu~ce ht~d by O~'ER ~ t~st:c or otbe~sc PaY' CON~OR sh~ each provide to ~c o~cr such addi-
able under any ~licy so issued. ~on~ i~o~ation in respect of insu~nc: provided by each
~ thc other may re~onably ra~uest. F~ura by OWNER or
5.11.2. OWNER and CON~OR intend that any CON~OR to ~vc any such no~c: of objection ~thin
policies p~vidcd in response to p:~g~phs 5.6 and 5.7 ~c ~m: provided s~l constitute acceptance of such ~nsur-
sh~l protect all of thc p~ics insur~ and provide p~ma~ anc~ purchased by ~c other ~ complying with thc
cave,ge for all losses and damages caused by ~e pc~la
covered ~ettby. Accordingly. ~I such ~lic~es shah con-
tain provisions to thc cffcc~ that in thc event of payment
of any loss or damage the insurer will have no Hghts of P~ :'~;?~~ge~ I~ce:
rccove~ against any of~hc p~ics named as insurcds or 5.15. ~ OWNER Hnds it nccass~ to ~cupy or usc a
additional insureds, and if thc insur:~ require sepa~te p0nion or portions of thc Work p~or to Substan~i~ Co~ptc-
w~ver fo~s to be signed by ENGINEER or ENGI- tion of~l the Work. such use or ~cup~cy may be ac:om-
N~ER's consultant OWNER will obtain thc s:~e. and if piishcd in accordance with p~ph 14.10: provided that
such usc or occupancy shall commence before the insum~ 6.5. All materials and equipment shall be ofgo~ qualit)
providing thc property insu~ncc have acknowledged notice and new. except as otherwise provided in thc Contract Doc-
thcr~ofznd in w~tin~ c~:cted :h~ch~gcs in covc~gc ne:es- umcnts. If required by ENGINEER. CONT~&~OR shall
si~ated th:~by. ~e insu~ p~vid~n~ ~e pro,ny insur- fu~ish satisfa::o~ evidence (Jncludin~ rc~ns o~ ~quircd
ante s'h~l consent by endo~cm~nt on thc ~iicy or ~lic~s, Tests) as ~o th~ kind and quality of ma~:~als and
bu~ thc p~ny iasu~ce sh~ not ~ ~nctll~d or i~pse on ~i ~e~s ~d equipment sh~Z ~ applied, installed, con-
account o~ any such ~ us~ or ~:upancy. netted, e~ctcd, used. cloned ~d conditioned in
wi~ ~e ins~:t~ons of th: appZic~bl: Supplier e~c:pz as
othc~[se provided Jn th~ Contact Documents: but no pr~
vision o~ any such insz~:tions w~Z! be ~:Tccziv~ to assi~ to
~RT~CL~ ~O~~OR'S R~S~ONSZ~ [L~ E~GZN~R. or any of ~GZ~R's :~nsultants. a~cnts or
.~mployecs, any duty or au~o~ty to sup:~-~s~ or ~irc:z
fu~ishing or pe~o~an~ oE~hc Wo~ or an)' duty or author-
~~a ~d Su~le~tnct: i~y to und~nak~ r~spansib~i:y cont~' to ch: provisions of
6. I. CONT~OR shall sup~ise ~d ~:: the Wo~ p~ph 9.15 or 9. Z6.
com~ttnfly and ~cicntly. d~votin~ such attention tht~to
and appt)~ng such skiUs and cxper~sc ~ may be
~o pe~o~ the Work in ac:ordan:: with ~ Contact Doc- A~y~ ~r~s
uments. CONT~OR sh~l be solely ~s~ns~ble for the 6.6. CONT~OR s~ submit ~o ~GIN~R
m~ns. mt:hods, t~:hniques, sequ:nc:s and proc:~ur:s of acceptanc~ (to the extent ind~ted in p~ph Z.g) adjust-
consent:ion, but CONT~OR sh~l not be respansibI~ m~nts in the p~ass schedule to reject the ~mpa:z thereon
for the negligenc~ of othe~ in ~e design or selection o~ a of new developments: ~:se ~I1 confo~ ge~e~ly to
specific ~:~ns, method, technique, sequin:: or proc:~ur~ pro~ess schedule th~n in ~:z and ~d~ltionaily will comply
of cons~::~on which ~s indicted in and required by ~e with any provisions of the General Requirements applicable
Contact Document. CON~OR s~ b~ responsible thereto.
[o se: that ~e finished Work complies ~cu~t~ly with ~e
Cont,:: Documents.
6.2. CON~OR sh~l keep on the Work at ~I times
6.7.1. Whenever mat~s ar equipment ~e spe:i~ed
du~ng its pro~ess a competent resident supe~ntendenz, who
or desk, ed in the Con~:z Documents bg using the name
shall not be reptac:d ~thou~ ~ztt= no,ce to OWNS~ and
of a propde~ item ar the name of a pani:ul~ Supplier
~GIN~R except under ~xzmordina~ ~msmnc:s. The
~ n~ing of t~ item is [nzendcd to ~szablish the type,
superhearth:nc ~II be CO~~OR's ~pre~nmtive at
function and quality required. Unl~ss the nam~ ~s followed
the site and sh~l have authority to ~cz on beha~ of CO~- by wards indicating that no substitution is
~OR. All communications ~ven to the supe~nt~nd:nt materials or equipment ofother Suppl~:~ may be accepted
sh~l be ~ binding ~ ~ven to COaTi,OR. by ~NGIN~R if suz~:~:nt info~a~Jon is submitted by
CONT~OR to ~Iow ~NGIN~R to dttt~Jne
· e mazeH~ or equipment proposed is equjv~ent or
~bor, M:e~ a~ Equipmem: to that named. ~: p~::du~ for r:wi~w by ENGINEER
6.3..CON~OR sh~l p~vide com~t~nt, su~tz~ly will inctude the following zs supplemented in the
quali~ ~r~onn~l to su~ey and lay out the Work and per- R~quir:m~ntz. R~qu:zu for review of substitute ~t~=s
fo~ constr:c:ion ~ r:qu~rcd by t~: Con~c~ Docum:nt~. matc~ and equipment will not be a:::pted by ENGI-
CON~OR zh~l at all t~m~z main~n good discipiin: NEER from anyone other than CONT~OR. If CON-
and order at t~e si~e. Exctpt in conn::~on with the s~e:y or T~OR wish:z to fu~sh or usc a subs:itut~ item
prot~c:ion of p:r~ons or the Work or property at thc s~t: or matt~ or :quipmtnt, CONT~OR sh~l mak~ w~t-
a~jactnt t~:r::o, and :xc:pt ~ ot~c~is~ indicattd in ~ ten application to ENGINEER for accel:an::
Contac: Documents, ~1 Wo~ at th: site shall be pe~o~=d c=~ifying ~at the pro~s=d substitute will pe~o~
during re~ workin~ hour, and COHT~OR wi~ not quatety the functions and achieve the results c~l~d for by
pe~it ove~ime work or the pedo~ance of Work 0n S~t- the gene~ design, be simil~ and of e~u~ subs[ance
urday, Su=~)' or any le~ holiday without OWNER's w~t. that specf~ed and be~uJted to the s~e use as :hat spec-
ten consent given ~[er prior written notic~ to EHGIHEER. i~ed. ~e application ~tl state thai the evaluation and
acceptance of the proposed substitute will nat prejudic~
6.4. Unless oth~ise speci~:~ in th~ G:ne~ Require, COHT~OR's achievement of Subs[anti~ Comple-
ments. CO~T~OR sh~l furnish md assume full re[pon- tion on time, whether or not acceptance of th~ substitute
sibiihy for all ma[eHals, equipment, labor, transportation, for use Jn the Work will require a c~ange in any of the
construction equipment and mac~in:~, tools, appliances, Contact D~uments (or in the provisions of any other
fuel. ~wer. light, beet. telephone, water, sanita~ facilities, direct contact wich OWneR for work on the Project)
tempo~ facilities and ~l other [a=~lhies and incident,s adapt the design to th~ proposed substhute ~nd whether
nectssa~ for the furnishing, pedor~=nce, testing, s~-up or not inco~o~ion or use of the substitut~ in connection
and completion of the Work. with the Work is subjecz to payment of any lie:nsc ~ee or
~* )F)di a e para~)raph altered o.r Celeted by Supp~e,~encary
royal~y. Ali vacations orth~ proposed substitute from that OWNER and E~GINEER and if CO~TRA~OR
sp~ciRed will b~ idenliR~d in Ibc application and available submitted a lis~ thereof in accordance with thc Supple.
maintenance, repair and ~placement se~fc~ will be ind/. m~ma~ Condhions. OWNER's or ENG~R's accept.
cared. Thc application will ~so contain an itemized csti- anco (either in w~t~n~ or by f~ling to make written
mate o[ ~1 costs that will ~sult di~:tly or indite:ely from tion thereto by thc date in,ice,cd for act:prance or
acceptance oF such substitute, including costs of ~dcsign tion in thc bidding d~umcnts or the Contact ~cu~:nts)
and claims or other con~cto~ ~c:tcd by thc ~suhin8 o~ any such Subcont~ctor. Supplier or o~hcr ~rson or
change, ~l oFwhich shall bc consfdc~d by E~GI~R o~n~t~on so identified may bc revoked on thc b~Es
in evaluating the proposed substitute. ENGINEER may ~asonablc objection ~cr duc investigation, in wh~:h
require CONTRA~OR to fu~ish at CONT~OR's CONT~OR sh~l submi~ an acceptable substitute.
~xpcns~ ~dditional data about ~h~ proposed subs(i~u~. Contact ~ce wflI ~ increased by the d{ffer~n:: in ~hc
cos~ oc~sioned by such substitution and ~
6.7.2. ~a s~c~fic m~s. m~th~, technique, s~quenc~ ~ge O~cr~ ~ Essu~d or W~ten ~ndm:n:
or proc:du~ or cons~c:ion is indies(ed in or ~quir~d by No ac:~ptanc~ by OWNER or ENGINEER of any such
the Com~:t ~ocum~nts. CONT~OR may ~ish or Subcont~ctor, Supplier or other person or org~ni~ion
utilize a substitute means, method, sequence, tc:hniqu~ sh~[ constitut~ a waiver of an)' Hght oFO~ER or ENOl-
or procedu~ of const~ction ac:tptable to ENGINEER. NEER to reje:~ d¢/~c~iv~ Work.
~ CO~~OR submits su~c):nt info,orion to ~low
ENGINEER to dtt~int that th: substitute proposed is ~ 6.9. COh%&~OR sh~ b~ ~lly res~nsibl~ to
equivalent to that indi~ted or gquired by the Cont~c~ ~d ~GINE~R for ~I acts and omissions of th~ Subcon-
Documents. ~e proc:dur~ for review by ~NGIN~R ~c:o~, Supplie~ ~nd other persons and o~ani~:ians p~r-
~11 ~ sLmQ~ to that om~ded in p:~ph 6.7.1 ~ applied foxing or ~ishing any of ~ Work under a d~r:c: or
by ~NGiN~R and as may ~ suppl~m~nted in ~ Gen- indir~:z con~ ~ CONT~OR just ~ COhT~C-
~ R~qu~m~nts. TOR is res~nsible for CON~OR's own acts and omis-
sions. Npthing in ~e Contact D~umcnts sbaU ~ate any
6.7.3. E~GINEER will be ~Iowed a m~onable time contmctu~ relationship between OWNER or ENGiNEeR
within which to evaluat~ ~ch proposed substitute. ENGI- ~d any such Subcon~tor, Supplier or other ptmon or
NEER will be the sole judge of ac:tptabiIity. ~d no o~i~tion, nor sh~l it ~ate any obligation on th: p~ of
subsdtut~ w/Il be o~:red, instilled or utilized ~out OWNER or ENGINEER to pay or to se~ to the payment of
ENGIneeR's prior ~tt~n ac::p:anc~ which will be evE- ~y moneys due ~y such Subcont~ctor. Supplier or other
d~nc~d by either a ~g~ O~r or an approved Sb6p ptmon or o~i~t)on except ~ may o~is~ be required
D~wing. OWNER may ~quire CON~OR to ~r- by ~ws ~d Re~lations.
nish at COndOR's expense a speci~
~mnte: or o~her su~y with r:sp::: to any substitute. ~.10. ~e divisions ~d s~Jons of~: S~:ificadons and
~NGINEEK will r~co~ Uae ~uired by ~NGINEER ~: id:n~tions of ~y Drawings sh~ ~ot control CON-
and ENGInEER's cons~ts in :valuating subs6tutions T~OR in dividing ~e Work ~ong Subcontmc:om or
pro~s~d by CON~OR and in making changes in SuppIi~m or deJin~dng ~ Work to b~ ~o~d by ~y
the Contact Docum:ms ~:~ion:d thereby. Whether ot s~c~c t~de.
not ENGINEER acc:pis a p~posed subsumze, CON-
~OR shall mimbu~e O~'ER for ~e ch~s of 6. I 1. ~I Work peffo~ed for CO~~OR by a Sub-
ENGINEER and ENGInEER's c:nsui~ for ev~t- contm~or will ~ pu~uant to an'appropriate agreement
ing ~ch proposed substitute, b~twe:n CON~OR ~d the Subcontractor wh{:h spe-
ci~Iy binds ~e Subcontractor to ~ appiicabl: t:~s ~d
conditions of ~e Contact D~um:nts for ~e b:n:6t of
C~nce~g ~ubc~acta~, 5u~pl~ :n~ O~e~: OWNER and ENGINEER and contains w~ver provisions
6.8.1. CON~ORsh~I ncr employ~y Subcon- M re~u~red by p~ph 5.11. CONT~h~OR sh~l pay
~ctor. Sugpii~rorothar~n or o~ani~tion (including each Subcon~ctor a just sb~ of ~y ins~nca moneys
~ose ac::~table to OWNER ~d ENGINEER ~ indi- ~caived by CON~OR on account of losses und:r ~I-
c~ted in p~ph 6.8.2), whether initially or as a substi- iciaa issued pu~u~t to p~phs 5.6 ~d 5.7.
rata, a~st whom O%~R or ENGINEER may have
~nable objection. CO~~OR sh~ no~ ~ ~qu~d
to employ any Subcon~ctor, Sup~ii~r or othar pa~on or ~ Fee~ ~ Roy~'e~:
o~ani~tion to fu~ish or ~ffo~ :ny of the Work a~nst 6. I2. CO~~OR sh~l pay ~I lie:nsc leas and roy-
whom CONT~OR h~ r~asonab/e objec:ion. ~ti~s ~d assum~ ~i costs incident to the use in th~
6.8.2. If the Supplem~nm~ C~nditions ~quire ~ mane: of ~e Work or th~ inco~o~don in ~e Work of any
idantity ofc:~ain Subcont~cto~. Suppile~ or other per- invention, desi~, pr~ess, product or de,ce which is thc
sons or o~ani~tions (including rheas who ~e to furnish subj~c~ of patent ~gbts or copyd~ts h~id by other, ff a
· e pdncip~ items of made,als and :quipmen0 to be su~ p~icuI~ invention, design, p~ess, p~uct or d~vic: is
mitred to OWNER in advanca of the specified date p~or spccifi:d in the Contact Documents for use in the
to th~ E~:tive Dat~ of th~ Agra,=ant for acc~ptanca by manta of the Work and if to the actu~ knowledge of OWNeR
or ENGINEER Rs useis subjcc~ ' ' '
~[inS rot ~c paymcn~ or~y license ~cc or royalty to other, mance or thc Wo~.
~he ~xis~rnce orsuch ~$hm sh~l ~ di~oscd by OWNER in
thc Con~ ~umcn~. CO~~OR sh~ indemnify
snd hold ~ess O~ER ~ E~G~E~ ~d ~yon~ ~e of P~:
di~cdy or ind~cdy employed by ci~ of ~cm f~m ~d 6.16. CON~&~OR s~ co,nc ~ns~cdon cqui~
a~nst ~! clams, d~ges, lass~ ~& ~x~nscs (including mont. th~ sto~g~ of ma[cd~s ~d equipment and thc a~r-
attorneys' fees ~d cou~ ~d ~i~tion costs) ~sing out of ations of wo~c~ to thc ~oj~ct site ~d land ~d ~xs idcn-
any infringement of p~tcnt Hgh~ or ~p~ghts [ncid~m ta dried in ~d ~ict~d by thc Con,ct ~cumcn~s ~ other
thc us~ in ~c ~o~c~ of thc Wo~ or ~suldng from ~c
land ~d ~s ~i~cd by ~ws and Rcg~dons. d~hts-
income:ion in ~ Wo~ ofany invention, design, p~ss, of.w~y, pc~i~ ~d ~sc~cnts, ~d sh~l not unr~sonably
produ:~ or device not s~cifed in ~ Con~ct Documents, encumber ~e p~mises wi~ cons~ction ~qu{pment or other
~d s~! defend ~ such ct~ms in ~nn:czion wi~ ~y.~l~g:d m~c~H~s or equipment. CON~4~OR sh~ assume
infringement of such Hghts. r~s~ns~ility far any d~age ~o ~y such l~d or ~-~. or ~o
the o~r or ~up~t th~ofor of any ~d or ~s =onzig-
uous ~e~to, resulting from th~ p~ffo~an:: of the Work.
~: Should ~y cl~ be mad~ ag~nst OglER or ENGINEER
~ 6.13. Unless o~'is~ p~vid~ in th~ Suppl~m~nt~ by ~y such owner or occupant b~us~ of th~
Conditions, CO~~OR sh~l obt~n and pay for ~1 c~n- of~: Work, CON%&~OR sh~ promptly attempt to
st~cdon ~its and licenses. O~ER sh~l ~sist CON- wi~ such other p~y by a~e:m~m or oth=~se r:soiv~ th~
T~OR, wMn n~c:s~, in ob~ning such ~i~ and claim by ~it~tion or at law. CON~OR sh~l. to th~
licenses. CON~OR sh~l pay ~ gove~m~nt~ chess ~=st exz~nt ~itt~d by ~ws and Regulations, in~:mn~'y
and ins~c~on f~:s ne~s~ for ~: pmsecu~on of ~e Wo~ ~d hold O~ER ~d ENG~'EER h~=ss ~m
which ~: ~pii~bI~ at th~ time ofo~ning off,ds, or ifth~ ~1 cI~ms, ~mages. ]oss~s and expenses (including, but not
ar~ no ~ids on the Eft:clive Date of ~e A~:m~nt. CON- limited to, fe=s of en~ne:~, ~hi~c:s, auo~:ys ~d otMr
T~OR sh~I pay ~I charges of udli~y ownt~ for con- pmfgssion~s and court and ~bit~tion costs) ~sing
n~c:ions to ~e Work, and OWNER sh~ pay ~ ch~=s or indimcdy or consequ~nti~ly out of any ac:ion, l~g~ or ~gui-
such utility owne~ for ~pit~ cos~ mia:ed ~:r~to such ~ tabi~, brought by any such other p~y against Og~E~ or
plant investment fees. ENGINEER to th~ ~xttnt based on a c1~m ~sing out of
." C0~~OR'g p~ffo~ance of th~ Wo~.
laws andReg.,Z"'~o~: 6.17. ;During the progr:ss of the Work. CONTR.i. CTOR
6.14.1. CONTRACTOR shall give all notices and shall keep thc premises free from accumulations of waste --
comply with all Laws and Regulations applicable to fur. materials, rubbish and other debris resulting from the Work.
nighing and performance of the Work. Except where otb- At the completion of:he Work CONTRACTOR shall remove
erwise expressly required by applicable Laws and Regu- all waste materials, rubbish and debris from and about the
la:ions, neither OWNER nor E~GiNEE.R shall be respon- premises as well as all tools, appliances, construction equip-
sibIe for monitoring CONTIC~CTOR's compliance with men: and machinery, and surpJus real-'rials, and shall I~ave
any Laws ar Regulations. the site clean and ready for occupancy by OWNER. CON-
Ti:LACTOR shall r.estore to original condition all prop:ny not -"
6.14.2. Il' CONTRACTOR observes that the Specitl. desig=ated for alteration by the Contract Documents.
cations or Drawings are at variance with any Laws or
Reguiations. CONTiC~CTOR shall give ENGINEER 6.18. CONTRACTOR shall not load nor p:.,-mit any part
prompt writ:eh notice thereof, and a.ny nec.-ssary changes of any structure to be loaded in any manner that will endang:r
will b.' authorized by one of th: methods indicated in th-- structure, nor shall CONTRACTOR subject any part of
parag~.ph 3.4. It' CONTR.A~OR pon'arms any Work the Work or adjacent property to stresses or pressures that
knowing or having reason to know that it is contras' to will endanger it.
such L~ws or Regulations, and without such notice to
ENGINEER. CONT~-~CTOR shall be:er ali costs arising
therefrom; however, h shall not be CONTRACTOR's pH- RtcordDocume~t~:
· mary res.=onsibility to make c=.'-~n that the Speci~cations 6. i9. CONTi'~CTOR shall malntzJn in a safe place =t
and De.wings are in accordan:= with such Laws and the site one record copy or all Drawings, Spec.;li:.'l~ions,
Regulations. Adfl:nda. Written Amendments. Change Orders. Work
Dire:five. Changes. Field Orders and written interpretations
and clarifications (issued pursuant to.paragraph 9.41 in good -.
razes: order and annotated to show all changes made during con-
6.15. CONTRACTOR shall pay aJl sales, consumer, use struction. Theserecorddo:umentstogetherwithallapproved
and other similar taxes required ~o be paid by CONTILt. C- samples and a.counterpart of all approved Shop Drawings
TOR in accordance with'.the Laws and Regulations'o£ the will be available to ENGINEER for reference. Upon com-
16
plction of thc Work. these record documents, samples and
Shop Drawings will b~ delivered to E~GINEER for O~ER. 6.22. In cmc~tnc{cs affcctin~ thc safety or pro~cctien of
~ons or ~e Wo~ ar pm~ny at thc site or adj=ccnt ~c~:o,
: CO~~OR. ~thout s~ci~ instruction or aut~ofi~tion
~aft~ ~ ~ltc~oa: from ENGINEER or OWNER, is obligated to act to prevent
~aten~d d~. inju~ or loss. CONT~OR shall
6.20. CO~~OR sh~! b: ~s~nsible for initiating, ENGINEER p~mpt ~tt:n no~:: ~CON~OR ~ii:vcs
maint~ning and supc~ising ~I ~:ty pr:cautions and pr~ that any significant ch~g:s in ~ Work or variations from
~ms in connection ~th ~: Work. CONT~K~OR shall ~ Contac: Documents hav: ~tn caused th:reby. IfENGI-
~k: ~1 n:c:s~ pre~utions for ~: ~f:ty of, and sh~I NEER d~tc~in:s b~at a chang: in ~: Cont~:t
provide ~: ncc:ssa~ prot::tion to prevent damage, inju~ is required ~caus: or ~e at:ion ~:n in response to an
or loss to: ' emergency, a Wo~ Di~c~v~ Ch~ge or Chan~: Order will
be issued to document ~: consequences of ~ changes or
6.20.1. ~I employets on the'Work and other pe~ons v~ations.
~d o~ani~tions who may be ~::::d thereby;
6.20.2. all the Work and materials and equipment to ShoI~DruwingsandSa.'nt. ie~:
be incor~ratcd therein, whether in storage on or off thc 6.23. After the:king and verifying all field measurements
site; and and a'tcr complying with applicable procedures specified in
thc Genc,,'al Requirements, CONTRACTOR shall submit to
6.20.3. other property at thc site or adjacent thereto, ENGINEER for review and approval in accordance with thc
including trees, shrubs, lawns, walks, pavements, road- accepted schedule of. Shop Drawing submissions (see para.
ways, structures, utilities and Unde."~'ound Facilities not graph 2.9), or for other appropriate action if so indic, areal in
designated for removal, relocation or replacement in the the Supplementary Conditions, five copies (unless otherwise
course of construction, specified in the Goner'al Requirements) of all Shop Drawings.'
which will bear a stamp or spc:ific written indication :hat
CONTRACTOR shall comply with all applicable laws and CONTRACTOR has satisfied CONTRACTOR's responsi-
Regulations of any punic body having jurisdiction for the bilities under the Contract Documents with respect to the
'~' sal'e'.y ofpc~ons or property or to prorate them from damage, review of the submission. Ail submissions w~ be identified
injury or loss; and shall erect and maintain all necessary as ENGINEER may require. The data shown on the Shop
sal'e~ards for such safety and prote::ion. CONTRACTOR Drawings will be complete with respect to quantities, dimen-
~ shall notify owners ofadjazent propc,.~' and ofUnde,'T, round signs, spe:ified performance and design cla, i:eria, materials
Facilities and utility owners when prosecution of the Work and similar data to enable ENGINEER to review the iv, for-
may aft'ecl th, em, and shall cooperate with them in the pro.- marion as required.
_ tot:ion, removal, relocation and repla:ement of their prop-
er~y. Ail damage, injury or loss to any property referred to 6.24. CON'I~i~LI'OR shall also submit to ENGINEER
in paragraph 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 Subcontrac',or, no delay in Work, all samples required by the Cont"ac: Doc-
Supplier or any other pc. son Or organization direc:ty or indi- uments. All samples will have ~en checked by and ac:om-
rez:ty empioyed by any of them to pe,~o,,"m or furnish any of panied by a spec;fi: written indication that CONTR..ACTOR
the Work or anyone forwhose acts any of them may be liable, has satisfied COl,, ~'T"~a, CTOR's responsibilities under the
'- shall be remedied by CONTR.ACTOR {er, c.pt damage or loss Contrac: Documents with resTe:t to the review of the sub-
attributable '.o the fault of Drawings or Specifications or to mission and will be identified :iearty as to material. Supplier,
the aces or omissions of OWNER or ENGINEE-R or anyone pertinent data such as catalog numbers and th.e use for which
-- employed by either of the.-., or anyone. :'or whose acts either intended.
of :hem may be liable, and not attributable, directly or indi-
rectly, in whole or in pan, to the fault or negligence of CON- 67-.~. I. Before submission of each Shop Drawing or
~TR.iCTOR). CONTRACTOR's duties and responsibilities sa~,.,ple CONTICtCTOR shall have dete..'mined and veri-
for the iai'ely and protection of the Work shall cantinue until fled all quantities, dimensions, spccLqed performanc: cci-
such time as ail the Work is completed and ENGINEER has . tecta, installation requirements, materials, catalog hum-
issued anoti:-" to OWNER and CONT~. iCTOR in accord- be.~ and' similar data with respect thereto and reviewed
-- anco with paimgraph 14.13 that the Work is acceTtable (except or coordinated each Shop Drawing or sam, pie with other
as otherwise expressly provided in con.".e::ion with Substan- Shop Drawings and samples and with the requirements of
rial Cornpietion}. the Work and the Contract Documents.
6.21. CONTR.,ICl'OR shall designate a responsible rep- 6?_5.2. At the time of each submission, CONTRAC-
rescntative at thc sitc whose duty shall bc thc prevention of TOR shall give ENGINEER specific written notic= of each
~accidents. This person shall be CONTR.a.C'I'OR's supcrin- yariation that thc Shop Drawings or samples may have
tendent unless otherwise designated in writing by CON- from thc requirements of the Contract Documents. and,
TiL-~CTOR to OWNER. in addition, shall cause a specific notation to be made on
each Shop Drawing submkzed to £NGINE~R ['or review provided ~ha~ an)' such claim, damage, loss or expense tal is
and approval o~ each such vacation, att~butablc 1o ~ii)- in~u~,, sickn¢ss, disease or death, or to .
i~u~ ~o or dcst~cfion o~ tan:ible propc~y (o~hcr than thc
6.26. ENGINEER wi~ ~view and zpp~ve with ~ason- Work izsc~D inclu~n~ thc loss ofusc r~sulfin~ therefrom and
zblc pmmpmcss Shop ~ngs ~d ~mplcs. but ENGI- ~) is caused in whole or in pan by any n~gligcn~ a:~ or
NEER's ~vicw and ~pp~v~ wiU ~ only for conro~ncc omission o~CO~T~OR, any Subcom~ctor. any
~th the design concept of thc ~jc:: and for ~mplianc= or o~ni~fion di~cflyorindi~:tly employed by any ~f:hem _..
~th thc intone[on given in thc Cont~c~ Documents and ~o ~o~ or fu~ish ~ny of~c Work or anyone for whose
sh~l no~ exzcnd ~o m~ns, me,hods, techniques, st~ucnc=s aczs any of them may be Habl=. r=~dlcss of who=her or
or proccdu~s ofcons~ction (except whet= a s~ciR= means, it is caused in p~ by a pony indemnified hereunder or zHses
meth~, lc:hnique, sequence or proc=dure of const~cfion is by or is imposed by ~w and Regulations rcgardlc=~ of ~hc
in~[~ted in or required by thc Contac: Documents) or to negligence of any su:~ p~y.
~d approv~ of a sep~tc item = such will not indicate 6.31. In any and ~I ch[ms against OWNER or ~OI- -
approv~ of ~hc assembly in which ~: item functions. CON- N~R or any of th:ir consul=htS, agents or employees by
T~OR sh~! make co.cc:ions ~qu[red by ~NGIN~R. any employee of CONT~OR. any Subcomnc:or. any
and sh~l re:u~ thc required numar of co~=::cd copies of penon or organimdon dire:fly or indireczly empJoye~ ~y any -
Shop D~wings md submit = rcqu~ n~w ~p~cs for ~vitw of them to pe~o~ or fu~ish zny of the Work or anyone for
~d approve. COaTi.OR sh~l direct specific auenfion whose ac:s any of them may be liable, thc
in ~ting to revisions other th~ ~c co~c:fions c~led for ob~?gation under p~ph 6.~0 shall not be limi~:d in any _
by ~NGIN~R on previous submJr~s, way by any ]]mi~ion on th= amoum or ~ypc of
compensation or ~ncfits payabic by or for CO~TRA~OR
6.~7. ~Gi~R's review and =~prov~ of Shop D~w. or any such Subcon~ctor or other ~non or or~znimtion
inSs or sz~pl=s shall not relieve CO~~OR from under workc~' or workmen's compensation ac:s,
~sponsibilky for any v~atJon from zh= rcquir===ms of ~h= btntfi: aczs or o~hcr e=pioye= b=nt~z aczs.
Contact Documents unless CON~OR h~s in writing
~]ed S~G~S~R's attention to e~ch such vacation at ~ 6.~ ~e obii~tions of CONT~OR under p~-
time of submission as required by pa~g~ph 6.~.2 and ~ph 6.30 sh~l ~ot extend to thc liability of
~GIN~SR has given wHutn app~v~ of each such v~a- ~GI~R's consukams, agen~ or employees aHs~ng ou~
tion by a spe:~c ~uen notation ~e:eof ~nco~om~ed in or of the prep~tio~ or approv~ of maps, ~wings, opinions,
accompanying the Shop D~wing or s~mple zpprov~: nor r~pons, su~eys, ~ange Order,' desi~s or speculations.
~li any app~v~ by ~NGI~R re~[:ve CON~OR
gram ~spons~o]lity for e~o~ ar omissions in ~h~ Shop Draw. _
Jn~s or from responsibility for having complied with ~e pr~ ~CL~ 7~R WOR~
visions of pa~ph 67~. I.
6.1S. ~e~ a Shop D~w/n~ or s~pic is reguired by ~e Re.ted Work ~
~pt:i~cations. any related Work p~do~cd pdor to ~NGI- 7.1. O~ERmayp~ffo~o~hcrworkrctaled:och:~vj-
NE~R's r~vi:w and approval of th= p:rAn~nt submission will
cc: ~ :he sitt by OWNER's own forc:z, have ot~tr work
b: th: sole ex,:nsc and responsibiiky of CONT~OR. .. ~o~:dbyu~tyo~e~ort:~o~herdirec:cont~c:~th:r~for --
which sh~ cont~ Gene~ Conditions simil~ to ih:se. ~
Continuing the ~;~rk: th~ fac~ that such other work is to be pe~o~ed was not noted
in thc Cont~c~ Documents, wducn notice thcr==f will bc
6.29. CON~OR sh~ c~' on thc Wo~ ~d adhere given to CON~OR prior to stming any such
to :~t pro~:ss schedule du~ng ~I disputes or disbar:merits work: and, if CON~A~OR be!loves tha~ such
with OWNE~. No Work sh~l be d:!aycd or postponed pond- manet will involve additional expense to CONT~OR or -
lng r~solmion of any disputes or dis~:m~n:s, cxc:pt ~ requires addition~ time and thc pmics arc un=bl~ to ogre:
~iucd by pam~ph 15.5 or ~ CONTRA~OR and
as to thc extent thereof. CONT~OR may make a claim
OWNER may o~hc~isc a~cc in writing, thcr:for as provid:d in Anicl:s I1 and 12. --
7.2. CON~OR sh~l ~ord each utility owner and
[ndemnific:ion: other contractor who is a Fany to such a direct contract (or
6.~0. To [hr fullest cxtcm pcmitt:d by ~ws and Regu- OWNER, flOWER is p:~oming thc additional work with
la,ions CONTRACTOR shall indemnify and hold hornless OWNER's cmp[oye:s} proper and s~c ~cc:ss to th: si~c and
OWNER and ENGINEER and thor consul[ams, agcms and a rc=sonable oppo~unity for tht introduction and storage of
employers from and against all claims, damages, losses and matcfi~s and ~quipm:nt and th: :xccufion of such work. and -
cxp:nscs, dire::, indirec: or consequ:ntial (including but not shall property connect and coordinate the Work with ~hci~.
limited ~o rc:s and charges ofcnginc:rs, architcc:s, attorneys CONTRA~OR sh~l do ~1 cutting, fitting and patching of
and other professionals and court and arbitration costs) ohs- thc Work tha~ may bc required to make its s~vcmt p~ns corec -
lng out of or resulting from thc pcfformanc~ of the Work, together properly and imcgmtt with such other work. CON-
TR.-~cTOR ~ha!! not cn~anSct' atny work aFock~rs by cuzzinc, lures which have E::n utiliz:~ ~y ~NGZN~R in
cxcava~ns or othc~'ist a[:~ng thc~r work and w[~l only cu~ thc Drawings and
or alter thc?r wor~ wizh th: w~Zcn cons:m o[
~ an~ ~hc others whose wor~ w~ll bc ~ectcd. The ~mics an~ 8.5. OWneR's r:spons~:~:~:s in r:sr::z of
rcsponsibiI[t~:s o~ CONT~OR un~=r this p~mph ar= and ma;n~[n~ng lh~il~y and 7rc~:~y insu~:~ ar: s::
for thc bcnc~ or such utilhy owners and oth:r c:mmctors in p3m~phs 5~ ~ro:~h 5.g. '
~ to thc cxtcnt that there arc comparable prov[sio:s for thc
b~nc6t or CONT~OR in ~id dir=:t contracts b=twc=n 8.6. OWNER is o~li~atc~ :o c~c:ut: Ch~ng~ O~:~
OWNER and such utility owners and other cont.:tom, indicated ~n p~ph 10.4.
7.3. Irony pan or CONTRA~OR's Work ~:?:nds rot 8.7. OWNER's r:spo~s~!~ty in res?::: of
pre;er exception or rcsu~s upon thc work or any such oth=r inspections, tests an~ ~;prov~s ~s set ~a~ ~n ;~;~;:~
~ comrzcmr or utility owner (or OWNER),
sh~l inspect and promptly report to ~NG[N~R in w~ting 8.8. ]n connection wkh O~%'~R's ~h: ~o szor Work or
any delays. ~:F::ts or ~:~:~cnc{cs in such work that rcn~:r suspend Wor~. sc: 7~&mphs D. ]0 and I~.]. Pam~;~
_ it unavailable or unsuitable for such proper c~::ution an~ deals with OWNeR's ~hz :o ~:~inac~ s:~'ic:s c~ CON-
results. CO~T~OR's f~urc so to r:pon ~iil constitute TRR~OR un~:r ::~in
an acc:plan:: o~ thc other work as fit an~ proper ~or inttg~-
lion w{~h CONT~OR's Work Cx::pt for lot:ne or non-
appar:nt der:ets and d~5:icnci~s in thc other work. ARTICLE ~ENGINEER'S STATUS DURING
CON~RU~ION
~ Coord~on:
~* 7.4. If OWNER contmc~ with oth:~ for ~ pcffor- Owner',Represen~qve:
mznc: of ot~:r work on the ~oject at ~: s/ce, ~: person or 9. I. ENGINEER will b~ O~%'~R's ~;re~entati,'~ dur-
~ organimcion who will have authority and responsibility for lng th: consent:ion pe~od: ~:: dutie~ an~
coordination of thc ac:iviti:~ among th: v~ou~ prima con- ~d the Iimimtion~ ofauthodty of ENGINEER as OWNER's
trot:ors will be identified in ~e Supplamema~ Conditions. representative during constra::ion ~e se: fonh in t~: Con-
~and the ap::i~: matt~ to be cove~d by such auh5odty and tract Documents and aha~ no: ~: extande~ without w~ttan
responsibiiity will be itemized, and th: extant ofsu:h author- comant of OWN~ and ~NGiNE~R.
ity and ra~pon~ibiiitiea will be provided, in ~e Supplementa~
~ Conditions. Unless othe~se providad in the SUgpt~mant~-
V~i~ ~ She:
Ca~d~fion~, ~:~:h:r OWN~ nor ENGiN~ sh~ have any
au:~o~ty or ras~onsibiiity ~ rtsp~:t of such coordination. 9.2. ENGINeeR will m~<: visits to th: site at int:~als
~* 7.5 ~ag~ Work approp~a:e to the v~ous stag:~ of cons:~a:fion to
the pro~-:ss and qu~JJ~y o~ [~= executed Wor~ and to
ARTICL~ ~WNER'S R[hPONSi~IL~I~S m/nc. in gcnc~, ~ ~ Work is proc~:d~ng in ac:~r~anc:
~th ~t Contmc: Documents. Ea'G iNE~R ~ not b:
to m~: :~austiv~ or condn~c: on-site ~s~::ions to
g.I. O%~'ER shaiI issue ~1 communications to CON- th~ qu~ity or quantity of th: Work. ~NGINEE~'s
T~OR through ENGINEER. wiIl b~ d~at~d tow~ pmvid~:g for O~'~ a ~at:r
of conHdanc: that ~: com~:::~ Work w/II confo: to
8.2. In cz~: of te:iaation of the :m~ioym:m of ENGI- Contract Docum:ms. On th: ~is of such visits and on-site
NEAR. OWNE~ shall appoint an en~ne:r, against whom obsc~'ations as an '.p-ri.-.- ..'-.,-:~. and quailed design 7rofcs-
~ CONTRA~O~ make,'no reportable objez:ion, whose sea- signal. ~GINEE~ wiiI keep OWNER info.ed oft~: prop-
ms under the Contact D~:mcnta sh~I b~ :hat of :he ~o~cr tess of ~e Work and will endeavor to guard OWNE~ zgainst
ENGINEER. Any dispma in c~nne::ion with such appoini- deft:es and daici:n:i:s in th: Work.
~m:a~ sh~l ~: subject zo ~imtion.
8.3. O%~E~ shall ru~sh cbc da:a r:quircd of OWNER
_und:rt~:Con:~::Doc~m:ncaprom~tl>,andsh~I~akcpay- **9.3. ~ OWNER and ENGINEER agree. ENGINEER
re:ms to CONT~h~OR prom~dy ~::r they :: due ~ will furnish a Resident ~:~::: Rcpr:scmative to ass/st
provid:d in F:~gmphs I4.4 and 14.13. ENGINEER in obse~ing th- --~ c-
· - ~-..oman . orthe Work. The
duties, responsibilities and li~!:ations or authority or any
8.4. O~EX's duties in reapec: or providing lands and such R:sident ~:je:: Re?fas:motive and ~sistants will be
easements and providing engineering su~eys to establish as provided in the Supplem:x:~ Conditions. If OWNER
rtl:fane: points are set forth in pmgmphs 4.1 and 4.4. P~a- designate~ anot~ar agent to ~?r~sen~ O~ER a~ t~=
--~?h 4.2 ret:rs to OWNER's id~mffying and making avail who is not ENGINEER's ag:m or ~mployee. the duties.
able to CONT~A~OR cop/cs ofre~ons ofexplo~tions and responsibilities md limitations of authohiy of such other
tests ofsubsc~::: condhions a~ the sit: and in existing stsc. person will b~ as provided in tS: Supplcm~n:a~ Conditions.
such written cl~fi=tions or intc~rcmfions af th= rcquir=.
mcnts of [he Contract ~cumcn[s (in ~c ro~ of Drawings Dccb~ e.
ovc~ imcnt of~c Con.ct ~cumcnts. IfCO~~OR requirements of thc Con~:: ~cum:n:s ~d jud~: of thc
~Iicvcs t~a[ a ~cn cl~fi~cian ar intc~c~t{on justifies acccp~il[ty of ~e Work ~.:rc=ndcr. C~ai=s, dispu:=s and
an Jnc~sc Jn ~c ~nt~t ~cc or an cx~enslon o~ ~h: other mactc~ relating to)b ..... r~bd~,~ o .....W~rk o: ~c
Contact Time an~ [he p~ics a~ u=ablc to a~-.,.c to thc Jme~rc~zionofthcrequ;~m:~:softhc Cc=:~=z
~ount or c~:=nt thc~of, CON~OR may make a claim preening to thc p=~o~an== ~zg ~amish~=~ cf L~c Work ang
th=friar ~ p~vidcd in .~iclc I I or A~ic~c 12. claims under ~JcJ=~ ] ] a~ 1= in r~s7==: cf chang=~ i=
Contact ~cc or Coat.at Tiaa will ~ r=f=xcd init:z:[v to
~GINEER in ~dng wi:;~ a r=qu:st for a fo~ d::?sion
Au~o~t~ $~o~ ~ ~r~* .c:or~c: with this p~m~ph, which [NGINEER will
9.5. ~GI~E~R may au~ho~ze minor vadzdcns in thc dc ~ ~[in; wi[Mn a rcascnzblc dm:. WH[::n no:ice of
Work ~m ~= ~uLm~en= of ~c Con~mct ~c~m=nts which c,ch s:ch claim, dispute an~ o:~=r mat::r will be d:?i~
do not involve an adjustment in th= Contact ~:: or th= by th~ cl~mant to ENGINEER ~d t~= o::~=r pa~y [o
C=n:~:: Tim= and =~ consistent with the ov=~II in~=n: of Agr:==:n[ prompdy ~ut in no went Ia:== :~an thi~y
~. , ~ter thc occu~cn:= of th= event giving ~s= thcr::e, and
the Cont~c: Do:umcnts. Tncsc may bc ac:ompashe~ by a
'Ficld Order and wi~ bc bin~ing on OWNER. and ~so on written suppo~ng da:a will ~: submin:g :~ ZNGINEER an~
CONT~0R who sh~l pego~ ~e Wor~ involved thc o:h:rp~y within sixty gays ~:r su:S o::~=:~:: unicss
promptly. ~ CO~~OR bcli:vcs that a Fieid Ord:r ENGIN~ZR ~lows ~ adii:icn~ pe~ or :ira: m as::r~in
thc Cont~c: ~mc ~nd thc p~ics ~: unable to agree as to
9. I2. ~cn fun:donnaS zs int:~rt:tr ~nd jud~:
the amount or extent thor:of, CONT~OR may make a
cl~m th=r:for aa provided in A~c!= 11 or I2. paragraphs 9.10 and 9.11, ~NGINEER will not show
tiality to O~R or CON~OR an~ will not ~: liabie
in connection wi~ ~y intent:cation or d::ision r:n~:red
ROcffng Dele%five Wor~' ~ good f~th in such =pacify. ~e rende~eg of a decision by
9.6. ENG~E~R w~I have autkofi~ to disapprove or ~NGINE~Rpu~u~atto~n~hsg. I0a~d9.11
reject Work which ENGLN~R bci{evea to be defective, and to any such ct~m, dispuz~ or oth:r matter (:~::pt =y which
wiil ~so have authority to require spt:ia[inspection or tcstin~ have beta wMvc~ by thc making or ac::;:znce of fin~ pay-
m:nt as provided in pa=i~ph 14.15) a~II be a condition
of thc Work u provided in p~h 13.~, wh::~er, or not
thc Work is fa~H=ted, ins~Jed or c~mpJe~d, prcced:nt to any ~crcisc by O~ER or CONT~&~OR
of such fights or remedies as t~:her may o:h:~i$~ have under
the Cone=ct Documents or ~:,' ~ws or R:g:!adons in
9.7 In connection with ENGINEER's ~spo-nsFaility for
Shop D=wings and samples, see F:mg~phs 6.~ through
9. I3. ~either E~GI~EE~'s autho~ty to act under this
9.8. In c~nntction with ENGI~'EER's responsibilities as Article 9 or elsewhere in t~: Cone=ct Documents nor any
to Chang: Or~:m, set A~icles I0, I 1 and I2. decision made by ENGINEEX in good fzJ[~ either ~o
or not exercise su:h autho~:y s~all gfv: 5s: to any duty or
9.~. In conner:ion with E~GI~'~X's res~nsibilifies in responsibility of ENGINEEX to CONTXA~OR. any Sub-
resF=:: of ApFiicadons ~or Payme=t, tic., see Article 14. contac:or, any Supplier, or z~y other ~:rson or or~ani~tion
pedo~ing any of the Work, or to any sur:~y for any of
De~e.~fr~ionsfor Un~ ~es: 9. ]4. ~cncvcr in thcCanc~ct Doc:roches thc ~e~s "as
** 9. I0. ENGINEER will dctc~=: thc ac:u~ quantit~:s' oral:etd", "as directed", "~ required", "as allowed", "as
and ringsides:ions of Uni~ PHcc Work ~
p=,,o~., by CON- aFFroved" or :e~s of like cT:ct or {=po~ are used. or the
T~OR. ENGINEER wiIl review with CONT~OR ad~:::ive$ "reasonable", "suitable", "ac=:r:able", "proper"
ENGINEER's prciJm~na~ dctc~inations on such matt:cs or "sadsfacxo~" or adjectives of like :~::l or imFon are
be;ore rcn~:sng a written dec~sion cStr:on (by rc:ommtn, used lo describe a rcquire=:=t, direction, r:view orjcdgmcn[
dation of aa Appi~cation for Paym:~c or o[hc~'is:). ENG[- . of ENGZNEER as to thc Work. it is intended t~a[ such
NEER's walt:tn decisions thor:on will bc final and binding requirement, direction, review or judgment will be solely to
upon OWNER and CONT~OR. uMcas, within ich days cvaluatc thc Work for com~i{anc: with thc Contncl Docu-
deer :he d~te of any such decision. -;'~-- , .c
....... O~ N-R or CON- mcnts (unless there is a sFtcific slalcmtnt indicating o[hcr-
T~&~OR de!ivers to thc other party to [he Aero:merit and wise). Thc usc of any su:~ t:rm or adj:ct~vc shall no{ be
20
effective to assign to I:NGIN£ER any duty or authority to 10.4.3. changes in the Cont.~ct Price orCont~ct Time
supervise or direct thc furnishing or performance of thc Work which embody thc substance of any wrhten decision rcn-
_ or any duty or authority to undertake responsibility contrary doped by ENGINEER pursuant to para~-~ph 9.1 ]:
to thc provisions of paragraph 9.15 or 9.16. provided that, in Iicu of executing any such Change Order.
an appeal may be taken from any such decision in ac:or~ance
9.15. ENGINEI:R will not bc responsible for CON- ~ththcprovisionsofthcContrac:Documcntsandapplicable
~TKACTOR's means, methods, techniques, sequences or pro- I~ws and Regulations, but during any such appc~J. CON-
cedurcs of cons:ruction, or thc saJ'cty precautions and pro- TRACTOR shall catty on thc Work and adhere to t~e prog-
grams incident thereto, and I:NGINEER will not be rcspon- ross schedule as provided in pa,'-a.~"aph 6.29.
'"'sibic for CON ~--T,.ACTOR's failure to pt.'form or furnish the
Work in accordance with the Contract Documents.
10.5. If notice of any change a.ffccting the ge.-.e.-d sc~pc
of thc Work or the provisions of the Con~.-~:t
9.16. ENG[NI:ER will not be respons~Ic for the acts or (including, but not limited to. Contract Pr/:,- or Cont"act
omissions of CON-I'RACTOR or of any Subcontractor, any Time) is required by the provisions of any Bond to ~ given
Supl:licr. or of any other pc:'son or organization pe:'forrning to a surety, thc giving of any such notice will bc CO.N ~'TRAC-
_or furnishing any of the Work. TOR's responsib/lity, and the amount of e~ch appii:ah~e Rond
will be adjusted accordingly.
LRTICLE 10~CHANGES IN THE WORK
ARTICLE I I--CHANGE OF CONTRA~ P.:LICE
10. I. Without invalidating the Agreement and without notice
I l.l. The Contract Price constitutes thc total campen-
.o any surety, OWNF--R may, at any time or from time to
time, order additions, deletions or revisions in the Work: sation (subject to authorized adjustments) payabie to CON-
~"hese will be authorized by a Written Amendment, a Change TRACTOR for performing the Work. All dutihs. ~sponsibil-
)rder, ora Work Directive Change. Upon rece.~ptofanysuch ities and obligations assigned to or unde,"t~en by CON-
document, CONrf'RACTOR shall promptly proceed with the TR-s. CTOR shall be at his expense without change in the
--Work involved which will be performed under the applicable Contract Price.
onditions of the Contract Documents (except as otherwise
specifically provided). I 1.~ The CohO'act Price may only be chang~ by a Ck. ange
Order ar by a Written Amendment. Any claim for an increase
or decre~e in the Contract Price shall be based on written
10.2. If O%~'NER and CONTR. ACTOR are unable to _agree notice delivered by the party making the clzim to the other'
,,s to the extent, ff any, of an increase or decrease in the
Contract Price or an extension or shop:et:lng of the Contract party and to ENGINEER promptly (but in no event later than
'ime that should be allowed as a result of a Work Directive thirty days) al'for the occurrence of the event giving rise to
the claim and stating the gene.'-eJ nature of the claim. Notice
_'h~nge. a clnlm may be made therefor as provided in Article
11 or Article 12. of the amount of the claim with supporting data shall be
delivered within sixty days Mter such oc:u:'rence (ur2ess
ENGINEER allows an additional period of time to
10.3. CONTK., 4CTOR shall not be entitled to an increase
more accurate data in support of the claim) and sh~l be
in the Contract Price or an extension of the Contract Time accompanied by claimant's written statement t,~,at the -~mount
--ith respect to any Work pe~ormed that is not required by claimed cove,~ all known amounts (direct, indic'cc: and
~e Con,race Documents as amended, modified and supple- sequential) to which the claimant is entitled as a result of the
merited as provided in p~phs 3.4 and 3.5, except in the occurre::ce of said event. All claims for adjustment in :he
~',-se of an emergency as provided in p:~graph 6.22 and Contract ?ri'ce shall be determined by ENGINEER in-~c:or-
ccept in the c.~e of uncove.~,ng Work as provided in pa.r~- dance with paz'a&raph 9.11 ff O%~ER and CONTRAC'70R
r,l~p h 13.9.
cannot otherwise agree on the a.,nount involved. No c~.=im
for an adjustment in the Contract Price will be valid Lt' not
10.4. OWNER and CONTR.~,CTOR s~all execute appro- submitted in accordance with this paragraph 11.2.
~,'iate Change Orders (or Written Amendments) cove, lng:
11.3. The value of any'Work covered by a Change C)~er
10.4. I. c~anges in the Work which are ordered by or of any claim for an increase or decrease [n the Con::~ct
OWN ER pursuant to pa~.~'-aph 10.1. ~e required because Price sh~ be determined in one of the following ways:
of acceptance ofdefecti%.e Work under paragraph 13.13 or .. · ..:. ,.
corr, e~ing defective Work under pa,mgruph 13.14, or are il.3.1. Where the Work involved is covered by unit
agreed to by the parties: prices contained in the Contract Documents. by applica-
tion of unit prices to the quantities of the items involved
10.4.2. changes in the Contract Price or Contract Time (subject to the provisions of paragraphs 11.~.1. through
which are agreed to by the parties: and 1 !.9.3. inclusive).
1 !.3.2. By mutual acceptance o~' a lump sum (which to thc other provisions of'thc Contract Documents msot':u'
may include an allowance for o~-crhcad and profit not as applicable.
ncccs~ly in acco~ancc ~th ~ph 11.6.2.1).
I 1.4.4. Costs of s~:i~ consultants (includin& bu~ no~
11.3.3. On ~hc ~ o~ ~c ~s~ o~ the Wo~ (deter. limited to cn~inecn, a~hkcc~s, lcsting labon[anes, s~-
mined ~ provided in ~phs I 1.4 and l l~) plus a vcyo~, attomc)'s and ac~untants)employed for sc~ic:s
' CO~~OR's Fcc for ovc~d and profit (deter- s~c~fic~ly rc~a~cd to thc
m~ncd ~s provided in p~phs I 1.6 and l 1.7}.
~ 1.4.5. Supplcmcn~ costs including ~hc
~ion. travel and subsistence c~nscs o~ CO~'T~*C-
II.4. ~c ~e~ Co~t of ~c' Work m~ns thc sum of ~ TOR's employees incu~d in discha~c o~du~z:s con-
costs ncc:s~ly incu~d and p~d by CONT~OR in netted ~ the Work.
thc proper ~o~ance of thc Work. Except ~ oth~isc
may bc a~c:d to in w~in~ by O~ER. such costs sh~l ~ [ 1.4.5.2. CosL ~nclu~ing t~nspoHation znd ma~n-
in ~ounts no higher than those pr:¥~ling in ~: Jollity of
~cnanc:. of~l matc~s, supplies, c~uipmc~:, moth,n-
Iht Project. sh~] includ: only ~t ~ollowing it,ms and sh~I
c~, appI~::s, o~:: and :cmpo~' fac~iit[:s a~
not inctud~ ~y of thc costs itcm~z:d in p~ph I 1.5: si~c and h~d ~ools no~ owned by ~h: workers, which
~c consumed ~n thc pcr;o~anc: of thc ~'or~. and
I 1.4.1. ~ymll costs for cmpio}'ccs ~ ~e d~:t employ less m~kct value of such ~tems used bu[ no~
of CON~OR ~n ~c pcffo~anc~ of~e Work und:r which ~m~n th~ property of CONT~OR.
sch:duIes of job ctass~fi~tions a~retd upon by OWNER
~d CO~~O~ ~yro~ costs for employees not I1.4.5.3.. Rcn~s of~I col,st~ction ~qu~pm:nt and
employed fu~ time oa th, Wo~ sh~ be ap~nioned on machinc~ and th~ p~s thereof whether r~n::d ~om
~hc bas~s of their time spent on ~ Work. Payroll cos~ CO~~OR or others in ac:ordanc~ with
shall inctudc, but not be Iimit~ to, s~cs and wa~:s agrtcmcnts approved by OWNER with th: advic:
plus the cos~ o~ fringe bencH~ which sh~I include social ENGINEER, and thc costs of t~nsponation, loading.
security cont~butions, uncmploym:nt, cxc~sc and payroU unloading., installation, dismantling and
taxes, workem' or workmcn's co~pcnsa~on, hc~th and thcrcof~l in accordanc~ with tc~s of sdd rcn~
rct~rcm~n~ benefits, ~nuscs. sick Icave, vacation and hol- a~ctmcnts. ~c rtnt~ ofany such equipment, machin-
iday pay appt{~ble ~rcto. Su~ employees sh~l inciud: c~ orp~s sh~l c:zsc when thc usc thcr:ofis no tongcr
supc~ntendcnts and foremen at thc site. ~c expenses of nccess~ for thc Work.
':~o~ng Work ~t~ ~gut~ workin& bourn, on Satur--
.~y, Sun~ay or Ie~ holidays, sh~l be included in ~e 11.4.5.4. Sales, consumer, usc or sim~i~
above to thc ex:cat authored by 0~ ~lattd to the Work. ~d for which CONT~OR
liable, imposed by ~ws ~d Regulations.
I 1.4.~ Cost of ~ matc~ds and equipment furnished
and ~n:o~om~cd in the Work, including costs of ~ns- 11.4.5.5. Deposits lost for ~us:s other than nc~i-
ponation and stom&t ~tcof. ~d Supplicm' riced sc~ic:s gcnc~ of CON~OR, any Subcontractor' or any-
required in connection therewith..~1 ~h discounts s~ one directly or ~n~irtc:ly employed by any of them or
acc~t to CON'T~OR unless O~ER d~posits funds for whose ac~s any of thcm may bc Iiablc, and royalty
w{~h COaTi,OR wi~ whi~ to make payments, in paymcn~ and fcts for p:~its and lic~nses.
which ~sc the ~sh discounts sh~l acc~e to OWNER.
All :~dc discounts, rebates ~d r:funds and ail returns I 1.4.5.6. Losses and damages (and rcla~cd
from s~e of su~lus ~tc~s ~d equipment shall ac:~ expenses), not compensated by insulate or other(sc.
to OWNER. and CON~A~OR shall make provisions ~o thc Work or othc~isc sustained by CONT~OR
so that they may be ob~ncd, in connection with the pc~o~anc: and furnishing or
the Work (except losses and damages within thc
II.4.3. Payments made by CONTRA~OR to thc deductible ~ounts ofpropcny insumnc: established
5ubcontmcto~ for Work pc~o~:d by Subcontractor. by OWNER in accordance with p~gmph 5.~}, pr~
~ re~ir:d by OWNER, CON~OR shall obtain vidcd they have rcsuhcd from ousts other than thc
competitive bids from Subcontractors acceptable to CON- ncgligcnc~ of CONTXA~OR. any Subcont~:tor. or
T~OR and sh~l deliver s~:h bids ~o O~ER who anyon~ directly or indircczly employed by any o~ them
wiU then d::c~ine, wkh ~hc advi:: of ENGINEeR, whi~ or for whose acts ~ny of them may bc liable. Such
bids wi~ be accepted. If a sub:ontmc~ provides that thc losses shall include settlements made wi~h th: w~tcn
Subcont~c~or is lo ~ paid on the basis of Cost of the consent and appro¥~ of OWNER. No such losses.
Work Plus a Fcc, the Subcont~ctor's Cosl of thc Work damages and expenses shall be included in ih: Cos~ of
shall bc dctc~ined in thc same m~nncr as CONTAC- thc Work for thc pu~ose of dctc~ining CONTR,~C-
TOR's Cost o/~hc Work. Ail subcontracts shall be subject TOR's Ftc. If, however, any such loss or d~magc
requires reconstruction and CONTRACTOR is placed CO:%TRACT'OR's Fee:
in charg: thereof. CONTRACTOR shall be paid for ! 1.6. The CONTRACTOR's Fee allowed to CONTRAC.
services a fcc proportionate to that stated in paragraph TOR for overhead and profit shall be det=.,':v, ined as follows:
11.6.2.
! 1.6. I. a mutually acceptable fixed tee: or ~ none can
11.4.5.7. The cost o£ utilities, t'uel and sanirar7
facilities at the site. be agreed upon.
! 1.4.5.g. Minor expenses such as telegrams.' long II.6.2. a fee based on the following percenta.z-.s
distance telephone calls, tel=phone service at the site, various portions of' the Cost of the Work:
cxpressage and similar petty =sh items in connection
!1.6.2.1. for costs incurred un,er para~---zT~.s 11.4.1
with the Work. and !1-.4.2. the CONTRACTOR's Fee shall be
II.4.5.9. Cost of premiums for additional Bonds percent:
and insurance required bemuse of changes in the Work
and premiums for property insurance coverage within I 1.6.2.2. for costs in:un'ed under paragra.:h 11.4.3.
the limits of the deductible zm. ounts established by the CONTRACTOR's Fee shall be five per::.-,,.: and if
OWNER in accordance with paragraph 5.9. a subcontract is on the basis of Cost of the Work Plus
a Fee, the maximum allowable to CONTRACTOR on
I 1.5. The term Cost of the Work shall not include any of account of overhead a~d profit of all Subcon:,-ac:ors
the following: sh~dl be f'd':een
I 1.5.1. Payroll costs and other compensation of CON- I 1.6.2.3. no fee shaII he'payable on the basis of
TRACTOR's office~, executives, prfncipals (of panner- costs item~e~ under ~phs II.4.4. I I.4~ ~d 11.5;
ship and sole propdeto~hips), ~ne~ managers,, engJ-
ne=~, ~hitects, estimator, aztom=ys, auditor, accoun- II.6.2.4. ~c ~ount of credit to be ~owed by
rants, push,lng ~d contacting ag=ms, expeditor, CON~OR to O~'~R for ~y such ch~: which
timeke~, clerks ~d other pt~onnel employed by gsults in a net de:g~e in cost w~l be ~e ~=e~ of
CON~OR wh~gr.at thc site or in CONTAC- , ~eactu~netdecrcaseplusad~ductioninCO!.'T?..~C-
TOR's p~ncip~ or a b~ch ofgc~ for gene~ administ~- TOR's Fe: by an ~ount equal to ten per:ca:
tion ot~e Work ~d not s~:ifi~ly in~uded in the a~et~ net decr~me: and
upon schedule of job clmsifications ~f~ed m in ~-
~ph 11.4.1 or specific~y covered by pa~ph 11.4.~ I 1.6.2.5. when bo~ additions ~d credits
~I of which ~e to be consider:d administmtive cosu ~volved in my one change, the a~ustment in CON-
covered by the CO~~OR's F:~. T~OR's Fee sh~l be computed on the basis of:he
net ch~ge ~ ac:ordanc~ with p~phs 11.6.2.1
I 1.5.Z ~.~penses ~f CO~~OR's pffncip~ ~d
b~nch o~c:s other th~ CONVeYOR's o~ce at the ~oagh 11.6.2.4, inclusive.
site.
11.7. ~enever the cost of~y Work is to be
I 1.5.3. Any ~ ofCO~~OR's mpi~ ~x~nses, 'pu~uant to p~ph I 1.4 or I 1.5, CON~OR will
including ira:rest an C0~~OR'S ~pi~ employed submit in fo~ acceptable to ~NGINE~R ~ item~::~ cost
for the Work ~d chics ag~nst CON~4~OR for breakdown toge~er with supponin~ dam.
d:iinqu~nt payments.
11.5.4. Cost of premiums tot ~ Bonds and for ~
~su~ce whether or no~ CONT~OR is rtqui~d by 11.8. It is un~:~to~ ~at CON~OR has in:!ud~d
~e Con:~ct ~umen~ to pu~e and m~n~n t~ ~ th~ Contract ~c: ~ ~lowanc:s so n~d in ~ Commct
s~c (cxc=Tt for ~e cost of premiums covered by sub- Documents and sh~l cause ~e ~rk so cove~d to b= done
p~ph 11.4.5.9 a~ve), by such Subcont~cto~ or 5uppiie~ ~d fo~ such sums within
~e li~t of the ~lowanc~s m ~y b~ acc:ptable to ~NGI-
II.5.5. Costs due ~o ~e negigtnc~ of CO~C. N~R. CONT~OR a~:s ~at:
TOR, my Subcon~c:or, or anyone directly or indirectly
employed by ~y of ~m or for whose acts ~y of them II.8.1. ~ ~lowanc~s include ~e cost to CON-
may be liable, including but not limited to, th~ :o~czion ~OR (l~ss any applicable ~dt discounts) of mate-
of defective Work, dispos~ of ma~e~s ar equipment ff~s ~d equipm~m ~gu~:d by ~e~o~c~s ~o ~
~ongly supplied md m~ing go~ any da~ge to pro~ er:d at ~e sire. ~d all applicable ~es: ~d
eHy.
I1.8.2. CO~~OR's costs for unloading ~d
11.5.6. Other overhead or gtn:~ expense costs of handling on ~e site, labor, inst~lation costs, overhead,
my kind md the costs of any item not specifically and profit ~d other ~xpenses contemplated for the ~lowances
expressly included in p~ph 11.4. have begn included in the Com~ct ~ce ~d not in
a. Ho~.'a. nc-"~. NO ~eman~l ;0~ '~ ......... r~. ................
agree, No cl~m for ~n adjus;m:nt in th~ C~n~:i Tim~ ~'~
~or (o ~n~ payment, ~ aFFropga:c Change Order will ~ bc valM ifnot submi:t:d in accordance wi:h Lb: rcquir:~:na
issued ~ ~=omm~nd~d by ENGINEER to ~::1 actu~ o~this p~m~ph ~2. I.
on maG:at of Wor~ ~vcmd
~ounts
CO~~OR
by ~lowan:=s, ~d [h~ ~n~ct ~:: sh~l bt co~spond- I2.2. ~c Con:mol Tim: ~ be ~xt:=~:d in
ingly adjusted, cqu~ to ~mc lost du: to dc!~ys beyond th: conu-oI of CON-
~i~OR ~ a cI~m is mad~ therefor ~s provided
pph ll.l. Such d:hys sh~ i~:!udt, be: no~ ~
I13.1. ~e~ ~ Contract D~uments provide that work ~s contcmplat:d by ~:!: 7, or to fires, fl~gs,
· c Work is ~ Uni: ~:c Work, initially dispu::s, tpidcmi:s, abno~ w~ihcr ~i:ions
or
p~
~c Contm:t ~cc w~ b~ de:me~ to include tar ~ Unit God.
~c~ Work m ~ount ~qud ~o th~ sum of~e cs~blished
unit p~c:s for c~ch scp~tcly id:n~i:d i~cm or Uni~ P~:: 12.3. ~1 ~mt limi:s s~:~ in thc Co:~:~
Work tim:s th~ cstimat:d quantity o[ ca:h kcm as indi- ~c o~ :% csscnc: or ih: A~::m:m. ~: ~mvisiens c~ this
CSII,,,I,-- _
mt~d in Iht A~c:mant. ~ '~ "a quamiti:s of items Aaicl: 12 sh~l not ~x:!ud: r::ovc~, for ~ama~:s
of Unit ~:: Work ~t not gu~-~:::d and ar: solely for but no: limited to fe:s and ch~:s of c=~n::m,
thc pu~os= of comp~qson of Bids and da:c~ining an attorneys and othar profassioa~s and caun and
inltial Con:~ct ~c=. D=t=~inations of th= a=:u~ quan- costs) for d=!ay by =~Ca=r party.
dd=s and classifications of Unh P~:= Work pt~o~td by
CO~~OR wi~ b= made by ~NG~EER in ac=or-
dance with P~g~ph 9.10.
1i.9.2. Each unit ':, w/II bt de:mod to in:lude an
pn ' AR~CLE I~WA~N~ .~ND
~ount e~mid~ed by CONT~OR to be ad:quote to
cover CONVeYOR's overhead =d profit for each sc~ TESTS ~D ~SPE~IONS;
CO~E~ON, REMOVAL OR
aatt!y id:miffed item. ACC~TANCE OF DE~IVE WORK
...... · .......... ~ ........... 13.I. CONTRACTOR w~r~nts and guaran:::s
· -r- a: ::~l:;~dia~ OWNER and ENGINEER that ~ Work will bt in
C:~7Z.'.~TDZ ~::]:v:: :hr: ~2~'7Z.'.CT2Z k:s ~o~t notice of ~1 d:~:::s shall bc ~v:n to CONT~IC-
[n:u~e~ :~:!:n~ exrex:, as .; .... :Sere:f. CON- TOR. All defeczive Work, wh:th.cr or not in place, may
~,'.~ZF....:y ...:1:: "-' fo: :: ?n:r:::e 5 :~t Con-
' "-:'R' rej::::d, co~eel:d or ace:=ted M provided in this A<~: !~,
· ~. 9 4 NO ~=-nea P~v ~t~ Atte~ tO ~or~'
IL1. ENGINEER and ENGINEER's
~CLE !~HANGE O~ CONT~ ~ME oth:r r:;rei;ntatives of OWNER, testing ag:holes and gov-
cmm:~ agencies ~ithju~s~z:~on~ inttr:sls will hay: ac:ess
to ~: Work at r~sonabI~ rimes For their ohs:marion.
ILI; Tn:Ccn~ctT~:mayon[y~::h~gedbyaChan~: and testing. CON~t~0R shall provide profit and
Order or a Wg:t:n Amc:al=rm, Any claim for an extension conditions for su:h ar:ess.
or short:ri{nS oCthc Contract ~mc sh~l be based on wdacn,
notice dciivcr:d by thc pony makin~ the ctaim to thc other
p~)' and ~o ENGINEER FromptlY ~ut in no event later than res= ;sd Inspection:
thi~y days) aher thc o::u~tnce of tiaa event gfv{ng dsc (o 13.3. CONT~ORsh~l~vc ENGiNEERtim:~)'notic:
the :loire and stating the Several nature of thc claim. Notice of re:dincss of the Work for all required ins~::tions, tests or
of th~ extent of th: claim with supporting data shall be de!iv, approves.
crtd within s/x:y days deer such oc:ux:nc: (unless ENGI-
NEER allows an additional period of tim: to asa:main more ~ 13.4. !f '_ay,. ..... :: 7,:gui:=tens of ::1' e--4-u"- ~, ~.
aczumtc dal3 {n support of iht claim) and shall be accom- ~u ........ n reqr?:~ :z;' , ...... ?:~ :kerecD ',3
panied by the claimant's wNttcn s:at:m:nt that the adjust- be ~z:~::eg. :ii:ag :r :7r-:"l~. C?3'TR.L~7
m:nt claimed is thc emir: adjustm:nt to which thc claimant ~su~ r'~ll respo=~i~?i~:';' :Ssrefa~. pay ~1 ~s:s ~n -; .....
has rt:son to b:iievc it is enlitlcd asaresult of the occu~cnc= tker:',':'~ 3,~ e,...:,~ =Y~)':zR '~ .... :er-~" '~ ....
of said cvcm. Ali ciaims for adjustmem in the Contract Time. eC~:r~c~!cn. ~7I':': cr :77':":~- CC)'7R.'.GTCR :ko::
24
bc rcspansibic for and shall pay all costs in conncctlon with Chcreo£. CONTRACTOR may mz~c ~ c~im chcrc~or
any trisection or testing required in connection with 0~- vidcd in Articles II and
-- ER's or ~G~R's acceptance ora Supplier of ma~e~s
or cquipm~n~ proposed to ~ inco~ted in ~e Work. or o[ Owner M~ 5~0~ ~e
ma~e~s or equipment submitted for approval p~ar to CON- ~3.~0. Z[ the Work is ~e~ective. or CONT~OR fails
~ T~OR's purchase thc~offarinco~o~tion in thc Work. (o supply su~cicnt skilled warkc~ or sui~ble m~ce~als or
~c cos~ of~l inspections, tc~ts an~ approvals in addition to equipment, or Eails to Eumish or p~ffo~ thc Wor~ in su:h a
t~c above whkh ~c ~quircd by the Con,ct Documents way zba~ th~ completed Work will confo~
shall bc p~d by O~R (unless otM~isc spcciRcd). Documcms. O~'~R may or~cr CONT~OR to s~op thc
Work. or ~y portion the~oE, un~J] thc cause ~or su:h
~ 13.~. /~?. ~ng?e~:i~. :~r:: ~ :r?:~':k o~' '~'r :h~e has been eliminated: however. ~is ~ght or OWNER to stop
ju~sdicti~n sha~I ~ pe~:~d S}' er~aniz::i~{ ---~:~ to ex~is~ this ~g~t for ~ bgnefit of CONT~A~OR or
~ ~WN'g~ ang CO~'T~~ (:: ~' ~N~N::R if ~= any other pony.
Co.redan or Remov~ o~ Defec~ve Wo~:
13.6. ~y Work (including the work of other) ~a~ ~s
~o bc ~n~pc:~:~. ~e~:~d or app~ved Js covered w~hout ~tn ~3.~ Z. ~requ~r~d by ~GZ~R. CO~T~OR
concu~cn:: of ENGInEeR. i~ must. ~reques~ed by ENGI- promptly, as di~czed, ci~cr co~ect ~ ~/eczive Work.
N~R. be uncovered ~or obse~ation. Such uncove~ng sh~ whether or not fabH~ted, inst~led or camptetc~, or. if the
be at CO~~OR's ~xp:nse uni:ss CONT~OR h~ Work h~ be:n gj:==d by ~NGINEZR. ~move it from the
~ven ENGiNEeR timely no~c~ of COndOR's int=n- site ~d replace it with nond¢f¢ctiye Work. CON'T~OR
~on to cover ~e sam~ and ~NGIN~R h~ not acted with sh~l be~ ~I direm. ~direct md consequential costs of such
r=asonabi~ promptness in response to such notice, co~::ion or gmov~ (including but not I~ited :o fees and
ch~es of en~net~. ~hite:n. attorneys ~d oth=r profes-
13.7. ' Neither obse~ations by ~NG~R nor ~s~c- stones) mad= neg:ss~
~ons. tes~ or approvals by othe~ sh~l glieve CON~C-
TOR ~om CO~~OR's oblivions to ~ffo~ ~e Wo~
in account: with ~c Con,ct Document. One ~e~ Come,on ~d:
13.12. If wi~in one y~ glee the ~te o~ Subsmnti~
Comptc~ion or su~ longer p:~ of ~mc ~ my be pre-
s~oed by ~ws or Re,lotions or by ~e terns of ~y appli-
Uucov~H~: ~r~: ~ble speci~ ~tee ~qu~d by the Con.cz D~umcnts
13.8. ~y Work ~s cave=d con~-T to ~e ~ten ~ques/ or by any speci~c provision of ~e Contract Documents. any
of ENG~N~ER. it must. ~ requested by ~NGIN~R. ~ Wo~ is found to ~ defect~e. CO~~OR sh~l 7romp~y.
wi~auz cost to O~ER and in a~o~ce with O%~R's
uncovere~ ~or ~NGiN~ZR's obsen'azion and repl~ed at
CON~OR's expense, w~zzen ins~c~ons, eider c~ic: suc~ defective Work. or.
~ it h~ been ~jec:ed by O~R. ~move i~
13.9. ~ ~NGiNEER conside~ it ncccss~ or advis~ie ~d ~placc it with non,elective Work, ~ CO~%~OR
~at coveted Work be obse~ed by ENGINEER or insetted does nol promp~ty compl~lh ~he ~s of sue,% insw~c~ons,
or c~s~:d by other, CON~bR. at ENGINEER's or in ~ eme~ncy wh~ de!ay would ~use s~ous Nsk of
request, sh~! uncover, expose or oche~ise make av~iabi~ loss or damage. OWNER any have ~e He/erri~e Work cor-
rected or ~e ~j:::ed Work ~oved and ~plac:~. and
[or obs~'a~ian, inspection or t~i~in$ as ENGINEER may
r:~uir:. :~ ?anion of ~ Work in ~u:stion, ~mishin~ ail dirt:t, indite;: ~d consequtn~i~ costs ofiu:h rt=ov~ and
ne:tssa~ ~bor. ~e~ ~d equipa:nL If i~ is found ~ha~ ~plac:ment (inctu~n~ bu~ no~ limited to f~:i ~d :h~Scs of
such Work is ~e/tc~ive. CON~OR sh~l .b:~ ~I di~::, engineer, ~hit:::s, attorneys ~d o~r prof:ssion~s)
indire:I ~ consequenz~ cosis of such uncove~ng, ex~ be paid by CON~OR. In speci~ ~u~nc:s wh~r~
sur:. obst~a~ion, insp~:zion and ~:i~ing and of sa~isfaczo~ a p~ic~ item of equipment is placed in com~uous
rtconslm::ion. (including but not limited to fees and ch~s before Subs~nti~ Completion of~l the Work, th~
of :ngin~:~. ~hit~c:s, attorneys and o~h~r prof~isJon~s), pe~od for that item may s~ to mn from ~ :~ii:r
~d OWNER sh~l be entiiltd 1o an a7propNa~e d~:rease in so provided in ~ i~ciic:tions or by W6il:n Amendment.
· e Cont~cl ~::, and. ~ the p~i~s ~e unable to a&~ ~
to ~c amount ~hercof. may ~kc a cl~m ~hercfor as provided Actep~ace
in ~icle 11. If. however, such Work is no~ found to ~
de/tctive. CONT~OR shall b~ ~lowed an incre~e in 13.13. fi. instead of~quiHng co~ction orr~mov~ ~d
· e Contact ~ce or an extension of the Com~c~ Time. or repiactmem of de~ective Work. O~R (~d. prior to
bo~h. direc:ty ait~butablc ~o such uncoveNng, exposure. ENGINEER's ~cammendation of fin~ payment.
obsc~atian, inspection, testing and reconstruction: and. if ENGINEER) prefe~ to ac:tpt it. OWNER may do so. CON-
· e panics'are unable to agrt~ as to the amounl or exlcnt T~OR shall ~ all dire::, indirect ~d consequenti~
costs attributable to OV,'NER's evaluation or and deferral- ARTICLE I4---PAYMENTS TO CONTR.~CTOR AND
nation to accept such d¢,/'eelive Work (such costs to be approved COMPLETION
by ENGINEER as to reasonableness and to include but not
b~ limited to f~s and cl'~rgcs of chanters, architects, after- $chedale oJ' Yalae~: '
heys and other professionals}. Ir'any such acceptance occur~
prior to ENGI~'EER's recommendation of fin~l payment, a 14.1. Thc schedule of' values established as provided in
Change Order ~'LII b~ issued incorporating thc necessary rcvi. p:~a-agraph 2.9 will sc~'c as thc basis for progress payments
sions in thc Contract Documents with respect to thc Work: and will be incorporated into a form of^pplication for Pay-
arid OWNER si'mil bc entitled to an a~propriate decrease in mcnt acceptable to ENGINEER. Progress payments on
account et' Unit Price Work will bc based on the nu.T, bcr
the Contrac! 1¥i¢c, and, if' the par'des ar~ unable to agree aa
units completed.
to ~h¢ amount thereof', OWNER may make a claim therefor
as provided in Article I 1. Iir the acceptance occurs a,ffcr such
recommendation, an appropriate amount will ~ paid by
CONTRACTOR to O~ER. ** 14.2. At least twenty days before each progress pays:ne
is scheduled (but not more often than on:c a monthL CON-
TRACTOR shall submit to ENGINEER for review an Appli-
O~;\'~R Ma7 Correct Defer. five l~'or~., cation for Payment filled out and signed by CONTRACTOR
13.14. if CONTR.ACTOR fails within a reasonable time covering thc Work completed as of thc date ofthe Appiication
~tcr written no:icc of ENGINEER to proceed to correct and and acr. ompanicd by such supposing documentation as is
to correct de£ective Work or to remove and ~iace rejected required by the Cont"act Documents. If payment is
on thc basis of materials and c.'iuipment not incorpo.~::a- in
Work aa required by ENGINEER in accordance with para- thc Work but delivered and suitably stored at the site or at
graph 13.11, or it CONTRACTOR falls to pcn'onn ~e Work another location a.crc, cd to in writing, the Application for --
in accordance with the Contract Documents, or it CON- Payment she/1 also be accompanied by a bill of sa~c, invoic.:-
~.-KACTOR fails to comply with any other provision of thc or other documL, ntation warr',-,-,-,-,-,-,~ting :hat OW..NER has :-::eivcd
Contac: Documents, OWNER may. after seven days' writ- the materials and e.~uipmcnt ftc.- and c!e..-~r of all liens. :~,a"'g.,:s, "~
ten notice to CONTRACTOR, correct and remedy any such security interests and encumbrances (which arc hcrcina£:er
deficiency. In exct'rising thc rights and remedies under this in these Gene:-ai Conditions re.totted to as "Liens") and
p,.'-a~-aph, OYv~R shall proceed ex~ditiously. To the extent evidence that the materials and equipment are covered by ..-
nc:essarytoco,'npletecorrcctivcandrc.T, cdialaction. OW'NF_R ' appropriate property insurance and other a..,-rangcmcnts to
may exctudc CONTR~CTOR from a~l orpan of the site, :a. ke protec~ C)Wlql:r-R's interest therein, all of which will bc sat-
possession of all or pan of the Work, and susl:~nd CON- isfac~ory to OWNER. Tee amount of rctainagc with respect
T2R.*.CTOR's services related thereto, take possession of to progress payments will be as stipulated in the
CONTRACTOR's tools, appliances, construction equipment
and machin::T at the site and in¢o,"porate in the Work ail
rnaze:qa, ls and e~t:ipmcnt stored at the site offer which OWNER C'O,a,TF,.4 CTO,~'~ ~,'arrcra7 eJ' Tide: -'
has paid CONTRACTOR bui which are stored elsewhere.
14.3. CONTRACTOR warrants and guarantees that title
CONTRACTOR shall allow OWNER, OWNER's reprcsen- to all Work. match,ts and equipment covered by any Appii-
tatives, agoras and employees such access to the site as may cation for Payment, whether incorporated in the ?.'e~,-:t or
be nc:essa, p/to enable OWNER ~o ~ercise th.' fights and
not, will pass to OV, rNER no later than the time of payment
remed'-'es under this paragraph. All dire:t, indirect and con- free and clear of'all Liens.
se~u-.ntial costs of O'~ER in exercising such rights and
remedies will ~: charged a~inst CONT-KACTOR in an amount
approved as ~o r.'~onabicness by ENGINEER, and a Change Rerie~*' o£Ap~licr..~n~for Progre~z J~a.vmtfl~:
Order will be issued incorporating thc necessary revisions in 14..L ENGINE_eR will, within' ten days after rczcip~ of
thc Contract Documents with respect to thc Work: and each Application for Payment, either indicate in writing a
OWNER shall bc entitled to an appropriate dc:cease in thc recommendation of payment and present the Appii::uion to
Contract Pr/r:. and, if the panics arc unable to agree as to OWNER, or return thc Application to CONTRACTOR indi- _..
the amount th.'rtof. OI,(,'NER may make a claim therefor aa caring in writing ENGINEER's reasons for refusing to ccc-
provided in Anicte I I. Such direct, indirect and consequcn- ommend payment. In the latter case, CONTRACTOR may
rial costs will include but not bc limited to fees and charges make thc necessary corrections and resubmit thc Applica-
of cr, ginecrs, architects, a~torncys and other professionals, eton. $.i.x ~ ~ter preset:cation of thc Application for Pay-
all court and arbitration costs and a~l costs of re~air and mcnt with ENGiNEER's recommendation, thc amount rcc-
rt~!accmcnt of' work of others destroyed or damaged by ommendcd will {sub. iec! to the provisions of the last sentence
correction, removal or replacement of CONTR. ACTOR's of p:~rap'aph 14.7) become duc and when due will be paid by '"
de£ectiv¢ Work. CONTRACTOR shall not bc allowed an OWN~:R to CONTRACTOR.
extension of ~he Contract Time because of any delay in pcr-
formance ofthc Work a~tributable to thc excrcisc by OWNER la.5. ENGINEE.~'s recommendation of any payment ....
of OWNER's rights and remedies hereunder, requested in an Applica6on for Payment will cons6tute a
.,- rcj~rcscntation by ENGINEER to OWNER, based on ENGI- OWNER to a set-off a~:ains: ~
experienced and quali~cd.d:sign pro~=ssional and on E~GI- (with a copy to ENGInEEr} seating th: re=sons for
HEER's review of thc Application for Payment and thc action.
accompany~ns data add schedules that thc Work has pro-
grcsscd ~o th: point indicated; that, to thc best or EHGI-
HEER's knowledge, info.orion and belief, ~c quali~y of 5ubs~n~l Com~le,qon:
~ the Work is in accordance with the Contact Documents ** 14.8. When CONT~OR consf~er~ t~e emir: Work
(subject to an evaluation of the Work as a functioning whole ready for its intenEed us: CONT~OR shah
pHor to or upon Substantial Completion, to the r:sults ofany OWNER and ENGINEER in ~-ff:/ng tM: :~: entire Work
-- subsequen~ tests called for in the Con:~ct Documents. to a substantially come,e:: (exz:F: far items s7::j~caIly lis::~
final dete~ination of quantities and cI~ssificaHons for Unit CONT~A~OR as inzomF;:::) and request that ENGI-
~ce Work under pa~ph 9.10, and to any ot~er qualifi- NEER issue a cerd~zate of 5:ks:antial Corn;lc:ion. Wkhin
~ cations stated in the recommendation); and that CONTRAC- a reasonable time t~er:after. O~'ER. COhT~OR and
TOR is entitled to payment of the amount re:ommende~. ENGINEER shall m~ke an i~7:::ion of the Work to ~:::r-
However, by recommending any such p~yment ENGINEER mine t~: status of complede=. If ENGINEER does nc: con-
wiIl not ther:by be deemed to have represente~ thz~ exhaus- sider the Work suSs~ti~ly ::mF~e:e. ENGLNEER w~
tire or continuous on-site inspections have been made to CON~OR in wdting ~v~ng the reasons th:r:for. If
c~::k ~: qu~ky or the quantity of ~e Work beyond ~: ENGINEER cons~em ~: Work subs:zntiaHy
responsibiiid:s specifically assign:~ to ENGINEER in the ENGINEER will preF:-e and ~:Hver to OX~%'ER a t:mzdve
~Cont~ct Dcz=ments or that ~ere may not be other matte~ c:nifica[e of Subst:nti~ ComF~edon whkh shall fix [~=
or issues between the pardes that might entitle CONT~C- of Subs~nti~ Comp[etion. ~:r~ shaft ~: a::acM~ to
TOR to be F~fl addidon~ly by O%~ER or OWNER to certificate a tentative list of it:~s to be ccmp~e[:~ or cor-
--withhold paym:nt to CO~~OR. reared before ~n~ payment. O%~ER shall have seven ~ays
~ter rec=ipt of ~e tentative ::rdS:z~e fluting which [o make
** 14.~. ~?'~D'EER'~ . .a..:...r ~.., .~ ..... written objection to ENGINEER zs to any Frovisions of the
~vf'.: ::ns:k::* :z :5~:~:zz~ regrr~e .... :~ ~.._. 7x,~,x~ ':==~ cen~zate or at~che~ list. If. ~-f:..-- cons~eH~g suc~
:c C'~'NER '~-' :~ ce'ac'cc-' 7 .... ~ ..... ~~ ~' tions, ENGINEER concludes t~at the Work is not subsmn-
, '' _ ......... :0 ~n~ ~:.'~a~: :: :~: ~a~ ~ ;c~h daily complete, ENGINE~ w~l within foun::n days
~' "' kcv~ k::: ?clillad. submission of ~e tentative c:~Jica~e to OWNER nodry
CO~~OR in writing, sa:in~ the ~lions ~::[or. Ir,
** 14.7. ENGINEER may ~fuse to recommend ~ whole ~ter conside~don of O~E~'s objections, ENGINEER
~r any p~ of any payment ~, in ENGiNEeR's opinion, it considtrs the Work subs~nd~!y comFit[t, ENGINEER wiU
would bt incax::: to make such r~prtsen:ations lo O~'ER. wi~in said foun~:n days ~=::u:~ and d:Ev~ to OWNER
E~GiNEEX may ~so r~fus~ to reccaa:nd any such pay- and CON~OR a d~!ni:ive c~n~:=t~ of Substantial
~=1, or, b~:l:!e Of subsequ~ndy dis:over~d ~vid:nce or Comply:ion (with a revised.[:=:adv~ Iisi otis=ms to b~ cam-
t~ ::iui~ of subsequent insp~c:ions or l:ftl, null~' any such pict~d or coxec:ed) rttt:~nt s::h changes from the t~n:ative
paym=n: pr=viously recommended, ~o such ex:==: ~ may be c:nii:att ~ ENGINEER b=E=vts jusditd fft~r
~:=isa~ in ENGiNEER's opinion ~o prot~:: OWNER ~rom a[ion ofany objections from O~R. At ~ :ia~
oss b:cause: of the t~nIative c:nificate of iubs:an:i~ Completion ENGi-
~ NEER wtl deliver to O~'ER ~ CON~OR a ~tten
14.7.1. th= Work is defecSve, or :=m=~-.-~. ..... Work h= recomm:ndation ~ to division of r=sponsiSiiities F:nding
be:n damag:~ rtquidng co=action or reptac:=:nt, fin~ payment betwt:n Og~'ER and CON~OR with
r~spe:: to security, op:~don, ~g::y, m~n:enanc=, Mat,
14.7.2. th: Contmc: Pga: has b::n mdu=:d by Writ- utilities, insumnc= ~d wm~:i::. U~eis OWNER and
ts= Am:nda=nt or Chug= Order, CON~OR as-- otb=raise in writing and so
ENGINEER prior to ENGiNEER's issuing th= d:!nitive
14.7.3. OWNER h~ be=n requir:~ to c==::: defec- certificate of Subs~ti~ Co=?i::ion, ENGINEER's gore-
ti~'e Work or ::mplete Work in ac:=r~anc= ~ith Fmm~ph s~d rec=~endation wtl be biallag on O~ER and CON-
13.I4, or T~OR until ~n~ paym:nt.
14.7.4. of ENGINEER's ac'-ual knou,'led.:.- of the 14.9. OWNER shall have ~.:e right to exclude CON-
oc==rrence o£any ofthe events enum::".ted in F','-'-graphs TR.~.CTOR from the Work ~::r :..h: date of Substantia~ Com-
15.2. I throug5 15.2.9 inclusive, pie:ion, but OWNER shall allow CONTR.~CTOR re-,~onabt¢
access to complete or correct i~:=s on the :entative list.
)WNER may r=.~use to make payment of the full amount
· -':ommended by ENGINEER becaus= claims have been
made against O~,~'%'ER on account ci£ CONTRACTOR's per-
--) ,rr..,ance or furnishing of the Work or Liens have been filed 14.10. Use by OWNER of any finished ?',,'z of the Work.
· connection u,'ith the Work or there ate other items entitling which has specifically been idea:tried in the Contract Docu-
TOR ;Gtc: const;;u(cs a scp~tcly tuner;on;n; ~nd usc~blc o~[hc Work will bc ;cco~p~;s~cd p~: ~o co~;;;3n:: ~'i~
p~ o[ (he Work that ~n bc used by OWNER withou[ sig- thc rcqu~cmcnts of p~ph 5.15 i: rcspc=~ o~pr=p:~) '
nii~n~ int~:~ncc wi~h CON~%~OR's p:~o~anc~ of insu~cc.
Ih: rcm~nd:: of ~c Work, may ~ a:complishcd pHor to
Subsmn~i~ Camplc~on of~l ~c Work sub3ccl ~o ~c follow-
ing: F~ I~c~on:
14.I I. Upon ~tt:n noti:: from CON'~%~OR
14.10.1. O~R ~t any 6mt may r:qu:st CON- eatir:Workoran~U:ed~ionth:r:ofiscomp~:::.ENGI-
~OR in ~ting to p:~it OglER to use any such NEER ~ ~k: a ~n~ ins~::~ion with OglER nag CON-
pm of ~e Work whi:h OglER b:!icvcs to ~ ready for T~OR ~d ~'ill notify CONT~t~OR in w~:i=g
its intend:d usc and subsmnti~ly complete. ~ CON- . pmi:u!m in whi:h this ins?::tion r~ve~s u~at "..m- Work
~Oga~=s, CON~t~ORw~ cer~5-toOg~ER incomplete or defective. CON%t~OR sh~
~d ENGINEER that said p~ or~=Work is su~s:anti~ly ' rake such m~sur=s as m-e n=:=ss~ to rem=dy su:~
complete and ~qucst ENGINEER to issu~ a e=aiieate of cienci=s.
Subsmnti~ Completion for that pm~ of thc Work. CON-
T~t~OR at any tim= may notify OWNER and ENGI-
NEER in ~ting that CON%~OR consid:= any
pan of the Work ready for its in::nflad use and subs~an- F~apRI~nforP~'mtr~'
ti~ly corn;ia:= and requ:s~ ENGINEER to issue a c:n~- 14.I2. Mter CON%t~OR has caa~l:=ad ~I su:h cor-
ica~e of Suhs~anti~ Compie:ion for ~hat pm of the Work. rez~ions to the satisfa:zion of ~NGINEER and daiiv:reg
Wigain ar=asonable tim= a~=r eiuharsu:h ~u=s~, O~'E~ , maint=nanc= and o~=mting ins?actions, schedu!=i.
CONT~t~OR and ENGINEER sh~! make an inspe:- re::, Bonds, c:aii:azes of insp:c:ion, marke~-cp
tion of that p~ 0f th= Work to d~=mine its status of cloture=ms (as provid:d in paragraph 6.19) and oth::
compietion. ~ ENGINEER does not consider that p~ of m=nt~ as re~uir=d by th= Contmaz Do:uments, an~
the Work to be substantially compi=:=, ENGINEER will ENGiNEZR has indiaaz=d that th= Work is ae:=pta~!: {sun
notify Og%'~ and CONT~OR in wgting giving the jeez to the provisions of pmm~ph I4.16), CON~OR
reasons ther:for. IfENGINEER :onsid=rs that p~ ortho may make appli~zion for fin~ payment following t~= pr~
Work to be substanti~ly compi~=, th= provisions of pm- c=dure for ping, ss paymems. ~n= fin~ Application for Pay-
~;hs 14.8 and 14.9 will apply with r=sp=:t to c=aif~tion mere sh~ be ae:ompanie~ by ~ cloture=motion =!i:d for "
of Substanti~ Completion of that p~ of the Work and th~ ~ ~ Contract Doczm=nts, -'~-- '
tog ..... w~ complete and
division of =spansibiiity in resp=:: th=roof and access m~eezive ~!eas~s or w~vers (satisfactoU to OWNL~I of all
thereto. Li~ns ~sing out of or filed in conne::ion with tM Work.
lieu ther=of and ~ a~proveg by OWNER, CONT~t~OR
I4.10.~ O~ER may ~ any tg=e renu=st CON- may furnish re==ipts or re!=as=s in full; an a~davit of CON-
T~OR in w~ting to pe~it O~'ER to take over ~OR t~at th: r:!:as:s and rec:ipts include ~I labor,
op:=tion of ~y such p~ of the WorR athough it is not sapiens, mataN~ and equipm:nz for whi:h a Li:n could be
suks:anti~ly complete. A copy of su:h rtqutst wi~ b~ filed, and that all payrolls, mat:E~ and eauipmem bii!s, and
sent to ENGINEER and within a re=onab!e tim: there- other ing:btednais conne:::d with the Work for which
~:r OWNEX, CON~OR and ENGINEER sh~l OWNER or OWNER,s prop:ny might in any way b=
make an inspt::ion of that pan of :h: Work :o data,ina s~l~, ~av: be:n paid or oth:~'ise satisi:d: and cons:nc
its status of completion and will pr:rat: a list of the items the sur::y, ir any, to fnal paym:nt. Ir any $ubcamm::or or
retaining to b: compl=:ad or cot:=:ad thereon b=fore Suppli:r rails to furnish a r:i:ase or re::ipt in full. CON-
fnal payme=t. IrCONT~OR d::~ not obit:: in w~t- T~OR may furnish a Bond or other :ollate~ satisfac-
lng :o OWNER and ENGINEER thai such pan of the to~ to OWNER to indemnify OWNER against any
Work is not r:ady rot sepamt~ op:ation by OWNER,
ENGINEER ~'ill fnaliza the Iis~ of it:ms to be completed
or c=~::::d and will deliver such list to OWNER and ~inalP:)'mentandAcrtptanct:
CONT~t~OR together ~th a wNt::n re:Gram:halation ** 14. I3. If, on th: basis of ENGINEEr's obse~ation
tO l~' ~; ' '
as ,.-=,vmonofresponsibiilties p=alingfin~ payment the Work duNng construe:ion and fin~ inspeczion, and
be:~'e:n OWNER and CONT~OR with r:spe:z to ENGINEER's review of the ~n~ Application rot Payment
sc:udty, operation, s~:~y, maint:aan::, utilities, insur- and ac:aapanyint do:urn:motion--all as required by the
an::. ~'a~nties and ~annte:s for :hat =an of th= Work Cont=ct Documents. ENGINEER is satisi:d that th= Work
whi:h will be:amc binding upon OW~'ER and CON- has be:n completed and CONT~t~OR's other obligations
T~t~OR a~ ~he time when OWNEX takes over such under th: Contract Documents have beta ful~iled. ENGI-
op:atian (unless they shall have othera'ise agr::d in w~. N EER will. within ten days a~z:r recalpi of the in~ Appli-
ini and so info,ed ENGINEER). Du~ng suc~ o::ration cation rot Payment. indicate in writing ENGINEER's fee-
and pNor to Substantial Completion or such pa~ of the ommengation of paymtnt and pr:sent th~ Application
Work. OWNER shall allow CONT~tCTOR reasonable OWNER for payment. ~er:upon ENGINEER will give
.act:ss to complete or co=:c~ items on said I/si and to 'wduen nofi:: to OWNER and CONT~OR iha~ the Work
.... r,..: other rt~ated Work. is ac::==:b~e subie:~ :o the =rovisions of :ara~raoh 1:. 16.
~OR, indicating in writing thc ~ons for ~fu~ing Io ~¢t ~ocumcnts;
recommend fi~ paymcm, in which ~se CONTOUR
shall m~c ~c ncccssa~ co,orions and rcsubmi~ thc Appll- 14.16.2. a waiver of ~1 cl~ms by CON~OR
orion, ~i~y days ~tcr p~scnm~on to O~ER or ~e ~inst O~ER other ~n ~osc previously m~cin
Application ~d accomp~ying d~um~n~tion, in ~pprop~- ing ~d still unsc~cd.
s~c ~o~ and subs~nc~, ~d ~ ~NGINEER's r~commcn-
d~r~on snd notice oracc~p~b/Iity, ~c ~ount recommended
by ENGINEER w{II bccom~ due ~nd ~I be p~id by O~ER
to CO~~O~ ~TICLE I~US?E~SION OF WORX
]4.14. I~, through no r~ult o~CON~OR, ~n~ com-
pletion of ~c Work is si~ifi~tiy d~laycd ~d ~ ENGI- Owner May S~pe~ Wor~'
NEER so confi~s, OWNER sh~l, upon receipt of CON- 15.1. O~ER may, at ~y ~mc and ~thout ~s~. sus-
T~OR's fin~ Application for ~ymcm and rccommen- pond thc Work or ~y po~on the~offor a ~od o~not morn
dation of ENGINEER, ~d wi~ouc tc~inatins ~e Agree- ~ ninety days by notice in w~ng ~o CONT~OR and
mont. m~e payment of ~e b~:: due for ~at ~ion of ENGINEER which will fix thc date on wMch Wo~ w~ll be
Lhc Work fully complc~d and ac:cpc:cl. ~ ~e ra~ainin~ r~su~ed. CONTOUR sh~l rcsu~c thc Work o~
balance to be held by O%~ER for Work noc fully completed so fixed. CONTOUR sh~l bc ~lowc~ an inc~s:
or co.coted is less than ~hc rct~n~: stipulated in ~c A~c:- Contact ~ce or ~ extension of ~e Con.c: Tim:. or both,
mcnt. and ~ Bonds have been f~ished ~ required in p~- dirc:~y at~bu~ic to any suspension ·
~ph ~. I, ~c written consent of ~: surety to ~c payment m~cs ~ approved ciMm ~crefor ~ p~vid:d in .~i;ies 11
of thc b~ancc duc for ~at ~r2on of ~e Work ~lly com- ~d 12.
pitted and accepted sh~ bc submitted by
to ENGiNEeR with thc Application for'such payment. Such
payment sh~l be made under ~c Ic~s'~d conditions guy- O~a~rMa~ ~~:
truing HnM payment, except ~ it ah~l not constitmc a 15.~ Upon ~c oce~cncc of any one or mc~ of thc
waiver of clams, follo~ng cven~:
15.2.1. ~CON~OR ~mmcnc:s a volunm~' ~se
Con~c~dz Con,hung Oblig~n: under ~y c~ptcr of~c B~ptcy C~e ~c Il. United
I4.15. COndOR's obli~fiontogedo~dcam- States Code}, ~ now or he~ter in effect, or ~'CON-
glebe the Work in accord=ce ~ ~e Contract Documents ~OR ~as ~y equiv~ent or si~i~ action by filing
sh~l be absolute. Neither ~cammaa~ation of ~y gro~ess a portion or othe~ise under any other fedora or state
or final payment by ENGiNE~. nor ~e isau~ce of a car- Mw in effect at such time relating to ~e banL~;tcy or
tiff=to of $ubstanti~ Com~Ie~ion. nor ~y payment by insolvency;
OWNER to CONTOUR under t~e Cantmct
nar any use or occu~an~ of the Wo~ or any ~ the~ofby 15.~2. · a geti~on is filed agMnst CON~OR
OWNE~, nor =y a~t of ac;egg=e: by O~ nor ~y under ~y cha~ter of ~e B~k~aptey Code ~ now or
failure to da so. nor any ~view ~d a~grov~ ~ a Shop has,tar in eEa:t at the ~me of ~ing. or ff a ~:ition
D=wing or sample submission, nor ~: issu~ce of a notice filed see~ng any such equiv~ent or sim~ ~iiaf against
of acceptability by ENGIN~E~ pu~uant to g~ph 14.13. CO~~OR under ~y other fede~ or sma !aw in
nor any c~e::ion of defective Wor~ by OWNER will con- e:Te~t at the time relating to bank~ptcy or insolvency;
stitute an acee;tance of Work not in accordance with the
C~nt~ct Dec,manta or a ~tease of CON~OR's obli- 15.2.3. ffCONT~OR makes agene~ ~aisnment
~tion to pedo~ the Wo~ in ac~aM=~e with the Cont=m for ~e benefit of creditors;
~cumenta ~exce~t as ~rovided in g~gh 14.16}.
13.2.4. · a ~stee, ~eiver. c~t~i~ or ag:hr of
~'ver of C~i~: CO~~O~is agpointe~ under appKmble Aw er under
contract, whose appointment or authority to rake c~c
14.16. ~e making and scoop=nc: of final payment will of property of CONT~OR is for ~e p=~ose of
constitute: e=fo~ing a Lien against such property or for ~:
of $ene~ administ=tion of such propeny for t~: ~nefit
14.16. l. a waiver of all claims by OWNER agMnst of COndOR's credimm;
CONTRA~OR, except clams ~sing from unsettled
Liens, from defective Work applying after finM inspec- 1~.2~. ff CON~A~OR admits in ~dng an inabil-
tion pursuant to pa~g~ph 14.11 or from failure to comply iiy to pay its debts gene~ly as they become due:
with the Contact O~uments or th= te~s of ~y speciM
gua~ntees specified therein: however, it will not consti- 15.2.6. ifCON~OR persistently f~]sto
tute a waiver by OWNER of any rights in respect of the Work in accordance with the Cont~c~ Da:amcnts
29
skilled worge~ or suitable matc~s or equipment or tc~inatcd by O~ER. thc tc~inacion wiSS no~ a~e:t
~ph 2.g as ~viscd ~m ~me to ~me): existing or which may thc~R~r acc~. Any retention or
payment of moneys duc CON~OR by OWNER ~'ill
I~.~7. · CO~~OR dis~s ~ws or Re~- not ~]~sc CON~OR from liability.
iations of~y public ~7 ~v~gj~sdiction;
I~.4. U~n seven days' ~tlen notice to CONT~C-
I5.2.8. ~CO~K~OR dis~g~ds the autho~t7 of TOR and ~NGINE~R, O~R may, withou~ ~use ~d
~NGIN~ZR; or wi~out prejudice ~o any other H~ht or ~m=d7. cie:: to a~-
don ~e Work ~d te~ina[~ the A~t~ment. In such
1~.2.9. ~ CO~~OR o~se violates in any CON~OR sh~l be p~d for ~I Work exccu~c~ and
subsmnti~ way any pm~sions of ~e Con.cz ~u- cx~nsgsus~nedplusr~so~blc~t~ina~oncx~s::.
menu; ~[l include, but not bc limited to, dirc:t, indirect an~ con-
scqu~n~ cos~ (inclu~ing, but not U~t=d to, rets ~d :~:~
OWNER may, gter giving CON~OR (and the s~ty, of engineer. ~hitec:s, attorneys and oth=r
~ ~ere ~ one) seven days' ~ttcn no~:~ and to the ex~nt ~d court and ~itmtion
pcmitzed by ~ws and Re~latio~, resinate the se~ic~
of CON~OR, ~xctud= CO~~OR from the site
~d ~c ~sscssion of th~ Work ~d oral CO~~OR's Con~ttorMay S~ ~rk or re. in.e:
tools, applimca~, consa~ction equipment and machine~ at 1~.5. IL though no at: or fault of CONT~OR. the
~e ait~ ~d ua~ :~a same :o ~e full extent ~ey could ba used Wo~ ia suspended ~r a pe~od of mo~ than ninet)' da~'s by
by CON~OR (without liabliizy ~o C0~~OR for 0%~ or undo- an order of court or other public
tr:~p~s or conversion), inco~te in ~e Work ~[ mat~s or ~NGi~ f~Is to act on any Appii~tfon for
and equipment stored at the site or far which OWNER h~ within thirty days ~zer it is submitlad, or O%~E~ f~ls for
paid CON~%~OR bu~ which ~ stored, ~lscwhc~, and thirty days to pay CON~OR any sum finally de,er-
finish th~ Work as OWNER may deem expeditnL In such min:~ to be due, then CON~OR may, upon
rose CO~~OR sh~ not be ~n~fled to receive ~y days' ~tz~n notice to O~ER and ~NGiNEER,
further payment until the Work is fi~shad. If th~ unp~d ~ Au~amant and re:over from O~ER payment for ~
balance of the Con.ct Pffc: axc:~s ~ d~ecL indirect ~d Wo~ executed ~d ~y txp~nse susI~n~ plus r:~onabi:
consequently costs of completing &: Work (including but t~iaarion ex.rises. In addition and in lieu of
not limited to fees and ch~as ofan~n::~, ~hitar:s, attor- th~ A~am:nt, ff ~NGINE~R h~ f~lad to act on m~ .n;~i-
heys and otha- profession~s and court md ~itmtion cos~) cation for Paymgnt or OWNER h~ faii~ :o make a~ ~- pay-
such ex~ss w~ be p~d to CO~~O~ ~ such cos~ merit ~ ~orc~d, CON~OR may upon seven days'
~xctad such unpaid balance. CON~OR sh~l pay the w~tzen notice to OWNER ~d ~NGiNEER stop th~ Work
d~Tar~nc~ to OWNER. Suc~ costs incmTad by OWNER ~ until paymcnt of~l amounts than'due. ~e provisions of this
be approved ~ :o ~onab]anass by ~GINEER and incor- p~$~ph shall not rt!itve CO~~OR of :ha obligations
pointed in a ~ge Ord~. but when e~e~sin& any ~ts under p~ph 6.29 to ~ on the Work in ac:ardent:
or remedies u' - ~is p~ph O~R s~ not ~ ~qu~ with the p~ss schedule ~d without da~ay cluing disputes
to obtain the .... eat p~c: for :h~ Wo~ pa~o~a~ ~d ~sa~etmants with OWNER.
[The r:.'nainder of this page was left blank intentionaIIy.]
~ ARTICLE lfs--.AP-i~ITP. ATION American Arbitration Association. and a copy will bc sent to -
; ENGINEER for inirormazion. Thc demand for arbitration ~'ill
16.1. ,All claims, disputes and other mat~ers in question bc madewithin thc thirty-day or ten-day period spccific~ in
: ~ctwecn OWNER and CONTRACTOR arising out of', or paragraph 16.2 as applicable, and in all other cases within a
: .'ctating to thc Contract Documents or thc breach thereof reasonable time after thc claim, dispute or other matter in
(c:cccpz for claims which have been waived by thc maiing or question has arisen, ~d in no event shall any such demand
'-acceptance of final payment as provided by paragraph 14.16) bc made after thc date when institution of legal or equ~t ....
'~ will be decided by arbitration in accordance with thc Con- proc--e:tings based on such claim, d£sputc or other matte.- in
i struct, ion Industry Arbitration Rules or' thc American Arbi- question would bc barr, ed by the applicable statute of li,.'ni-
,-4ration Association then obtaining subject to thc limitations rations.
.: ~f this Article 16. This agreement so to arbitrate and any
other agreement or consent to arbitrate entered into in actor. I6.4. ?% arbitration arising out o£ or rcta£in$ to th,- Con-
dance herewith as provided in this Artictc 16 will bc spccifi- tract Documents shall include by consolidation,joinder or in
:ally enforceable under thc prevailing taw ofany court having any other manner any other person or entity (includin_~
~urisdict. ion. ENGINEER, ENGINEER's ag:nt.s, employees or consul-
rants) who is not a par~¥ to this contract unless:
-- 16.2. No dc,rand for arbitration of any claim, dispute or
~ther matter that is required to be refe:'red to E.NIGIHEER 16.4. I. the inclusion oi' such other person or entity is
initially for decision in accordance with paragraph 9.11 will
nc:essa, fy it' complete re!ie£ is to be afforded among uhosc
· -~,c made until thc c~rlicr of(a) thc date on which E.~IGINEER who arc already parties to the
las rendered a decision or ('o) the tenth day a,t'tcr thc parties
have presented their evidence ~o ENGINEER it' a written
__decision has not been rcnder--d by ENGINEER before thai 16.4.2. such other person or entity is substantially
late. No demand for arbitration oi. any such claim, dispute involved in a question oi. law or fact which is common to
or other matter will be made later than thirty days ahcr the those who are already panics to the arbitration and which
daze on which ENGI!NIEI:R has rend,-rcd a wrhten decision will arise in such proceedings, and ·
n respect thereof in accordanc-- with paragraph 9.1 l:and the
ailur~ to demand arbitration within said thirty days' period 16.4.3. the written consent of thc other person or entity
shall result in ENGINEER's decision being final and bindin8 sought to be included and of OWNER and CONTiL~C-
--~on OWNER and CONTtLACTOR. II.E,~'GINEER r~nders TOR has been obtained for such inclusion, which consent
decision after a~'bitratian proceedings have been initiated, shall make spe~fic reference to this paragraph: but no
such dc~sion may b~ entered as evidence but will not supersede such consent shall constitute consent to arbitration o£any
.-thc arbitration proceedings, except where the decision is dispute not specifically d,-scn-ocd in such consent or to
~cceptablc to the parties concerned. No demand for arbitra-
ion of any written decision oi. ENGINEER rendered in arbiu-a~ion with any party not sp..-cifically identified in such
consent.
._.accordance with paragraph 9.10 will be made later than ten
!ays ~tcr thc party making such demand has delivered writ-
.eh notice of intention to appeal as provided in paragraph 16.$. The award rendered by the arbitralors will be final.
9.10. judgmeni may be entered upon it in any cour~ having juris-
, diction the. eof, and will not be subject to modification or
· 16..t. Notice of the d~mand for arbitration will be ilcd in appeal except to thc e:~tcnt pc,-rnittcd by Sections I0 and I 1
writing with the other party to the Ag~'ee..'ncnt and with the oi' the F--doral Arbitration Act (9 LI'.S.C. ii 10.1 I).
[The re.,~nder of ~[s p~§¢ w~ le£t blank
ARTICLE I?--MISCELLANEOUS sion or act of the other pony or or any of the other pony's
employees or agents or others for whose acts thc other party
G;vlng Non'ce: is Icgally liable, claim will be made in writing to thc other
I7.1. Whenever any provision of the Contract Docu. party within a reasonable t/mc ofthe first ob$cr~'ancc ofsu:h '
merits r~quires the giving of written notice, it will be deemed in.~ury or damage. The provisions of this pa~.g,"aph 17.3 s~all
to have been validly given Lt' delivered in person to the indi- not be construed as a substitute for or a waiver of th.- pro-
vidual or to a member of the firm or to an officer of the visions of any applicable statute of limitations or repose.
corporation for whom it is intended, or il' delivered at or sent
by rcgiste."td or c:,"ti6ed ma~l, postage prepaid, to the last 17.4. The duties and obligations imposed by th-'s:
business address known to the giver of the notice, eral Conditions and th~ rights and rem-'di-'s avallabl-'
under to the ponies hat-"to, and. in parti:ular but without
Catnj~utari~n of Time: limitation, the warranti,-s, guarant¢:s and obiiga~ons imposed
17.2.1. When any pe,~od of tim-- is refe.-r~d to in the upon CONTRACTOR by paragraphs 6.30.13.1.13.12. 13. la,
Contract Documents by days, it will be computed to excludt 14.3 and 15.2 and all of the rights and rem-'di-'s available to
th-' first and include the last day ofsu:h pariod. If the last OWNER and IiiNGINEER thertund-'r, ar~ in addition to,
day of any such period falls on a Saturday or Sunday or and a~ not to be consu'ued in any way as a Iimitation of. any
on a day ..'node a legal holiday' by the law of the applicable rights and ~medies available to any or all of them whi:!~ ar-'
jurisdiction, such day w~l be omittad from th-' computa- oth-'rwise imposed or available by Laws or R-'gulations. by
tion. spe:iai warranty or guarantea or by other provisions of th-'
Contracz Documents, and the provisions of this pa,--ag.~ph
I7.2.2. A cal=ndar da), of twenty-four hours measured will be as effective as if reputed specifically in thc Contort -
from midnitht to the next midnight shall constitute a day. Documents in conn¢:r, ion with each par,./cular duty. ob!iga-
tion, right and remedy to which they apply. All
General: tions, warranties and guararite-.s made in the Contract. Doc- ..,
17.3. Should OWNER or CONTRACTOR sufl',-r in.iury uments will survive final payment and te,,"m, ination or corn-
or damage to person or property beta ,us, of any error, orals- ple,,ion of the Agreement.
SECTION SC
SUPPL~-.~NT~/~¥ CONDITIONS
S~CTION SC
SUP~~RY CONDITIONS
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. Ail 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 CO~IENC~OF~TINR~ NOTICE TO PROCEED
Delete paragraph2.3 oft he 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 PRECONSTRUCTIONCONFERENCE
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
The ENGINEER may give final 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 fort hat purpose, and will so
notify the OWNER and CONTRACTOR.
SC-1 of 8
SUPPLEMENTARY CONDITIONS (Continued)
3.2 INTENT
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, Supplementa..ry Conditions, General
Conditions, Project Specifications, Referenced
Specifications."
4.2.1 EXPXA)EATIONS AND EEPQETS
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 Geo-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 ~NDERGR(K~D F~ILITIES
Add the following language to the beginning of paragraph
4.3.2. of the General Conditions:
"Prior to commencement of Work, CONTRACTOR shall contact
an~ city, water, sewer and public works departments and
utility companies which have a franchise to operate in
the area of the project site and sh~ll determine the
location of their facilities at or contiguous to the site
and shall protect same from damage during construction."
4.4 1~{~'{{']~
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 hisENGINEER. The CONTRACTOR shall b e responsible
for protecting and preserving all stakes thus set, and
SC-2 of 8
SUPPr.~IENTARY CONDITIONS (Continued)
4.4 REFERENCE POINTS (Continued)
any 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.
5.1 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."
5 o 3 INSURANCE
CONTRACTOR shall name OWNER, ENGINEER and the City of Coppell
as additional insured 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 Regulations:
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 Comprehensive 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 lxability): 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 coverage where applicable.
(3) Personal Injury, with employment $1,000,000
exclusion deleted: Annual Aggregate
SC-3 of 8
SUPPLEMENTARY CONDITIONS (Continued)
5.3 INS~I~ANCE (Continued)
5.3.7. Comprehensive 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 ~hese requirements.
5.3.9. Contractor' s insurance shal 1 comply with the
requirements of the City of Coppe11.
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 Proper~y Damage:
$250,000 Each Occurrence
$250,000 Annual Aggregate
5.6 PROPERTY INSURANCE
The OWNER will not obtain Property Insurance. 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 ~3~,~ ~ SI~I'.T~
Add the following language to the end of paragraph 6.9 of the
General Conditions:
SC-4 of 8
SUPP~.RMENTARY CONDITIONS (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 responsibility 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 9ssigned to him in' all aspects for which the
CONTRACTOR ~s responsible under this Contract. CONTRACTOR
will still beresponsible 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~9~ security or safety of ~the~ Contractor's
operation, but will still maintain responsibility for h~s own
operations even in the other Contractor's work area.
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
SC-5 of 8
SUPP~.R~NTARY CONDITIONS (Continued)
7.5 DANAGNDWORK (Continued)
by arbitration or at law. CONTRACTOR shall, to the fullest
extent permitted by Laws and Regulations, indemnify and hold
OWNER, ENGINEER andthe 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 eguitable, 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, l~gal or ~guitable, agginst OWNER,
ENGINEER orthe 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, CONTRACTO~ may make a claim for an
extension of time in accordance w~thArticle 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 PROJEQTR~ENTATIVE
OWNER may elect to provide a project representative other than
and in addition to the ENGINEER. 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 bedonebyCONTRACToR. A Change Order,
a Work Directive Change or a Field Order shall be issued only
by ENGINEER.
SC-6 of 8
SUPP~.W~TARY CONDITIONS (Continued)
9.10 ~NIT PRICE CONTRACT
It is the general intention of this contract to construct the
proposed improvements 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 himself that the quantities required
by the plans and contract quantities 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 PI~ICEADJ~STI~ENT
Paragraph 11.3.3 of the General Conditions is here~y 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 theGeneral Conditions if the parties are unable to
agree as to the amount of adjustment."
13.4 INSPECTION FEES
Delete the first 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.
CO~"~RACTOR shall assume full responsibility for overtime
inspection charges charged by the City of Coppell."
13.5 TESTIN~ OI~T~NI~TION
Delete.paragraph 13.5 of the General Conditions and insert the
following in its place:
SC-7 of 8
SUP~.~ENTARY CONDITIONS (Continued)
"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 ENGINEERvS
Delete paragraph 14.6 of the General Conditions.
14.? PAYN~TTO CONTRA~R
Add the followin~ 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."
"Price to be in accordance with the prime rate
established at the lending institution for the note."
14.8 SUBSTANTIAL CO~P~.~TION
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 final acceptance letter from
the City.
14.I3 FINAL PAY~m~TANDACCEPTANCE
.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
GENE~L
DIVISION 1. - GENEI~ REQU~S
Item1.1 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 Railroad
Ave. Avenue
AWS American Welding Society
A~WA American Water Works Association
B/B Back-of-curb to Back-of-curb
Bldg. Building
Blvd. Boulevard
CH Chord of Curve
CZ Cast Iron
(IL Centerline
CMP Corrugated Metal Pipe
CO Cleanout
Conc. Concrete
Cond. Conduit
Const. Construct
Corr. Corrugated
Ct. Circle
Ct. Court
Cu. Cubic
Cuiv. Culvert
CY Cubic Yard
Dia. Diameter
DPL a DP a L Dallas Power & Light Company
Dr. Driveway or Drive
Elev. Elevation
Esot. Easement
Exist. or Ex. Existing
F Fahrenheit
F/F Face-of-curb to Face-of-curb
GR-1 of 8
DI~-~SION 1. - GENERAL REQUIRBNENTS (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 m Inch or Inches
L Length of Curve
Lat. Lateral
Lb. Pound
LF Linear Foot or Feet
Lin. Linear
Ln. Lane
LS~ Lone Star Gas Company
Max. Maximum
~H Manhole
Min. Minimum
Nono. Monolithic
NCTCO~ North Central Texas Council of Governments
MO. N-m~er
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
ItCP Reinforced Concrete Pipe
Reinf. Reinforced or Reinforcing
Re~. Remove
Rep. Replace
Ret. Retaining
GR-2 of 8
DMSION 1. - GENERAL REQUIREMENTS (Continued)
Ite~ 1.1 ABBREVIATIONS (Continued)
R/W, R-of-W, or
R.O.W. Right-of-Way
Sani. or San. Sanitary
Sec. Second
SO Storm Drain
SS Sanitary Sewer
S~. Square
St. Street or Storm
Sta. Station
Std. Standard
SWBTorSWB 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
~T Underground Telephone Cable
VC Vertical Curve
VCP Vitrified Clay Pipe
Vert. Vertical
Vol. Volume
~PI Vertical Point of Intersection
# Water Line
W~T Co. Western Union Telegraph Company
Yd. Yard
Ite~ 1.2 S~Y OF~ORK
The work required to be completed in this contract will include:
1. Construction of water mains, sanitary sewer mains, storm
drainage mains with laterals, shown in the ~lans,
including trenching, embedment, backfill and testing.
2. Construction of appurtenances, manholes, cleanouts,
inlets, headwalls, valves, services and meter boxes shown
in the plans.
3. Construction of all blocking, encasement, and compaction
of backfill, as required by the City of Coppell and the
Specifications to provide the full intended functions of
the systems.
GR-3 of 8
DMSION 1. - GENEPA~REQUIP~ENTS (Continued)
4. Cut and fill lots to pad elevations indicated on grading
plan to within plus or minus 0.3 of a foot.
5. Compacted fill to be placed in accordance with
Specifications, Soils Report, and Data Sheet 79-G.
6. Construction of water mains, sanitary sewer mains, storm
drainage mains with laterals, shown in the plans,
including trenching, embedment, backfill and testing.
7. Construction of appurtenances, manholes, cleanouts
inlets, headwalls, valves, services and meter boxes shown
in the plans.
8. Construction of all blocking, encasement, and compaction
of backfill, as required by the City of Coppell and the
Specifications to provide the full intended functions of
the systems.
9. Regrading streets and alleys to finished subgrade. Ail
streets and alleys should besubstantially to grade, plus
or minus 0.1 of a foot with local deviations of not more
than 0.2 feet.
10. 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.
Ite~ 1.3 SC~a~,~ OF~ORK
It is the intent of the Owner to award Paving and Utility 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 access to the site by other
contractors as directed by the OWNER for the purpose of
construction of other improvements.
GR-4 of 8
DIVISION 1. - GENE~ALP~UIREMENTS (Continued)
Ite~ 1.4 HEAS~AN~ PAYMENT
All items 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. Overcutting 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 this contract. The cost of these items should be
included in bid item for excavation.
4. Water mains, sanitary sewer mains, and storm drainage
mains will be measured in linear feet on the horizontal
plane. Vertical lengths of items will not be measured.
5. Plans will be used and assumed accurate unless ENGINEER
is notified of discrepancies by the CONTRACTOR.
6. No separate payment will be made for compaction,
trenching, beckfi11, embedment, trench safety
requirements, cleanup, testing or action required bythis
contract. The cost of these items should be included in
bid item for linear feet of pipe.
7. Construction of the connections and outfalls shown in the
plans.
Ite~l.5 S~B~ITTALS
In conjunction with the Contractor's bid, the Contractor will
submit the following schedules in accordance with paragraph 2.6 of
the General Conditions:
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.
GR-5 of 8
DMSION 1. - GENERAL RE~IREMENTS (Continued)
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 within street and alley right-of-way, drainage and utility
easements 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 Contractor. Tests for
lot grading will b~. paid for by the OWNER.
Ite~ 1.7 DTILITIES
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.
Item1.8 SECURITY
The Contractor will b e responsible for the security of his work and
survey staking for his work from the time he is given notice to
proceed untiltheOwner's final payment and acceptance of the Work.
Security measures taken by the Contractor shall not prevent 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.
Ite~ 1.9 DI]STCOI~TROL
I~ shall be the Contractor's continuous responsibility at all
times, including nights, holidays, weekends, etc., to msintain the
work area relatively free of dust in a msnner which will not cause
inconvenience to the public. Dust control will be achieved by the
application of water bysprinkling in amounts sufficient to control
dust.
GR-6 of 8
DIVISION 1. - GENERAL REQUI~S (Continued)
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 nuisanceponding. 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 concerning
General 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 b e deducted from payments
due to the Contractor by the Owner.
Ite~ 1.11 TRESPASSING ONADJACE~TPROm~cr~
The C6ntractor 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.
I~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 "Texas Manual
on UniformTraffic 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 Vernon's Civil
Statutes, pertinent sections being Section Nos. 27, 29, 30 and 31.
The Contractor wil~ not remove any regulatory sign, instructional
sing, street name sign, or other sign which hasbeen 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
GR-7 of 8
DMSION 1. - GENERAL RRQUIRI~IR~TS (Continued)
Contractor must replace the permanent signs with a temporary sign
meeting the requirements of the above-referenced manual, and such
temporary sign must be installed ~rior to 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.
Ite~ 1.13 TRENCH ANDSUBSURFACRCONSTRUCTION
The Contractor's attention is directed to Federal Laws contained in
the Occupational Safety and Health Act of 1970 and the standards
and requlations 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.
Ite~ 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.
The Contractor shall not remove any trees 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 landscape 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. Pruned limbs of one-
inch (1") diameter or larger shall bethoroughly treated as soon as
possible with a tree wound dressing.
GR-8 of 8