Riverchase(3)-CN 920802D .~. N A. TIPTON. INC.
CON SULTIN G 'ENGINEERS
CONTI~J~CT DOCUI~IENTS i~l~ID
SPECIFICATIONS
FOR
PAVING II~AI~ROVEMENTS
TO SERVE
RIV]C~SE ~DITION
-- AUGUST 1992
~C PROPERTY ~ROUP, INC.
8440 Walnut Hill Lane
-- Dallas, Texas 75231
PREPA.~I~'~ BY:
-- TIPTON ENGINERRING, INC.
6330 Belt Line Rd., Suite C
Garland, 'l'e~as 75043
_ C: 3758con. pvg
TABLE OF CONTENTS
DMSION 0 - BIDDIN~ AND CONTRACT I~
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
DMSION 1 - GENERAL RE(~YXRENx~S
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 Inspection
Item 1.15 Trees and Shrubs
Item 1.16 Fill Requirements for Lots
Item 1.17 Fill Requirements for Streets and Alleys
Item 1.18 Cleanup
Item 1.19 Technical Specifications
Item 1.20 Construction Tolerance
SECTION B
I~TITATION TO BID
SECTION B
INVITATION TO BID
Sealed Proposal addressed to REPUB~C~P~GR~, INC., for
construction of Paving Improvements for l~verchase Addition in
accordance with the contract documents prepared by Tipton
Engineering, Inc. (Engineer) will be received at the offices of
Tipton Engineering, Inc. until Narch 18, 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 the right to reject any or all bids and to
waive any or all informalities. Selection of the "Successful
Bidder" will be made by the Owner on the basis most advantageous to
the Owner, as determined by the Owner (refer to Section 1-16 of
Instructions to Bidders).
B-1 of I
SECTION I
INSTRUCTIONS TO BIDDERS
S~CTION
INSTRUCTIONS TO BIDDERS
1o Defined~.
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 eBidder" means one who submits a Bid directly
to Owner, as distinct from a sub-bidder, who submits a bid to a
Bidder. The term "Successful Bidder" means the lowest, qualified,
responsible and responsive Bidder to whom Owner (on the basis of
_ Owner's evaluation as hereinafter provided in 1-16) makes an award.
The term "Bidding Documents" includes the Advertisement or
Invitation to Bid, Instructions to Bidders, the Proposal, and the
proposed Contract Documents (including all addenda issued prior to
receipt of Bids).
2. Copies of Bidding
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 maybe 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
preselectedbytheOwnerbased on their past experience, reputation
or other qualities important to t he 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 co~itments and available
equipment, and will submit such data within five days of Owner's
written request.
I-1 of 9
S~CTION ! (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 an 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
SECTION I (Continued)
4.6 The lands upon which the Work is to beperformed, 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. Ail 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 Bidder that Bidder has
complied with every requirement of this Article 4, that
without exception the Bid is premised upon performing and
furnishing the Work required by the Contract Documents and
such means, methods, techniques, sequences or procedures of
construction as may be indicated in or required by the
Contract Documents, and that the Contract Documents are
sufficient in scope and detail to indicate and convey
understanding of all terms and conditions forperformance and
furnishing of the Work.
4.8 Reference is made to the Supplementary Conditions for
identification of 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 containedtherein
or for the completeness thereof for the purposes of bidding or
construction. Contractor is alerted to the fact that certain
subsurface conditions may change (such as groundwater levels)
and that boring provide isolated information at the specific
bore location only.
Copies of such reports will be made available by Owner to any
Bidder on request. Those reports are not partof 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 Ail questions about the meaning or intent of the Contract
Documents are to bedirected to Engineer. Interpretations or
I-3 of 9
SECTION I (Continued)
clarifications considered necessary by Engineer in response to
such questions will be issued by Addenda and mailed or
delivered to all parties recorded by Engineer as having
received the Bidding Documents. Questions received less than
48 hours prior to the time for opening Bids may not be
answered. Any addenda issued prior to four days of the
opening of bids will be mailed to each Contractor
contemplating the submission of a proposalon this work.
Addenda issued .later than four days prior to the opening of
bids must be picked up by the bidder from the Engineer's
office. The Contractor will be notified by phone of the
issuance of the addenda. The proposal as submitted by the
Contractor will be so constructed as to include any addenda if
Such are issued by the Owner prior to twenty-four (24) hours-
of the opening of the bids. Only questions answered by formal
written Addenda wi 11 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.
Bid Security.
A Bidder's Bond wiii not be required.
Contract Time.
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 by Owner during the evaluation of Bids, and
it will be necessary for the Successful Bidder to satisfy
Owner of Bidder's ability to achieve Substantial Completion
and/or final completion within the times designated in the
Bid.
7.2 The Contractor should be aware that the Contract time
includes all time the Contractor is on the site. This time is
in working days and begins on the date stipulated on the
Notice to Proceed. The time on the Contract will continue to
run until the project is completed and a letter of acceptance
I-4 of 9
(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. I~qui~t~ Damages.
Provisions for liquidated damages, if any, are set forth in the
Agreement.
9. Substitute or =Or-Equal" Items.
The Contract, if awarded, will be on the basis of materials and
equipment described in the Drawings or specified in the
Specifications without consideration of possible substitute or "or-
equal" items. Whenever it is indicated in the drawings or
specified in the Specifications that a substitute or "or-equal"
item of material or equipment may be furnished or used by
Contractor is acceptable to Engineer, application for such
acceptance will not be considered by Engineer until after the
Effective Date of the Agreement unless the Engineer, at his option,
elects to issue an Addenda naming a substitute or "or-equal" item
prior to receipt of bids. The procedure for submission of any such
application by Contractor and consideration by Engineer is set
forth in Paragraphs 6.?.1, 6.7.2. and 6.?.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
przncipal items of materials and equipment) to be submitted to
Owner in advance of the specified date prior to the Effective
Date of the Agreement, the apparent Successful Bidder, and any
other Bidder so requested, shall within seven days after the
Bid opening submit to Owner a list of all such Subcontractors,
Suppliers and other persons and organizations proposed for
those portions of the Work for which such identification is
required. Such list shall be accompanied by an experience
statement with pertinent information regarding similar
projects and other evidence of qualification for each such
Subcontractor, Supplier, person or organization if requested
by Owner. If Owner or Engineer after due investigation has
reasonable objection to any proposed Subcontractor, Supplier,
I-5 of 9
SECTION I (Continued)
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 a~parent 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. Proposal
11.1 The Pro.posal is included in the Bidding Documents~
additional cop~es may be obtained from Engineer (or the
issuing office). All Bids must be submitted onthe Engineer's
form.
11.2 Ail blanks on the Proposal must be completed in ink or
by typewriter.
11.3 Bids by corporations must be executed in the corporate
name by the president or vice-president (or other corporate
officer accompanied b¥ evidence of authority to sign) and the
corporate seal must be affixed and attested by the secretary
or an assistant secretary. The corporate address and state of
incorporation must be shown below the signature.
11.4 Bids bypartnerships must beexecuted in the partnership
name and signed by a partner, whose title must appear under
the signature and the official address of the partnership must
be shown below the signature.
I-6 of 9
SECTION I (Continued)
11.5 All names must be typed or printed below the signature.
11.6 The Bid shall contain an acknowledgement of receipt of
all Addenda (the number of which must be filled in on the
Proposal).
11.7. 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. Sulmission of Bids.
Bids shall be submitted at the time and place indicated in the
Advertisement or Invitation to Bid and shall be enclosed in an
opaque sealed envelope, marked with the project title (and, if
applicable, the designated portion oft he Project for whichthe Bid
is submitted) and the name and address of the Bidder and
accompanied bythe Bid security and other required documents. The
Contractor shall acknowledge, on the outside of the envelope,
receipt of any addenda. If the Bid is sent through the mail or
other delivery system the sealed envelope shall be enclosed in a
separate envelope with the notation "BID ENCLOSED" on the face of
it. It shall be the Bidder's responsibility for the delivery of
his Proposal at the proper place by the time stated. The mere fact
that a Proposal was dispatched will not be considered.
13. Nodification and#ithdranl of Bids.
Bids may be modified or withdrawn by an appropriate document
duly executed (in the manner that a Bid must be executed) and
delivered to the ~lace where Bids are to be submitted at any time
prior to the opening of Bids.
14. Opening of Bi~s.
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.
· 5. Bids toR enain Subject to Acceptance.
All bids viii 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.
I-7 of 9
SECTION I (Continued)
16. Award of Contract.
16.1 Owner reserves the right to reject any and all Bids, to
waive any and all informalities and to negotiate contract
terms with the Successful Bidder, and the right to disregard
all nonconforming, nonresponsive, unbalanced or conditional
Bids. Also, owner reserves the right to reject the Bid of any
Bidder if Owner believes that it would not be in the best
interest of the Project to make an award to that Bidder,
whether because the Bid is not responsible or the Bidder is
unqualified or of doubtful financial ability or fails to meet
any other pertinent standard or criteria established by Owner.
Discrepancies in the multiplication of units of Work and unit
prices will be resolved in favor of the unit prices.
Di.screp. ancies between the unit price in works and the unit
price in figures will be resolved in favor of the price in
works. Discrepancies between the indicated sum of any column
of figures and the correct sum thereof will be resolved in
favor of the correct sum.
16.2 In evaluating Bids, Owner will consider the
qualifications of the Bidders, whether or not the Bids comply
with the prescribed requirements, and such alternates, unit
prices and other data, as may be requested in the Bid Form or
prior to the Notice of Award.
16.3 Owner may consider the qualifications and experience of
Subcontractors, Suppliers, and other persons and organizations
proposed for those portions of the Work as to which the
identity of Subcontractors, Suppliers, and othe. r persons and
organizations must be submitted as provided in the
Supplementary Conditions. Owner also may consider the
operating costs, maintenance requirements, performance data
and guarantees of major items of materials and equipment
proposed for incorporation in the Work when such data is
required to be submitted prior to the Notice of Award.
16.4 Owner may conduct such investigations as owner deems
necessary to assist in the evaluation of any Bid and to
establish the responsibility, qualifications and financial
ability of Bidders, proposed Subcontractors, Suppliers and
other persons and organizations to perform and furnish the
Work in accordance with the Contract Documents to Owner's
satisfaction within the prescribed time.
16.5 If the contract is to be awarded, Owner will give the
Successful Bidder a Notice of Award within forty five days
after the day of the Bid opening.
I-8 of 9
SECTION I (Continued)
17. Contract Securit¥.
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.
1S. Signing of Agreement.
When Owner gives a Notice of Award to the Successful Bidder, it
will beaccompaniedbythe 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 theAgreement.
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 - PROPOSAL
PAVING
I~TV~f~A-~ ~r~r~?~TON
~Oppl~'r.?., ~
TO: REPUB~.~CPROPERTYGROUP, INC. DATE: AUGUST, 1992
8440 Walnut 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
submlttheAgreement withtheBonds 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 6
SECTION P (Continued)
3.2 BIDDER has familiarized itself with the nature and
extent of the Contract Documents, Work, site, locality, and
all local conditions and Laws and Regulations that in any
manner may affect cost, progress, performance or furnishing of
the Work.
3.3 BIDDER has studied carefully all reports and drawings of
the subsurface conditions and drawings of physical conditions
which are identified in the Supplementary Conditions as
provided in paragraph 4.2 of the General Conditions, and
accepts the determination set forth in paragraph SC-4.2 of the
Supplementary Conditions of the extent of the technical data
contained in such reports and drawings upon which BIDDER is
entitled to rely.
3.4 BIDDER has obtained and carefully studied (or assumes
responsibility for obtaining and 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 said underground facilities
are or will be required by BIDDER in order to perform and
furnish the Work at the Contract Price, within the Contract
Time and in accordance with the other terms and conditions of
the Contract Documents, including specifically the provisions
of paragraph 4.3 of the General Conditions.
3.6 BIDDER has correlated the results of all such
observations, examinations, investigations, explorations,
tests, reports and studies with the terms and conditions of
the Contract Documents.
P-2 of 6
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
submitte~ in conformity with any agregment or rules of any group,
association, organization, or corporatlon; BIDDER has not directly
or indirectly included or solicited 9ny other Bidder to submit a
false or sham Bid. BIDDER has not sol~cited 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:
ITI~I ~U~i~TITY UNIT TOTAL
NO. & UNIT DESCRIPTION PRICE PRICE
1. 1 CY Rock Excavation $ 6.00 $ 6.00
(remove and dispose from site)
DOLLARS
and no cents
per cubic yard
2. 26,500 CY Street & Alley & Slope 1.25 33,125.00
Excavation
One DOLLAR
and Twenty F~ve cents
per cubic yard
3. 8,000 CY Lot Excavation 1.25 10,000.00
One DOLLAR
and Twenty Five cents
per cubic yard
P-3 of 6
SECTION P (Continued)
ITEM QUANTITY UNIT TOTAL
NO. & UNIT DESCRIPTION PRICE PRICE
4. 16,000 CY Haul in Fill Material 5.25 84,000.00
(in place)
Five DOLLARS
and Twenty f~ve cents
per cubic yards
5. 22,100 SY 6"-30005 Reinf Concrete Street 13.76 304,096.00
(28' Width)
Th{rteen DOLLARS
and Seventy S~x cents
per square yard
6. 3,850 SY 6"-3000# Reinf Concrete Street 13.76 52,976.00
(37' Width)
Thirteen DOLLARS
and Seventy ~x cents
per square yard
7. 6,780 SY 6"-4ts-6" 3600~ Reinf Concrete 13.76 93,292.80
Alley (10''Width)
Thirteen DOLLARS
and ~eventy S~x cents
per square yard
8. 35,840 SY 6" Lime Stabilization 1.00 35,840.00
One DOLLAR
and No cents
per square yard
9. 485 TNS Hydrated Lime 75.00 36,375.00
~event¥ F{ve DOLLARS
and No cents
per ton
P-4 of 6
SECTION P (Continued)
ITE~ QUANTITY UNIT TOTAL
NO. & UNIT DESCRIPTION PRICE PRICE
10. 250 LF Saw Cut & Remove Exist Curb 10.00 2,500.00
Ten DOLLARS
and No cents
per linear foot
11. 2 EA Barrier Free Ramps 350.00 700.00
Three H-nd~ed Fi ft¥ DOLLARS
and No cents
per each
12. 9,650 SF 5' Wide Sidewalk 1.65 15,922.50
One DOLLARS
and Si xt¥ Fi ve cents
per square foot
13. 161 EA Bench Lots (without swales) 160.00 25,760.00
One H-nd~ed' .~t xt¥ DOLLARS
and No cents
per each
14. ILS Payment & Performance Bond 10,767.00 10,767.00
Ten Tho~]~And -~even H-n~ed Sixty Seven DOLLARS
and No cents
per lump sum
15. 1,200 LF Erosion Control (hay bales) 2.25 2,700.00
Two DOLLARS
and Twen~y Five cents
per linear foot
P-5of6
SECTION P (Continued)
16. 1 LS Seed Parkways 9,789.00 9,789.00
N~ne Thousand Seven ~ndred ~ghty Nine DOLLARS
and No cents
per each
TOTAL $717,849.30
6. BIDDER acknowledges that the quantities indicated in the
previous schedule are not guaranteed and may be changed to
conform with the Work. BIDDER has read paragraph 9.10.2 of the
Supplementary Conditions and understands that the quantities
shown in 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 forty-
one (41) working days from the date when the contract time
commences to run.
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,
ASltLAR~~INGCO
Box 713
Lewisville, TX 75067
(214) 436-5509
Submitted by= ASHLAR CONTRACTING CO.
Doing Business as ASHLAR CONTRACTING CO.
Communication concerning this Bid should be directed to the
attention of JEAN BONEY.
P-6 of 6
SECTION A
AGRE]ENT
SECTION A
AGItE~rT
-- THIS AGREEMENT is dated as of the __ of 1992, by and
between REPUBLIC PROPERTY GRODP, INC. (hereinafter called OWNER),
and ASHLAR CONTRACTING CO. (hereinafter called CONTRACTOR).
-- OWNER AND CONTRACTOR, in consideration of the mutual covenants
hereinafter set forth, agree as follows~
Arttcle .]. WOrK
CONTRACTOR shall complete all Work as specified or indicated in
the Contract Documents. The Work is generally described as
-- follows;
PAVING IMPRO~S
-- The Project for which the Work under the Contract Documents may
be the whole or only a part is generally described as follows:
DEVELOPN~NTPLANS - RIVERCHASEADDITION
Al-tlcle ~. I~NGTNKq~
The Project has been designed by TIPTO# ENGZN~ZNG, ZNC. 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~t,~cle 3. CONT~C~T'llf~
3.1 The work will be completed and'ready for final pa~.ent
in accordance with paragraph 14.13 of the General Conditions
within forty-one (41) 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)
~t.~c]e 3. CONTRACT T~ (Continued)
3.2 Liquidated Damages. OWNER AND CONTRACTOR recognize
that the time is of the essence of this Agreement and OWNER
will suffer financial loss if the Work is not completed
within the times specified in paragraph 3.1 above, plus any
extensions thereof allowed in accordance with Article 12 of
the General Conditions. They also recognize the delays,
expense and difficulties involved improving in a legal or
arbitration proceeding the actual loss suffered by OWNER if
the Work is not completed on time. Acoordingly, instead of
requiring any such proof, OWNER and CONTRACTOR agree that as
liquidated damages for delay (but not as a penalty
CONTRACTOR shall pay OWNER $500.00 for each day that expires
after the time specified in paragraph 3.1 when the Work is
approved and ready for final payment.
A~tlcle 4. CO~IT~CT P~T~21~
4.1 OWNER shall pay CONTRACTOR for completion of the Work
on a Unit Price Work Basis in accordance with the Contract
Documents in current funds based on the contract the sum of
which is $?17.849.30, quantities and unit prices stated in
the proposal or as modified by change order.
CONTRACTOR shall submit Applications for Payment in accordance
with Article 14 of the General Conditions. Application for
Payment will be processed by ENGINEER as provided in the General
Conditions. The Contractor's application for payment shall
consist of an itemized list, according to the proposal items of
the work performed for the month and the total work completed on
the job.
5.1 Prof.,s ~ay~e_,~ts. OWNER shall~a~e ~rog~ess payments
on account o= ~ne contract mrice on ~ne basis o=
CONTRACTOR'S Applications for Payment as recommended by
ENGINEER, on or about the fifteenth (15th) day of each month
during construction. All progress payments will be on the
basis of the unit process stated in the proposal and the
completed units of work as determined by ENGINEER minus ten
percent (10%) retainage to be held by OWNER until final
payment but, in each case, less the aggregate of payments
previously made and less such amounts as ENGINEER shall
determine, or OWNER may withhold, in accordance with
paragraph 14.7 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 reco~ended by ENGINEER as provided in
said paragraph 14.13.
All monies not paid when due as provided in Article 14 of the
-- General Conditions shall bear interest at the maximum rate
allowed by law at the place of the Project.
~ttcle 7. COI~I~ACTOR'~ ~~ATTON~
In order to induce OWNER to enter into this Agreement CONTRACTOR
makes the following representations:
7.1 CONTRACT-~R 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 CONT~J~T(~t has studied carefully all reports of
-- explorations and tests of subsurface conditions and drawings
of physical conditions which are identified in the
Supplementa.r~ Conditions as provided in paragraph 4.2 of the
-- General Conditions, and accepts the determination set forth
in paragraph SC-4.2 of the Supplementar~ Conditions of the
extent of the technical data contained an such reports and
drawings upon which CONTRACTOR is entitled to rely.
7.3 COl~t~"~has obtained and carefully studied (or
assumes responsibility for obtaining and carefully studying)
_ all such examination, investigations, explorations, tests,
reports and studies (in addition to or to supplement those
referred to in paragraph 7.3 above) which pertain to the
subsurface or physical conditions at or contiguous to the
-- site or otherwise may affect the cost, progress, performance
or finishing of the Work as CONTRACTOR considers necessary
A-3 of 6
A~tlcle 7. CONTraCTOR'S ~RP~R-~WWTA~TONS (Continued)
for the performance, 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
paragraph 4.2 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.
7.4 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 sa%d 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, within the Contract Time and in accordance with the
other terms and conditions of the Contract Documents,
including specifically the provisions of paragraph 4.3 of
the General Conditions.
7.5 CONT~ has correlated the results of all such
observations, examinations, investigations, explorations,
tests, reports and studies with the terms and conditions of
the Contract Documents.
7.6 ~ 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.
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-6,
inclusive).
8.4 General Conditions (pages GC-1 through GC-32,
inclusive).
A-4of6
A~t{ c]e 8. CONTRACT ~S (Continued)
8.5 Supplementary Conditions (pages SC-1 through SC-8,
inclusive).
8.6 General Requirements (pages GR-1 through GR-10,
inclusive).
8.7 Specifications bearing the title Standard
Specifications for Public Works Construction, North Central
Texas, "Development Plans for RIVERCHASEADDITION" and
-- sheets n~m~ered I throug~ 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, RIVBRCHASEADDITION~. 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.
~t~cle 9. NT.~~N~U~
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 consent of the
party sought to be bound, and specifically but without
limitation monies that ~a¥ 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 WITNESS, WwRREOF, OWNER ANDCONTRACTOR 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. Ail portions of the Contract Documents
have been signed or identified by OWNER and CONTRACTOR or by
ENGINEER on their behalf.
This Agreement will be effective on , 1992.
P~]BLIC P~OP~TY G~OUP, INC. 'ASHLAI~ CONTRACTING CO.
By: Jerry Ragsdale
Its Vice President
8440 Walnut Hill Lane Box 713
Dallas, TX 75231 Lewisville, TX 75067
Attn: Mr. Jerry W. Ragsdale Attn: Jean Boney
Attest:
Attest:
A-6 of 6
SECTION PB
PERFORCE AND PAYMENT BOND
SECTION~
~INTEN~CE BOND
SECTION ¢I
C~TIFICATE OF INS~CE
SECTION GC
GENEP~ CONDITIONS
_ STAh~.~
GENERAI~ CONDITIONS
OFTHE
CONSTRUCTION CONTraCT
- Prepared by
Engineers' Joint Contract Documents Committee
and
Issued and Published Jointly By
i
~ /~~ ~,L l
£~'1N£~3~i
PROFESSIONAL ENGINEERS IN PRIVATE PRAC'rlQE
A practice division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
AMEKICAN CONSULTING ENGINEERS COUNCIL
AMERICAN SOCIETY OF CIVIL ENGINEERS
CONSTRUCTION SPECIFICATIONS INSTITUTE
This document has been approved and endorsed by
The Associated, Genem~~m~=' Contractors of ,ad'net'ica
These General Conditions have been prepared for use with the Owncr-Contrac:or Agreements ('No.
1910-8-A-I or I910-8-A-2, 1983 editions). Their provisions are interrelated and a change in one may
necessitate a change in the others. Comments concerning their usage are contained in the Commentary
on Agreements for Engineering 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-I7, I983 edition). When bidding is involved, the Standard Form of
Instructions to Bidders (No. 191CL12, 1983 edition) may be used.
-' C) I~83 NaOonal Society of Professional Engineers
1420 King Street, Alexandria, V~ 22314
--- American Consulting Engineers Council-
1015 15th Street, N.W., Washington, D.C. 20005
American Society of Civil Engineers
345 East 47th Su'eet, New York, NY 10017
Construction S~ecifications Institute
601 Madison St., Alexandria, VA 22.114
TABLE OF CONTENTS OF GENEtL4,L CONDITIONS
Article
Number Title Page
_ I DEFINITIONS ...................................................... 7
2 PRELIMINARY MATTERS ........................................ ' 8
3 CONTRa, CT DOCUMENTS: ,
INTENT, .%aMENDING AND REUSE .................. ; ............ 9
4 AVAILABILITY OF I-a, NDS; PHYSICAL CONDITIONS;
· -. REFERENCE POINTS .............................................. I0
$ BONDSAND INSURANCE :' ~ II
6 CONTRACTOR'S RESPONSIBILITIES ............................ 14
9 ENGINEER'S STATUS DURING CONSTRUCTION .............. 19
10 CH.a2qGES IN THE WORK ......................................... 21
11 CHANGE OF CONTRACT PRICE .................................. 21
12 CH.a24GE OF CONTRACT TLME. ' ' 24
13 WARRANTY AND GUARANTEE; TESTS .auND
INSPECTIONS; CORRECTION. REMOVAL OR
ACCEPTANCE OF DE.~CTIVE WORK ........................... 24
14 PAYMENTS TO CONTRACTOR .a.ND COMPLETION ............ 26
I$ SUSPENSION OF WORK AND TERMINATION .................. 29
INDEX TO GENEKAL CONDITIONS
Article or Paragraph
- Number
Acceptance of Insurance ............................. $.13 Contractor's Warranty of Title ........................ I4.3
Acc:ss to the Work .................................. I3.2 Contractors--other ...................................... 7
Addcnda-~detinition of(sc~ definition of ' Contractual Liability Insurance ........................ $.4
Spccifications) ........................................ I Coordinating Contra~or--definition of ................ 7.4
Agr-~ment--definition of ................................ I Coordination .......................................... 7.4
All Risk Insurance ..................................... $.6 Copies of Documents .................................. 2.2
Amendment, Written ............................. !, 3.1.1 Correction or Removal or'Defective Work ...........13.11
Application for Payment.--definition of .................. I Correction Period, One Year ........................ I3.12
Application for Payment, Final ...................... 14.12 Correction, Removal or Act:prance of Dote:rive
Application for Progress Payment .................... 14.2 Work--in general ........................... 1.3.1 !- 13.1
Application for Progress Paymentt~view of .... 14.4-14.7 Costtnet decrease .................................11.6.2
Arbitration ............................................. 16 Cost of Work .................................... 11.4-11.5
Authorized Variation in Work ......................... 9.5 Costs, Supplemental ................................ ! 1.4.5
Availability of Lands .................................. 4.1
Award, Notice of--defined .............. ~ ...............I Day-definition or' ....................................... I
Defecth,e~definition of ................................. I
Before Starting Construrtion ...................... 2.5-2.7 Defective Work, Acceptance of ...................... 13.I3
Bid--clefinition of ....................................... I Defective Work, Correction or Removal of .......... 13.11
Bonds.and Insurance--in general ........................ S Defective Work--in gene, al ............... 13, 14.7, 14.11
Bonds~ciefinition of ............................. : ....... I Defective Work, Rejecting ............................. 9.6
Bonds, Delivery of ........... : ...................2.1, 5.1 Definitions ............................................:. 1
'Bonds, Performance and Other .................... $.1-$.2 Delivery o£ Bonds .......................... ' ........... 2.1
Determination for Unit Prices ........................ 9.10
Cash Allowances ..................................... II.8 Disputes, Decisions by Engineer ................. 9. II-9.12
Change Order--definition of ............ ~. ................ I Documents, Copies of ................................. 2.2
Change Orders--4o be executed ..................... '. 10.4 Documents, Record .............. ' .................... 6.19
Changes in the Work ................................... 10 Documents, Reuse ...'. ................................ 3.6
Claims, Waiver of--.on Final Pa~'ment ............... 14.16 Drawings~definition of ................................. I
Clar:~cations and Interpretations ........ , ............. 9.4
Cleaning ................................ : ............6.17 Easements ......... .' .................................. 4. I
Completion ............................................. 14 E,'Te::ive date of Agre.-ment.~clefinition of ............... I
Completion, Substantial'. ........................ 14.8-14.9 Emergencies .................. : ...................... 6.22
Conference, Preconstruction .......................... 2.8 Engineer~efinition of ..................................
Conflict. 1:.,-rot, Discrepancy..--Contractor Engineer's Decisions ............................ 9. I 0- 9.12
to Report ...................................... 2.$, 3.3 Engineer's--Notice Work is Ac:.-ptable ............. 14. I3
Construction Machinery. Equipment, eec: .............6.4 Engineer's Recommendation of Payment ...... Ia.4, 14.13
Continuing Work ..................................... 6.29 Engineer's Responsibilities, Limitations
Contract Documents--amending and on .................................. 6.6. 9.11, 9.13-9.16
supplementing .................................. 3.4-3.$ Engineer's Status During Construction~in general ...... 9
Contract Do:uments~definition of ...................... I Equipment, Labor, Materials and .................. 6.3-6.6
Contract Documents--Intent ...................... 3.1-3.3 Equivalent Materials and Equipment .................. 6.7
Contract Documents--Reuse of ....................... 3.6 Expiorations of physical conditions ................... ,1.2
Contract Price, Change of .............................. 11
Contract Price. definition ............................... I Fee, Contractor's----Costs Plus ........................ 11.6
Contract Time, Change of .............................. 12 Field Ord,-r--definit'ion of ............................... 1
Contract Time, Commencement of .................... 2.3 Fie!d Order~issued b~, Engineer ................ 3..5.1, 9.5
Contract Time--definition of ............................ I Final Application for Payment ....................... 14.12
Con:ractor.--definition of ................................ I Final Inspection ..'. .................................. 14. I !
Contractor May Stop Work or Ter:'r:inate ............. 15.$ Final Payment and Acceptance ......................
Contractor's Continuing Obligation ..................14.15 Final Payment, Recommendation of ........... 14.13-14.14
Contractor's Duty to Report Discrepancy
in Documents .................................. 2.$, 3.2 Gcne.'-al Provisions .............................. 17.3-17.4
Contractor's Fce-~Cost Plus ... il.4.$.6, I !.$.1, 11.6-1 !.7 Gcncrai Rcquircments~dc~nition of ..................... !
Contractor's Liability Insurance .........: .............5.3 Gen,'ral Requirements---principal
Contractor's Responsibilities--in gcn,-ral ................6 re£ercn:es to ................. 2.6, 4.4.6.4, 6.6-6.7, 6.23
4
Giving Notice ........................................ I?.1 Payments to Contractor~when due ........... i,~..i. I,l.13
Guarantee o£ Worktby Contractor ................... 13.1 Payments to Contractortwithholding ................ 14.'/
-~ Performance and other Bonds ..................... 5.1-$.2
Indemnification .................... "- ........6.30-6.32, 7.$ Permits ............................................... 6.13
Inspection, Final .................................... 14.11 Physical Conditions ................................... 4.2
. _ Insl~ction, Tests and .................................I3.3 Physical Conditionf--Engincer's review . ............ 4.2.,I
Insurance, Bonds and---in general ....................... $ Physical Conditions--~xisting structures ............. 4.2.2
Insurance, Certificates of ........................... 2.'/, S Physical Conditions--explorations and reports ....... .t.2. I
Insurance---completed operations $.3 Physical Conditions--possible document change ..... 4.2.5
-- Insurance, Contractor's Liability .: .................... 5.3 Physical Conditions-price and time adjustments .... ,1.2.5
Insurance, Contractual Liability ....................... 5.4 Physical Condition.~-r~pon of differing ............. "
~: Insurance, Owner's Liability .......................... . $.5 Physir. al Conditions--Underground Facilities ..........
i-- Insurance, Property .............................. §.6.$.13 Pr~construction Confer:ncc ........................... 2.8
Insurance--Waiver of Rights ......................... $. 11 Preliminary Matters ..................................... 2
Intent of Contract Documents ................... 3.3, 9.14 Premises, Use o[' ................................ 6.16-6.18
Interpretations and Clarifications ...................... 9.4 Price, Change of Contract .............................. 11
Investigations of physical conditions ................... 4.2 Price-Contract~elinition of ............................ l
Progress Payment, Applications for ................... 14.2
Labor, Materials and Equipment .................. 6.3-6.~ Progress Payment.-i'etainage ......................... 14.2
-' Laws and Regulations~d¢finition of .....................i Prob"¢ss schedule ............... 2.6, 2.9, 6.6, 6.29, I-~.2.6
Laws and Regulations--general ....................... 6.14 Project---definition of .................................... I
Liability Insurance--Contractor's ..................... $.3 Project Representation--provision for ................. 9.3
-~ Liability Insurance--Owner's ......................... 5.5 Project Representative, Resident--definition of .......... I
Liens~ddinitions of ' . .......................... 14.2 Project, Starting the ................................... 2.4
Limitations on Engineer's Property Insurance ............................... 5.6-5.13
_ Responsibilities ..................... 6.6, 9.1I, 9.13-9.16 Property Insurance--Partial Utilization ............... 5.15
Property Insurance~R¢:eipt and Application
lt, iate.,'ials and equipment~fumished by Contractor .... 6.3 of Proceeds ................................... $.12-.5.13
bfatcrials and cquipmcnt~not Protection, Safety and ...........................6.20-6.21
incorporated in Work .............................. 14.2 Punch list ........................................... 14.11
Materials or equipment---equivalent ................. ;. 6.7
Miscellaneous Provisions ............................... 17 Recommendation of Payment .................. 14.;, 14.13
Multi-prime contracts ................................... 7 Record Documents ................................... 6.!9
Reference Points ...................................... 4.4
Notice, Giving of ........ ' 17.1 Regulations, Laws and ....................... ' 6.14
. .. Notice of Acceptability of Project ...................14. I3 Rejecting Defective Work .............................9.6
Notic.- of Award. definition of .............: ............ I Re!need Work at Site .............................. 7. I-7.3
Notice to Proceeci~dcfinition of ......................... ! Remedies Not Exc!usivc ............................. I'/.4
Notice to Proc.-ed--giving of .......................... 2.3 Removal or Correction of Defective Work ........... 13. I 1
Resident Project Represcntative--<icfinition of ........... I
"Or-Equal" It:ms ..................................... 6.7 Resident Projcc! Representative--provision for ........ 9.3
Other contractors .......................................7 Respons~flmcs, Contractor's--in general ............... 6
-"' Other work ..............................................7 Responsibilities, Engineer's--in general ................. 9
Ove.~ime Work--prohibition of ........................ 6.3 Responsibilitics, Owncr'~in g.-nc,'-al .................... 8
Owner~ctinifion of ..' ............................. I Rctainage ............................................ 14.2
.. Owner May Correct Defecffve Work ................. 13.14 Reuse of Documents ... ' 3.$
Owner May Stop Work .............................. 13.10 Rights of Way ......................................... 4.1
Owner May Suspend Work, Terminate .......... 15.1-15.4 Royalties, Patent F~s and ........................... 6.12
Own.-r's Duty to Execute Chang.e Orders ............. ! 1.8
'"' C~'ner's Liabiiity Insurance ........................... $.$ Safety and Prote¢'..ion ............................6.!0-6.21
Owner's Rep~sentative--Engineer to serve as ........ 9.1 Samples .........................................
Ch*'ner's Responsibilities---in general .................... 8 Schedule of progress ........ 2.6, 2.8-2.9, 6.6, 6.~, 15.2.6
" Owner's Separate Representative at site ............... 9.3 Schedule of Shop Drawing
submissions ...................... 2.6, 2.8-2.9, 6.~, 14.1
Par~al Utilimfion .................................. 14.10 Schedule of values ...................... 2.6, 2.8-2.9, 14.1
~ Partial Utilization~definition of . ' I Schedules, Finalizing .................................. 2.9
Partial Utilizatio~Propeny Insuranc: ............... $.15 Shop Drawings and Samples ..................... 6.23-6.28
Patent Fees and Royalties ............................ 6.12 Shop Drawings~clefinition of ............................ !
--,- Payments, Recommendation of ........... 14.4.14.7. 14.13 Shop Drawings, use to approve
Payments to Contractor--in general .................... 14 substitutions ...................................... 6.7.3
Site, Visits to-,by £nginecr ........................... t.2 Time, (::ompUt~tian o¢ ................................ 17.2
Specifications---definition or' ............................. ] Time. Comr~c~--dcfinition o£ ............................ !
$~ning Construction. ~cforc ...................... 2.$-2.~
Su~inl; iht ?rojcct ................: ................... 2.4 Uncovcrin~ Work ....................... ., ....... 13.~-i3.9
Stopping Work--by Conu-actor ....................... I$.$ Undcr,~'round Facilitics--dcfinkion of .................... !
Slopping Work--by Owner .......................... 13.10 Under&round Facililie: ~ nol shown or indi:ated '.. 4.3.2
Sulx:onr.~ctar--defnition of ............................. I Underl,-round Facilities--protection of ........... 4.3.6.20
Subc. ontr~¢tors--in gene,'-al ....................... 6.8-6. I 1 Unde.,'~'ound Facilities--shown or indicated ......... 4.3.1
Sub,:ontra=ts--required provisions 5. I1.I, 6.11 Price Work--clefnition of
Unit
1
I 1.4.3 Unit Price Work--general ................. I 1.9, 14.1.14.$
Substantial Completion--certification of .............. 14.8 Unit Prices ......................................... 11.3. !
Substantial Completiar~--d=finition oi' .................... ! Unit Prices, Dete,,"minations ['or ....................... 9.10
Substitute or "Or. Equal" Items ....................... 6.7 Use of Premises ........................ ' .6.16-6.18
Subsurface Conditions ............................. 4.24.3 Utility owners .......................... 6.13, 6.?0,
Supplemental costs ................................. I 1.4.1
Supplement..-), Conditions-definition of ................ I Values,'Schedule of ......................... 2.6, 2.9. 14.1
Supplcmem".ry Conditions--principal Variations in WorkmAuthorized ............ 6.~. 6.27, 9.5
rei'e,"ences to .. 2.!, 4.1, $. I, 5.3, f.6-f.8, 6.3, 6.13, 6.~, Visits to Site~by Engineer ............................ 9.2
7.4, 9.3
Supplementing Contt=ct Documents ............... 3.4-3.$ Waiver of Claims--on :=inal Paymen! ................14.16
Supplicr--.dcfnition of ................................... I Waiver o£Righzs by insure~ panics ............. $. I0. 6.11
Suppli=r~principal r~fe.,'tnces to ... 3.6, 6.5, 6.7.6.!), 6.20, Warranty and Guarantee--by Cont~ctor .... 13. I
6.24, 9. I3, ~.16, 11.8, 13.4, 14.I2 .........
Warranty of Thle, Contractor's ....................... 14.3
Surety---consent to payment .................. 14.12, 14.14 Work, Ac:ess to ..................................... 13.2
Surety~Engineer has no duly to ..................... 9.13 Work--by others ........................................ 7
Surety--notice to .......................... 10.1, 10.$, 1f.2 Work Continuing During Disputes ......... ; .......... 6.29
Surety--quaiiication of ........................... $.1-$.2 Work, Cost of ................................... 11.4-I1.$
Suspending Work, by Owner ......................... ll.l
Work--definition of ..................................... 1
Suspension of Work and Te.'-mination--in gene, al ....... I$
Work Directive Change---dcfnition of ................... 1
Superintendcnt-.-Cont~¢tor's ......................... 6.2 Work Directive Change--principal
Supervision and Superintendence .................. 6. I.6.2 rei'erences to ............................ 3.4.3, 1011-10.2
Work, Neglected by Cont"actor ..................... I3.14
Taxes--Payment by Contractor ....................... 6. ll
Work, Slopping by Contractor ............. ~. .......... 15.5
Termination.--by Contractor .......................... 15.5
Work, Stopping by Owner ....................... 15.1-15.4
Termination--by Owner ......................... 15.2-15.4
Written Amendment--definition of ...................... 1
Termination, Suspension of Work and.---in general ...... If
Written Amendment--principal
Tests and Inspections ..: ........................ 13.~-I~.7
references to ..................... .1.4.I, I0.1, II.-~, 12.1
Time, Change ot' Conu'aet .............................. 12
C - I RAL CONDITIONS ~d~c#,,t-,~n adj¢cdve which ~hcn m~ying ~hc ~o~ Work
~fcrs to Work that is unsatisfacto~, faulty or deficient, or
does not confo~ to thc Cont~:~ ~cumcnts, or d~s not
ARTICLE I~DEFINITIONS meet thc rcquircmcms of any inspection, ~fcrence s~n~d,
t~st or approval ~f~¢d to in ~e Contact ~umenu. or
Whoever used in these Gene~ Conditions or in ~e other has be~n dm~ed prior to ENGINEER's rccomm:ndafion
Contact Documents the following terns have th~ meanings offin~ payment (u~ss ms~n~ty for ~ proc:etlon
indicated which are applicable to ~th the singular and plu~ has bc~n ~sumed by OWNER at Substantial Compiction in
thereof: accordanc~ with p~ph 14.8 or 14.10).
Addend~Wfittcn or g~phic inst~mcnts issued pAor to thc Drawin~.~c d~ings which show ~c ch~c:~r
opening of Bids which clagfy, co.ct or change thc bidding of the Work to be peffo~cd ~d which have bctn
documents or ~c Contact ~cumcnts. or app~vcd by ENGhNEER ~d ~c rcfc~cd to in th: Con-
~ct ~umcnts.
A~rermrnt--~c written agreement bttween O%~ER and
CO~~OR covc~ng thc Work to be pcffo~:d; other Effective Dart of thc A~reement--~c dat~ indicattd in thc
Cont~c~ Documents arc attached to thc Agrccmcm and mad~ Agrc:mcnt on which it bccom:s effective, but ff no su:h
a pan th~rcof~ provided therein, is indicted it m~ns ~c date on which th~ Agrc~:nt is
signed and dclivc~d by thc l~t of ~c two p~ics to sign ~ad
Application for Payment--~c fo~ accepted by ENGI- d=Iiver.
NEER which is to be used by CO~~OR in requesting
prugrasa ~r fin~ ~aymgnts and which is to inalude such su~ E.¥GIN~ER~a pg~an, fi~ ~r ;~mtion n~ed
parting d~umantatian ~ is raquirgd by ~a Eom~;~
~oc~ents.
~ieId Order~A ~t:=n o~cr issued by ~NGINEER which
Bi~ offer or propos~ of the bidder submitted on the orde~ minor changes in ~ Wo~ in acco~anca wi~ pa~-
prescfibed fo~ s~tzing forth ~e prices for ~e Work to be, ~ph 9.5 but which does not involve a chang: in the Con:~ct
peffo~ad. ~ce or ~e Contract T~e.
Bon~Bid, p¢~o~anc~ and payment bonds ~d o~er GeneralRequirement~ections of Division I of~a
ins~aments of s~cufity, ficafions.
Change Ordeb~A document ~commended by ENG~EER. Law~ and Regulation: ~w~ or Regulation~ws,
which is signed by CONT~OR and O~R ~d auth~ ~ rt~lafions, o~in~cts, c~es ~or ordan.
fizcs ~ addition, deletion or revision in ~e Wo~, or ~
adjustm~ntinthtContmct~ceortheContmct~m~.issued Notice ofAward~e ~t~an notice by O%~ER to the
on or ~tar ~ ~ctive Date of the Agr~tmant. appoint succeas~l bidder s~ting ~at upon complian::
~e apg~nt suc:ess~ bidder with the conditions
Contract Documentable Agreement. Addenda (which ~r- enumt~t~d therein, ~5~in ~a time specified, OWNER will
~n to ~ Contract D~uments), CON~OR's Bid si~ ~d deliv~ ~e A~¢:m~nt.
(including d~um~nmtion ac:omp~ng ~e Bid ~d ~y ~st- Notice to Proceed~A written notice ~ven by O~'ER to
Bid documentation submitted prior to ~e Notice of Aw~) CO~~OR (with a copy to ~NGIN~R) fi~ng ~: ~t¢
when attached ~ an exhibit to the Agreement. ~e Bbnds, on which the Con.ct Time ~qll comment: to ~n and on
· ~: Gcn~ Conditions. thc Suppl~m:n~ Conditions. ~
which CO~~OR sh~l s~ to pe~o~ CONT~C-
Sp¢ci~ca~ons ~d the D~wings ~ ~ ~m~ ~e more ~- TOR'S obligations under the Contact ~cum~nts.
cific~ly id~n~R~d in the ~tam~nt. together wi~ ~ ~end-
manta, m~ifications ~d suppt¢m~ms issued p~uant to OWN~e public b~y or autho~ty, co~tion,
p~phs 3.4 ~d 3.5 on or ~er ~e ~:tive Date of ~e ~fion. ~ or~n ~ whom CO~~OR ~
A~am~nt. hto the A~:ment ~d for whom ~ Work is to be provided.
Contract P~ct~e moneys ~yabla by OWNER to CON- Partial ~Slization~P~cing a ~on of ~e Wo~ in
~OR und:r the Con.ct Docum:nta as s~t~d in ~e for ~c pu~se for w~ch it is intended (or a ~tatad
~tm¢nt (subj¢:t to the provisions of pamg~ph I 1.9.1 in ~fore reaching Subs~ti~ Completion for ~I ~e Wo~.
· e ~a of Unit ~ce Work).
Peoject~e to~ cona~c:ion of which ~ Wo~ to
Contract ~me~e numb¢r of days (computed as provided provided under ~e Con.ct ~umants may ~ ~ whole,
h ~ph 17.2} or the date a~ted in ~e A~eement for the or a p~ ~ indicated ¢lsewh¢rt M ~e Con.ct D~um:nts.
completion of the Work.
Resident Project Repre~entativ~e authorized
CO~OR~e ~on. ~ or co.ration M~ whom mtiw of ~NGINEER who is ~signed to th~ site or any
OX~R hM entered into the A~eemant. ~creof.
7
schedules ~d ocher da~ which ~ s~c~fic~ly prepared by ~s~nding to d~e~ng orunfo~seen physi~ ~ndifions under
or for COh~OR to i]]ust~tc some ~nion of~hc Wo~ which ~c Work is ~o bc ~o~cd as p~vid~d in p~ph
~d ~l filust~ons, b~hu~s, ~ schedules, ~Hot- 4.2 or 4.3 or
~cc ~, instm~ons, d~s ~d e~cr i~o~don ~ctivc C~ngc
p~ by z Supplier ~d sub~H~ by CON~OR to Contact
~lus~t~ ~te~ or equipment for ~me ~nion of~ Wo~. ~ ch~ge di~ed or d~umcnt~ by a Work ~ve
Chang~ w~l ~ inco~t~ in a subsequently issued Ch~ge
~p~c~c:~o~ose ~n~ons of ~e Conz~:t ~um:n~s Order fo~o~ng
consisting of ~tten techni~ desc~p~ons of mat:~s, any, on ~: Con.ct ~:: or ~nt~:t Time ~ provided in
eq~pm:nt, cons~c~on systems, s~d~s ~nd wo~. p~ph 10.2.
ship as applied m ~ Work and ~n ~dminis~dv~ d:~Is
appl[~ble ~reto. Wr#~en Amendment--A ~en amendment of uhe Contract
Documents. signed by O~ER and CON~OR
Sabcomrac~or--An in~i~du~, fi~ or co~tion having a ~te~ ~e Effective Date of~t A~m~nt and no~ly d~-
dir~c~ con~ct ~ COh~OR or wi~ ~y o~er Su~ lng ~ ~e
cont~c~or for th~ ~o~anc~ of a' p~ of ~ Wo~ at ~e Work-r~l~t~d as~cts of ~ Contact ~:umcms.
si~e.
Sub~amial Compleffo~e Work (or a spcciR~d p~
has pro~sscd to the ~im wh~r~, in th~ opinion of ENGI- ~TICLE 2--PRELIM~ARY MA~RS
NEER as :vid~nctd by ENGINEER's definitive
of Subs~mi~ Completion, it is sufficiently complete, in ~e~
accord~:~ ~th thc Con.ct O~umcnts, so ~at thc Wo~
(or speci~d p~) ~ ~ utfl~ed for the pu~oses for wh~:h 2.1. ~cn CON~OR d~live~ ~: tx:::~d A~-
it is' - '-a' meats to OWNER, CO~~OR shaH. also deliver to
mt.nc.., or · ~c~ b~ no such cc~ificate issued,
fin~ payment is due in accordance with p~a~ph 14. I~. Thc OWNER such Bonds as CON~OR may be r~quirtd to
te~s "substantially complete" and "subs~nti~ly com- fu~ish in accordanc~ with p~ph 5.1.
pletcd" as applied to ~y Work refer to Substan~
t/on thereof. Copiex of Doc~e~:
&~pplemema~ C°ndition~c p~ ofthe Com~c~ ~u- 2.2. O~ER sh~ fu~ish to CON~OR up to ten
meats whi:~ ~cnds or supplcm:nts these Gcnc~ Condi- copies (unless othc~ise spa:tried in thc Suppic~cnta~ Con-
tions, ditions) of
ess~ for the execution of the Work. Add~tion~ copies w~l
bc fu~ishcd, upon request, at ~hc cos~ of rcpr~ucfion.
Supplier--A manufacturer, fab~cator, suppli~, d]s~bmor,
mate~al~ or vendor.
Commencement of Cont~ r~e; ffo~ce ~o Proceed:
Undergro~ ~acil#ie~.~ pi~l~nts, c~nduits, du~s, ~e~, ~ 2.3. ~
wires, m~holcs, vaults, tanks, tunnels or ot~:r such faci~:s t~. ;i~h day
or attachments, and any encasements containing such f~:~- a Not~:: tc
iti=s which have been inst~lcd undc~ound to furnish any of ~'ofi~: :o ~c~:c~..'. Nc:~:: :~ ~::~ ...:y ~: ~:~ :~ :: -.,~
thc following so,ices or materials: ctcc:~city, gases, s:::~, ti:: v4thin
liquid p:troi~um products, telephone or other commun~:a- ...c~t. In nc
t~ons, ca~l: television, sewage and d~inage remove, t~ I~::: than :kc ~n:y
or oth:r control systems or water, ar:M :hi~i,:h ~::.,..,-e. .... -'~, 2:Ta::i", ~:~ ......e.~a .~zre~e~t._
~ ?.ieh~r date
Un# Prie~ Work--Work to be paid for on the basis of unit
S~ng the Project:
Work--~a cntirc completed conat~cfion orth~ va~ou~ ~ 2.4. CONT~OR ahall atari to pc~o~ th= Work on
~ately identifiable p~s thereof required to be furnished thc date when the Contract Time commences to mn, but no
under thc Contract Documents. Work is thc result of g:r- Work shall be done at the site prior to the date on which thc
foxing s:n'ices, furnishing labor and furnishing and in:or- Contract Time commcnc:s to
po~ting materials and equipment into thc construction, all
as required by thc Contract Documents.
Before $~ning Cons~cti~n:
Work Directive Change~A written directive to CONT~&C- 2.5. Before undertaking each pan of thc Work. CON-
TOR. issued on or ~tcr thc Effective Date of thc Agre:=:nt T~OR shall carefully study and compare thc Contmc~
and sign:~ by OWNER and recommended by ENGINEER. Documents and check and verify pertinent figures shown
8
** Indicates paragraph altered or deleted by Supplementary Conditions.
[ thereon and all applicable field measu:':ments. CONTRAC- graph :.6. The finalized progress schedule ~m~II be acceptable
I
;~ TOR shall promptly report in writing to ENGINEER any to ENGINEER as providing an orderly pro~'ession oF thc
conflict, error or discrepancy which_CONTRACTOR may Work to completion within the Contract Time. but such
discover and shall obtain a written interpretation or clarifi, acceptance will ncithcrimpose on ENGINEER responsibility
] cation from ENGINEER before proceeding with any Work for the progress or scheduling of thc Work nor relieve CON-
:~ affected thereby; however. CONTRACTOR shall not be lis- TR.~.CTOR from full responsibility th:r-'for. The finaii:ed
ble to OWNER or ENGINEER for failure to report any schedule of Shop Drawing submissions will be acceptable to
'! conflict, error or discrepancy in the Contract Documents, ENGINEER as providing a workable arrangement for pro-
) ~ unJess CONTRACTOR had actunl knowledge thereofor should cessing the submissions. The finalized schedule of values will
reasonably have known thereof, be ac:ap:able to ENGINEER as to form and substance.
[ _ 2.6. Within ten days af':er the Effective Date of:he Agree-
J mcnt (unless otherwise specified in the General Require- ARTICLE 3~CONTRACT DOCUMENTS: INTENT,
men:s), CONTRACTOR shall submit to ENGINEER for AMENDING. REUSE
I review:
2.6.1. an estimated progress schedule indicating the ltuent:
starting and completion dates of the various stages of the 3.1. The Contract Documents comprise :he entire agree-
i" Work; merit between OWNER and CoN-rRACTOR :once,ming the
Work. The Contract Documents are complementary: what is
2.6.2. a preliminary schedule of Shop Drawing sub- called for by one is as binding as if called for by all. The
missions; and Contract Documents will be construed in ac:ordanc: with
the law of the place of the Project.
2.6.3. a preliminary schedule of values for al.I of the
Work which will include quantities and prices of items ~ 3.2. It is the intent of the Contract Documents to d:scHbe
~ aggreg~':ng the Contract Price and ~all subdivide the Work
a functionally complete Project (or part thertofl to be con-
into component parts in sufficient detail to serve as the str~c:ed in accordance with the Contract Documents. Any
basis for progress payments during construction. Such Work, materials or equipment that may reasonably be inferred
prices will include an appropriate amount of overhead and from the Contract Documents as being required to produce
profit applicable to each item lof Work which will be con- the intended result will be supplied whether or not specifically
finned in writing by CONTRACTOR at the time of sub- called for. When words which have a well-known technical
,:_. mission, or trade meaning arc bscd to describe Work, materials or
equipment such words shall be interpretod in ac:ordanc: with
2.7. Before any Work at the site is started, CONTRAC- that meaning. Reference to standard specifications, manuals
TOR shall deliver to OWNER, with a copy to ENGINEER, or co,,,s'~- of any technical socie,y,' organization or association,
certificates (and other evidence of insurance requested by or to the Laws or Regulations of any governmental autho.qty.
OWNER) which CONTRACTOR is required to purchase and
whether such reference be specific or by implication, shall
ma/main in accordance with paragraphs 5.3 and 5.4, and
mean the latest standard specification, manual, code or Laws
OWNER shall deliver to CONTRACTOR certificates (and
or Regulations in effect at the time of opening of Bids (or. on
other evidence of insurance requested by CONTIL~,CTOR) the Effective Date of the Agreement if there were no Bids),
which OWNER is required to pushes: and maintain in except a.s may be otherwise specifically stated. However. no
accordance with paragraphs 5.'6 and 5.7. provision of any referenced standard specification, manual
or code (whether or not specifically incorporated by refer:ncc
Prtcon~truczion Confer:ntt: in the Contract Documents) shall be effective to chang: the
duties and responsibilities of OWNER, CONTRACTOR or
,. ~.. .
~x.+ 2.8. '~::..:.-. :'rentv . -~.ar the Effezdx-, Data ~f '.~,e ENGINEER, or any of their consultants, ag:ms or empioy-
A.:.-me .man:, ~':: before CON'IT~CTOR starts thc Work at ecs from those set forth in the Contract Documents, nor shall
the site, a conf:rence attended by CONTRACTOR, ENGI- it be effective to assign to ENGINEER, or any of ENGI-
NEER and others as appropriate wLll ~ held to discuss the NEER's consultants, agents or employees, any duty or
sch'edules ref:."red to in par,..g:aph 2.6, to discuss procedures authority to supervise or direct the furnishing or pen'o ,ret, ante
for hah.riling Shop Drawings md other submittals and for of the Work or any duty oi' authority to undertake responsi-
p,'r~::si]ngA.."'plications for~yment, and to establish a working bility contrary to the provisions of parag~-,.ph 9.1.5 or 9.16.
understanding among the p,~rties as to the Work. Clarifications and interpretations of the Contract Documents
qhall be issued by ENGINEER as provided in paragraph 9.4.
Fine!icing $chedult~: 3.3. If, during the performance of:he Work. CONTRAC-
"* 2.9. At le~t ten days before submission of:he first Appli- TOR finds a conflict, error or discrepancy in thc Contract
cation for Payment a conference attended by CONTR. AC- Documents, CONTRACTOR shall so report to ENGINEER
TOR, ENGINEER and others as appropriate will be held to in writing at once and before proceeding with the Work:u'Te:ted
finalize the schedules submitted in accordance with para- thereby shall obtain a written interpretation or clarification
** Indicates paragraph altered or deleted by Supplementary Conditions.
l' from ENGINEER; howevcr, CONTIC~CTOR shall not be such other lands which are designated for the use of CON-
liable Io OWNER or ENGINEER for fa/lure to report any TR.a, CTOR. Eascments for pcrmancnt structures or pc.wna-
conflict, error or discrepancy in ,thc Contract Documents ncnt changes in existing facilities will be obtained an~ paid
.y
~ unless CONTRACTOR had mmual imowledgc thertofor should for b)' OWNER, un]ess otherwise provided in the
~ reasonably have know~ thereof. Documents, Il' CONTIC, tCTOR believes that any d:tay in
OWNER's furnishing these lands, rights-of-way or case-
ments entitles CONTRACTOR to an extension of the Con-
~ tract Time, CONTR.a. CTOR may make a claim the~for as
Corm'g~ Documen=:
I 3.4. The Contmc~ Documcnu may bc amended to pr~ provided in Ar~ic~c I2. CONTRACTOR sh~ll provid: for
vide for additions, deletions and revisions in the Work or to add. ition:,! lands and access thereto that ma)* bc required for
T' modify the terms and conditions thereof in one or more of temporary construction faciihics or storage of m. aten~/s
I. thc following ways: equipment.
3.4.1. a formal Written Amendment,
Phys~al Condi.~n.t:
3.4.L a Change Order (pursuant to paragraph 10.4), ** 4.2.1. F_rplorations and Rgpor~s: Referen:: is made
or to the Supplementary Conditions for identification of those
reports of explorations and ~ests of subsu~ace conditions
3.4.3. a Work Directive Change (pursuant to para- at thc site that have been utilized by ENGINEER in prep-
graph 10.1). aration of thc Contrac: Documents. CONTiLA, CTOR may
~ rely upon the accuracy of the technic, al data coma/ned in
As indicated in parag~phs 11.2 and I2.1, Contract Pr/ce. and such reports, but not upon nontechnical data. in:e.~reta-
Contract Time may only I~ changed by a Change Order or a tiGriS or opinions coma/ned therein or for the c~mpi::eness
Written Amendment. thereof for CONTRACTOR's purposes. Ex:;pt as indi-
cated in the immediately preceding sentence and in para.
3.$. In addition, the requirements of the Contract Docu- ~-aph 4.2.6, CONTR.a, CTOR shall have full responsibility
merits may be supplemented, and minor variations and dcvia- with respect to subsuWace conditions at th: stet.
tiGriS in the Work may be authorized, in one or more of the
following ways: : 4.2.2. Kxi~ting Structures: Reference is made to thc
Supplementary Conditions for identification of those
3.$.1. a Field Order (pursuant to paragraph ~.$), drawings of physical conditions in or relating tO ex/sting
~ surface and subsurface structures (except Underground
3.$.L £NGINEe-R's approval of a Shop Drawing or Facilities referred to in paragraph 4.3) which are at or
sample (pursuant to p~'ag~phs 6.26 and 6.27), or contiguous to the site that have been utilized by ENGI-
NE, ER in preparation of the Contract Documents. CON-
3.5.3. ENGINEER's written interpretation or clarifi- TiLa, CTOR may rely upon the accuracy of the technical
cation (pursuant to parag~ph 9.4). data cohen/ned in such drawings', but not for the complete-
ness thereof for CONTR.~.CTOR's purposes. Except as
indicated in the immediately preceding sentence and.in
Rett~e of Dacumen=: paragraph 4.2.6, CONT'R~CTOR shall have full respon-
3.6. Neither CON ~'TRACTOR nor any Subcontractor or sibiiity w/th respect to physical conditions in or relating
Suppiicr or other person or or&-anization performing or fur- to such structures.
nishing any of the Work under a direct or indirect contract
with OWNER shall have or acquire any title to or ownership 4.2.3. ~tport of Differing Conditions: If
r/ghts in any of thc Draw/ngs, Sp~:illcations or other docu- TOR beticves that:
merits (or copies of any thereol') prepared by or be. ar/ne thc
seal of ENGINEER: and they shall not reuse any of them on 4.2.3.1. any technical data on which CONTILA. C-
extensions of thc Projc.--I or any other project without whtten TOR is entitled to. rely as provided in pa.,~gmphs 4.2.1
consent of OWNER and ENGINEER and specific written and 4.2.2 is imam:curate, or
verification or adaptation by ENGINEER.
4.2.3.2. any physical condition uncovered or
revealed at the site differs materially from that indi- --
ARTICLE ~---AVAILABILITY OF LANDS; PHYSICAL ca~ed, reflec:ed or reft. red to in the Con'..'~:t Do:u-
CONDITIONS; REFERENCE POINTS merits,
CONTRACTOR shall, promptly alter becoming aware
Availabili~. of Landx: thereof and before performing any Work in connection
4.1. OWNER shall furnish, as indicated in the Contract therewith (except in an emergency as permitted by para- -.
Documents, the lands upon which the' Work is to be per- graph 6.~), notify OWNER and £NGINEER in writing
formed, rights-of-way and easements for access thereto, and about the inaccuracy or difference.
4.2.4. ~NGiN~R'; Review: ENGINEER will dele~ine the extent to which the Contract Documents
promptly review the pcnincnt conditions, dateline thc should be modified to rc~c:t and document thc consc.
necessity o~obtainin~ additional cx~o~ions or tests wi~h qucnccs oF the existence o/[h~ Underground FaciIi~)'. and
~spcct thc~to and advise OWNER in ~ting (with a copy thc Contract Documents will bc amended or supptcm:n:~
to CONTRA~OR} at ENGINeeR's findings and con- co thc extent ncccss~. During such time. CONT~C-
clusions. TaR shall be ~s~nsiblc for thc safc:y and pratt:zion
such Underground Fzc~l~ty as provided in pa~g~rh
4.2.S. Possible Document Change: Ir ENGINEER CON'~OR sh~l be allowed an inc~sc in the Con.
concludes that there is a ma~ ~or in thc Contact ~ct P~c~ or an ~xtcnsion of thc Contact Time. or
Documents or lhal because or nc~ly discovered condi- to the ~xtent that they ~ att~butable to thc exis:tn::
tions a chang~ in thc Contact Documents is required, a any Unde~ound Facility ~at was not shown or
Work Directive Change or a Chan~: Order will bc issued in th~ Cont~c~ Documents and which CONT~OR
as provided in A~icl~ I0 to reR:ct ~d document thc could not reasonably have ~n ex~c:~d to bc aware of.
consequrnc~s or the inac:u~cy or difference. Ifth~ p~ics ~e unab]~ to ~:~ as to the amoum or l~ng:h
thor:of. CO~~OR may m~c a cl~m ~c~for as
4.2.6. Possible Price and Time Adfitxtmentx: In each provided in Articles 11 and I2.
such case. an increase or decrease in ~c Contract
or an cx:~nsion or sho~cning of the Contact Time. or any
combination thereof, will bc allowable to thc extent that Reference
~h:y are at:~butablc to ~y such ina:curacy or difference. ~ 4.4. ~9,'NEE s~'. ~ox'i~a ~gfneedng sun'eys ::
If OWNER and CONT~OR ~t unable to agrct as to l~h re~eren:. ~in:: f:r ~n::n:::ion ~ie~ ~:.
th: amount or length thc~of, a claim ~y be made therefor j~:~e .... e n---s~,~ ...... ~ ~ ~:. ~x,~,_ ~.,,~' ~v_. _ ~ :~ 7::
as provided in Articles Il and I~ ~th the Work. ~N~'.~R c~ll ~ res~si~e F:r
lng au: ~m Wad; (uale~ ot~,'~ ~pecified iR the C:~..
Ph).~icMCo~L~om~nde~undFac~;~e~: referea:e points ~ ~al: m:~ no ~hanges or
4.3.1. Shown or Indicated: ~e info.arian and ~ta u'hhou: :he prior w~tztn egg<va] of OWN~. ~0NT?-'.
shown or indicted in ~Con~ct ~um~nts with ms.ct T~. c~:?. r4po~ to ENC:?:EE~ ~t~: :~)
to existing Underground Facilities at or contiguous to the po/n~ ?~ ~:~: or d~s:rvy~ o: :s~:ires reloca:~n ~e::::
site is based on info,arian ~d data ~mishtd to OWNER ~:~s~· -~=ts :- ~-~-s ~r"-~,;~n ~ ..... be
or ENGINEER by the o~e~ ofsueh Unde~ound Facil- gb~ for Lhe ae~:e reTie:emac: or rzlocat[~ of :<ek
stance paints by prafe::ion~l:' ~ified pe~n~.
tries or by other. Unl~ it is othe~se expressly pr~
rifled in ~e Supplement~ Conditions:
4.3.1.1. OWNER and ENG~EER shall not be ARTICLE ~BONDS ~ND ~SU~NCE
responsible for ~e ac~cy or completeness,of any
such info,arian or ~ta; and, Pe~o~nct ~d Other
4.3.1.2. CONT~OR sh~l have full respansi- ~ l.l. CON~OR sh~I Mmish peffo~ance and pay-
bility for reviewing and checking all such i~o~ation merit ~onds, each in an ~ount at least aqu~ to the Contact
~d data, for locating ~I Undeipound Facilities shown Price as s~cuNty for the faitM~l ~o~anct ~d paym:nz of
or indicated in the Contract Documents, for ¢~rdina- MI CONT~t~OR's obligations under ~e Cant=c: D~u-
tion of the Work with the owne~ of such Underground manes. ~eae Bonds shaU ~main in effect at least until one
Facilities during consz~etion, for the s~ety and pr~ year ~ttr the date when fin~ payment be:ames due,
tection thereof M provided M p~ph 6.20 and ~ oth~'ise provided by Law or Regulation or by the Con-
~pai~ng any da~e ~e~to ~sulling from the Work. t~ct Documents. CONT~&~OR shall ~so furnish such
~e cost of ~1 of wMch will be considered ~ having other Bonds as ~e mqui~d by the Sugplementa~ Condi-
been included in the Contact ~c:. , tions. ~ Bonds sh~l be in the fo~s prescribed by ~w or
~ Regulation or by ~e Cont~c: D~uments ~d be
4.3.2. Not Shown or Indicated. If an Underground by such sureties as ~e nam:d in the cu~tnt list of "Cam-
Facility is uncovered or revealed at or contiguous to the panics Holding Certificates of Authority ~ Acceptabl~ Sure-
site which was not shown or indicated in th~ Contact ties on Federal Bonds and as Acceptable Reinsu~ng Cam-
Documents and which CONTRA~OR could not reason- panics" M published in Circul~ ~70 (amended) by the Audit
ably have bean expected to be aw~e aL CONT~OR 5~ B~au of Accounts, U.S. Treasu~ ~p~ment. All
shall, promptly ~ter becoming aw~e thereof and before Bonds si~ed by an agent must be ae:omp~i~d by a c:~iRed
~ffo~ing any Work ~ected thereby (except in an emer- copy of ae authority to act.
gtncy as ~itted by p~gmph 6.22}, identify the owner
ofsuch Undt~ound FaUlty and We ~lten notice the~of ~.2. ~ the surety on any Band furnished by CONTRAC-
to that owner and to OWNER and ENGINEER. ENGI- TaR is decided a bank~pt or be:ames insolvent or its ~ght
NEER will promptly review the Underground Facility to to do business is te~/nated in any sta{e where any p~ of
of p~ph 5.1, CON~OR sh~l ~u~in ~ve days ~nd ENGINEE~ by ccni~:~ m~l. Ail such i~su~acc
lh~r~cr substitute ano:h~r Bond and Sur:~y, bach of whi:h r:main in effect un61 Hnal p~}'m:nl and a~ ~1 tim:s
musi ~ acceptable to OWNER. when CONT~OR mav be co~:6n$, r:movin~
~placing H~/~cri, e Work in a:~an:: with p~$~h I :. I_.
In addigon, CON~t~OR s~ main~n such
Co~r's ~b~ l~n:~: op:mtions insu~n:: for a~ l~s: ~'o y~ ~:r fina! 7cymes:
**f3. COA~OR sh~l purchase and m~n~in such and furnish O%~ER wi~h evidence of continua:ica of such
comp~hcnsiv~ g~nc~ liabilky ~d other insu~nc~ as is insu~nc~ al final pavm:n~. .n., a on~ y~,
approp~ate for ~e Work being ~ffo~ed ~d ~mish~d and
as will provide protection from clams set forth below which
may ~se out of or result from CO~t~OR's peffor- Conr~e~b~. Insurance:
m~ze and furnishing of the Work and CONT~OR's
** !4. ~e ~mprehens/ve ~:aer~ liab~i:y insu~ ~uir:d
other obli~5ons under ~e Contact Documen:s, whe:her it
by pa~ph 5.3 will include cont~ctu~ liability
is to be peffz~ed or furnished by CON'T~t~OR, by any appli~ble to CO~T~t~OR's abli~tions und:rpa~g~phs
Subcont~::or, by anyone d~e:tly or indirectly employed by 6.30 ~d 6.31.
any of th:~ to peffo~ or furnish any of the Work, or by
anyone for whose acts any of them may be liable:
f3.1. Claims under worke~' or workmen's compen- O~ner's ~ Ie~u~nce:
sation, d~/zNli~y bene~ts and o~:r s~il~ employee ben- 5.f O~ER sh~l be responsible for --~, '
pu ..... s,ng and
efitacts; ~m~n~ning OWNER's o~ liability insu~n:: and, at
OWNER's option, may pur:h=e and m~n:ain such insur-
5.3.2. Clams for damages b~:ause of bodily inju~, ~cc as will prote:t OWNER ag~nst claims which may
oc:upaffz:~ sickness or disuse, or d~ath of CON~C- from operations under the Canu~zt Documents.
TOR's e=pioyees;
5.3.3. Ci~ms for damages bemuse of bodily inju~, Pro~e~. Insu~nce:
sickness ~r disease, or death of any person other th~ ** 5.6. Unless othe~isa provided in the
CONT~t~OR's employees; Conditions, O~ER/h~l purchase and maintain propen~
insurance upon the Work at ~e site to the rum insu~bie value
5.3.4. 'Claims for ~ages insu~d by person~ inju~ ~ere~f (subject to such deduz:~Ie amounts ~ may be pr~
liability coveage which ~e sus~ned (a) by any person vialed in the Supplement~ Conditions or reouired by ~ws
.
as a resuk of an offense directly or indirectly related to and Re~lations). ~nis insu~:e shall include the
the employment of such person by CONT~OR, or of OWNER. CONT~OR. Subcont~c:ors, ENGINEER
~) by any o:h:r person for any other r~son; and ENGINEER's consultants in the Work, ~l of whom shall
be listed as insureds or additJoz~ insureg p~ies, shall insure
f3.5. Cairns for damages, ath:r ~an to ~e Work a~inst the pe~ts of fire and extended :avenge and shall
its:~, because ofinjuu to or dast~z:ion oftangible pro~ include "all 6sk" insurance for physi:~ loss and damage
e~y wherever located, inz!uding loss of use resulgng including theft, vandalism and malicious mischief, collap, s~
therefrom; ~d water damage, and such other perils as may be ~rovided
in the 5upplemant~ Conditiens. and sh~l include damages,
5.3.6. Claims ~sing out of ope~tion of ~s or Reg- losses ~d expenses ~sing ou~ ofor resulting from any insured
ulations for damages because of bodily injuQ' or death of loss or incu~ed in the repair or replacement of any insured
any person er for d~ag: to property; and progeny (including but not limi::d to fees and charges of
engineers, architez:s, attorneys and other professioaa!s). If
f3.7. Claims for damages because of bodily inju~ or not covered under the "all Hsk" insurance or othe~'ise pr~
death of :~y g:rson or ~r~peny damage ~siag out of the vidad in th: Suppt:ment~ Con~:ions. CONT~%~OR
ownership, maintenance or us~ of any motor vehicle, purchase and main:ain simil~ property insu~nce on portions
ofth~ Work stored on and offuh: site or in transit when such
The insu=n:: required by this pamg=Th 5.3 sh~l include portions ofthe Work are to be in:tuded in an Application for
the specific coverages and be wNtten for not less than the Payment.
limks of liability and cove=g:s provided in the 5upplemen-
ta~ Conditioas. or requir:d by law, whichever is greater, f7. OWNERshallpurchaseandmaintainsuchboiierand
The comprek:r, sive gene~ liability insurance shall include machine~ insu~nce or additional property insurance as may
comp!et:~ op:ations insu~nee. All of the policies of insur- be requir:d by the Supplementa~ Conditions or Laws and
ante so required to be purchased and maintained (or the Regulations which will inctuge the interests of OWNER.
ceaifiza~es or ocher evidence thereoO shall contain a provi. CONTRACTOR, Subcontra::ors. ENGINEER AND -
sion or endorsement that the cove~ge afforded will not be ENGINEER's consultants in the Work. all of whom s~all be
canoe!led, ma~:ffally changed or renewal refused until at least lis~ed as insured or addi~ion~ insure~ panics.
5.8. Ail the policies ol' insurance (or thc-cen~cates or such waiver forms arc required or' any Subcontra-'tor.
other evidence thcreo0 required to be purchased and main- CONTRACTOR will obtain thc same.
~incd by OW~'ER in accorda~ucc w~th paragraphs $.6 and
$.7 will contain a provision or endorsement the! the coverage
a.ffordcd w~ not be canceUcd or matez'bxtly changed or renewal Rtcei~t and Applica~n of Preteens:
refuseduntilatleastthirtydays'priorwrittennoticehasbeen $.12. Any insured loss under the policies of insu,'-ance
given to CONTR. AC'TOR by certified mail and w-ill contain required by para~-aphs $.6 and $.7 will ha adjusted with
waiver provisions in accordance with paragraph 5.11.2. OWNER and made payable to OV,~'ER as u~aste-. for the
insureds, as their inte:ests may appear, subje:: to the require.
$.9. OVt~ER shall not be responsible for pu~hasing and merits or' any applicable mortgage clause and of
maintaining any property insurance to protect the interests $. 13. OWNER shall Ceposit in a separate a--count an)' money
of CONTRACTOR, Subcontractors or others in the Work to so received, and shall disu'ibute it in ac:o.~ance with such
the extent of any deductible amounts that are provided in the agreement as the pa.des in interest may reach. 1f no ether
Sut:plemcntary Conditions. The risk of loss v'i:hin the special a~eement is reached the damaged Work shall be
deductible amount, will be borne by CONTKACTOR, Sub- repaired or replace~, the moneys so received al:piie~ on
contractor or others suffering any such loss and ifany of them account thereof and ;~,e Work and the cost thereof covered
wishes prope:':y insurance coverage within the limits of such by an appropriate C~ang¢ Order or W~tten Amcnd.,'nen:.
amounts, each ~ay purchase and maintain it at the pu~has-
er's own expease. $.13. OWNER as trus~--e shall have power to adjust and
settle any loss with the Lnsu::rs unless One of the parties in
5.10. If CO.X,"rRACTOR requests in writing that other interest shall obje:~ ia writing within ~te--n days aft,-.- the
special iasur~.ce be included in the property insurance poi- occurrence of loss to OWNER's cxe,"cise of this power. If
icy, OWNER shall, if possible, include such insurance, and such objection be made, O~,."NER as u'astee shall make set-
the cost the~o£will be charged to CONTRACTOR by appro- r.[ement-with the insur-'.~ in accordance with such agreement
p~a:e Change Order. or Written Amendment. Prior to corn'- as the parties in int¢:'est may reach. If required in writing by
mencement of the Work at the site, OWNER shal] in writing any party in interest, OWNER as t,'-,zstee shall, upon the
advise CONTR.-~C~'OR whether or not such other insurance occurrence of an insured loss, give bond for the proper per-
has been procured by OWNER. formance of such duties.
Waz'ver of Ri~ht~: ~ Ac~ept,,nee o.t'ln, vuran~e:
5.11.1. OWNER and CONTR.%CTOR waive all rights 5.14. IfOWNERhasanyob.;.ectionto'..h¢coverageaffor~:d
against each other for all losses and damages caused by by or other provisions of the insurance required to be pur-
~ any of the p=~s covered by thc policies of insurance chased and maintained by CONTRACTOR in accordance
provided in response to paragraphs $.6 and 5.7 and any with pa~graphs 5.3 and $.~ on ',.he basis ofits not complying.
other pro.:e:':y insurance applicable to the Work, and also with the Contract Documents, OWNER shall notify CON-
waive all such rights against the Subcontractors, ENGI- TRACTOR in writing thereof within ten days of the dat-' of
NEER. ENGiNEER's consultants and all other parties delivery of such ce.~i,~:atcs to OWNER in accordance with
named as insu:eds in such policies ['or losses and damages paragraph 2.7. Lt' CO.~, s'T~ACTOR has any objection to the
so caused. As required by paragraph 6.1 I, each subcon- coverage afforded by or other provisions or' the polici-'s of
~, tract between CONTIC~.CTOR and a Subcontractor will iasuran:erequiredto~ purehasedand'maia~ncdbyOV,'.'";ER
contain sirr. i~ar waiver provisions by the Subconu'~-":or in in accordance with paragraphs 5.6 and 5.7 on the basis of
favor of OWNER, CONTRACTOR, ENGINEER. ENGI- their not complying with the Contract Documents. CON-
NEER's cot'.sec!tents and all other pa.,':ies named as iasureds. TR.~.CTOR shall noti~' OWNER in writing ther-.of within ten
None of th-' above waivers shall extend to th-' rights that days or' the date of delivery of such ce."t, ifi:ates to CON-
any of the insured parties may have to the proceeds of TR.ACTOR in accordance with paragraph 2.7. OWNER and
insura~nce ~:I:i by OWNER as trustee or otherv,'ise p.ay. CONT.R.~.CTOR sh~ each provide to the other such addi-
able under any policy so issued, tional information in respect or' insurance provided by each
as the other may reasonably request. Failure by OWNER or
:~.I 1.2. OWNER and CONTRACTOR imend that any CONTRACTOR to give any such notice of objection within
-- policies provided in response to paragraphs 5.6 and 5.7 the dine provided shall constitute acceptance of such insur-
shall prote:t all or' the ps.hies insured and provide primary ance purchased by the other as complying with the Cont'=ct .
coverage for all losses and damages.caused by the perils Documents.
~- covered the:'e?.'y. Accordingly, all such policies shall con-
tain provisions to the effect that in the event o~' payment
o£ any loss or damage the insurer will have no rights of Pa,-ri~ [7"-~Ji:ado;: Property In.reface:
~ recovery against any of the panics named as insureds or $.15. If OWNER finds it necessary to occupy or use a
additional insureds, and if the insurers require separate portion or portions or' the Work prior to Substamial Comple-
wn;ver form,,s to be signed by ENGINEER or ENGI- tion o['all the Work. such use or occupancy may be ac:om-
NEER's consultant OWNER will obtain the s-~.,-.e, and if plished in accordance with para.g.~ph 14.10: provided thai no
such usc or occupancy shall commence before thc insults 6.5. All materials and equipment shall be orgoc<l qualit~ ~
providing thc property insunmce have acknowlcdgcd notice and new, exccpt as other~'isc provided in thc Contract Doc-
thercafand in writing effected the. changes in coverage notes, uments. U' required by ENGINEER. CO.~TR.~,CTOR shall
sitated thereby. The insurers providing the property insur- furnish satis£a:tory evidence (including repons or required
anco shall conscnt by cndorsement on thc policy or policies, tests) as to the kind and quality of mater{als and equipment.
but thc property insurance shall no[ be cancelled or lapse on All matcrials and equipment shall be applied, installcd, con-
account of any such pa.r~ial usc or occupancy, netted, erected, used, cleaned and conditioned in accordance
with thc instructions of the applicable Supplier except as
otherwise provided in thc Contract Do:u,'ncnts: but no pro-
vision of' any such instr'--':t~ons will be etTcctivc to assi~ to"~
ARTICL]~ 6--CONTRACTOR'S Rc'S?ONSI]~ILITI?~S i:'~GII,~I:ER, or any of E.~GI.~E=-R's consultants, agents or
.employees, any duty or authority to supe,~'isc or direct thc
furnishing or performance of the Wor~ or any duty or author- ~
$~r~b~n m~lSuperfmem~ence: ity to undertake responsibility contr',~' to the provisions of
6.1. CONTRACTOR shall supervise and direct the '~,:ork Paragraph 9.15 or 9.16.
competently and e~ciently, devoting such attention the~to
and appl)'Jng such skills and expe:'t~se as may be necessary '~
to peri'Grin the Work in accordance with the Contract Doc- A~fja. cr~ ]ar~ress $che~uZe:
uments. CONTRACTOR shall be solely responsible for the 6.6. COI~TICa~CTOR shall submit to S.NGI.~-=R ~'or
means, methods, techniques, sequences and procedures of acceptance (to the extent indicated in pr..-~graph ~.g) adjust- '~
;
construction, but CONTRACTOR shall not be responsible ments ih the progress schedule to re,fleet the impac~, thereon
for the negligence of others in the design or selection of a of new developments: these w~ll conform ge,~e:'ally to the
specl~c means, reechoed, ~echnique, sequence ar procedure progress schedule then in e,a',e:t and adciitionally will comply ~
of consu'u:tion which is indicated in and required by the with any provisions of the Gene.al Requirements applicable
Contract Documents. CO~TRACTOR shall be' responsible thereto.
[o see that thc finished Work complies accu~tcly with thc
Contract Documents. . ~
6.2. CONTRACTOR shall keep on the Work at all times
6.7.1. Whenever mate."fals or equipment are spe¢.;Hed
during its progress a competent resident superintendent, who '~
shall not be replaced withoul written notice to OWNF..R and or described in thc Conu'act Documents b.y using the.name '
ora proprietary item or the name of a particular Supplier
ENGINF._=R except under extraordinary o~rcumscances. T'ne
thc naming of the item is intended to establish thc type,
superintendent will bc CONTRACTOR's representative at
function and quality required. Unless the name is followed
the s~te and shaJI have authority to act on behalf of CON-
TRACTOR. AIl communications g~vcn to the superintendent by words indicating that no substitution is pe.,-Tnittccl,
shall be as binding as Lt' g~ven to CONTRACTOR. materials or equipment of other Suppliers may be accepted
· by ENGINEER if sufficient information is submitted by
CONTRACTOR to allow ENGINE--R to determine treat
[,~Aar, ,~f~tr~.~s ar~f ~ct~£j~meru: the materiaJ or equipment proposed is equivalent or equal
to that named. The procedure for review by E.NGINE-:R
6.3. CONTRACTOR shall provide competent, suitably will include the following as supplemented in the General
qualified personnel to survey and lay out the Work and per- Requirements. Requests for review of substitute items of
form constru::ion as required by the Contract Documents. material and equipment will not be accepted by ENGI-
CONTR.RCTOR shall a~ al! times maint~n good discipi~nc NEER from anyone other than CONTR.~.CTOR. If CON- '"
and order at the site. Except in connccLion with the safety or TRACTOR wishes to furnish or use a substitute item of
protection of persons or thc Work or property at the site or material or equipmenL CO.N'TR.~.CTOR shall make writ-
ad.iaccnt thereto, and except as otherwise indicated in L~.e ten application to ENGINEER for acceptance thereof,
Contract Documents, all Work at thc site shall be perfor~,.,.::t certifying that the proposed substitute will pon'Grin adc-
during regular working hours, and CONTRACTOR wiU not quately thc functions and achieve thc results called for by
permit over:.ime work or the performance of Work On Sat- thc general design, be simiIaz and of equal substance to ~,
urday, Sunday or any legal holiday without OWNER's wr;t- that specified and be'suited to thc sam, c usc as that spec-
ten consent ~iven after prior written notice to ENGINE:_.R. ified. The application will state that the evaluntion and
acceptance of' the proposed substitute will not prejudice
6.4. Unless otherwise ~pccif~cd in the General Require, CONTRACTOR's achievement of' Substantial Comple-
ments, CONTR.a, CTOR sba J! furnish and assume fuji rcspon- tion on time, whether or not acceptance of thc substitute
sibility for all materials, equipment, labor, transportation, for use in thc Work will require a change in any of the
construction equipment and machinery, tools, appliances, Contract Documents (or in the pro¥isions of any other
fuel, power, light, heat, telephone, water, sanitary facilities, direct contract with OWNER for work on the Project) to
temporal, facilities and all other facilities and incidentals adapt the design to thc proposed substitute ~nd whether
necessary for the furnishing, performance, testing, star~.up or not incorporation or use o£ the substitu~ in connection
and completion of the Work. with the Work is subject to payment of any license fcc or
14
· -~ Indicates paragraph altered or deleted by Supplementary Conditions.
royalty. All vaHa6ons of the proposed substltuze from that OWNER and ENGINEER and if CONTRACTOR has
specified will be identified in the application and available submitted a list thereof in accordance with thc Supple-
maintenance, repair and replacement service will be indi. mcntary Conditions, OWNER's or ENGINEER's accept-
coted. Thc application will also contain an itemized esti- ante (either in writing or by failing to make written ob.~ec-
mate of all costs that will result directly or indirectly from tion thereto by thc date indicated for acceptan¢--, or obje:-
acceptance o£ such substitute, incIuding costs of redesign tion in the bidding documents or the Contract Documents)
and claims of other contractors affected by the resulting of any such Subcontractor, Supplier or other person or
change, all or which shall be considered by ENGINEER orsanization so identified ma)' be revoked on thc basis of
in evaluating the proposed substitute. ENGINEER may reasonable objection after due investigation, in v,'h~:h r. ase
require CONTR^CTOR to furnish at CONTRACTOR's CONTRACTOR shall submit an acceptable substitute, the
expense additional data about thc proposed substitute. Contact l:¥icc will be increased by the difference in the
cost occasioned by such substitution and an appropriate
6.'/.2. ifa specific m,ans, method, technique, sequence Change Order well be issued or Written Amendment si~ed.
or procedure of construction is indic, areal in or i'equired by No acceptance by OWNER or ENGINEER of an)' such
the Contract Documents, CONTRACTOR may furnish or Subcontractor, Supplier or other person or organize:ion
utilize a substitute means, method, sequence, technique shallconstitute awaiveroFany right oFOV,,"NERor ENGI.
or procedure of construction acceptable to ENGINEER, NEER to reject defective Work.
if CONTR. a, CTOR submits sufficient information to allow
ENGINEER to determine that th,- substitute proposed is ** 6.9. CONTRACTOR shall be fully responsible to O'A',~ER
equivalent to that indicated or required by the Contract and ENGINEER for all acts and omissions of the Subcon-
Documents. The procedure for review by ENGINEER tractors, Suppliers and other persons and organizations per-
will be sim,let to that provided in paragraph 6.7.1 as applied forming or furnishing any of r. be Work under a dire:: or
by ENGINEER and as may be supplemented in the Gen- indirect contract with CONTRACTOR just as CONTiL-tC-
eral Requirements. TOR is responsible for CONTRACTOR's own acts and omis-
sions. Nothing in thc Contract Documents shall create any
6.7.3. ENGINEER will be allowed a reasonable time contractual relationship between OWNER or ENGINEER
within which to evaluate -,ach proposed substitute. ENGI- and any such Subcontractor, Supplier or other pe.~on or
NEER will be the soie judge of acceptability, and no organization, nor shall it create any obligation on the part
substitute will be ordered, installed or utilized without OWNER or ENGINEER to pay or to see to the payment of
ENGINEER's prior written acceptance which will be evi- any moneys due any such Subcontractor. Supplier or other
dented by either a Change Order or an approved Shop person or organization except as may otherwise be required
Drawing. OWNER may require CONT1LACTOR to fur- by Laws and Regulations.
nish at CONTRACTOR's expense a special performance
guarantee or other surety with respect to any substitute. 6. I0. The divisions and sections of the St:~cifications and
ENGINEER will record time required by ENGINEER the identifications of any Drawings shall not control CON-
and ENGiNEER's consultants in evaluating substitutions TRACTOR in dividing the Work among Subcontractors or
proposed by CONTR.~CTOR and in making changes in Suppliers or delineating the Work to be performed by any
the Contract Documents occasioned thereby. Whether or sp~ci~c trade.
not ENGINEER acc:pts a proposed substitute, CON-
TRACTOR shall reimburse OWNER for the charges of 6. I I. All Work performed for CONTRACTOR by a Sub-
ENGINEER and ENGINEER's consultants for evaluat- contr~::or will be pursuant to an appropriate agreement
lng each proposed substitute, between CONTRACTOR and the Subcontractor which spe-
ciically binds the Subcontractor to the applicable te.."n,s and
conditions of the Contract Documents for the bene.qt of
Concerning Subcoraractor~, Suppliers and Others: OWNER and ENGINEER and contains waiver provisions
6.8.1. CONTICa, CTOR shall not employ any Subcon- as required by paragraph $.1 I. CONTRACTOR shall pay
tractor, Supplier or otherper~on or organization (including each Subcontractor a just share of any insurance moneys
those ac::p:able to OW,"NER and ENGINEER as indi- received by CONTILACTOR on account of losses under poi-
' coted in paragraph 6.g.2), whether initially or as a substi- icies issued pursuant to paragraphs 5.6 and 5.7.
rute, against whom OWNER or ENGINEER may have
r~asonable objection. CO.N'rR. ACrOR shall not be required
to employ any SubconL-actor, Supplier or other person or Patent Fees and Royal~'e~:
organization to furnish or perform any of the Work against 6.12. CONTRACTOR shall pay all llc:nse fees and roy-
whom CONTRACI'OR has reasonable objection, ahies and assume all costs incident to the use in the perfor-
6.8.2. If the Supplementary Conditions require the mance of the Work or the incorporation in the Work of any
identity ofc:,~ain Subcontractors. Suppliers or other per- invention, design, process, product or device which is the
sons or organizations {including those who are to Furnish subject of patent rights or copyrights held by others. It' a
the principal items of materials and equipment) to be sub- particular invention, design, process, product or device is
mitred to OWNER in advance ofthe speciiled date prior specified in the Contract Documents for use in the peri'or-
to the Effective Date of the Agreement for acceptance by monte of the Work and if to the actual kno,a'Iedge of OWN ER
or ENGINEER its use is subject to pazent Hghts or copyfights place of the ~'o)ect which a:~ a~pli~abl¢ dufin~ ~he ~or-
~Iing ~or ~c paymcm of~y license fee or royalt~ ~o othe~, manet of thc Wo~.
the ~xistcnce of such ~$h~s sh~l ~ di~losed by OWNER in
the Con~ ~umenu. CO~~OR sh~ indemnify
and hold ~css O~ER ~d ENG~EER ~d ~yonc ~
di~c0y or ind~c0y employed by e~ of th~m f~m ~d
6,16. CON~OR sh~ co.ne ~ns~cflon equi~
a~nst ~! clams, d~ges, loss~ ~d ~x~nses (including m~nt, the stooge of mattfi~s ~d equipment and thc
atto~eys' fe~s ~d cou~ ~d ~tion costs) ~sing out of ations of wo~ to the ~oject site ~d l~nd ~d ~s idcn-
any infringement of patent Hghts or ~p~ghts incident to tiffed in ~d ~itted by thc Con.ct ~cuments ~ other
the use in ~e ~ffo~m:e of the Wo~ or ~su/flng f~m ~e land ~d ~as ~ined by ~ws and Reg~ations, fights-
inco~mtion in ~ Wo~ ofany ~vention. design, p~ess, of. way. pe~i~ ~d ~sements, ~d sh~! not unr~sonab[y
produ;~ or d~vice not s~cified in ~e Con.ct Documents. encumber the p~mises wi~ constriction equipment or other
~d sh~l defend ~ such ;l~ms in ~nn:ction wi~ ~y ~leged ~:;~s or equipment. CONT~OR sh~ assu~e
inffingemgnt of such fights, res~ns~ility for any d~ag~ to ~y su:h l~d or :-~. or to
the o~er or ~;up~t thor;of or of any ~d or ~s
uous ~e~lo, resulting from the peffo~an:~ of the Work.
~t~: Should ~y cl~ be mad~ ag~ns~ OglER or ENGINEER
~ 6,13. Unless o~c~'ise pmvid~ in the Supplcmcnt~ by any such owner or occupant bemuse of thc
Conditions, CO~~OR sh~! obt~n and pay for ~! con- of~e Work, CON%~OR sh~ p~mptly attempt to
s~mction ~its and licenses. O~ER sh~l ~sist CON- with such other p~y by a~ccmcnt or othc~st resolve th~
~0R. when nec~s~, ia ob~ning such ~its and claim by ~itmtion or at law. CONT~OR sh~L to th~
licenses. C0~~OR sh~l pay ~I gove~men~ ch~ts ~:st extent ~iH~d by ~ws and Regulations,
and ins~:~o~ fees ne~s~ for ~ pmsecu~on of ~ Wo~. ~d hold O~R ~d ENG~'EER h~ss ~m :~d ~nst
which ~ appii~blc at the tim~ ofo~ning ofgids, or ifth~ ~1 c1~ms. ~mag~s. Ioss~s and exp~as~s (including, bu~ not
are no Bids on ~he ~ffective Date of ~ A~etm~nt. CON- limited to. fe~s of ea~ne~. ~hitec:s, atto~eys ~d other
proftssion~s ~d court ~d ~-bit~tion cos:s) ~sin~
T~OR sh~l pay ~I charges of u~lity ownc~ for con- -
nections to ~ Work. and OWNER sh~ pay ~ chics of indig:tly or cons~qu~nti~ly out of any action, Ie~ or equi-
such utility owne~ for ~pit~ cos~ glared ~er~to such m table, brought by any such other p~y against OglER or
plant investment fees. ENGINEER to ~ extent based on a ct~m ~sing out of
CO~~OR'~ peffo~ance of the Wo~.
~ a~Re~o~: 6. I7. ~DuHng ~e pro~:ss of th~ Wo~, CON~OR
6.14.I. CO~~OR sh~l We ~I notices and sh~l ke~p the pgmises free from accumulations of wast~
comply ~th ~ ~ws and Re~lations app[i~b[e to ~r- matters, rubbish and other debts resulting from th: Work.
nishing and pe~o~anc~ of ~e Work. Except where otb- At ~e completion of the Work CONT~OR sh~] remove
e~se expressly required by appii~ble ~ws and Re~- ~l waste mateH~s, rubbish and debts from and about the
lations, ngither OWNER nor ENG~NE~ sh~I be ~spon* prg~ses ~ well ~ ~1 tools, app[ianc:s, const~ction equi~
sib[e for monitodng CONVeYOR's compliance with ment and machine~, and su~lus mated~s, and sh~l
any ~ws or Re~lations. ~ site clean and ready for occup~cy by OWNER. CON-
~OR sh~l r~store to original condition ~1 property not
6.1g.2. Ir CON~OR obse~es ~at the Speci~- desi~ated for ~te~tion by the Contac: Documents.
cations or D~wings ~e at v~ance with any ~ws or
Reguiations, CONT~OR sh~ give ENGINEER 6.18. CON~K~OR shall not load nor pe~it ~ny
pro~t w~t:en notic~ ~hereof, a~d ~y nectss~ ch~g:s of any s:~c:urg to b~ loaded in any manner that will endanger
will be authorized by one of :~ methods indicated in the s:~cture, nor sh~l CONT~OR subject any p~
pa~ph 3.4. ~ CONT~OR peffo~s ~y Work the Work or adjacent prope~y to s~csscs or pressur:s that
knowing or having r~son to know ~at it is con~ to will endanger it.
such ~ws or Re~tations, and without such notic~ to
ENGINEER, ~ONT~OR sh~l be~ all costs ~sing
therefrom: however, it shall not be CONT~OR's pal- RteordDocume~:
ma~ responsibility ~o make ct~n that the SpeciHcations 6.~. CONT~OR shah m~nt~n in a safe place at
and D~wings are in accordance with such ~ws and the site one re:oral copy of all D~wings, Spe:~H~tions,
Regulations. Addenda, WHt:en Amendments, Change Orders, Work
Directive Changes. Field Orders ~d walt:eh inte~retations
and clarifications (issued pursuant to p~g~ph 9.~) in good
r~: order and anno~ted to show all changes made du~ng con-
6.15. CONT~OR shall pay ~1 sales, consumer, us~ st~c:ion.~eserecorddocumentstoge~herwithaila~proved
and other simiI~ taxes required to be paid by CONTAC- samples and a.coUnte~an of all approved Shop D~wings
TOR ia accordance with the ~ws and Regulations'of the will be available to ENGINEER for reference. Upon cora-
l6
pletion of the Work. these record documents, samples and Emergencies:
Shop Drawings will be delivered to ENGINEER for OWNER. 6.22. In emergencies afro:ting the safety or protection of
persons or the Work or property at the site or adjacent thereto.
CONTR. ACTOR. without special instruction or authorization
Safety and Protection: from ENGINEER or OWNER. is obligated to act to prc~ tnt
threatened damage, injury or loss. CONTR,a. CTOR shah give
6.20. CONTRACTOR shall be responsible for initiating. ENGINEER prompt written notice ~'CONTR.a, CTOR
that any significant changes in the Work or variations from
maintaining
and
super'vising
safety
precautions
and
pro-
grams in connection with the Work. CONTR,~CTOR shall the Contract Documents have been caused thereby. IfENGI-
take all necessary precautions for th-, safety o1', and shall NEER determines that a change in the Contract Docume::.:s
provide the necessary protection to prevent damage, injury is required because of the action taken in response to an
or loss to: ' emergency, a Work Directive Change ar Change Oder will
be issued to document the consequences of the changes or
6.20.1. all employees on tbe'Wark and other persons variations.
and organizations who may be afl, et:ed thereby;
6.20.2. all the Work and materials and equipment to Shop Drawings and$~nlolts:
be incori'~rated therein, whether in storage on or oH' the 6.23. After checking and verifying all field measurements
site; and
and after complying with appiicable procedures spe:i~ed in
the General Requirements, CONTRACTOR shall submit to
6.20.3. other property at the site or adjacent thereto, tZNGINE~R for review and approval in accordance with the
including trees, shrubs, lawns, walks, pavements, road- accepted schedule of. Shop Drawing submissions (see para-
ways. structures, utilities and Linde.--ground Facilities not
graph 2.9), or for other appropriate action it' so indicated in
designated for removal, relocation or replacement in the the Supplementary Conditions, five copies (unless otherwise
course of constru'ction, specified in the Gene,'-al Requirements) of all Shop Drawings.
which will beat a stamp or specific written indication :hat
CONTRACTOR shall comply with all applicable Laws and CONTRACTOR has satisfied CONTR,a. CTOR's responsi-
Regulations of. any public body having jurisdiction for the bilities under the Contract Documents with respect to the
safety of persons or property or to protect them from damage,
review of the submission. Ail submissions w~ be ic~:nti~ed
injury or loss; and shall erect and maintain all necessary as I~NGINt!I:R may require. The data shown on the Shop
safe~ards for such safety and protection. CONTRACTOR Drawings will be complete with respect to quantities, dimen-
shall notify owners of adjacent propers' and of Underground sions, specified pe,"fonnance and design criteria, materials
Facilities and utility owners when prosecution of the Work and similar data to enable ENGINEtiR to review the ira'or-
may affect them. and shall cooperate with them in the pro- marion as required.
te:tion, removal, relocation and replacement of their prop-
erty. All damage, injury or loss to any property referred to 6.24. coNTR'a.~I'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 Subcontractor. no delay in Work, all sampies required by the Contract Doc-
Supplier or any other person o.r organization directly or indi- uments. All samples will have ~en checked by and ac:om-
rectly employed by any of them to pe~orm or furnish any of partied by a specific written indication that CONTRACTOR
the Work oranyone for whose acts any of them may be liable, has satisfied CONTRACTOR's responsibilities under
shall be remedied by CONTiC~CTOR (except damage or loss Contract Documents with respect to the r~view of the sub-
att,sbutable to the fault of Drawings or Specifications or to mission and will be identified c!early as to mate. iai. Supplier.
the acts or omissions of OWNER or F, NGINti~R or anyone pertinent data such as catalog numbers and the use for which
employed by either of them or anyone for whose acts either - intended.
of them may be liable, and not attributable, directly or indi-
re:Hy, in whole or in part, to the fault or negligence of CON- 67_5.1. Before submission o£ each Shop Drawing or
TRACTOR}. CONTRACTOR's duties and responsibilities sample CONTRACTOR shall have dote ,rm, ined and veri-
for the safety and protection of the Work shall continue until fled all quantities, dimensions, speci/ied performance ce'i-
such time as all the Work is completed and ENGINEtiR has eerie, installation requirements, materials, catalog hum-
issued a notice to OWNER and CONTRACTOR in accord- be~ and similar data with respect thereto and reviewed
anco with paragraph 14.13 that the Work is acceptable (except or coordinated each Shop Drawing or sample with other
as otherwise expressly l~rovided in connection with Substan- Shop Drawings and samples and with the requirements of.
rial Completion). the Work and the Contract Documents.
6.21. CONTRACTOR shall designate a responsible rep- 6.~.2. At the time of each submission. CONTRAC-
resentative at thc site whose duty shall be the prevention of TOR shall give ENGINEER specific written notice ofeach
accidents. This person shall be CONTRACTOR's superin- variation that the Shop Drawings or samples may have
tendent unless otherwise designated in writing by CON- from the requirements of the Contract Documents. and,
TRACTOR to OWNER. in addition, shall cause a specific notation to be made on
each Shop Drawing submitted to ENGINEER for review provided that any such claim, damage, loss or expense ta~ is
and approval of each such variation, attributable to bodily injury, sickness, disease or death, or to .
injury to or destruction of tangible propc.~.y (other than the
6.26. ENGINEER will review axed approve with reason- Work itself} including the loss ofuse resulting therefrom and
Drawings and but ENGI- Cb) is caused in ,*'hole in by negligent act or
able
promptness
Shop
samples,
or
part
an)'
NEER's review and approval will be only for conformance omission of CONTI:LACTOR. an)' Subcontractor. any person
with the design concept of the Proje¢! and for compliance or OtT, anization dire:ely or indirectly employed by an)' of:hem
with thc information given in the Contract Documents and to perform or furnish any of thc Work or anyone for whose
shall not extend !o means, methods, techniques, sequences acts any of them ma.,,' bc liable, regardless of who:her or not
or procedures of construction (except where a specific means, it is caused in part by a part)' indemnified hereunder or a:'is:s
method, technique, sequence or procedure of construction is by or is imposed by Law and Regulations regardless of the
indicated in or required by the Contract. Documents) or to negligence of any such party.
sa/'ety precautions or progr.-.-.-.-.-.-.-.-.~ms incident thereto. The review
and approval of a separate item as such will not indicate 6.31. In any and all c!aims against OWNER or ENGI-
aFproval of thc assembly in which the item functions. CON- NEER or any of their consultants, agents or employees
TRACTOR shall make corrections resulted by ENGINEER. any employee of CONTRACTOR. any Subcontractor. any
and shall return the required number of corrected copies of person or organization directly or indirectly empioyed by any
Shop Drawings and submit as required new setup!es for review of them to perform or furnish any of the Work or anyone for
and approval. CONTRACTOR shall direct specific attention '*'hose acts any of them may be liable, the indemnification
in writing to revisions other than thc corrections called for obligation under paragraph 6.30 shall not be limited in any
by ENGINEER on previous submit.als. '*'ay by any limitation on the amount or type of ~a~ages,
compensation or benefits payable by or for CONTRACTOR
6.27. ENGINEER's review and approval of Shop Draw- or any such Subcontractor or other person or orE. ani.:.ation
ings or samples shall not relieve CONTRACTOR from und--rworkers' or workmcn's compensation acts. disability
responsibility for any variation from th-- requirem--nts of the benefit acts or other employee benefit aces.
Contract Documents unless CONTRACTOR has in writing
cz.lled ENGINEER's attention to each such variation at thc 6.32. Thc obligations of CONTRACTOR under p:."a.
time of submission as required by paragraph 6.~.2 and graph 6.30 shall not extend to thc liability of ENGINEER,
ENGINEER has given writt--n approval of each su:h varia- ENGINEER's consultants, agents or empioyees arising out
lion by a specific written notation thereof incorporated in or of the preparation or approval of maps, drawings, opinions,
ac:ompanying the Shop Drawing or sample approval: nor reports, surveys, Change Orders,' designs or specifications.
will any approval by ENGINEF_R. rill--vt CONTRACTOR
from responsibility for errors or omissions in the Shop Draw- "-.
in~s or from responsibility for having complied with thc pro-
- ARTICLE 7--OTI-!ER WORK
visions of paragraph 6.~. 1.
625. Whcre a Shop Drawin~'or sample is required by the ~ ttated Work at $ize:
S~e:ifications, any re.Sated Work performed prior to ENGI- 7.1. OW'NER may perform oth--r work retated to the Proj-
NEER's reviewand approval ortho pertinent submission will ecl al the silt by OWNER's own forces, have other work
be the sole expense and responsibility of CONTRACTOR.
performed by utility owners or let other direct contra:es therefor
which shall contain General Conditions similar to these. If
Continuin~ the Work: th', fact that such other work is to be performed was not noted
in the Contract Documents, written notice thereof will be
6.29. CONTRACTOR shall carry on the Work and adhere given to CONTRACTOR prior to starting any such other
to r.~.e progress schedule during all disputes or disagreements work: and, if CONTRACTOR believes that such peffor-
with OWNER. No Work shall be delayed orpostponed pond- manet will involve additional expense to CONTRACTOR or
lng resolution of any disputes or disagreements, except a.s requires additional time and thc parties are unable to agree
pe,,"mitted by paragraph 15.5 or as CONTRACTOR and
as to the extent thereof. CONTRACTOR may make a claim
OWNER may otherwise agree in writing, therefor as provided in Articles I 1 and 12.
7.2. CONTRACTOR shall afford each utility owner and
lademnific,"ion: other contractor who is a party to such a direct contract (or
6.~0. To the ful;est extent permitted by Laws and Rtgu- OWNiiR, ifOW'NER is performing the additional work with
lotions CONTRACTOR shall indemnify and hold harmless OWNER's emp/oyees) proper and safe access to the site and
OWNER and ENGINEER and their consultants, agents and a reasonable opportunity for the introduction and storage of
employees from and against ail claims, damages, losses and materials and equipment and the execution of such work, and
expenses, direct, indirect or consequential (including but not shall properly connect and coordinate thc Work with ~heirs.
limited ~o fees and charges of engineers, architects, attorneys CONTRACTOR shall do all cutting, fitting and pa~ching of
and other professionals and court and arbitration costs} aris- thc Work that may be required to make its several pans come
ing out of or resulting from the pen'ormance of thc Work, together properly and integrate with such other work. CON-
18
TIL.~CTOR shall not endanger any work orothers by cutting, cures which have been uzJli::~ ~l" £.NC3LN.EER in
-1 cxca'.'atinl; or otherwise ak:ring their ~.'ork and will only cut thc Drawings and S~e:ificati,~r.s.
"" or altcr thcir work with the written consent or ENGINEER
and the others whose work ,*'ill be affected. Th: duties an:l 8.$. OWNER's r:sponsi~i2:ies in resr.::t of
'-I responsibilities of CONTRACTOR under this paragraph are and maintaining liability and 7:tr.-ny insu,"an:e ar: se:
I ~ for the bene~t of such utility owners and other ccnt,'~ctors in paragraphs 5.5 ~ro::gh 5.8.
to thc extent that there are comparable provisio.'.s for the
benefit of CONTRACTOR in said dire:: contracts between 8.6. OWNER is obligated :o execute Ci'.ange Ot-~:n as
~ OWNER and such utility owners and ot~er contractors, indicated in paragrap~ 10.4.
7..3. Ir any part of CONTRACTOR's Work de.tends for 8.7. OWNER's r:sponsi~ility in risc::: of ::.-:al.-.
! ~ pro,er exe:::tion or results upon the work of any such other inspections, tests and a:prov---"s is set £or:~ mpa. rag.~.:~. '
contractor or utility owner (or OWNER}. CONTRACTOR
shall inspect and promptly report to ENGINEER in writing 8.8. In connection with O~,x,.'N'ER's fig.h: to stor Work or
-~ any delays, detects or de~:.iencies in such work that render suspend Work. se: pa:'ag.-aphs 1.3.10 and 1.5.1. ?aragr-'-r~ 15.2
i~ it unavailaNe or unsuitable for such proper exe:'.:'tion and deals with OWNER's right to te.."m, inat: sca'ices of C. ON-
~ results. CONTRACTOR's failure so to report ,*'ill constitute TRACTOR under :::'tain circ::..-.s:an:es.
an acceptance or' the other work as fit an~ proper for int.-gra-
i"- tion w~th CONTR.A. CTOR's Work except for teton: or non-
apparent def:::s and defl:iencies in the other work. ARTICLE 9.--ENGINEER'S STATUS DURING
CONSTRUCTION
Coordlna.~on:
** 7.4. If OWNER contracts with other~ for t,ge pert'or- Owner'z Reprexenm~e:
manta o~ oth:r work on th~ ~oject at the site. th~ person or 9.1. ~NGINE~R will be O~'~R's ~Tres~ntative dur-
organi~tion who will have autho~y and responsibility for lng th~ const~ction period: ~: duties an~ responsibilkies
coordination of the ac:iviti:s among ~: v~ous pNm~ con- ~d th: limitations of authority of ENGINEER as OWNER's
tn:tots will be i~entified in the Suppltmenta~ Conditions. representative during constra::ion ~e s~: fo=h in th: Con-
and the specie: matte~ to be covered by such authoNty and tract Documents and sha~ no: be extended without
respons/biiky will be i~emized, and the :xten~ ofsu:h author- consent of O~ER and ENGINEER.
i~y and responsibiikies will be provided, in ~e Supplemen~a~
Conditions. Unless othc~sc provided in thc Sugp!emcnm~'
Conditions. nakher OWNE~ nor ENGINEER ah~l ~ave any Vhiu to
9.2.
au:~o~ty or r:s~onsibHity ~ reap~:z of such caorglnation. ENGINEER will make visits to the site at
** 7.5 ~~ No:~ appropNa~e to the v:~ous nag:s of cons:~oction to
' the pro~'~ss and quality of t~: :xe:ute~ Work and to deter-
mine. in gene~. ~ ~= Work is proceeding in ac:or,ant:
ARTICLZ ~WN ER'S RESPONSIBILITIES ~th ~: Contract Documents. ZNGINEER w~ not be
to m~: e~austive or gon~nucu~ on-skc ~s~c:ions to check
8.1. O~'~R shall issue ~1 communications to CON- the quality or quantity of t~: Work. ENGINEER's
T~OR t~rough ENGiNEZR. will b~ dL~:ted tow~ p~vidi=g for O%~'ER a ~attr
of conHdance that ~c com~::ad Work will confo~ to the
8.2. In ca~: of te~ina~ion of the empioymen~ or ENGI- Con~cz Document. On the ~asis of such visits and on-site
NEER. OWNER shall apToint an ~n~nt:r against whom obsen'ations as an ~xpeN:n::g and qu~iHed design ~rofes-
CONTRA~OR makes'no reasonable objection, whose sea- signal. ~NGINEER will ke:p OWNER info~ed oFt~: proc-
ms und:r :he Con,ct D~aments sh~l be that of :ha fo~er cass of :~: Work and will endeavor to guard OWNER asainst
ENGINEER. Any dispute in connection with such appoint- defects and deHci:nci:s in th: Work.
m=n~ sh~l bt subject to ~itmtion. ' '
8.3. OW.'NER shall rur?-..'sh the data required or' OWNER Project Re£re, enga£on:
und:rtheCor.:.-'-ctDocum:ntsprompflyandsha/Imakepay- **9.3. Ir OWNER and ENGINEER agree. ENGINEER
merits to CONTRACTOR promt:tly o':er they ate due as ,*'ill furnish a R:sid:nt l:¥~i::! Representative to assist
provided in ~--agmphs 14.4 and 14.13. ENGINEER in observing :he ?.::'f, ormance of the Work. The
duties, responsibilities and limitations of authority oi' any
8.4. O~,~,.'NER's duties in respect of providing lands and such Resident Project Reprt~e.".mtive. ar.d assistants will be
easements and providing engineering surveys to establish as provided in the Supplem:.-.:ary Conditions. If OWNER
re.eerenc: points are set forlh in paragraphs 4.1 and 4.4. Para- designates another agent to represent O¥,,'NER at the site
graph 4.2 re.rets to OWNER's identifying and making avail- who is not ENGINEER's ag:ne or employee, the duties.
able :o CONTRACTOR copies o£repons Gl'explorations and responsibilities and [imitations of authority of such other
tests of subsu.':'a:e conditions at the site and in existing struc- person will be as provided in ~h.- Supplementary Conditions.
9.4. ENGINEER will issue with reasonaNe promptness, such a
such written cla,'ER:ations or inzc~rt~fions or th~ require-
mcnts of thc Contact ~cumcnts (in ~t fo~ of D~win~s Dccb~ an Dbp~z:
s~] ~ consistent ~ or ~o~bly ~nre~ble f~m ~: ~.1~. ENGINEER w~l ~ ~e initi~ in::~t:r e~ the
.
ove~ inzent of~t Con,ct ~cumenzs. IfCO~~OR requirements of the Con~:: ~cum:~:s ~d jud:: o~ the
~lievcs th~ a ~en cl~fi~ion or intoXication justifies acccp~ility of ~: Work ~:re~nder. C~a~s, disputes an~
an inc~se in ~= ~nt~:~ ~c= or an extension of t~: other matte~ relating ~o.t~: ~:::;~bili;y et:h= Work or
Contact Tim: and the p~]es a~ unable to a~ee to th~ inte~re~tion of the requi~=an:s ortho Ccr.:~::
~oun[ or ex:tnt thereof, CON~OR may make a claim perishing to the r--~o .... an ......~mts ..... ~ ~, ~.c % ~.~ a.,~
th:r~for m prodded in .Ln/:Ie 11 or A~/:Ie 12. claims under Ani:~:s I I a~fl I: in rest:e: e~ changes i~
Contra:: ~:e or Contract T~: will ~ r:~:~ed in,tea:iv :o
e~'GIN'~ER in ~ting with a r:quest for a fo~ ~::ision
Au~of~ed ~'~o~ ~ H~r~' .c:ord~ce with this p~ph, which ~NGINEER
9.5. ENGINEER may authorize minor va~azions in th: de ~ ~ting within a reasanaNe 6mc. g'Ntt:n ne:ice
Work ~m uti: =qu~m:nts of the Conu~:t ~m:nts which c~:h such claim, dispute and oth:r mat:er will be d:ii~
do not involv~ an adjustment in the Contract ~:= or th: by the cl~mant to ENGINEER mud th: o:h:r pony to the
Con~:t Tim: and ~e consistent with th~ ovem!l intent or Agr~:m:nt promptly ~ut in no event la:er :~an thirty days)
Mter th: ocgu~tn:: of th: :¥=nt giving ~s: thee:ce, and
the Con~mc~ Documents. These may be ac:omplishdd by a
written supporting data will ~: su~mitt:~ to ENGINEER and
'Field Order and wi~ bt binding on OWNER. ~nd ~so on
CeNTer,OR who ,h~l proem thc Work involve~ ~hco:h=rp~ywithinsix~ygays~:rsu:ho::u=en::unless
promptly. ~ CO~~OR believes tha~ a Field Order ENGINEER ~lows ~ a~i~ion~ pen~ or:ira: to
justices an increase in th: Contmc~ ~:: or an cx~:nsion or more accurate dam in supp:~ of the :i~m.
the Contract Tim~ and tkt p~ies ~: unable to age:: as ~o
9.11. ~:n fun::ionin~ ~ inte~re::r and judge under
th: amount or extent thereof, CONT~OR may make a
claim thee:for as provid:~ in A~cI: 11 or Il. paragraphs 9.10 and 9. I I. ENGINEER ~'ill not show p~-
tiality to O~ER or CONT~OR and will not b: llano
in connection with any intake:cation or d::!sion rcn~:r:d
Rejec.~ng Def~ve Work. ~ ~ood f~th in such capacity. ~ rendefi=g or a decision by
~NGINEER pumuant to gam~ghs 9.10m~g 9.11 M[h
9.6. ENG~EER wflI have authodW to disapprov~ or
rej:ct Work which ENGLNEER believes to be defective, and to any such cl~m, dispute or ot~:r mat:or (axe:pt any which
will also have authohty to require spe:ialinape::ion or t~ting have bean w~vad by the making or ac::~:anee of ting pay-
m=nt as provided in pa~ph 14.16) ~511 b= a condition
of the Work as provided in pm~ph 13.9. what, tr. or not
the Work is fa~fi~ttd, installed or compiet~d, precedent to any ~:rci,= by O~ER or CONT~OR
of such fights or rom=dies as ti:hoe may ot~a~ise hay: under
the Contact Documents or by ~ws or Rep:lotions in
Shop Dra~'ingt, Change Ordt~ a~ P~'mentt: of any such claim, dispute or ocher mat{=r.
9.7 In connection with ENGINEER's responsibility for
Shop Drawings and sampl=s, set pmgmphs 6.~ through
6.28 inclusDe. Lim~o~ on E.%~INEER' t Re~ponzib~Et~:
9.13. Neither ENGINEeR's autho~ty to act under this
9.8. In corm:trion ~'ith ENGINEER's rtsponsibilities as Anic!t 9 or elsewh:rt in t~: Conta:I Documents nor any
to Change Or~:=, set .~i:!=s I0, I I and Il. decision made by ENGINEER in goo~ fait~ tither to exercise
or not ex:~ise such authog:y s~all gb': Es: to any ~u~y or
9.9. In :onn::~ion with ENGINEER's responsibilities in responsibility of ENGINEE~ to CONTRA~OR. any Sub-
respect of Applications for Payment, etc., sea Article 14. cent=tier, any Suppiier, or any other ~=rson or organi=tion
pa~oming any of the Work, or to any surety for any of them.
Dete~i~iongfor Un~ P~tt: 9.14. ~enever in th:C~nt~ct Documents the t=~a
** 9.10. ENGINEER will determin: the actu~ quantities' order:d". "as dir::ztd", "as required". "as allowed", "as
and classifications of Unit Phca Work pegomed by CON- approved" or t~ms of lik~ ~ff=:~ or imron are used, or the
T~OR. ENGINEE~ will review with CONT~OR adjectives "reasonable", "suitable", "a:::?:able", "proper"
ENGINEER's pre!imina~ deteminations on such matters or "satisfactory" or edict:ives or like effect or import are
borer= reng:~ng a wfin:n decision thee:on (by re:emro:n- used ~o descNb~ a requir:m:xL direction, review
darien oran Application for Payment or othe~ise). ENGI- of ENGINEER as to th: %'ork. it is in~ended that such
NEER's walt:eh decisions ~hereon will be final and binding requirement, dirt::ion, r:vi=w orjudgm:nt will be solely to
upon OWNER and CONT~OR, unless, within ten days evaluate the Work roe corn;lion:= with the Cont~ct Docu-
g~r the date of any such decision, ei~har OWNER or CON- merits (unless there is a s?::ific statem:nt indicating other-
a;--,' shall not be
T~OR al:livers to th~ other pony to the Agre:ment and wise). Th~ use of any such term or
20
"~ elTective to assign to ENGINEER any duty or authority to 10.4.3. changes in the Cont,'~ct ?rice orContr2ct Time
.-- supe~ise or direct ~he rumishin~ or pe~o~ance or,he ~ork which embody ~he substance of ~ny w~zen decision fen-
or ~ny du~y or ~u~ho~ty to unden~e res~nsibili~y con~m~ dered by ENGINEER pu~uzn~ ~o p~ph 9.11;
~o ~he provisions of p~g~ph 9.15 or 9.16. provided ~a~, in lieu or execu~n~ ~ny such Ch~n;e O~er,
~n ap~ may ~kcn from an~' such decision ~n ac:or, ante
be
~ 9.15. ENGINEER will not be ~s~nsible for CON- with~ep~visionsoftheCont~::Documents~nd~ppl~:~b~e
T~OR's means, methods, techniques, sequences or pr~ ~ws and Reguta~ions, but duHn~ any such appel. CO~-
~ cedures of const~ction, or ~e s~ety precautions and pro- T~OR sh~! c~ on the ~'ork and adhere to t~: prog-
j~ ~ams incident ~ereto, and ENGINEER will not be respon- tess schedule as provided in pa~ph 6.2~.
sible for CON~OR's f~lure to pe~o~ or furnish the
Work in acco~ance with the Con.ct D~uments.
-~ 10.5. If no,ce of any chan~: :~ecting ~e ~ene~ sc=pc
or the Work or the provisions or ~e Con~:t D~u~encs
-- 9.16. ENGINEER will not be responsible fgr ~e acts or (including. but not limited to. Core.ct ~:: or Contact
omissions of CONT~OR or of any Subcont~czor, any Time) is r~quired by ~e provisions of any Bond to ~ given
-~ Supplier, or of any other pe~on or organimtion pe~o~ing to a surety, ~e giving of any such notice wi~ be CONT~C-
J~ or ~mishing ~y of the Work.
~ TOR's ~nsib~ity, ~d ~e :~ount or.ch appEcabi: Bond
will be adjusted acco~in~y.
~CLE I~HANGES IN ~E WORK
AR~CLE I I~HANGE OF CON~ P~CE
I0. I. Wi~out ~v~da~g ~e A~tm~nt md ~ouz notic~
to any surety, O~ER may, at any ~e or from ~me to 11.1. ~e Con.ct ~ce constitutes ~e ~o~ co~pen-
~ time. o~er addi~ons, deletions, or revisions in ~e Work: sation (subject to au~o~d adjusting) pa?able to CON-
· ese will ~ authorized by a W~ten Amendment. a Change T~OR for peffo~ing the %'ork. All du~es. ~spons~bil-
Order, ora Wo~ Directive Ch~ge. Upon rec:ipt of~y such ities and obligations ~signed to or underpin by CON-
document, CO~~OR sh~l promp~y proceed ~th ~ T~OR sh~l be at his exp~nse withou~ change in the
---Work involved which will be ~o~ed under ~e appii~ble Contract ~c~.
conditions of ~e Contract Docum~n~ (except M o~ise
speciRc~ly provided). I 1.2. ~e Con~t ~ce may o~y be chm~ by a ~ange
O~er or by a W~en Amendment. Any cI~m for an increase
or decre~e in the Contract P~ct sh~l be b~ed on ~ten
I0.2. ~O~R ~d CO~~OR ~ unable to ~ notice d~ljvered by ~e p~y m~ing the ct~ to the other'
as to the extent, if any, of an incre~e or decrease in the
_Contact ~ce or an extension or shortening of the Con.ct party and to ENGINEER promptly (but in no event later than
Time that should b~ ~lowed ~ a resul~ ora Work Di~c~ve ~iny days) ~ter ~e oc:u~enc: of the event ~ving Hse to
· e claim ~d stating the gene~ nature of the cl~m. Not,ce
Change, a cl~m may be made therefor as provided in ~icle
11 or.~icle 12. of ~e amount of ~e ci~m wi~ supporting data sh~I be
delivered within sixty days ~zer such oc:~tnc: (uniess
ENGINEER ~ows an addition~ ~ of ~me to ~c:~n
10.3. CON~OR sh~ not be entitled to an increase
mo~e accurate da~ in support of ~e cl~m) and sh~ be
in the Contact ~ce or ~ extension ar ~e Core.ct Time accompanied by claimant's wdttt~ statement ~a[ the amount
~with respe:~ to any Work ~o~ed that is not required by claimed cove~ ~I known amounts (direct, indL~:t ~d con-
:he Cont~c~ Documents as ~ended, modiHed and supple- sequenti~) to which the :tai~nt is entitled as a ~suit o~e
men~e~ as provided in p~phs 3.4 and 3.5, except in the ~cu~enc: of s~d event. All claims for adjus~ent in the
~ase of an emergency as p~vided in p~ph 6.~ and Cont~cz~c~ sh~I be dete~n:~ by ENGINEER in ac:or-
except in the ~e of uncove~g Work ~ provided in p~- danc~ wkh p~ph 9.11 · O%~ER and CONT~OR
~ph 13.g.
cannot othe~se agree on ~e ~ount involved. No cl~im
for ~ adjus~ent in the Contact ~c~ wi~ ~ v~jd ~ not
10.4. OWNER md CO~K~OR sh~! execute appr~ submitted in acco~c~ with ~is p~ph 11.2.
?Hate Change Orders (or WHiten Amendments) covering:
11.3. ~e v~ue of any Work covered by a Ch~ge Or~:r
10.4.1. changes in ~e Work which ~e ordered by or of ~y cl~m for ~ increase or decre~e ~ ~e Contact
OWNER pu~uant to p~ph 10.1, ~e required because ~:e sh~ ~ dete~ned in one of the follo~ ways:
ofacc~ptanc~ o[~t~eczi~'e Work under p~g~ph 13.13 or .. · .:. ,.
co~t~Jng ~e/ec:ive Work under p~ph 13.14, or ~e 11.3.1. Where ~e Work involved is covered by unit
a~e:d to by the p~ies: prices con.ned in ~e Con.ct ~um¢ms, by applica-
tion or unit pHces to the quantities of the i[ems involved
I0.4.2. changes in the Contact ~ce or Con[~c~ Time (subject to the provisions of p~g~phs 1 l.g.l, through
which are agreed ~o by the panics: and 11.~.3, inclusive).
2I
I l..L2. By mutual acceptance of a lump sum (which to the other provisions of the Contract Documents ,nsofa.r
may include an allowance for overhead and profit not as appliczble.
ncc~s~ly in acco~anc~ ~th ~ph I ~.6.2.1).
] 1.4.4. Costs of s~ci~ consultants (includin~ but nat
] ].3.~. On thc ~ o~ ~ ~st of ~hc Wo~ {deter- limited to cnginc:~, architects, tcstJn~ labo~m~cs, s~-
mlncd ~s provided in ~phs ] ].4 and ] Z~) plus a veyo~, atto~c)'s and ac~unzants) employed for st~iccs
CO~~OR's ~cc for ovc~d and profit (deter- s~ciRc~]y r~atcd to thc Wo~.
mined as provided in p~phs ] ~.6 and ] ]
] ].4.5. Suppl:mcn~ cos~s including thc ~ollowmg:
]].4.~.]. 'T~c pro~nion of n~:tssao' t~nspo~a.
Cas~ e/~ ~' . lion, t~.vc] and subsistence c~ns:s of CO~'T~C-
] ].4. ~c tc~ Cost of thc' Wor~ means thc sum of ~ TOWs employees in:u~d in disc~a~c of du~:s :on-
costs nccts~iy incu~d and p~d by CONT~OR in netted wi~lhc Work.
thc proper ~ffo~ncc of the Work. Except ~ o~hc~ise
may be a~ccd to in w~ting by O~ER. such costs sh~l ~ l 1.4.5.2. Cost. including ~nsponation ~nd main-
in ~oums no higher than those pr:vailin$ in thc locality of
tenancy, of~l matcd~s, suppii:s, tquipmcnt, machin-
~hc Project. sh~l includ~ only the following items and shall c~, appli~cts, o~:c and tempo~O' facfiiti:s at the
not include ~y of thc costs ite~z:d in p~ph 11.5: site and h~d tools no~ owned by th: work:rs, which
~c consumed in thc penn,anco of thc Work. znd cost
1 {.4.1. ~11 costs for cmploye~s ~ ~c d~ct employ less m~kct v~ue of such items used but not :onsum:d
of CO~~OR in ~c pcffo~ancc of ~c Work und:r which roman th~ prop:ny oF CONT~OR.
sob:alu!cs of]ob classifications agreed upon by OWNER
~d CO~~OR. ~yro~ costs for employees not 11,4.5,3.. Rent,s of~Icoisstmc:ion cquipm:nt and
employed fuU time on thc Work sh~ bc ap~nion~d on machinc~ and thc p~s thereof wh~thcr r~n:td
~h~ basis of their time spcm on ~e Work. Payroll costs CONT~OR or others in accordanc~ with
shall include, but not bc limit~ to, sala~cs and wag:s agreements approved by OWNER with the advice
plus thc cost of f~nge benefits which shall include so~ ~NGIN~R, and the costs of transportation, loading.
secu~y conz~buzions, unemployment, excise and pa)'roU unloading.' installation, dismantling and r:movai
taxes, worhcm' or workmcn's compensadon, he,th and thcreof--~l in accordance with tc~s of s~d rcn:~
rctircm:nt benefits, ~nuscs, sick leave, vacation and hal- a~ccmcnts. ~n~ rcnz~ of any such cq~ipm:nt, machin-
iday pay appiicable thcrc~o. Such employees sh~l includ~ c~ or p~s sh~l cease when thc usc thereof is no longer
supc~ntcndcnts and foremen at thc sim. ~c expenses of nccess~ for :he Work.
-:~o~ing Wo~ ~t~ rcgut~ working hou~, on Sat~--
.~y. Sun~ay or Ic~ holidays, sh~l be included in ~e 11.4.5.4. Sales. consumer, usc or simil~ taxes
above to thc extent au~ho~zcd by 0~ related to thc Work. and for which CONT~OR is
liable, imposed by ~ws and Regulations.
11.4.2. Cost of ~ matc~s and equipment furnished
and incarnated Jn thc Work, ~ncluding costs of ~ns- 11.4.5.5. Deposits Iasc for ~uses o~hcr than
ponation and stooge thereof, and SuppIic~' Rc!d sc~iccs gcnce of CONT~OR, any 5ub:ont~ctor' or any-
required ~n connection therewith..~1 ~sh discounts sh~ one directly or indirectly employed by any of them or
acc~c ~o CONT~OR unless OWNER deposits funds for whose acts any of them may be liable, and royalty
with CONT~OR with which to make payments, in payments and fees for pc~ts and Hccnscs.
which ~se the ~sh discounts sh~I acc~e to OWNER.
All ~dc discounts, rebates ~d refunds and all reruns 11.4.5.6. Losses and damages (and
from s~c of su~lus ~te~s ~d equipment shall accr:~ expenses), no~ compensated by insu~nct or o:hc~ise,
to OWNER, and CON~A~OR shall make provisions to thc Work or othc~ise sustained by CONT~OR
so :ha~ they may bc obt~ncd, in connection with the p~o~ancc and fu~ishing
the Work (exccp~ Ioss~s and damages within the
11.4.3. Payments made by CONTRA~OR to t~c deductible ~ounts of property insurance ~ablishcd
Subcont~czors for Work penn,cd by Subcont~cto~. by OWNER in accordance with p~g~ph 5.~). pr~
~ requir:d by OWNER, CON~OR shall obtain vialed ch~y have resuhcd from causes o~hcr than thc
competitive bids from Subcont~c:ors acceptable to CON- negligence of CON~OR. any 5ubcont~:tor. or
T~OR and sh~I deliver such bids to O~R who anyone directly or indirectly employed by any of them
wiO ch:n d:~c~ine, with thc adv~:c o/ENGINEER, wh{ch or for whose acts any of them may be liable. Such
bids wiU be accepted. I~a subcont~c~ provides that thc losses shall include settlements made with thc written
Subcont~ctor is to be paid on thc basis of Cost of the consent and approv~ of OWNER. No such losses.
Work Plus a Fcc. the Subcont~c:or's Cos~ of thc Work damages and expenses shall be included in thc Cost of
shall bc dctc~incd in the same manner as CONTAC- the Work for ~he pu~ose of detc~ning CONTRAC-
TOR's Cost of the Work. All subcontracts shall be subjcc~ TOR's Fcc. If, however, any such loss or
j,._ requires reconstruction and CONTRACTOR is placed ¢O,%?tt4CI'OR's ~'ee: ,
in.charge thereof. CONTRACTOR shall be paid for 11.6. The CONTRACTOR's Fcc allot'ed to CONTR.-~C-
services a t'ec proportionate to that stated in paragraph TOR Dr overhead and profit shall be dcte.,"min=~ as follows:
-~ ! !.6.2.
11.6.1. a mutually acceptable fixed fee; or if none can
11.4.5.7. The cost of utilities, fuel and sanitary
facilities at the site. be agreed upon,
'"' II.4.5.8. Minor expenses Such as telegrams, long ii.6.2, a fee based on the following percentages of thc
distance telephone calls, telephone service at the site, various portions of the Cost of the Work:
-~ expressage and similar petty cash hems in connection 11.6.2.1. for costs incurred under p~?:.s I 1.4. I
-- with thc Work. and l 1.4.2, the CONTRACTOR's Fee shall be ~,£teen
11.4.5.9. Cost of premiums for additional Bonds percent;
-~ and insurance required because of changes in the Work
i'"' and premiums for property insurance coverage within I 1.6.2.2. for costs in:urr, ed under p.~."ag,'-a.:h I I.-~.3.
I
the limits of the deductible amounts established by the CONTRACTOR's Fee shall be five per:tn:: and if
OWNER in accordance' with paragraph 5.9. a subcontract is on the basis of Cost of the Wcrk
'-' a Fee, the maximum allowable to CON~i'RACTOR on
11.5. The term Cost of the Work shall not include any of account of overhead and prol~t of ail Subcont,'~ctors
the following: shall be ~teen percent;
{ I 1.5. I. Payroll costs and other compensation of CON- I 1.6.2.3. no fee shall be'payable on the basis of
' TRACTOR's officer~, executives, principals (of partner- costs itemized under pad,phs 11.4.4, 11.4.5 and II.5;
ship and sole proprietorships), general managers,, engi-
-~ ~ ' neers, architects, estimators, attorneys, auditors, accoun-
i 11.6.2.4. the amount of credit to be allowed by
rants, purchasing and contracting agents, expeditors, CONTRACTOR to OIA~ER for any such cha.,:._:: which
J timekee~rs, clerks and other personnel employed by results in a net decrease in cost will be the a.,-.~'.'w, of
-- CONTRACTOR whether.at the site or in CONTtL~.C- , the ac:ual net decrease plus a deduction in CO?-'T.-'.."-.C-
n TOR's principal or a branch office for general administra-
I TOR's Fee by an amount equal to ten per::.'.: ~£ :he
j tion of the Work and not specifically included in thc agreed net decrease; and
_ upon schedule of.fob classifications referred to in 'para-
graph 11.4.1 or specifically covered by paragraph 11.4.t--. I 1.6.2~. when both additions and credits are
i all of which are to be considered adminis[ra[ive costs involved in any one change, the adjustment in CON-
covered by thc CONTRACTOR's Fee. TRACTOR's Fee shall be computed on the basis of thc
net change in accordance with pa,-a_~'-aphs 11.6.2.1
: 1 I.$.2. Expenses of CONTR.i, CTOR's principal and
,i branch o~ces other than CONTRACTOR's office at thc thio,nth 11.6.2.4, inclusive.
./
~ site. 11.7. Whenever the cost of any Work is to be de:e.,':mined
~ I 1.5.3. Any pan of CONTIL~,CTOR's capital expenses, 'pursuant to para_graph 11.4 or I 1.5, CON i'TR. ACTOR will
. including interest on CONTRACTOR'S capital employed submit in form acceptable Io ENGINEER an itemi:td cost
"- for the Work and char~es against CONTILa. C'i'OR for breakdown roBe'.her with supporting data.
delinquent payments.
C~z~A ~owancc$:
_ 1 l.$.4. Cost of premiums for all Bonds and for all
insurance whether or not CONTiL~.CTOR is required by 11.8. It is understood that CON'I:R.~,CTOR has included
the Contract Oocument~ to pu~hase and maintain the ~ the Contract 1:~¢= all allowanc:s so named in th: Contract
~ same (except for the cost of premiums covered by sub- Documents and shall cause the Work so cove~d to ~e don=
paragraph 11.4.§.9 above), by such Subcontrac:o~ or Suppliers and fo~;sueh sums within
the lin,it of the allowances as may be acceptable to ENGI-
I1.$.$. Costs due to the negligence of CONTRAC- NEER. CONTRACTOR agrees that:
~ TOR, any Subcontractor, or anyone directly or indirectly
employed by any of them or for whose acts any of them 11.8.1. The allowances include the cost to CON-
may be liable, including but not limited to, the correction TRACTOR (less any applicable trade discounts) of mate-
~ of defective Work, disposal of materials or equipment rials and equipment required by the allowances to be deliv-
wrongly supplied and maiing good any damage to prop- ered at the site, and all applicable taxes; and
eny.
11.8.2. CONTRACTOR's costs for unloading and
~ 11.$.6. Other overhead or general expense costs of handling on the site, labor, installation costs, overhead,
any kind and the costs of any item not specifically and pro~t and other expenses contemplated for the allowances
expressly included in paragraph 1 i.4. have been included in the Contract Price i~nd not in
aJlowanc=s. No demand for addh;or~ payment on ac~unt Sh~[[ be det=~incd ~)' E~Gi~EER in accord=nc= ~-i:~
or=y thereof w~l be v~id. ~phg, ll
agree. No cl~m for ~n adjus:g=nt in th= Ccn~c~ Ti~=
~or to fin~ payment, ~ appropda:e C~ange Order will ~ be valid if not submi:t:d in a:c=rdance wi:~ ~e requir:=:~
issued ~ ~commcndcd by ENGINEER to ~::t actu~ o~this p~ph I2. I.
~ounts due CO~~OR on
O~
Work
~v:~d
by ~lowan::~, ~d the ~n~ct ~:t sh~l b~ co~spond- 12.2. ~e Con:~:: Tim: ~ b~ extt~:d in
ingly adjun~d, tqu~ to time lost d:: to dt!~ys b:yond t~: con:~ol c~
~ph 12.1. Such d:lays sh~ i~:lud:, b:: not ~ lig~::~
Ur~P~ce W~r~' acts ot ne~cct by O'~ER or o~c~ p:~o~ing a~:~:~
]13.1. %~ ~ Contact D~umcnts provide that work as contcmplat:~ by ~:It 7, or to 6::~, fi~a.
is ~ Uni: ~:c Work. initi~ly dispu:ts, tpidcmi:s, abno~ w~thcr ~adi:ions
or
p~
~c
Work
tO
thc Contract ~cc wi~ b~ dcamcd to include rot ~ Unit God.
~cc Work ~ ~ouRt cqu~ to th: sum or thc cs~bIishcd
unit p~a~s for each scp~tcly idtnd~ad item orOnit P~a: I~.3. ~1 ~mt li~i:s s~:t~ in th~ Coa:~:t Do::m:~ta
Work timt~ thc cstimattd quantity of cash item as indi- ~c of :he essence of t~: A~::~ant. ~: provisions c~ this
~tcd in thc A~c:m~nt. ~c cstima:td quantities of i~tms Ani:]: 12 sh~l not :x:lud: ra:ovco' for da~agas
of Unit ~:: Work ~: not gu~at::d and a~ solely for but no: limited to ftas and :ha~:s of c~a::~,
thc pu~osa of come.son of Bids and da:c~ining an a:tomays and oth:r prof:ssioa~s and ;Gun and
initial Contain ~ca. D:ta~inations of thc aa:u~ quan- costs} for delay by ti:h:: pan)'.
~itiai and classifications of Unit Pg:: Work p~ffo~cd by
CON~I~OR wi~ bt made br ENGINEER in accor-
dance with Pa~g~ph 9.10.
I i.9.2. Each uni~ ~N:c will bt da:mid to include an ARTICLE I~WA~tN~ .MND GUA~KN~E:
~ount consid~cd by CONTRA~OR to bc ad:auatc to TESTIS ~ND ~$PE~IONS;
cover CON~t~OR's overbid ~d proRt for each sc~ CO.RE. ON, REMOVAL OR
amtaly idtntificd item. ACC~OTANCE OF DE~E~IVE WORK
** 11.9.3. ~'here :he :~n:hvafa~v i:em ofL'ai: Pri~
._~ ....:= .... ~.. t .... '- ~i:i~:;~ :::n:i:y ef :~:h itt..,
..... ~ ......... ~ ........... 13.1. CONTRACTOR warrants and guaran:a:s to
:..'-' kao :~we:?:n~ing OWNER and ENGINEER that ~ Work will bt
:~j:::ms~: '"f:~ rests:: :: any g:herf:em :f ~':~!: and if' danc:wichthcCon:m:lDocum:ntsandwillnotbe~e~tc~ive.
.:..:yes the: ~NTR.L3TgR has ~om:t notict of ~1 dt~::s shall be Wan to CONT~iC-
k:u~e~ '~:'::~-' exren:e as: .a~-.. :h~re~ CON- TOR. All defecHve Work, who:her or not in plat:.
' -,-' far :~ ?~:re:~ ir. iht Con- rcje:::d, co~ecltd .... ~ '~-~ '
~.'.~:2 ...ay ..aa:: ...,,,
ora...pt., as prov~., m this Aaki:
*~.9.4 No ~ate Pay it~w~ Accextta War~'
13.2. ENGINEER and ENGINEER's
.~KTICLE I:~HANGE OF CON'T~t~ ~ME oth:r rtpres~mativas of OWNER. testing agtnci~s and gov.
cmm:n~ agencies ~thju~s~i::ion~ int:r:sts will haw acc:ss
to ~: Work at r~sonabi: :im:s for their obs:~ation, ins~a::ing
12.1; Tn~ Con.ct Tu~: may only ~: :h~cd by a ~ang: and t:sdn$. CONT~OR shall provide prop:r and seca
Ord:r or a W~ttan Amendment. Any claim for an extension condkions for such
~ shontning or,he Con~cl ~m~ sh~] b~ based on
not/c: dciivcc:d by thc pony makin$ th: claim to the other
g~n)' and to ENGINEER promptly ~ut in no ~vcnt later than rts~ :n~InspecHa~:
thirty days) a~ar th~ o::ux~nc~ of th: tv~nt giving ~s~ to I3.3. CONT~t~ORshalI~v~ ENGiNEERtim:!ynotic~
th: claim and s:a~ing th: fca:roi naturt of thc claim. Notic: ofr:s~in~ss of th: Work for all r:quir:d ?nsr:cdons. t:sts or
th~ ~xtant of th~ ctaim with supporting data shall be d~!iv- approves.
~r:d within sixty days ~tar such occur:nco (uni:ss ENGI-
NEER allows an additional pe~od of time to asc:~ain more ** 13.4. If Law: :: ?.:g:k:?:n: aC aa~ ....~_..,:~': b-~. '-.
ac:u~te data in support of thc claim) and shall bc accom- ~u ........ n ::~u~ aa" _... ~sr pas,,,e." 'ec,~a ~o .~-'::~i:allv.
pani:d by th~ ~aimanl's w~l~n s:at:mant tha~ thc adjusl- be ~a:~::~d, :~:~ :: ::Fr:,.~d CDNTRA~
mcat claimed is thc cntir: adjustm:nt to which ~hc ciaiman~ tssum~ F'cl~ :es~a:!b?l~:y :h~reF~r. pay ~ :~:s in
hasraasoniobciicvcitiscntitlcd as ar:suk ortho oc:u~cncc tkcr:"-:'~ a,~ ~'--:'~ :N~I}:v=R :~ ..... :--~ ....
said cvcm. Ail claims for adjustm:nt in thc Contract Time. aCl::::::?~n. :-c:-~ :r ,~ :..:1. ~"-' · c~n~ ....
** ~ndicate$ paragraph a~tere~ or ~e~ete~ ~y Jup~,~.,~, .... v
bc rcsg~nsiblc for and shall pay all coszs in conncction with thereof. CONTRACTOR ma)' mak~ a claim ~hcrcFor as pr~
an~ ins~ction or Jesting required in connection with OW~- vidcd i~ Articles 11 and
~R's or ~G~R's acceptance of · Supplier e~ matc~s
or equipment proposed to ~ inco~tcd in thc Work. or of OwnerMay ~to~ ~e Work:
mate~s or equipment submitted for approval p~or lo CON- 13.10. If thc Work is defective, or CONT~OR fails
T~OR's pu~hase the~offor inco~omtion in the Work. to supply su~cient skilled worke~ or sui~ble materials or
~e cos~ of gl inspections, tes~s and approvals in addition to
equipment, or fails to fu~ish or pe~o~ the Work in such a
the above which ~e ~quired by the Con.ct Documents that the Work will confo~ to the Con.c:
completed
shall be p~d by O~R (unless otha~ise speciRed). Documents. O~R may order CONT~OR to s~op
Work. or ~y potion the~oL until the cause for such
~equire~ b'.' ~ .... s ~ ~-2'"a.~ ofa~y p:~li: ~.ay h~..;.g ~e Work sh~ not ~ve rise to my duty on ~e p~ of O%~'ER
ju6~icti:n shall ~ ~ffa~d by ~niza:ion~ a::ep~a~ to exe~ise this right for ~e benefit of CONT~A~OR or
te OWNER and ~NT~OR (~: ~' EN~N:~ ir ~o any other pony.
Ca--etOn or gemev~ of Defec~ve Wo~:
~3.6. ~y Work (including the work o~ other} ~at is
to bc inspected, tested orapproved is covered without written 13.1 I. If required by ENGINEER. COaTi,OR sh~l
concu~anct of ENGINeER. it must. draqua~tad by ~NGI- promptly, as ditched, eider co~ec~ ~I defective Work.
NEER. b~ uncovered for obae~ation. Such uncove~n8 sh~l who:her or not fabH~ted, inst~led or completed, or. if the
be at CO~~OR's expanse unless CON~OR h~ Work h~ been ~jemed by ~NGIN~R. ~move ~t from
~vcn ~NGIN~R timely no6ca ofCO~~OR's inten- site ~d replace it with nondefective Work. CONTK<~OR
~on to cover ~e same and ~NGINE~ h~ not ached with sh~l bc~ ~1 direct. ~dirc:: ~d consequential cos:s of such
reasonable prompmcas in response to such notice, co~:~ion or gmov~ (including but not l~itcd to ~e:a and
chics of en~nea~. ~hite::s. attorneys and other
13.7. Nci~ obse~atio~ by ~NG~E~R nor ~s~c- sion~s) made ncctas~
~ons. tes~ or approves by o~c~ sh~l glieve CON~C-
TOR ~om CO~~OR's obfi~ons to ~o~ ~e Wo~
in acco~c~ with ~c Con,ct Document. One Y~ Ca~e~on Pe~:
13.]2. If ~in eric yc~ ~ter the da~e of Subsanti~
Completion or such longer pe~ of ~me ~ may be pre-
scribed by ~ws or Re~lations or by the tc~a of any appli.
Uncove~g ~r~' ~bic speci~ ~ntce ~qu~d by thc Cont~c~ D~umcnt~
or by any specific provision of ~e Contract Documents. any
13.8. ~y Work la covered con~ to ~c ~ttcn ~qucst
of ~NGLNE~R. it must. ff requested by E~GINE~R. ~ Wo~ is found to ~ defect~e. CO~~OR sh~l prompdy.
without cost to O~ER and in accor~ncc with
uncovcrca for E~GIN~R's obscn'ation and replaced u
CON~OR's expense, w~zzc~ ins~ctions, cigar co,cc: such defective Work. or.
ff it h~ been ~jac:ed by O%~ER. ~movc it f~m ~c site
13.9. ~NGIN~ER considc~ it netcss~ or advisable ~d ~placc it with nandefective Work. ~ CO~~OR
~at coveted Work be obsc~ed by ENGINEER or insetted does not promptly compl~with thc tc~s of such
or tested by other. CON~~R. at ~NGINE~R's or in ~ cme~cncy where dc!ay would cause ac~ous ~sk of
request, sh~l uncover, expose or othe~ise make available loss or da~gc. OWN~ may have thc defective Work cot-
ret:cd ot ~e ~:tcd Work ~moved and replaced, and ~l
for obsc~ation, inspection or testing as ~NGINEER may
rcquirc, t~az portion of ~c Work in question. ~i~hing all dirc:L bd~ect ~d conscqucnd~ costs of such re=ov~ ~d
nc:t~s~ ~bor. ~te~ ~d equipment. If it is found that replacement (inc]u~ng but not limited to fct~ ~d c~gc~ of
such Work is defective. CON~OR sh~l.bc~ ~I disc:, enginct~. ~hitects. atto~cys ~d o~ profc~sion~s) ~
indirc:t'~ consequem~ coa~ of such uncove~ng, ex~ be paid by CO~~OR. In s~ci~ c~u~mncas where
sure. obac~ation, inapc:tion and tearing and of ~atisfacto~ a p~c~ item of equipment is placed in cont~uous
recons~m::ion. (including but not limited to fe~ and chics ~fore Subsmnti~ Completion af~I the Work. t~c
ef cnginc:~. ~hitccts. atto~cys and other profcasion~s}, pc~od for ~hat hem may s~ to mn from ~ c~J~tr ~te ·
~d OWNER sh~] be entitled ~o an approp~ate dc:tease in so provided in ~c S~ci~cations or by W~ttcn Amendment.
~e Contact ~ce. and. ff thc p~ic~ ~e unable ~o ague ~
to ~c amount thereof, may ~kc a ci~m therefor as providcd
in Article Il. If. however, such Work is not found to ~ Acetgmnce o/Defec~o~:
defective. CONT~OR shall be ~lowed an incrc~e in 13.13. ~. instead of ~qui~ng co,co,ion or rcmov~ ~d
~c Contract ~ce or an extension of thc Contract Time. or rcplaccmcn( of defective Work. O~ (~d. p~or to
both. directly a~t~bu(able [o such uncovc~nS, exposure. ENGINEeR's ~commcndation of fin~ payment.
obse~ation. ~nspection. tc~ting and reconstruction: and. if ENGINEER) prcfc~ to accept it. OWNER may do so. CON-
~c pa~icYarc unable to agree as to the amount or extent T~OR shall ~ all ditccL indirect ~d conscqucnti~
25
costs attributable to OWNER's evaluation of and dote:mi- ARTICLE la.--PAYMENTS TO CONTRACTOR AND
nation to accept such defective Work (such costs to b~ approved COMPLETION
by ENGINEER as to reasonableness and to include but not
b~ limited to f~.s ~nd ch~"ges of engineers, architects, attor- Schedule of F~ue~: '
heys and o~er professionals). If any such acceptance occurs
14.1. The schedule of values established ~s provided in
prior to ENGINEER's recommendation of final payment, a
Change Ordtr~illbe issued incorporating the ne:assert rcvi- pang:apb 2.9 will serve as the basis for progress payments
sions in the Contract Documents with respect to the Work: and will be incorporated into a form of Application for Pay-
and OWNER si'all be entitled to an appropriate der.:ease in ment acceptable to ENGINEER. Progress payments on
account of Unit Price Work will be based on the number
the Contract Phc:, and, it' the parties ~ unable to agree as
to ~he amount thereof, OWNER may make a claim therefor units completed.
as provided in .Lrticle I 1. If the acceptance occurs ~.~er such
recommendation, an appropriate amount will b~ paid by
CONTRACTOR to OWNER. ~ 14.2. At least twenty days before ~ach progress payment
is scheduled (but not more often than once a monthL CON-
TR.a. CTOR shall submit to ENGINEER for review an Appli-
O~5'~'E.R May Correct Defective Work: cation for Payment filled out and signed by CONTR.-~CTOR
covering the Work completed as ortho date of the Appii:ation
13.
I4.
CONTRACTOR
fails
within
reasonable
time
alter written no,ce oi'ENGINEER to proceed to :orr, oct and and accompanied by such supposing documentation as is
to correct de£~¢rive Work or to remove and replace rejected required by the Cont"act Documents. If payment is requ--s,.ed
on the basis of materials and equipment not in¢o~o.~t:d in
Work as re,~uL':d by ENGINEER in accordance with para- the Work but delivered and suitably stored at the si~e or at
graph 13. I 1, or if CONTRACTOR fails to perform ae Wonk
another location a~.'d to in writing, the Application for
in accordance with the Contract Documents, or if .CON- Payment shall also b~ accompanied by a bill of sale. invoice
TRACTOR fails to comply with any other provision of the or other documentation wa,,-ranting that OWNER has re:tired
Contract Documents, OWNER may. alter seven days' writ- the me, trials and equipment free and cica' ofall liens. :ha"ges,
ten notice to CONTRACTOR, con',et: and remedy any such security interests and encumbrances (which are hereinafter
deficiency. In exercising the rights and remedies under this in these General Conditions re.r~rred to as "Liens") and
p~."ag~ph. OV,,'NER shall proceed exp~-ditiously. To the extent evidence tha~ the materials and equipment are covered by
nccessary~ocompictccorrectivca~dremedialaction. OWNER' appropriate properzy insurance and other arrangements to
may exclude CONTRACTOR from ail or pan of the site, take protect OWNER's interest therein, all of which will be sat-
possession of all or part of the Work, and suspend CON- isle:tory to OWNER. The amount of retainage with
TRACTOR's services related thereto, take possession of to progress payments will be as stipulated in the Agreement.
CONTRACTOR's tools, appliances, construction equipment
and machinery at the site and incorporate in the Work all
materials and e'4..uipment stored at the site or for which OWNER ¢OaT~CTOR'~ Wm-mr~
has paid CON'TR. ACTOR bui which are stored elsewhere.
I~.3. CONTRACTOR wanants and guarantees that title
CONTRACTOR shall allow OWNER. OWNER's represen- to all Work. materials and equipment covered by any Appii-
tatives, agents and employees such access to the site as may cation for Payment, whether incorporated in the Project or
be ne:essary Io enable OWNER to exercise the rights and not, will pass to OWNER no later than the time of payment
remedies under this paragraph. Ail dire:t, indirect and con- free and clear of all Liens.
sequential cos'.s of OWNER in exercising such ri.~ts and
remedies will be charged against CON ~-'RACTOR in an amount
approved as to reasonableness by ENGINEER, and a Change Review of Applications for Progre~ Payment:
Order wiZl be issued incorporating the necessary revisions in 14.4. ENGINEER will, within' ten days after receipt of
the Contract Documents with respect to the Work: and each Application for Payment. either indicate in writing a
OWNER sh~ be entitled to an appropriate decrease in the recommendation of payment and present the Application to
Contract Price. and, if the panics are unable to agree as to OWNER, or return the Application to CONTRACTOR indi-
the amount ther~-of, O~'NER may make a claim therefor as caring in writing ~NGINEER's reasons t'or refusing to fcc-
provided in Article I !. Such direct, indirect and consequen- ommend payment. In the latter case, CONTRACTOR may
tial costs will include but not be limited to tees and charges make the necessary con'actions and resubmit the App~ica-
of engineers, architects, attorneys and other professionals, tion. $.L~ rnc Mter presentation of the Application for Pay-
all court and arbitration costs and all costs of repair and ment with ENGINEER's recommendation, the amount fac-
replacement of work of others destroyed or damased by ommended will (subject to the provisions of the last sentence
correction, removal or replacement of CONTRACTOR's of paragraph 14.7} become due and when due will be paid by
defective Work. CONTRACTOR shall not be allowed an OWNER to CONTRACTOR.
extension of the Contract Time because of any delay in per-
I'ormance of the Work attributable to the exercise by OWNER la.$. ENGINEE.~'s recommendation of any paymcnt
of OWNER's r/ghts and remedies her,'under, requested in an Application for Payment will constitute a
26
rcprc:cmad-n by ~NGZ.~g-[P- to OWNg'R. b~scd on [NGI- OWNER to ~ set-GE ng~ins: :~e ~mou~: t..omm_nd._, bu~
N ~R's on-she obse~'~dons of the Work in pro~'ess ns ~n OWN~ mus~ ~ve CO~T~OR imm:~:: ~'~::~
expcrlcnccd and qualified d:s~gn pro~=ssional and on ~NGI- (wi~h a copy to ~N'GIN~R) s:~tin~ t~: rc~sons f:r su:h
~ N~R's review of thc Application for ~aymcnt and ~he action.
accompanyin~ data a~d schedules that the Work has pro-
grossed ~o thc point indicated; that, to thc bcs~ of ~NGI-
NEER's knowledge, info.arian and belief, thc quality of Sub~mnF~l Com~le.~on:
~ha Work is in accordance with the Contmc~ Documents ** 14.8. When CONT~O~ consi~::s the cntir~ Work
{subject to an evaluation ortho Work as a funcHoning whole ready for its im:n~ad us: CONT~A~OR shah
~ g~or to or upon Substantial Completion. to the results o~any OWNE~ and ENGINEER i~ ~'~dng the :he ~nt~r: Work
subsequent tasks called for in thc Con,met Documents. to a substantially cam;Iaea (cx:a~: far items s~::ifi:ally lis::~
final dctc~ination of quantities and classi~adons for Un~ CONT~OR as [a:om~a::} and request that ENGI-
~cc Work un~r ga~g~ph 9.10. and to any other qualifi- NEER issue a ccn~:atc of S:~s:antial Com~t~:iea. Within
cations stated in thc recommendation}; and that EONTRAC- a reasonable time th~raaftcr. O~g~'E~. CONT~A~O~ and
TOR is cntitled to payment of thc amount rc:ommcMad. ENGINEER shall make an i~s:::tion, of tk: Work to d:.=.-'
However. by ~a:ommcnd[ng any such payment ENGINEER mine th~ status of camgl~ea. I~ ENGINEER does not
-- wiIl not thereby bc deemed to have represented that cxhaus- sider tM Work subs~ddly c:=;I:~a. ENG~EER ~'~ not~
dye or continuous on-site inspections have ba:n made to CON~OR in writing ~v~ag th~ r:zsons th:radar. If
ch~:k tM qu~ity or thc quantity of ~e Work ~yond ~a ENGINEER cons~dc~ ~a Work subs:andal]y
~ responsibilities specifically assignc~ to ENGINEER in the ENGINEER will ~rap~-c and ~Hver to 0~ER a t~a~ative
Co~tm:~ Dc:~mants or that there may not be other mattc~ certificate of Subst~tid Come,arian which shall fix tM date
or issues bc~wcan the pa~3as that might entitle CONTK~C- of Subsmnti~ Com~ietion. ~a:a shah ba ac:ached to
~ TOR to be g~d addidon~ly by OWNER or OWNER to cc~i~cate a tentative list of items to b~ .omr .... ~ or car-
withhold payment to CO~~OR. retted ba~orc ~n~ payment. O%~'E~ shail have seven days
~ter receipt of ~c ~aatativc ::~fi;ate d~ng which to make
e. 14.6. ~Ng:NEER'~ ::-~mm'-~-'::- t a ~ - ~.--- w~tten objection to E~GINEER as to anvgrovisio~s of
rm."' :~nsd:u:~ :: - ~:':---', ..... r~:rct ~'-'::~. ~.._. vx,~'v=~ c=~cate or attached Hst. If. ~-f:..-- co~s~:~ng suc~ obj=:-
~o 2'~'NEg eh:: :~ ::~:':~ 7 .... ~ ..... CO~C- tigriS, ~NGINE~R concludes that thc Work is not suhs~n-
T2R's ~:~ c::~:~a~ :a ~n~ payman: :s:~: f:~ ~: F:=~r:Fh dally complete, ENGINEER w~l within Fe~::n days ~tcr
--1' "' ~:vc ~::: ~:S::a~. submission of ~e t=n:ative c:~iHcata to OWNER notiCv
CON~OR in ~-Hting. s~dng the ~asons thor=for.
** 14.7. ENGINEER may ~fuse to re:omm=nd ~c whole ~tcr consideration of'O~ER's objections,
or any p~ of any payment ~, in ENGINEER's opinion, it considers the Work -i-'~ complete, ENGINEER
would be inca=e:: to make such representations to O~'ER. wi~in said fourteen days ex~:ata and d~ver to OWNER
and CON~OR a defini:ive cani:at~ of Substantial
ENGINEER may flsa refuse to recommend any such pay-
~m~nt, or, because of subsequently discovered evidanca or Completion (with a revised,tan:ative list of items to ba c~m-
~e results of subsequent inspections or t~sts, nulI~3' any such pleted or co~actefl) reflecting such changes from th~ tentative
payment previously recommended, to such extent ~ may be certificate ~ ENGINEER b~!i:ves justified ffter c~nsider-
~ ne::isa~ in ENGiNEER's opinion to protect OWNER from arian of any objections fram OglER. At flee time ofd~!ive~
loss b~cause: of the tentative certificate of 5ubstanti~ Campletion ENGI-
, NEER w~l deliver to O~'ER a~d CON~OR a ~tten
14.7.1. the Work is dtfective, or completed Work hm recommendation as to division of responsibilities pending
been damagad r~quiHng co~ection or r~plac:mant, in~ payment between O%~ER and CON~OR with
respect to secu~ty, oge~tion, sffe'y mfint:nanca, heat,
14.7.2. the Cont~tt ~ has be~n reduced by Writ- utilities, insurance ~d wm~:i:s. UP2ess OWNER and
t~n Amendment or Chmg~ Order, CON~OR a~-* othe~'is~ in writing and so
ENGINEER prior to ENGINEER's issuing the dafinitive
14.7.3. OWNER h~ be=n required to ca,act de/cc- ceaificat~ of Subs~ti~ Com$!~tion. ENGINEER's flare-
rive Work or cemplete Work in acc:rdance %~th p~ph s~d reca~endation w~l be biasing on O%~ER and CON-
13.14. or T~OR until fn~ payment.
I~.7.4. of ENGINEER's actual knowledge of ~e 14.9. O~ER sh~l have Lhe right lo exclude CON-
~=u~aaca of any of~a events enum~ted in gm~g~phs T~OR from the Work ~tar uh: date of Subsmnfi~ Cam-
15.2.1 ~r~ug~ 15.2.9 ~ctusive. pierson, but O~ER shall ~low CONT~t~OR re~onabI~
ac~ass to compl~ta or co,act items on ~a t~nmtive list.
3WNER may refuse to m~e payment of the full amount
~commended by ENG~EER because claims have bean
made against O~ER on account 6f CONTRA~OR's per- Pa~ L~3n:
~o~anca or furnishing of the Work or Liens have be~n filed 14.10. Use by OWNER of any finished ~ of the Work.
n connection ~th the Work or there ~e other items entitling which has specific~ly been ide::iied in ~ Contact Docu-
TOR agree consti~u~cs a scp~tcly funcHoning and useable of iht Work will bc ~cco~pHshcd p~r ~o co~pH~:: ~'~
p~ of thc Work that ~n bc used by OWNER wi~houl s~g- thc rcqu~cments of p:-a~ph $.1~ in respect ofpr~p:~ '
nii~n~ inteffe~nc~ with CON~6~OR's peffo~ance o~ insu~ce.
~he reminder of ~e Work, may ~ accomplished prior to
Subs~nti~ Comple~on or~l the Work
tO
follow.
14.11. Upon w~Hcn noti::ffo~ CONT~OR :~a: thc
14.10.1. O~ER at any ~mt may rcqucs~ CON- cntircWorkoran~tcd~n~onthcr:ofisco~p~:::.ENGI-
~K~OR in ~ing to p:~{t O~'ER to usc any such NEER ~ ~k~ a fin~ insrc:tion w{th OWNER,-~. ~ CON-
p~ or ~c Work which O~'ER behoves to ~ ready for T~OR ~d w{ll notdy CONT~OR in wm?~
its intended usc and subs~nti~ty complete. ~ CON- p~i;~I:~ in which th~s ins?::tion rcvc~s ~a~"..,~-
~ORa~es. CO~~ORw~ cc,-toOtlER incomplete or defective. CO~~OR sh~
~d ENGINEER that said p~ of~: Work ia subs:anti,fy ~ke such measures as m-e ne:es~ to remedy s::h deft-
complete and request ENGINEER to issue a certificate of ciencies.
Subsmntifl Completion for that p:~ of the Work. CON-
T~OR at any time may notify OWNER and ENGI-
NEER in ~ting that CON~OR consifi:~ any such
pan of iht Work ready for its intended use and substan-
ti~ly compI::: and request ENGINEER to issue a cent- 14.12. ~ter CON'T~OR has comrleted ~I seth cor-
icone of Substanti~ Completion for z~at p~ ofthe Work. reztions to the satisfaction of ENGINEER and d...~
~qthin arezsonabletime :~:r ti~ersu:h ~quest, O~'ER, ~ ~aintenance and ope~ting ~ns:~ztions. szhe~ui:s.
CONT~OR and ENGINEER shaZl make an inspe:- tees, Bonds, ceni~:ates of inspection, ~rked-u~ record
t~on of that p~ of the Work to de:e~ine frs status of documents (as provided in p~gmph 6.1~) and ot:~er
compietion. ~ENGINEER does not consider that pan of ment~ as required by the Contact Do:umems,
the Work to be substantially co~p]e:e, ENGINEER will ENGINEER has indi:at:~ that :he Work is azze~:a~:
notify OWNER and CONT~OR in w~ting giving the ject to the provisions of p~ph 14. I6). CONT~OR
re~sons therefor. IfENGINEER considers that pan ortho may make application for fin~ payment following t~c pr~
Work to be substanti~ly complete, the provisions of p~- ccdure for progress payments. Tnt fin~ Appticaffon for Pay-
~phs 14.8 and 14.~ will apply with respect to ceni~ion merit s~ be accompanied by ~ documentation c~]:~ for
of Subs~and~ Completion of that p~ ortho Work and ~c ~ ~e Contract Doc:~ents, together wi~ complete and leggy
division of ~sponsibiii~y in respect ~hcrcof and access effective releases or w~vers (sa~sfacto~' to OWNER) of all
thereto. Liens :ffsing out of or ~Ied in connection with thc Work.
lieu thereof and ~ approve~ by OWNER, CONT~OR
I4.10.Z OWNER may at any time request CON- may furnish receipts or re!eeses in full: an a~davit of CON-
T~OR in ~ting to pe~it O~'ER :o take over T~OR that the rc!e~ses and receipts include ali labor,
op:~tion of any such p~ of the WorR ~hough it is not sc~iccs, mate~al and equipment for which a Lien could be
scbs:anti~ly complete. A copy of s~:h request will bc filed, and :~at all payrolls, ma~eff~ and e~u~pmcnt bii!s, and
sent to ENGINEER and within a reesonable time there- other indebtedness connected with the Work for which
~::r OWNER. CONT~OR and ENGINEER sh~l OWNER or OWNER's property might in any way be re,pon-
make an inspection of that pa~ of :he Work to determine sible, have been pa~d or othe~'ise satisfic~; and cons:ne of
its status of completion and will pre?arc a list of thc items the surety, if any, to final payment. If any Subcont~::or or
re~eining to be completed or co,cz:ed thereon before Supplier fails to fu~?sh a rclces~ or rc:eSpt in full, CON-
final payment. If CONT~OR does not object in w~t- T~CTOR may fu~ish a Bond or other collate~l sadsfac-
lng ~o OWNER and ENGINEER that such pan of the to~ to OWNER to indemnify OWNER a~ainst any L?:n.
Work is not re~dy for sepa~te ope~tion by OWNER,
ENGINEER will finalize the list of items to be completed
or co,coted and will deliver such list to OWNER and ~inalP:)'mentandAcct~tance:
CONT~A~OR together ~tfi a wfftt:n recommendation ** 14.13. IL on the basis of ENGINEER's obse~at~zn of
as to the division ofresponsibilities peading final payment the Work duffng const~ction and ~n~ inspection, and
between OWNER and CONT~OR with respect to ENGINEER's review of the fin~ Application for
se:u~ty, op:~don, sffe~y, maint:aan::, utilities, insur- - and accompanying dozum:ztat~on~all as required by the
an:e, wa~nties and gaa~ntees for t~at pan of the Work Contact Documents. ENGINEER is satis~:d that the Work
which will be:omc bindi~g upon OWNER and CON- has been completed and CONT~OR's other obligations
T~OR at the time when OWNER takes over such under t~: Contract Documeats haw been fulfilled. ENGI-
op:~tion (unless they shall have othe~'fse agreed ~n walt. NEER will. within ten days after rec:ip~ of the final
lng and so inCo~e~ ENGINEER). Du~n~ such o:~raHon cation for Payment, ~ndica~e in w~ting ENGINEER's fcc-
and p~or to Substantial Completion of ;uch pa~ of the ommen~adon of payment and present the Application to
Work. OWNER shall allow CONTraCTOR reasonable OWNER for. payment. There:pon ENGINEER will give
ac:ess to complete or co~:cx items on said list and to 'written notice to OWNER and CONT~OR that the Work
complete other related Work. is acceptable subject to the provisions of parag~ph 14.16.
Otherwise. ENGINEER ~'ill return the Application to CON- CONTRACTOR's continuing obligations under the Con-
TRACTOR, indicating.in writing the reasons for refusing to t~ct Documents; and
recommend final payment, in which case COI~I'R. ACTOR
shall make the necessary corrections and resubmit the Appli- 14.16.2. a waiver or' ~11 claims by CON'TRACTOR
cation. Thirty days after presentation to OWNER of the against OWNER other than those previously made in ~Tit-
Application ~nd accompanying documentation, in appropri, lng and still unsettled.
ate form and substance, and with ENGINEER's recommen-
dation and notice of acceptability, thc a~nount recommended
by ENGINEER will become due and w~ll be paid by OWNER
to CONTRACTOR. ARTICLE 15--SLTS?ENSION Ol: WORR AND
TE~'~IINATION
14.14. If. through no fault of COI~ ~--P,.ACTOR, final com-
pletion of the Work is significantly delayed and if ENGI- OwnerMaySu~l~ee'dl¥°ric'
NEER so confirms, OWNER shall, upon receipt of CON- 15.1. OWNER may, at any time and without c~'.'se, sus-
TRACTOR's final Application for Payment and racommen- pond the Work or anypor~ion thereoffora ~riod ofnoc more
dation of ENGINEER, and without terminating the Agree- than ninety days by notice in writing to CO,~,'TRACTOR and
mane, make payment of the balance due for that portion of ENGINEER which will fix the date on which Work will be
the Work fully completed and ac:ap:ed. If the remaining resumed. CONTRACTOR shall resume thc 9,~ork on L~e date
balance to be held by OV,-,~'ER for Work not fully completed so fixed. CONTRACTOR shall be allowed an incr:aze in the
or corrected is less than the rem/nage stipulated in the Agree- Contract Price or an extension at' the Con.'.-ac.t Tim:. or both,
merit, and if Bonds have bean furnished as required in para- directly attributable to any suspension if CONT.:LACTOR
graph 5. I, the written consent of the surety to the payment makes an approved claim therefor as provided in .-L:".i:ies 11
of the balance due for that por',.ion of the Work fully com- and 12.
pieted and accepted shall be submitted by CONTRACTOR
to ENGINEER with the Application for such payment. Such
payment shall be made under the terms and conditions gov- Owner May terminate:
erning final payment, except Lha~ it shall not constitute a 15.2. Upon thc occurrence of any one or more of thc
waiver of claims, following events:
15.2. I. IfCO~,'TRACTOR commences a volur,~'¥ case
Conrractor'z Continuin~ '06ligo~an: under any c,~apter of the Bankruptcy Code (Title I I. United
14.15. CONTRACTOR's obligation to perform and com- States Code), az now or barometer in c~'ect, or if CON-
plate the Work in accordance with the Contract Documents TIL~,CTOR takes any equivalent or similar action by filing
shall be absolute. Neither recommendation of any progress a petition or otherwise under any other federal or state
or final payment by ENGINEER. nor thc issuance of a car- law in effect at such time relating to thc bankr,'.:tcy or
tificatc of Substantial Completion, nor any payment by insolvency;
OWNER to CONTRACTOR under the Contract Documents,
nor any use or occupancy of the Work or any par[thereof by I5.2.2. if a petition is filed against CONTR.-~CTOR
OWNER. nor any act of accep,'ance by OWNER nor any under any chapter of the Bankruptcy Code az now or
failure to do so. nor any review ar, d approval o,t' a Shop hc~a~tcr in el, eat at thc time of filing, or it' a pe:ition is
Drawing or sample submission, nor the issuance of a notice filed seeking any such equivalent or similar relief against
ofaccaptabiiity by ENGINEER pursuant to para.~ph 14.13, CONTRACTOR under any other federal or stat.- law in
nor any core:trion of cie£ec~ive Work by OWNER will con- effect at thc time reiating to bankruptcy or insolvency;
stituta an acceptance of Work not in accordance with the
Contract Documents or a release of CONTRACTOR's obli- 15.2.3. [fCONTRACTOR makes a general assignment
gation to pc~orm the Work in ac:or~znce with thc Contract for thc benefit of creditors;
Documents (except as provided in paragraph 14.16},
15.2.4. it' a trustee, receiver, custoclian or a.~en( of
l~'mYer of Claim.t: CONTR.ACTOR is appointed under appl~."~bla law or under
contract, whose appointment or authority to take charge
14.16. T~,a making and acceptance of final payment will of property of CONTRACTOR is for thc purpose of
constitute: enforcing a Lien against such property or for the purpose
of genera/administration of such property for the
14.16.1. a waiver of all claims by OWNER against of CONTRACTOR's creditors;
CONTRACTOR, except claims a~ising from unsettled
Liens, from defecti~,e Work appe:~ng after final inspec- 15.2.5. if CONTRACTOR admits in writing ~n inabil-
tion pursuant to paragraph 14.11 or from failure to comply ity to pay its debts generally as they become due:
with thc Contract Documents or ~he terms of ~ny special
guarantees specified therein; however, it will not tonsil- 15.2.6. if CONTRACTOR persis'~end)' fa. ils to ~t."forrn
tu[e a waiver by OWNER of any rights in respect of thc Work in accordance with the Contract Documents
29
(including, bul no~ iimiled m. failure m supply sufficient J$.3. V~nere CO.~TRACTOR's scrviccs have bccn so
skillrd workc~ or sui~ic matc~s or equipmcm or ~c~inz~cd by 0~. thc to.ink,ion wi~l not ~cc~
f~]u~ to adhc~ to the p~ss ~h~c established under ~hts or remedies or OWNER a~nst CONTRA~OR then
~ph 2.9 as ~viscd ~m ~mc to ~mc); existing or which may the~fier acc~c. Any retention or
payment of moneys due CON~OR by O~'NER will
15.Z7. · CO~~OR dis~s ~ws' or Re~- not ~l~se CON~&~OR from liability.
lotions of~y public ~y ~vN~j~sdiction;
15.4. U~n seven days' ~t~en notice to CONT~C-
15.2.8. ~CO~~OR dis~g~ds the autho~zy of TaR and ENGINEER. O~R may, without ~use
~NGIN~R: or wi~oul p~ju~ice ~o any o~her ~ght or ~medy. cie:: to
don the Work ~d resinate the A~eement. In su:~ ease,
15.2.9. ~ CO~~OR a~e~se violates in any CON~OR s8~l be p~d for ~1 Work execuzeg ang
subsmn~ way any prussians of ~e Con.ct ~u- ex~ns~ sus~ned plus r~so~bie te~ina~on ex.ns:s.
merits; ~I1 in~ude, but no~ be limited lo, direct, indite:: and con-
~quen~ cos~ (including. but no~ ~ed ~o. fees ~d
O~'N~R may, ~er giving CON~OR (and the s~zy, of engineer. ~chi~eczs, atm~eys and ot~er prof:ssion~s
~ ~ere ~ one) seven days' ~zten no,ce and to the extent ~d court and ~it~zion costs).
pemitted by ~ws and Re.lotions. teminate the se~ices
or CONT~OR, exclude CON~OR from the site
and ~e ~ssession of the Wo~ ~d of~! CO~~OR's Con~t~or Afay S~p ~rl or feminine:
tools, applimc~s, cons~ction equipment and machine~ a~ I~.5. If. through no att or faul~ of CONT~OR.
the site and use the same :o ~e full ~xt:nt they could be used Wo~ is suspended ~r a pe~od of more than ninety' d~'s by
by CON~OR (without liability to CON~OR for O~ER or under an order of court or other public authority.
~esp~s or conversion), inco~te in ~e Work ~! mate~s or ENGINEER f~Is to act on any Appli~tion for
and equipment stored at the site or for which OWNER h~ within thirty days fi:er it is submitted, or O~ER f~ls for
paid CON~&~OR but which ~ s~ored, elsewhere, and thirty days ~o pay CON~t~OR any sum finally deter-
finish the ~'ork as OWNER may dee= expedient. In such mined to be due. then CON~OR may, upon seven
~se CO~t~OR sh~ not be en~i~ed to receive ~y days' ~tten notice to O~ER and ENGINEER,
fu~er payment until the Work is finished. If the unp~d the A~eemem and ~:over from O~ER payment for
hat.ce of the Con~ci P~ce exceeds ~e d~t. indire~ ~d Work executed ~d any expense sustaned plus
consequenti~ coszs of compleling ~e Work (including bul te~inafion ex~nses. In addition and in lieu of
not limited ~o fees and ch~es ofea~nee~. ~chile:ts. otzar- lbo A~eement. ~ EA'GINE~R has f~led zo act on an
heys ~d o~ profession~s and court ~d ~it~fion ~s~) ca,ion for Paymen~ or OWNER has failed :o make a~ ? pay-
such excess w~ be p~d to CO~~OR. ~ such cos~ merit ~ ~ores~d. CO~~OR may se~'cn days'
upon
exceed such unpaid balance. CO~~OR sh~l pay ~e wgtten notice to O~'NER ~d ENGINEER stop the ~'ork
dL~erenc~ to OWNER. Such costs in.Ted by OWNER ~U until payment of~i amounts then due. ~e provisions of this
be approved as to reasonableness by ENGINEER and incor- p~g~ph shall not relieve CON~OR of the obii~alions
po~ted in a ~ange Order. but when exe~ising any ~ts under p~ph 6.2~ to ~ on the Work in accor~an::
or remedies u' - this p~ph O~ sh~ not ~ ~qu~ with the progress schedule and without delay duNng disputes
to obtain the .... esi p~ce for the Wo~ peffo~ed, and disagreements with OWNER.
[The remainder of this page was left blank intentionally.]
i s. RTICLE 16--ARBITRATION American Arbitration Association. and a copy will bc scnt to
ENGINEER for information. The demand for arbitration will
~ ~ 16.1. Ail claims, disputes and other matters in question be made within the thirty-day or ten-day period specifie~ in
)etwcen OWNER and CONTRACTOR arising out of. or paragraph 16.2 as applicable, and in all other cases within a
i reasonable time after the c[aim, dispute or other matter in
relating
to
the
Contract
Documents
or
breach
thereof
' ...~except for claims which have been waived by the making or question has arisen, and in no event shall any such da.v. and
tcceptance of final payment as provided by paragraph 14.16) be made after the date when institution or' legal or equitab!e
~ .uill be decided by arbitration in accordance with the Con- proceedings based on such claim, dispute or other matter in
t ~truction Industry Arbitration Rules of the American Arbi- question would be barred by the applicable statute of' ii..'ni-
· ~ration Association then obtaining subject to the limitations rations.
~f this Article 16. This agreement so to arbitrate and any
i' other agreement or consent to arbitrate entered into in accor- 16.4. No arbitration arising out of or relating to the Con-
1 --,lance herewith as provided in this Article 16 will be specifi- tract Documents shall include by consolidation, joinder or in
:ally enforceable under the prevailing lawofany court having any other manner any other person or entity (including
i urisdictlon. ENGINEER, ENGINEER's agents, employees or consul-
tants) who is not a party to this contract unless:
16.2. No demand for arbitration ofany claim, dispute or
ether matter that is required to be referred to ENGINEER 16.4.1. the inclusion of such other person or entity is
initially for decision in accordance with paragraph 9.11 will necessary if complete relief is to be afforded among t~.ose
, ~,- made until the earlier of(a) the data on which ENGINEER
- '- who ar~ already parties to th-- arbitration,
Jas r~ndered a decision or (b) the tenth day after the parties ·
have presented the;a' evidence to I~NGINEER if a written
·---'lecision has not been rendered by ENGINEER before that 16.4.2. such other person or entity is substantially
! late. No demand for arbitration of any such claim, dispute involved in a question of law or fact which is common to
or other matter will be made later than thirty days a. Ler the those who are already parties to ~e arbitration and which
' ._date on which I:'NGINEI:R has rendered a written decision will arise in such proceedings, and
n respect thereof in accordance with paragraph 9.11; and the
,allure to demand arbitration within said thirty days' period 16.4.3. the wri~en consent of the other p-,non or entity
shall result in ENGINEER's decision being final and binding sought to be included and of OWNER and CONTRAC-
tion OWNER and CONTRACTOR. If ENGINEER renders TOR has been obtained for such inclusion, which consent
. decision after arbitration proceedings have been initiated, shall make specitic reference to this paragraph; but no
such decision may be entered as evidence but will not supersede such consent shall constitute consent to arbitration of any
--he arbitration proceedings, except where the decision is dispute not specific~ly described in such consent or to
cceptable to the parties concerned. No demand for arbitra- arbitration with any party not specifically identified in such
'ion of any written decision of ENGINEER rendered in
consent.
,..accordance with paragraph 9.10 will be made later than ten
!ays after the party making such demand has delivered writ-
,eh notice of intention to appeal as provided in paragraph 16..5. The award r~ndered by the arbitrators will be final.
9.10. judgment may be entered upon it in any court having juris-
diction thereof, and will not be subject to modification or
· !
· 16.3. Notice of the demand for arbitration will be filed in appeal except to the extent pe.,~tted by Sections I0 and I1
writing with the other party to the Agreement and with the of the Federal Arbitration Act {9 U.S.C. §§I0.1D.
[The remainder of ~is page was left blank intentionally.]
31
ARTICLE i?--HISCELL.~,,~,'EOU$ sion or act of the other party or or any or the other pa,~)"$
employees or agents or o~h~ for ~hos~ acts th~ oth;r pa~y
Gi~in~ ~o~cc: is lcEally liable, claim w~ll bc made in w~ing to thc
I7.1. Whenever any provision of ~c Cont~ct ~cu. p3ny within a reasonable time of:he firs~ obsc~-ancc o~su:h '
mcnts ~quires the giving of written notice, it will bc dccmcd inju~ or d~agc. ~c provisions of this pa~g~ph I~.~ shall
~o have been validly 8ivc~ ~ dclivcrcd in pcrson to thc indi- no~ bc consc~cd as a substitute tot or a waiver e~ thc pro-
vidual or to a member of thc R~ or [o an o~cer of thc visions of any appli~bie statute o~limi~[ions or repose.
~o¢omtion for whom it ix intended, or ~ d~liv~r~d at or
b~ r~gi~te~d or entitled mail, po~tag~ ~re~aid, to ~ last 17.4. ~ duti~ and o~ligation~ impo~d by the~=
bu~ine~ addr~ known to ~ giver of~ notice. ~ Condition~ and th~ fight~ and r~m~di~ av~la~l~
under Io th~ pmi~ h~r~to, and, in particular but without
Om~ut~n ofr~: ~tation. ~c w~nti~s. ~tc~s ~d obligations im~scd
17.2.1. When any pc~od of time is refe~ed to in the upon CO~~OR by pa~g~phs &.~0.13.1.1~.12. I~.
Contac: ~uments by days. it ~ ~ computed to cx:lude 14.3 and 15.2 and ~I of thc rights and remedies available to
thc fi~t and include thc last day ofsu;h period. Ifthc last OWNER ~d ENGINEER thereunder, ~c in addition to,
day of any such pe~od f~ls on a Saturday or Sunday or and ~c not to be cons~cd in any way as a limitation of. any
on a day made a IcgaI holiday by ~c law of thc applicable rights and ~medics av~lablc [o any or ~I of them whi:h arc
jurisdiction, such day will b~ omitted from thc computa- othcmise imposed or available by ~ws or Regulations, by
tion. spcci~ w~ty or Famntcc or by other provisions of thc
Contract Documents, and ~c provisions of this pa~g~ph
17.2.2. A ~lcnd~ day of twenty, four hou~ me~urcd will bc as effective as ~ ~pmt~d specific~ly in thc
from midnight [o thc n;xt midnight sh~l tonsil[utc a day. Documents in connection with cach pmicular duty, ob[iga-
~on, tight and remedy to which they apply. All rcpr, scnta-
G~at~' ~ons, w~nties and ~amntecs made in the Contm;; Doc-
17.3. Should OWNER or CO~~OR suffer inju~ umcnts will su~ive fin~ payment and tc~ination or corn-
or damco to person or property bc~c of any e~or. orals- plcfion of ~e Agreement.
ARTICLE IT--MISCELLANEOUS sion or act of the other party or of any or' the other pan.~"s
c,,'nployces or agents or others for whose acts the other
G;,'i~ Non'to: is legally liable, cl~m will be made in writing to the other
17.1. Whenever any provision of the Contract Docu- party wizhin a reasonable time ol'the Rrst o~ser~'ance o)' such
ments requires the giving of written no,ice, it will be deemed injury or damage. The provisions of this paragraph I?..~ s,~,all
to have been validly given if delivered in person to the indi- not be construed as a substitute l'or or a waiver of th: pro-
vidual or to a member of the Rrm or to an officer of the visions or'any applicable statute of'limitations or repose.
corporation for whom it is intended, or if delivered at or sent
by registered or certified mail, postage prepaid, to the last 17.4. The duties and obligations imposed b.~' these G:~-
business address known to the giver of the notice, eral Conditions and the r~ghts and remedies a~'a~lablt
under to the parties hereto, and. in particular but wit.~out
Cozn~uzm4o'a oy'Tbat: iirrtitation, the warranties, guarantees and obligations
17.2. I. When any period of time is refe,n'ed to in the upon CONTRACTOR b)' paragraphs 6.30. 13. I. 13.12. 1.3.
Contract Documents by days. it will be computed to exclude 14.3 and 15.2 and all of the rights and remedies avaiiabi: to
the first and include the last day of such period. If the last OWN'ER and ENGIN'EER thereunder, m'e in addition to,
day of any such pe,~od f~Is on a Saturday or Sunday or and are not to be construed in any way as a limitation of, any
on a day made a legal holiday by the law of the appiicable rights and remedies available ~o any or all of them which are
jurisdiction, such day will be omitted from the computa- otherwise imposed or available by Laws or Regulations, by
tion. special warranty or guarantee or by other provisions of the
Contract Documents, and the provisions of this para.~.'-aph
17.2.2. A calendar day of twenty-four hours measured will be as effective as if r~peated speci~cally in the Contact
from midnight to the next midnight shall constitute a day. Documents in connection with each particular duty, obliga-
tion, right and remedy to which they apply. All repr:senta-
Gcntr~.L' tions, warranties and gua~ntees made in the Contract. Doc-
17.3. Should OWNER or CO~CTOR suffer injury ument$ will survive final payment and termination or corn-
or damage to person or property be:arise of any error, omis- pletion of the Agreement.
SECTION SC
SUPPL~ENT~Y CONDITIONS
SECTION SC
These Supplementary Conditions amend or supplement the Standard
General Conditions of the Construction Contract (No. 1910-8,
1983ed.) and other provisions of the Contract Documents as
indicated below. All provisions which are not so amended or
supplemented remain in full force and effect.
Numerical designations of the following sections correlate to the
amended sections of the General Conditions.
1. DEFINITIONS
The terms used in these Supplementary Conditions which are
defined in the Standard General Conditions of the
Construction Contract (No. 1910-8, 1983 ed.) have the
meanings assigned to them in the General Conditions.
2.3 CO~E~RNC~TOFCONTR~TTINR~ NOTICE TOPROCRRD
Delete paragraph 2.3 of the General Conditions in its
entirety and insert the following in its space.
"Couencement 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 S~HK~hES
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 for that
purpose, and will so notify the OWNER and CONTRACTOR.
SC-1 of 8
SUPI~.~ARY 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, Supplementary
Conditions, General Conditions, Project Specifications,
Referenced Specifications."
4.2.1 EXPLORATIONS AND I~
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 UNDER~ROUNDFACILITIES
Add the following language to the beginning of paragraph
4.3.2. of the General Conditions=
"Prior to commencement of Work, CONTRACTOR shall
contact any city, water, sewer and public works
departments and utility companies which have a
franchise to operate in ~he area of the project site
and shall determine the location of their facilities at
or contiguous to the site and shall protect same from
damage during construction."
4.4 ~q~CE l~INT~
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 bythe OWNER
through his ENGINEER. The CONTRACTOR shall be responsible
for protecting and preserving all stakes thus set, and
SC-2 of 8
SUPPT.~MENTA~Y CONDITIONS (Continued)
~EFER~N~ 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.
BON~S
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."
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
§.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 liability): Each Occurrence
Property Damage: $ 1,000,000 Each Occurrence
or a combined single limit of $1,000,000
(2) Property Damage Liability Insurance
Will provide explosion, collapse and
underground coverage where applicable.
(3) Personal Injury, with employment $1,000,000
exclusion deleted: Annual Aggregate
SC-3 of 8
SUPPLEMENTARY CONDITIONS (Continued)
5.3 INSURANCE (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 these requirements.
5.3.9. Contractor's insurance shall comply with the
requirements of the City of Coppell.
5.4 CONTRAOI~AL LIABILITY INSURANCE
The Contractual Liability required by paragraph 5.4 of the
General Conditions shall provide coverage for not less than
the following amounts:
5.4.1 ~odily Injury:
$500,000 Each Occurrence
5.4.2 Property Damage:
$250,000 Each Occurrence
$250,000 Annual Aggregate
5.6 PROPERTY INSURANCE
The OWNER will not obtain Property 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 SUB~IT~~S AND SUPPLIERS
Add the following language to the end of paragraph 6.9 of
the General Conditions:
SC-4 of 8
SUPPT.~ENTARY 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:
uOWNER shall assume full responsibility for normal
inspection fees."
7.4 COOPEI~ATION
ENGINEER shall have the authority and responsibility to
divide the site into separate work areas for purpose of
allowing other contractors access to the site. Unless
otherwise notified by ENGINEER, CONTRACTOR will be
responsible for the work area assigned to him in all aspects
for which the CONTRACTOR is responsible under this Contract.
CONTRACTOR will still be responsible for maintenance,
security operation, heat, utilities, warranties and defects
or deficiencies of CONTRACTOR'S work located in other
contractor's area and-still maintain insurance related to
the work. CONTRACTOR will not be responsible for security
or safety of other Contractor's operation, but will still
maintain responsibility for his own operations even in the
other Contractor's work area.
7.5 DANAGED ~
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
SUPI~.R~RWTARY CONDITIONS (Continued)
7.5 DA~A~EDWORK (Continued)
by arbitration or at law. CONTRACTOR shall, to the fullest
extent permitted by Laws and Regulations, indemnify and hold
OWNER, ENGINEER and the Construction Coordinator harmless
from and against all claims, damage, losses and expenses
(including, but not limited to, fees of engineers,
architects, attorneys and other professionals and court and
arbitration costs) arising directly, indirectly or
consequentially out of any action, legal or equitable,
brought by any separate contractor against OWNER, ENGINEER
or the Construction Coordinator to the extent based on a
claim arising out of CONTRACTOR'S performance of the Work.
Should a separate contractor cause damage to the Work or
property of CONTRACTOR or should.the ~erformance of Work by
any separate contractor at the s~te g~ve rise to any other
claim, CONTRACTOR shall not institute any action, legal or
eguitable, against OWNER, ENGINEER or the Construction
Coordinator or permit any action against any of them to
maintained and continued in its name or for its benefit in
any court or before any arbiter which seeks to impose
liability on or to recover damages from OWNER, ENGINEER or
the Construction Coordinator on account of any such damage
or claim. If CONTRACTOR is delayed at any time in
performing or furnishing Work by any act or neglect of a
separate contractor and OWNER and CONTRACTOR are unable to
agree as to the extent of any adjustment in Contract Time
attributable thereto, CONTRACTOR msy make a claim for an
extension of time in accordance with Article 12. An
extension of the Contract Time shall be CONTRACTOR'S
exclusive remedy with respect to OWNER, ENGINEER and
Construction Coordinator for any delay, disruption,
interference or hindrance caused by any separate contractor.
Tills paragraph does not prevent recovery from OWNER,
ENGINEER or Construction Coordinator for activities that are
their respective responsibilities.
9.3 ONNER'S~REPRESENTATIVE
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 gualit¥ of the executed
work. Except as documented by a written amendment to the
Contract Documents, this project representative shall have
no authority to change the Contract Documents or waive any
requirements thereof or require any extra work be done by
CONTRACTOR. A Change Order, a Work Directive Change or a
Field Order shall be issued only by ENGINEER.
SC-6 of 8
SUPPT.~ENTARY CONDITIONS (Continued)
-- 9.10 UNIT 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 an~ 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 Pl~IC~ADJUS~
-- Paragraph 11.3.3 of the General Conditions is hereby deleted
in its entirety and the following is substituted in its
place:
-- "The unit price of an item of Unit Price Work shall be
subject to re-evaluation and adjustment if the total
cost of a particular item of Unit Price Work amounts to
20% or more of the Contract Price and the variation in
the contract price differs by more than 20% from the
initial contract price established on the effective
date of the Agreement. CONTRACTOR or OWNER may make a
claim for a change in the Contract Price in accordance
with Article 11 of the General Conditions if the
parties are unable to agree as to the amount of
adjustment."
13.4 ~I~SP]~TION FEES
Delete the first sentence of parggra~h 13.4 of the General
Conditions and insert the following ~n its place:
"Owner shall assume full responsibility for normal
inspection fees required by the City of Coppell.
CONTRACTOR shall assume full responsibility for
overtime inspection charges charged by the City of
Coppe11."
13.5 'r~&-ll~G OltG~N~ATION
Delete paragraph %3.5 of the General Conditions and insert
the following ~n 1ts place:
5C-7 of 8
SUPPLBNBNTARY 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 ENGINEER'S ~ATION
Delete paragraph 14.6 of the General Conditions.
14.7 PAYMBNTTO CONTRACTOR
Add the followin~ language at the end of paragraph 14.7.4 of
the General Condxtions:
"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 ~nvoice."
"Price to be in accordance with the prime rate
established at the lending institution for the note."
14.8 SUBSTANTIAL
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.
14.13 FiNAL PAYMENTANDACC~PTANCE
Add the following language to the forth sentence after the
work "documentation . .
"including in said documentation will be a letter of
acceptance from the appropriate governmental agency."
SC-8 of 8
DIVISION 1
GENE~?, REQUIREMENTS
Ite~ 1.1 ABBREVIATIONS
Whenever the abbreviations defined herein occur on the plans, in
the specifications, contract, bonds, advertisement, proposal or
in any other document or instrument herein contemplated or to
which the specifications apply or may apply, the intent and
meaning shall be as shown below.
AASHTO American Association of State Highway and
Transportation Officials
Ac. Acres
ANSI American National Standards Institute
-- ASA American Standards Association
Asph. Asphalt
AST~ American Society for Testing Materials
AT&SF Atchison, Topeka & Santa Fe Railroad
Ave. Avenue
AWS American Welding Society
AW~A American Water Works Association
-- B/B Back-of-curb to Back-of-curb
Bldg. Building
Blvd. Boulevard
CH Chord of Curve
-- CI Cast Iron
CL Centerline
C~P Corrugated Metal Pipe
CO Cleanout
Cone. Concrete
Cond. Conduit
Contr. Construct
Corr. Corrugated
Cr. Circle
Ct. Court
Cu. Cubic
Culv. Culvert
CY Cubic Yard
Dia. Diameter
DPL & DP & L Dallas Power a 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 10
DIVISION 1. - GENERAL REQUIREMENTS (Continued)
Ite~ 1.1 ABBREVIATIONS (Continued)
FH Fire Hydrant
FL Flowline
Ft. or · Foot or Feet
~al Gallon
GTE General Telephone Company
GV Gate Valve
Hdwl. Headwall
BP Horsepower
Hr. Hour
ID Inside Diameter
In. or u 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
NH Manhole
~t~n. Minimum
Mono. Monolithic
NCTCOG North Central Texas Council of Governments
Mo. Number
OD Outside Diameter
% Percent
PC Point of Curvature
PCC Point of Compound Curvature
PI Plasticity Index of Point of Intersection
PRC Point of Reverse Curvature
PSI Pounds per Square Inch
PT Point of Tangency
PVC Polyvinyl Chloride or Point of Vertical
Curvature
PVT Point of Vertical Tangency
R Radius
RCCP Reinforced Concrete Cylinder Pipe
RCP Reinforced Concrete Pipe
Reinf. Reinforced or Reinforcing
Rem. Remove
Rep. Replace
Ret. Retaining
GR-2 of 10
DIVISION 1. - GENERAL REQ~I~S (Continued)
Ite~ 1.1 ABBREVIATIONS (Continued)
R/N, R-of-W, or
R.O.W. Right-of-Way
-- Sani. or San. Sanitary
Se~. Second
SD Storm Drain
_ SS Sanitary Sewer
Sq. Square
St. Street or Storm
Sta. Station
-- Std. Standard
SWBTor SWB Southwestern Bell Telephone Company
SY Square Yard
T Tangent Length of Curve
-- TESCO Texas Electric Service Company
THDor SDHPT Texas State Department of Highways and Public
Transportation
Tr. Terrace
U~ Underground Electric Cable
~T Underground Telephone Cable
VC Vertical Curve
-- V~P Vitrified Clay Pipe
Vert. Vertical
Vol. Volume
VPI Vertical Point of Intersection
# Water Line
W~T Co. Western Union Telegraph Company
Yd. Yard
Ite~ 1.2 S~H~%RY OF~ORK
The work required to be completed in this contract will include:
1. Demolition of all trees not shown to be protected.
Off-site disposal of demolition refuse.
2. Stripping the site and placing strippings in yard
areas.
3. Cut and fill streets and alleys to subgrade elevation
under pavement to within plus or minus 0.2 of a foot.
Subgrade elevation will be the bottom of the concrete
pavement and will extend 18 inches beyond the back of
curb.
GR-3 of 10
DIVISION 1. - GENERAL REQUIREMENTS (Continued)
4. Cut and fill lots to pad elevations indicated on
grading plan to within plus or minus 0.3 of a foot.
5. Grade swales on lots at 1%, only as necessary to
prevent ponding of water. No swales will be required
where water does not pond.
6. Compacted fill to be placed in accordance with
Specifications, Soils Report, and Data Sheet 79-G.
7. Regrading streets and alleys to finished subgrade. Ail
streets and alleys should be substantially to grade,
plus or minus 0.1 of a foot with local deviations of
not more than 0.2 feet.
8. Construction of all paving shown on the plans including
medians, integral curb, conduits, and sidewalk.
Construction to include preparation of subgrade,
utility adjustments, sawing and jointing of pavements,
signage for traffic flow, and backfill.
I~1.3
It is the intent of the Owner to award the Paving Contract to the
same Contractor.
The CONTRACTOR will be allowed to perform the various tasks
included in this contract in any order consistent with the timely
completion of the work except for the following:
1. The CONTRACTOR will allow the utility contractor to
access the site and install water, sanitary sewer, and
storm drainage facilities after grading is completed
and verified.
2. The CONTRACTOR will allow other contractors to access
the site and install a conduit under proposed paving as
directed by the OWNER, after grading is completed and
verified.
3. The CONTRACTOR will allow the utility contractor to
access the site and complete inlets as soon as pavement
has been poured and to 1nstall meter boxes, headwalls
or make adjustments to the utility construction as soon
as pavement has been backfilled.
GR-4 of 10
DIVISION 1. - GENERAL~U~S (Continued)
4. The CONTRACTOR will allow access to the site by other
contractors as directed by the OWNER for the purpose of
-' construction of other improvements.
I te~ 1.4 MEASUI~O~T AND 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. Paving and Subgrade preparation will be measured in
square yards. No deduction will be made for inlet
blockouts. Plan dimensions will be used and assumed
-- accurate unless ENGINEER is notified of discrepancies
by the CONTRACTOR.
_ 5. Conduits and sawed breakout groove will be measured in
linear feet on the horizontal plane. Vertical lengths
of items will not be measured.
6. Textured paving, and sidewalk will be measure in square
feet.
Item 1.5 ~:)l)~lI~
In conjunction with the Contractor's bid, the Contractor will
submit the following schedules in accordance with paragraph 2.6
-- of the General Conditions:
-- GR-5 of 10
DI%r/SION 1. - GENERAL R~IREMENTS (Continued)
Item 1.5 SC~I~'~AT~ (continued)
1. An estimated progress schedule .showing the estimated
starting and completion times, in days, from notice to
proceed for the major components of the work. Show
time for cleanup, testing and inspection in the
schedule. If work will be left after move-out until
another contractor's work is completed, such as
benching of lots, then reference that time from
notification from Engineer of second move-in.
2. If the Contractor anticipates requesting partial
payment for any incomplete lump sum items, submit a
schedule showing the values of the various stages of
construction of that item. The unit prices in the
proposal, will serve as the schedule of values used to
determine partial payments.
Ite~ 1.6 TESTING
Testing within street and alley right-of-way will be in
accordance with City of Coppell requirements and will be paid for
by the Contractor. Retests due to original test failure shall be
at the Contractor's expense. All other testing required shall be
provided by the Contractor. Tests for lot grading will be paid
for by the OWNER.
Ite~ 1.7 ~TILITIES
The OWNER will not furnish water, electric power or any other
utility required for performance of the Work. CONTRACTOR shall
furnish these items and the cost thereof included in the related
unit prices for the Work.
Item 1.8 SECURITY
The Contractor will be responsible for the security of his work
and survey staking for his work from the time he is given notice
to proceed until the Owner's final payment and acceptance of the
Work. Security measures taken by the Contractor shall not
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.
GR-6 of 10
DIVISION 1. - GENERAL REQUIREMENTS (Continued)
Ires1.9 D~STCONTROL
It shall be the Contractor's continuous responsibility at all
times, including nights, holidays, weekends, etc., to maintain
the work area relatively free of dust in a manner which will not
-- cause inconvenience to the public. Dust control will be achieved
by the application of water by sprinkling in amounts sufficient
to control dust.
-- Ite~ 1.10 EROSION CONTROL AND DRAINAGE
It shall be the Contractor's responsibility to maintain adequate
temporary surface drainage during construction so as to prevent
flooding and nuisance ponding. Where surface drainage channels
are disturbed or blocked during construction, they shall be
restored to their original conditions of grade and cross section
-- after the work of construction is completed. The Contractor
shall take all precautions required to prevent soil erosion
during the construction. If excessive erosion occurs, the
Contractor shall take immediate measures to prevent further
-- erosion and correct the damages.
The Contractor's attention is directed to the Code of Federal
_ Regulations (CFR) Section 33, Parts 320 through 330 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 re~arding 404 Permits such that an additional or
separate 404 Permit is required on this project. The cost for
any special improvements, or damages assessed by the Corps of
Engineer due to the negligent acts of the Contractor may be
deducted from payments due to the Contractor by the Owner.
Ite~ 1.11 TRESPASSING ON ADJACENT PROPERTY
The Contractor shall be responsible for keeping his works and
equipment off the adjacent property. All heavy equipment work
-- required for this contract should be accomplished within the
project boundaries. All damage to adjacent property due to the
Contractors operation will be the responsibility of the
-- Contractor.
1.12 TRAFFIC CONTROL
The Contractor shall be responsible for providing traffic control
during the construction of this project consistent with the
GR-7 of 10
DMSION 1. - GENERAL REQUIREMENTS (Continued)
Ite~ 1.12 TRAFFIC ~ONTROL (Continued)
provisions set forth in the latest publication of the "Texas
Manual on Uniform Traffic Control Devices for Streets and
Highways" issued under the authority of the estate 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 will not remove any regulatory sign, instructional
sing, street name sign, or other siqn which has been erected by
the City. If it is determined that'a sign must be removed to
permit required construction, the Contractor shall contact the
City of Coppell to remove the sign. In the case of regulatory
signs, the Contractor must replace the permanent sign with a
temporary sign meeting the requirements of the above-referenced
manual, and such temporary sign must be installed prior to the
removal of the removal of the permanent sign. If the temporary
sign is not installed correctly or if it does not meet the
required specifications, the permanent sign shall be left in
place until the temporary sign requirements are met. When
construction work is completed to the extent that the permanent
sign can be re-installed, the Contractor shall again contact the
City of Coppell, to re-install the permanent sign and shall leave
his temporary sign in place until such re-installation is
completed.
Payment for work and all associated appurtenances required for
traffic control shall be considered as incidental to the cost of
the project.
Ite~ 1.13 TRENCH AND SUBSURFACE CONSTRUCTION
The Contractor's attention is directed to Federal Laws contained
in the Occupational Safety and Health Act of 1970 and the
standards and regulations issued thereunder. The Contractor is
directed to comply with these and all other applicable federal,
state and local laws. It is the Contractor's responsibility to
instruct his workmen in the proper safety standards and monitor
his activities in insure compliance.
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.
GR-8 of 10
DMSION 1. - GENERAL~~S (Continued)
Ite~ 1.15 TREES ANDSHRUBS
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 be
thoroughly treated as soon as possible with a tree wound
-- dressing.
Ite~ 1.16 FIT~.~S FOR LOTS
All earth fill should be placed in accordance with the soil
report recommendations and specifications of Data Sheet 79-G.
Proper drainage must be maintained to prevent ponding water.
When shale or limestone or other rock materials are placed in the
fill areas, the rocks shall be broken to six-inch diameter or
less and shall be mixed with on-site soils to avoid void areas in
-- the fill. Disking may be required to insure good mixing of rock
and soil.
Ite~ 1.17 FILL REQU~ FOR STREETS~T~.~S
Ail fill within the street and alley right-of-way shall be in
accordance with City of Coppell Requirements and Specifications.
Ite~ 1.18 CLEANUP
During construction, the Contractor shall at all times keep the
job site free from waste, debris and rubbish, and shall maintain
a daily routine of cleanup. All trees, stumps, slashings, brush
or other debris to be removed from the site shall be disposed of
in such a manner approved by the Engineer. Burning of trees
and/or trash, etc. will not be permitted. The Contractor is
responsible for protecting existing improvements and must keep
the pavement and sidewalks clean as required by the City of
Coppell.
Ite~ 1.19 TECHNICAL SPECIFICATIONS
Materials and Method of Construction for all items to be
constructed under this contract shall be in conformance with the
GR-9 of 10
DIVISION 1. - GENERAL REQUI~S (Continued)
Standard Specifications for Public Works Construction, North
Central Texas, published by the NCTCOG, and the City of Coppell
Provisions thereto. These standard specifications are included
in the Contract Documents by reference. Copies of these
specifications are not supplied to the Contractor. The
Contractor can obtain copies of these specifications from the
City of Coppell and the North Central Texas Council of
Governments.
Item 1.20 CONSTRUCTION
The grades constructed by the Contractor for streets and alleys
shall be within 0.1 foot of the plan grade. Ail other surfaces
shall be within 0.3 foot of plan grade.
GR-10 of 10