Riverchase(5)-CN 861112CONTRACT DOCUMENTS and SPECIFICATIONS
[or
RECLAMATION PLAN
tO
RIVERCHASE DEVELOPMENT
COPPELL, TEXAS
for
NORTHWEST. DALLAS COUNTY FLOOD
CONTROL DISTRICT
NOVEMBER 1986
CONSULTING INGINESIS, INC.
Dillml, Texie
' FEDERAL EMERGENCY MANAGEMENT AGENCY AUGUST. 1984
Conditions and Criteria for
FLOODWAY REVISIONS
CONDITIONS ~ND CRITERIA FOR FLOODWAY REVISIONS
FOREWORD
The National Flood Insurance Program makes flood insurance
available to property owners in communities that adopt and enforce
flood plain management measures to reduce future flood losses. The
Program provides' flood hazard maps and risk information on which
local flood plain management measures are based.
One aspect of a sound flood plain management program is the
maintenance of a floodway area to assure that the elevations of
future floods will not be increased significantly. The adoption of
a floodway by a community preserves the necessary conveyance area
for passage of the flood waters by restricting actions within the
floodway which will result in any increase in flood elevation.
After a floodway-is adopted, a community may encounter a compelling
need to change the configuration of their floodway and therefore
request that the floodway map prepared by the Federal Emergency
Management Agency (FEMA) be revised. The purpose of these
conditions and criteria is to set forth the nature and extent of
the material needed to support such a request. Compliance with the
criteria described herein will allow FEMA to review the material
and revise the floodway maps as appropriate in a timely manner.
ministrator
Federal Insurance Administration
This document sets forth FEMA policy concerning requests for revising the
Flood Boundary ~nd Floodway Map (FBFM) prepared by FEMA for ~doption by the
community to regulate floodways In accordance with Title 44, Part 60.3(d) of
the Code of Federal Regulations.
A. FE~A ~ole in Establishing Floodways
The Mational Flood Insurance Act of 1968, Section 1361 authorized FEMA to
carry out flood studies relating to encroachments and obstructions on
stream channels and floodways. The purpose of the studies is to support
state and local efforts to:
(1) regulate the development of land which is exposed to flood damage,
where appropriate,
(2) guide proposed construction ·way from locations which are threatened
by flood hazard,
(3} assist in reducing damages caused by floods, and
(4) otherwise improve the long-range land management and use of
floodprone
The eection Is explicit in that FEMA shall ~:~k closely with, and provide
necessary technical assistance to, state, lnte=state, ·nd local
government agencies in their efforts toward sound flood plain management.
The FEMA role consists of establishing minimum standards ·nd providing
information to state ~nd local regulating agencies. Established
criteria ·re contained in Part 60.3 (d) of Chapter 1, Title 44 of the
Code of Federal Regulations. The regulation states that when FEMA has
provided data frou which a regulatory floodway shall be designated, the
co~nunity shall select and adopt · regulatory floodway based on the
principle that the ·re· chosen for the regulatory floodway Bust carry the
waters of the base flood (100-year) w~thout increasing the water surface
elevation of that flood Bore than 1.0 foot ·t any point. However, the
community may adopt · Bore restrictive floodway in which the surcharge
limit is less than 1.0 foot.
The FEMA role, therefore, is to provLde data from which the connunity can
formulate and adopt a floodway for regulatory purposes. Fro~ · practical
standpoint, FEMA' coordinates with munities during the data generation
stage and prepares data on · single floodway delineation which reflects
co~unity input. Once · floodway is adopted by the co~aunity, FEMA
continues to support the comunity in its efforts to enfo£~e the floodway
~nd provides copies of the maps to users.
Bo Definition and Purpose of Floodway
The floodway Is defined ·s the channel of a stress and any ~j¢ £1oo~
plain areas that must be reserved in order to discharge the 100-year
flood without increasing floed bights by a specified onount. The
purl~se for establishing a £1oodeay is to provide for the balancing of
the competing uses of development ·gainst the resulting increase in floo~
hazards. ~ has set · min~num standard, limiting the floodway width to
that Which will not result in an increase of the 100-year flood by more
than 1.0 foot. Sever·l states have ·dopted requirements which limit the
increases to less than the FEP~ minhnum standard. In cases where the
state has adopted more stringent standards by legally enforceable st·tuts
or regulation, FE~IA co, utes floodway· based upon these standards. Once
the £loodway has been adopted, encroaclunents, including fill, new
construction, substantial ~nprovements, and other development within the
· dopked floodway that ~uld result in any increase in floo~ levels.within
the co~munity during the occurrence of the l~ase flood discharge is
p r oh ib i ted o
Co Floodway Revision - General Policies
#ithin the criteria established by FEHA, many floodway configurations may
be generated. However, once adopted by · con~nunity, · particular
floodway configuration becomes &dministratively estab].ished, much the
same ·s other community regulations. An adopted floodway represents a
reasonable allocation of an area for the passage of flood waters and does
not necessarily represent the minimun area required to meet the FF.~
minimum standard. Once the floodway is adopted, ~he floodwsy boundaries
imring · restudy, the existing floodwsy configuration should be checked
to assure that it Beets ·cceptable surcharge limits under present
conditions. Uhere surcharge l~nits are exceeded, the floodway should ~e
exl~anded.
A floodway may be reduced ~n alze if the discharges have been reduced as
· result of · physical change, such as · diversion of the flo~, or the
cc~struction of & dam or other ma~or retention measures. A floodway may
also be reduced &s · result of stremn modifications. Flocx~way changes
should not be based on physical changes, unless It has been established
that adequate maintenance has been provided to assure continuation of the
s~uctural effects.
A further basis for · floodway revision is the desire by · connunity to
respond ~o a social or economic need for develol~ent within a floedway.
This need may be net by shifting the floodway boundaries, using
appropriate hydraulic analysis, while maintaining the flood carrying
capacity of the floodway. -
A~ter s floodway is established, develol~nent may occur In the ~ringe area
(the area within the flood plain but outside the floodway), but should
not occur in the floodway unless it is cho~n that the development will
not reduce the conveyance of the floodway. If it becones necessary to
revise the £1oodway, the original hydraulic model must be used to
establish the base profile £or the new encroachment analysis. The model
uould then be modified to include the in-place encroachment for the
revised floodway runs.
Do Conununit¥ Floodway Map Revision Request
The floodway designatic~ is not Uappealable- to FENA by individuals,
· inca it is the conmunity l~at ·elects and adopts the regulatory
floodway. Thus, an individual should appeal the floodway designation to,
or seek amendments £rom, the connunity. The connunity, in turn, may
support the amendment and request FENA to revise the original, FENA-
produced Flood Boundary and Floodway Map (FBFI4) · FENA will review the
request to ascertain that the £olloving conditions are met before
expending effort cm the revision.-
Condition Number l
The con~unity must demonstrate that it is prepared to adopt the modified
£1oodway and that all legal requirements will have been met before '~he
£1oodway is revised· Before changes are m&de to community £egulated
areas, communities are required by the state to follow certain
administrative procedures. The request to FZNA needs to include evidence
that appropriate procedures have been followed. Typical information to
be ·ubnitted are as
1.1 Copy o£ a public notice of the intent to modify the floodway.
1.2 & statement that the cou~unity has notified, and obtained approval
from, any adversely impacted property owners o~ adjacent
Jurisdictions.
~.3 In lieu o£ the above, a statement that the change will result in no
adverse impact.
~.4 A copy o£ the notification of the £1oodway change to the state.
Condition Humber 2
An engineering ~nalysis has been performed to substantiate that the
revised floodway Beets
coonunity requirements.
Floodway revisions must be based on the hydraulic model used to develop
the floodway currently in effect. The community should request, through
the FEHA Regional O~fice, · copy of the input data used in the conpu~er
model for its effective Flood Insurance Study. Uhere the input data
representing the or
approximation should be developed. A new model should be established
using the original cross section topographic information, where possible,
and the discharges contained in the Flood Insurance Study which
established the original £1oodway. The model must uae the sane effective
flow areas as established in the original analysis and be calibrated to
reproduce the original base flood elevations within Ool foot. ~here
reproductioo of the original base flood elevations w/thin 0.1 foot is not
possible, or results in unsound engineer/n9 practices, the co. unity
should contact the appropriate FEH~ Regional Office for direct/on.
After the model has been checked and Batches the original base flood
elevations, the model can be modified for new floodway runs. The
analysis will be accoa~lished as specified for the following basis for
revision~
Discharge Decreases
Floodways Bay' be revised when a base flood discharge decreases as a
result of structural is~rovements, such as the construction of a flood
control dam or other significant retention facilities. Floodways should
not be revised based cma computed discharge reduction which results from
changed methodology or longer strea~ 9age records, unless the change is
statistically significant. The statistical significance criteri~ are
discussed in Secticm 2-6 'i~ydfologic Analyses' of FE~A's Guidelines and
Speci[ications for Study Contractors (dated September 1982). IA' cases
vhe:e the statistical significance test does not apply, a determinat$on
by a state or Federal agency that the change is significant Bay be
accepted as a basis for a floodway revision. If evident that the change
is statistically significant, the original hydraulic model should be
rerun, changing only the discharges. This will serve as .the base run for
the subsequent floodway encroachment runs. The floodway model should
then be modified to include current conditions, as well as any
encroachment that Bay have occurred since the original model was
produced. The resulting floodway elevations must not ex~eed the base run
elevations by more than 1o0 foot, or as specified by the state or
connunity.
Discharge Increases
If watershed conditions have resulted in a significant increase in
discharge, the original hydraulic model needs to be run with the
increased discharges. The resulting base flood profile will serve as the
base for the floodway runs. The floodway runs must include any
encroachnent that Bay have occurred since the delineation of the original
floodway.
Channel Modification
The original model will be modified to include the Channel modification,
and any other encroachment occurring subsequent to the original floodway
delineation. The resulting base flood.profile will serve as the base for
the floodway runs. The floodway runs must include &ny encroachment that
may have occurred since the delineation of the original floodway. 'The
- resulting floodway elevations must not exceed the new base flood
elevations or the o~iginal base flood elevations by more than 1.O foot,
or as specified by the state or coumunity.
Social or Economic
Where it is desired to shift the floodway for ~ocial or economic reasons,
the base flood elevations from the original model would serve as the base
profile for the new floodway run. The model would then be modified to
account for any encroachment in the flood plain since the original study.
The new floodway l~units are to be set in a ~anner which will ~ot result
in an lr~rease to the original base flood elevation in excess of that
permitted by FEMA or the state.
Condition Number 3'
Submittal includes technical data that enables FEMA to determine whether
the floodway revision meets the FEMA minimum standard. Submittal must
include the following:
3.1 A copy of the printout for the original hydraulic computer model
representing the 100-year flood profile run for conditions eaisting
et the time the currently effective floodway was developed. The
printout must include full input and output listings.
3.2 A copy of the printout for the original hydraulic computer model
representing the floodway run for conditions under which the
currently effective floodway was developed. The printout must
include full input and output listings.
3.3 A copy of the pr intout ' from the hydraulic computer model
representing the new 100-year profile. The model should be the
lame as that used in item 3.1, but modified to include any channel
~odification, fill or other encroachment that may have occurred in
the flood plain since the original floodway was delineated.
3.4 A copy of the pr intout from the hydraulic computer model
representing the floodway run for the proposed floodway, including
channel ~odifications and encroachments since the original floodway
was established. The equal conveyance reduction method should be
used to compute the revised floodway limits unless agreements have
been ~ade with affected property owners to utilize a different
~ethod. The printout must include full input and output listings
with lll input changes from the original model highlighted. The
net effect of the channel ~difioations, the encroachments made
subsequent to the establl'shment of the original floodway, and the
new proposed floodway limits must not increase the water surface
elevatio~ by more than 1.0 foot above that computed in item 3.1,
and also must not exce%d 1.0 foot above the new 100'-~ear elevations
computed in item 3.3.
3.5 A copy of the revised Floodway Data Table representing data for the
proposed floodway configuration.
3.& One ~ of the currently effective FBFM showing the existing
floodwe~f and one copy showing the proposed floodway configurations.
3.7 Certification from a registered professional engineer that the
physical parameters used in the proposed floodway delineation
represent actual conditions and that the standards contained in
these "Conditions and Criteriat are net.
3.8 If the basis for the proposed floodway revision is a channel
~odification, the com~letion of · dam, or any other structural
measure, evidence is required to demonstrate the design is
adequate, ·nd that neintenance ·nd operation provisions, where
applicable, have been made. The submittal mst indicate what
entity has maintenance responsibility and hoe maintenance will be
accoa~lished. If maintenance is to be accomplished by agencies
other than the ~oamunity, · legal provision for community
monitoring and back-up assistance is required.
3.9 Documentation of approval of the proposed floodway revision from
the appropriate state agency for communities where the 'state
regulates the floodway.
3.10 Documentation of any variation from Condition 2 and/or Condition' 3.
This includes approval frc~ the appropriate agencies and an
explanation of the reason for variation.
FEMA Itesponse to Floodway Revision lte~uest
FEMA will review · coa~unity's request for · floodway map revision. It
is recognized, that while the floodway is adopted by · community, Flood
Insurance Study users other than the community may request copies of the
floodway delineations. Therefore, In support of the community and other
users, FENA maintains · syste~ for distributing floodway information and
revising delineations as the need arises. When the revision ia
considered to be significant, FEMA will revise floodway maps and
distribute them to recognized, users. Significant floodway revisions are
identified based on the size of ·rea, as well as the number of interests
affected by the revision.
FBMA viii respond to a request from the ~unity for a floodway revision
by one of the following means:
(1) Reprinting the affected FBFM panels with corresponding map revised
dates. The panels will be accompanied by · revised index panel
showing the most up-to-date floodway panels maintained at FEMA.
Copies of the revised floodway panels will be sent to previous
recipients of the floodway maps. A revised Flood Insurance Study
· .report will accompany the floodway naps. Included in the report
viii b~ · description of the revision and revised Floodway Data
Tables.
{2) Bend one c,~py of the FBFM designating the approved floodway
revision to the community, and · letter of £1oodway revision
stating that the review of the submitted material has resulted in
the determination that FEMA minimum requirements have been net but
· reprinting of the FBFM is not nrranted at this time. The
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m~terial, ~ncluding the copy of the FBFN showing the revised
flooduay, will be filed for lncorporatio~ at · later t~ne into a
£1oodvay map revision. The approved FBFld revision copies will be
dated. Since it ia possible that FE~A has responded to · floodway
revision request in this manner, all Flood Insurance Study users
are encouraged to contact the comunity before proceeding with
plans for developnent within the £~ood fringe areas or near
floodwaya.
(3) Send · letter to the connunity at·ting that the submittal material
is lncouplete and/os that the revised floodway does not Met FF.~A
min~uun criteria.
F. Subnittal of lquterial
Submit material to the lPn4A Regional Office. The Regional Office will
review material for co, let·ness, concur with the proposed c~anges0
&pprove any maintenance ordinances, and forward the necessary material to
the FE~A Central office.
FE~A Central will review the hydrologic/hydraulic back-up mater
eng~neering design, and any plans of ogerat~on and maintenance (where
appropriate), request additional revisions or corrections as necessary,
then respond to the coununity by ma·ns of the appropriate-action defined
under Section · above.
.G. To obtain £u~ther information on the conditions and criteria for floodway
revisions, communities are encouraged to contact the appropriate
Regional Office or ~ Central in #sshington, D.C. at (202) 287-0230,
prior to the request for · floodway revision.
CONDITIONS AND CRITERIA
FOR MAP REVISIONS
A. Introduction
This document describes the conditions and criteria for revising a Flood
Insurance Study (FIS) under Part 65 of the National Flood Insurance
Program (NFIP) regulations. The Federal Emergency Management Agency
(FEMA) recognizes that FISs may require revision due to new information
becoming available or through physical changes in flood plains. This
document defines the situations that fall under Part 65 of the NFIP
regulations and describes the procedures for correcting or updating Flood
Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs).
B. Definitions
A Letter of Map Amendment (LOMA) issued under Part 70 of the NFIP regu-
lations indicates whether or not a structure(s) or proposed structure(s)
is located in a Special Flood Hazard Area (SFHA) as shown on a FIRM or
Flood Hazard Boundary Map (FHBM). A LOMA removes a property from the SFHA
and thereby makes inapplicable the Federal requirement for the purchase of
flood insurance. For more information regarding LOMAs, refer to "Condi-
tions and Criteria for Letters of Map Amendment."
A Conditional Letter of Map Revision, or belief letter, issued under Part
65 of the NFIP regulations is FEMA's comment on the effectiveness or
impacts of a proposed flood control project or flood plain modification.
It is based on FEMA's review of the proposed project and states that were
the proposed project built as designed, it would be cause for a map
revision.
A Letter of Map Revision (LOMR) can be issued under Part 65 of the NFIP
regulations as an expeditious means of revising a FIRM or FBFM. The LOMR
gives a detailed description of the Base Flood Elevation (BFE) and graphic
changes that will be made to the SFHA currently delineated on the effec-
tive FIRM and/or FBFM. LOMRs involving BFE changes are always succeeded
by a physical map revision.
A physical map revision under Part 65 of the NFIP regulations involves
changing and republishing the existing FIRM and/or FBFM to reflect any
updated condition. Valid LOMAs and LOMRs are incorporated into map
revisions.
Co Reasons for Revision
FEMA will revise an effective FIS to reflect new information which shows
the original FIS to be incorrect and to reflect physical changes which
invalidates the original FIS analyses or presentation of data. Updated
or corrected topographic mapping, hydrologic data, or hydraulic data
FIA/ORA/RSD 7/2 7/84
constitute new information which may warrant a revision. Flood protection
projects and any form of topographic alterations (cut and fill) constitute
physical changes which may also warrant a map revision.
D. General Revision Policy
Within the statutory criteria established for appeals, revision requests
will be evaluated based on the possession of knowledge or information
indicating that the effective elevations are scientifically or technically
incorrect. In certain situations where new information shows mathematical
or measurement errors in the original FIS, FEMA will accept the respon-
sibility for revising the FIS provided the requestor submits the basic
data necessary to correct the problem. Where revision requests are based
on the application of alternative methods, appellants are required to
demonstrate that the new analyses result in more correct estimates of base
flood elevations, thus demonstrating that FEMA' s estimates are incorrect.
In these situations, where a revision request is being made based on
improved data, methods, or applications, the community (or requestor
through the community) must accept responsibility for providing all data
and analyses necessary to u~date the FIS.
If a physical change resulting from development warrants a revision to the
existing analyses, FEMA will not undertake this new technical analysis.
The requestor, through the community, must accept responsibility for
providing all data-and analysis necessary for u~dating the FIS.
E. Community Map Revision Requests
The map revision process cannot be initiated without the community's
endorsement since it is the community that adopts the effective FIS.
Therefore, any individuals requesting a change to the FIS, must do so
through the community. The community, in turn, may support the request
and forward the information to FEMA for evaluation. FEMA will review the
request to ascertain that the following conditions are met before eval-
uating the revision request.
Condition N~_~mber 1
The community must endorse the revision request and demonstrate prepared-
ness to accept responsibility for the operation and/or maintenance of any
structural measures (e.g. channel improvements or levees) involved.
The request submittal should include the following:
1 .1 A statement that the community endorses the re%ision request.
1 .2 If the basis for the revision request is a channel modification, the
completion of a dam, levee, or any other structural measure, evidence
is required to demonstrate the design is adequate and that mainte-
nance and operation provisions, where applicable, have been made.
The submittal must indicate what entity has operation and maintenance
responsibility and how they will be accomplished. If maintenance is
to be accomplished by an agent other than the community, a legal
2
provision (ordinance) for community monitoring and backup maintenance
is required.
1.3 The submittal must indicate that, where necessary, state approval of
the revision has been obtained.
Condition N,,mher 2
If the revision request is based on information showing a mathematical or
measurement error in the original analysis, the submittal must include the
following:
2.1 Documentation that identifies the specific source of the error.
2.2 A written description of the new information and how it differs from
the existing FIS information.
2.3 Basic data supporting the revision request to enable FEMA to revise
the FIS. In most cases, this data must be certified by a registered
professional engineer or licensed land surveyor. Updated topographic
maps, revised community boundary maps including annexation ordi-
nances, and channel, dam, or bridge structure plans'which illustrate
the correct dimensions are examples of the basic data required.
Condition N-mher 3
If the revision request is based on improved application of hydrologic,
hydraulic, or other methods, or use of better data in applying such
methods, the requestor must submit the following:
3.1 Documentation that identifies the error in the application or in the
inferior data in the original analysis and supports why the appli-
cation is incorrect or the data is inferior.
3.2 Engineering analyses applying the same basic methods utilized by FEMA
but with the changes itemized.
3.3 Alternative engineering analyses utilizing the methods or assumptions
determined to be correct.
3.4 Background technical information which supports the requestor's
changes as being more correct.
3.5 Cer'tification by a registered professional engineer or license~ land
surveyor of the correctness of any alternate data utilized or mea-
surements made.
3.6 Documentation of all locations where the requestor's base flood
elevations are different from FEMA's.
Ail engineering analyses performed must substantiate that the revised
hydrologic or hydraulic analyses meet FEMA requirements as well as any
state or community requirements.
F. General Technical Guidance
Flood plain revisions should be based on the hydraulic model used to
develop the flood profile and flood boundaries currently in effect. The
community should request, through the FEMA Regional Office, a copy of the
input data used in the computer model for its effective FIS. Where the
input data representing the original hydraulic model is unavailable, or
where a technically superior model can be used, an approximation should be
developed. A new model should be established using the original cross-
section topographic information, where possible, and the discharges
contained in the FIS which established the original BFEs. The model must
use the same effective flow areas as established in the original analysis
and must be calibrated to reproduce the original base flood elevations
within 0.1 foot. Any differences between the new analysis and the orig-
inal profile must be justified on an engineering basis.
After the model has been checked and matches the original base flood
elevations, the model can be modified for new flood plain runs. The
analysis will be accomplished as specified for the following conditions:
Discharge Decreases. Hydraulic analyses may be revised when a base flood
discharge decreases as a result of structural improvements, such as the
construction of a flood control dam or other significant retention faoil-
ities. Hydraulic analyses should not be revised based on a computed
discharge reduction which results from chang6d methodology or longer
stream gage records, unless the change is statistically significant. The
statistical significance criteria are discussed in Section 2-6 "Hydrologic
Analyses" of FEMA's Guidelines and Specifications for Study Contractors
(dated September 1982). If it is evident that the change is statistically
significant, the original hydraulic model should be rerun, changing only
the discharges. In cases where the statistical significance test does not
apply, a determination by a state or Federal agency that the change is
significant may be accepted as a basis for a map revision.
Discharge Increases. If watershed conditions have resulted in a signifi-
cant (defined as above) increase in discharge, the original hydraulic
model must be run with the i~creased discharges.
Channel Modification. The original hydraulic model will be modified to
include'~he channel modification, and any other encroachment occurring
subsequent to the original flood plain delineation.
In all situations, the revised hydraulic analysis should be modified to
include current conditions as well as any encroachment to the flood plain
that may have occurred since the original model was developed. The
revised hydraulic analysis should also include a zone determination, and
if only a portion of the existing hydraulic analysis is revised, the
upstream and downstream portions of the revised analysis should coincide
4
with the effective FIS profiles, i.e., hydraulic calculations should be
continued for a great enough distance upstream and downstream of the
revised area until water-surface elevations coincide with those in the
effective FIS.
The submittal must include the technical data that enables FEMA to deter-
mine whether the flood plain revision meets FEMA's requirements. The sub-
mittal must include the following:
o A copy of the printout for the original hydraulic computer model
representing the 100-year flood profile run for conditions
existing at the time the currently effective hydraulic analysis
was developed. The printout must include full input and output
listings.
o A copy of the printout from the hydraulic computer model repre-
senting the new 10-, 50-, 100-, and 500-year profiles. The
model should be the same as that used in the preceding item, but
modified to include any channel modification, fill or other
encroachment that may have occurred in the flood plain since the
original flood plain was delineated.
o Delineation of the 100- and 500-year flood boundaries and the
location and alignment of cross sections and flow line used in
the hydraulic model. This information should be shown on a map
of suitable scale and topographic definition to provide reason-
able accuracy.
o A copy of the currently effective flood profiles showing the
existing and 'the revised flood elevations.
o Certification from a registered professional engineer that the
physical parameters used in the proposed flood boundary delin-
eation represent actual conditions and that the standards
contained in these "Conditions and Criteria" are met.
When a map is revised as a result of a new hydraulic analysis, the effect
of the revised hydraulics on the floodway must also be considered. If a
revised floodway analysis is necessary, the community should refer to the
"Conditions and Criteria for Floodway Revisions" for additional informa-
tion that will be required.
G. FEMA Response to Map Revision Request
FEMA will evaluate a request from the community for a revision and respond
by one of the following means:
(1) A preliminary copy of the revised FIS will be sent to the community
for their review. If the revision involves BFE changes or the estab-
lishment of new BFEs, FEMA will initiate a 90-day Appeals Period.
Upon review and resolution of any comments and/or appeals received,
FEMA will issue a new effective FIS which will be sent to all pre-
vious recipients of the maps.
5
(2) Send a Letter of Map Revision (LOMR) to the community stating that
the review of the submitted material has resulted in an official map
revision but that a physical map revision is not warranted at this
time. The LOMR will give a detailed description of the BFE and
graphic changes that have been made to the SFHA currently delineated
on the effective FIS. The material, including a copy of the Maps
showing the revised information, will be filed for incorporation at a
later time into a physical map revision. The approved map revision
copies will be dated. Since it is possible that FEMA has responded
to a map revision request in this manner, all FIS users are encouraged
to contact the community before proceeding with plans for development
within the flood plain areas. LOMRs that result in an increase in
BFE will also be preceded by a 90-day appeals period. An appeals
period for a LOMR which only decreases BFEs will be provided subse-
quent to the issuance of the LOMR.
(3) Send a letter to the community with a copy to any other requestor
stating that the submitted material is not adequate to make an
evaluation and offer them the option of submitting additional infor-
ma tion.
(4) Send a letter to the community with a copy to any o~her requestor
stating that the submitted material appears to justify a map re-
vision, but because not enough information was submitted the com-
munity will be placed on a list for restudy consideration, as funds
permit, unless the community can submit additional information.
(5) Send a letter to the community with a =opy to any other requestor
stating that the submitted material does not substantiate their
request for a map revision and that the file will be closed unless
the community can submit additional information to substantiate their
request.
H. Submittal of Material
Submit material to the FEMA Regional Office. The Regional Office will
review material for completeness, concur with the proposed changes,
approve any maintenance ordinances, and forward the necessary material to
FEMA Headquarters.
FEMA Headquarters will review the hydrologic/hydraulic backup material,
e~lgineering design, and any plans of operation and maintenance (where ap-
propriate), request additional information as necessary, then respond to
the community by means of the appropriate action defined under Section F
To obtain further information on the conditions and criteria for map
revisions, communities are encouraged to contact the appropriate FEMA
Regional Office or FEMA Headquarters in Washington, D.C., at (202) 287-
0230, prior to requesting a map revision.
6
CONSULTING ENGINEERS, INC.
NOV. 12, 1986
ADDENDUM NO. 1
RECLAMATION PLAN
RIVERCHASE DEVELOPMENT
COPPELL, TEXAS
1. Special condition number 50, page 6-8
shall be changed to read: Time is of
the essence in this contract.
2. No other items are changed.
3. Bidders shall acknowledge receipt of
this addendum on the outside of their
bid envelope.
Sincerely,
t P. Vick
Three NorthPark/8800 N. Centrel Expwy./Suite 300/Dallas, Texas 75231/(214) 739-4741
RECLAMATION PLAN
for
RIVERCHA~E ADOITION
COPPELL. TEXAS
TABLE OF CONTENTS
SECTION DESCRIPTION
1 Proposal
2 Payaent Bond
3 Perfornance Bond
4 Certificate of Insurance
5 General Conditions of Agreeaent
6 Special Conditions of Agreement
7 Specification Standards
8 Availability of Facilities
NOTICE TO BIDDERS
Sealed proposals, addressed to Northwest Dallas County Flood Control District,
c/o Nathan D. Naier Consulting Engineers, Inc., will be received in the offi-
ces of Nathan D. Naler Consulting Engineers, Inc., 8800 North Central Express-
way, Suite $00, Dallas, Texas, 75231, until 11:00 a.m., November 24, 1986, and
then privately opened and read for loading, hauling, place, and compact
earthen material provided.
The proposal shall be made on the form attached hereto and shall be submitted
In a sealed envelope which shall be marked on the outside that It Is a bld for
said project.
All proposals shall be accompanied by a cashier's or certified check upon a
national or state bank in the amount of five (5) percent of the total maximum
bid price payable without recourse to Northwest Dallas County Flood Control
District, as their Interest appears, or a bond In the same alount from a
surety company authorized to do business in the State of Texas, as a ~uarantee
the bidder will enter into a contract and execute a performance bond and a
payment bond within fifteen (15) days after notice of award of the contract to
him. The notice of award of contract shall be 81yen by the Owner within 30
days following openln8 of bids.
All bonds will be returned to the respective bidders after the bids are opened
except those of the three lowest bidders, which the Owner may elect to hold
until after the successful bidders has executed the contract. Thereafter, all
remaining securities, Including the security of the successful bidder will be
returned. The successful bidder must furnish payment and performance bonds
upon the forms included with these contract documents, each in the amount of
one hundred (100~) percent of the contract price, from an approved surety
.company authorized to do business in the State of Texas to act as surety (and
acceptable accordin6 to the latest list of companies holdin8 certificates of
authority from the Secretary of the Treasury of the United States).
The right is reserved as the interest of the owner may require to reject any
and all bids and to waive any Informalities In bids received, except tile of
filing of the bid.
Specifications and bidding documents may be secured frol the office of the
Engineer, Nathan D. Maier Consulting Engineers, Inc., 8800 N. Central Express-
way, Suite 300, Dallas, Texas, 75231, for a fee of $20.00 a set.
The bidder should carefully exaaine the specifications and other documents and
fully Inform himself as to all conditions and matters which can in any way
affect the work or cost thereof.
All construction described In this proposal and construction drawings shall be
done In accordance with the Standard Specifications of the City of Coppell,
Texas, and the Department of Health.
Should a bidder find discrepancies in or omissions from the specifications or
other documents, or should he be in doubt as to their meaning, he should at
once notify the Engineer and obtain clarification prior to submitting any bid.
Successful bidder must begin construction within ten (10) working days of
receiving notice to proceed (work order).
NORTHWEST DALLAS COUNTY
FLOOD CONTROL DISTRICT AND
RIVERCHASE JOINT VENTURE
PROPOSAL
Northwest Dallas County
Flood Control District
c/o Nathan D. Maier Consulting Eng., Inc.
8800 N. Central Exwy., Suite 300
Dallas. TX 75231
Gentlemen:
The undersigned, as bidder, declares that the only person or parties
interested in this proposal as principais are those named herein, that this
proposal is made without collusion with any other person, firm or corporation;
that he has carefully examined the form of contract, Notice to Bidders,
specifications, and the plans therein referred to, and has carefully examined
the locations, conditions and classes of all materials of the proposed work;
and agreed that he will provide all the necessary labor, machinery, tools,
apparatus, and other items incidental to construction and will do ail the work
and furnish all the materials called for in the contract and specifications in
the manner prescribed therein and according to the requirements of the
Engineer as therein set forth.
It is agreed that lump sum prices may be increased to cover additional ~ork
ordered by the Engineer, but not shown on the plans or required by the
specifications, in accordance with the provisions of the General Conditions.
Similarly, they may be decreased to cover deletion of work so ordered.
The undersigned bidder proposes to load and haul material from the Gifco site
to the Riverchase Project as shown on Exhibit "E". Material is to be placed
in accord with Exhibit "A" and shall be compacted to specification noted in
special condition number 36 on pages 6-7. Borrow site to be as sho~n on
Exhibit "C" or with drainage and topography agreeable to the owner. For the
price of $ per in place cubic yard.
It is understood and agreed that the work is to be completed in full within
365 calendar days after the date stated in the Notice to Proceed on which work
is to be commenced. The work is to be done in accordance with schedule as
shown on Exhibit "B" and in special conditions number 26 on page 6-5.
The following items shall be considered incidental to the cubic yardage price:
1. Clearing of the borrow site. Areas to be cleared are shown on Exhibit
"C". Burning is allowed on the site, but the contractor is responsible
for obtaining necessary permits.
2. Preparation of fill area. Ail areas receiving fill are to be stripped a
minimum of 4" and a maximum of 1' and are to be stockpiled as shown on
Exhibit "D".
3. Any remaining clearing to be done on the Riverchase project.
4. Adequate traffic control and signage for crossing of Sandy Lake Road.
1-1
In the event of the award of a contract to the undersigned, the undersigned
will furnish a performance and a payment bond, provided by a surety company
authorized to do business in the State of Texas, each for the full amount of
the contract, to secure proper compliance with the terms and provisions of the
contract, and to insure and guarantee payment of all lawful claims for labor
performed and materials furnished in the fulfillment of the contract.
The work proposed to be done shall be accepted when fully completed and
finished in accordance with the plans and specifications, to the satisfaction
of the Owner.
The undersigned certifies that the bid price contained all items as stated
above and has taken into consideration the General and Special Conditions of
this contract document.
Receipt is hereby acknowledged of the Addendum numbered to
the Contract Documents.
BIDDER:
ATTEST (if a Corporation)
By:
Secretary
(Corporate Seal) Title:
MAILING ADDRESS Date:
STANDARD FOl~OF AGREENENT
As Adopted By
THE TEXAS SECTION OF THE AHERICAN SOCIETY OF CIVIL ENGINEERS
October 7, 1971
Revised NoveLber 17, 1928
Revised April 15, 1932
Revised October 27, 1934
Revised October 19, 1945
Revised April 8, 1954
Revised April 21, 1960
Revised October 7, 1971
Approved as to Legal ForL by
Legal Counsel
STATE OF TEXAS
COUNTY OF DALLAS
THIS AGREENENT, sade and entered Into this day
of A.D. 1986, by and between Northwest Dallas
County Flood Control District
of the County of Dallas and State of Texas,
acting through
thereunto authorized so to do, Party of the First Part, hereinafter
terLed ONNER, and
of the City of
, County of ,
and State of , Party ~f the Second Part, hereinafter
terLed CONTRACTOR.
#ITNESSETH: That for and in consideration of the payLents and agreeLents
hereinafter Lentloned, to be Lade and perforLed by the Party of the First
Part (O~NER), and under the conditions expressed in the bond bearing even date
herewith, the said Party of the Second Part (CONTRACTOR), hereby agrees with
the said Party of the First Part (O~NER) to coLLence and coLplete the
construction of certain ILproveLents described as follows:
ReclaLatlon Plan to Riverchase DevelopLent and all extra work in connection
therewith, under the terLs as stated in the General Conditions of the
AgreeLent and at his (or their) own proper cost and expense to furnish all the
Laterials, supplies, Lachinery, equlpLent, tools, superintendence, labor,
insurance, and other accessories and services necessary to coLplete the said
construction, in accordance with the conditions and prices stated In the
Proposal attached hereto, and In accordance with the Notice to Contractors,
General and Special Conditions of AgreeLent, Plans and other drawings and
printed or written explanatory Latter thereof, and the Specifications and
addenda thereof, as prepared by Nathan D. Maler Consulting Engineers, Inc.,
herein entitled the ENGINEER, each of which has been identified by the
CONTRACTOR and the ENGINEER, together with the CONTRACTOR'S written Proposal,
the General Conditions of the AgreeLent, and the PerforLance and PayLent Bonds
hereto attached: all of which are Lade a part hereof and collectively evidence
and constitute the entire contract.
1-3
The CONTRACTOR hereby agrees to commence work within ten (10) days after
the date written notice to do so shall have been given to him, and to
substantially complete the same within 365 calendar days after the date of the
written notice to commence work, subject to such extensions of time as are
provided by the General and Special Conditions.
THE OWNER agrees to pay the CONTRACTOR In current funds the price or prices
shown in the proposal, which forms a part of this contract, such payments to be
subject to the Oenera! and Special Conditions of the contract.
IN WITNESS WHEREOF, the parties to these presents have executed this
Agreement in the year and day first above written.
NORTHWEST DALLAS COUNTY
FLOOD CONTROL DISTRICT
Party of the First Part (OWNER) Party of the Second Part (CONTRACTOR)
By: By:
ATTEST: ATTEST:
]-4
STATE OF TEXAS )
COUNTY OF DALLAS )
KNOW ALL MEN BY THESE PRESENTS: That
of the City of ,
County of , and State of ,
as principal, and ,
authorized under the laws of the State of Texas to act as surety on bonds for
principals, are held and firmly bound unto Northwest Dallas County Flood
Control District (Owners), in the penal sum of
Dollars ($ ) for the payment whereof, the said
Principal and Surety bind themselves and their heirs, administrators,
executors, successors and assigns, jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written contract with the
Owner, dated the___ day of ,
19 , to which contract is hereby referred to and made a part hereof as
fully and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said
Principal shall pay all claimants supplying labor and material to him or a
subcontractor in the prosecution of the work provided for in said contract,
then, this obligation shall be void: otherwise to remain in full force and
effect;
PROVIDED, HOWEVER, that this bond is executed.pursuant to the provisions of
Article 5160 of the Revised Civil Statutes of Texas as amended and all
liabilities on this bond shall be determined in accordance with the provisions
of said Article to the same extent as if it were copied at length herein.
Surety,, for value received, stipulates and agrees that no change, extension
of time, alteration or addition to the terms of the contract, or to the work
performed thereunder, or the plans, specifications or drawings accompanying
the sase, shall tn anywise affect its obligation on this bond, and it does
hereby waive notice of any such change, extension of time, alteration or
addition to the terms of the contract, or to the work to be performed
thereunder.
2-1
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed
this instrument this day of , 19
Principal Surety
By By
Title Title
Address Address
The name and address of the Resident Agent of Surety is:
2-2
STATE OF TEXAS )
COUNTY OF DALLAS )
KNOW ALL MEN BY THESE PRESENTS: That
of the City of ,
County of , and State of ,
as principal, and
authorized under the laws of the State of Texas to act as surety on bonds for
principals, are held and firmly bound unto Northwest Dallas County
-- Flood Control District (Owners), In the penal sum of
Dollars ($ ) for the payment whereof, the
said Principal and Surety bind themselves, and their heirs, administrators,
_ executors, successors and assigns, Jointly and severally, by these presents:
WHEREAS, the Principal has entered, into a certain written contract with the
Owner, dated the day of ,
19 , to which contract Is hereby referred to and made a part hereof as
fully and to the same extent as if copied at length herein.
-- NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that If the said
Principal shall faithfully perform said Contract and shall in all respects
duly and faithfully observe and perform all and singular the covenants,
_ conditions and agreements la and by said contract agreed and covenanted by the
Principal to be observed and performed, and according to the true Intent and
meaning of said Contract and the Plans and Specifications hereto annexed, then
this obligation shall be void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond Is executed pursuant to the provisions of
(Article 5160 for Public Work) (Article 5472d for Private Work)* of the
-- Revised Civil Statutes of Texas as amended and all liabilities on this bond
shall be determined In accordance with the provisions of said Article to the
same extent as if it #ere copied at length herein."
Surety, for value received, stipulates and agrees that no change, extension
of time, alteration or addition to the terms of the contract, or to the work
performed thereunder, or the plans, specifications, or drawings accompanying
-- the same, shall in anyway affect Its obligation on this bond, and it does
hereby waive notice of any such change, extension of time, alteration or
addition to the terms of the contract, or to the work to be performed
-- thereunder.
*Not applicable for federal work. See "The Miller Act," 40 U.S.C. S270.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed
this lnstrulent this day of , 19
Principal Surety
By By
Tltle Title
Address Address
The nale and address of the Resident Agent of Surety is:
3-2
T/~BLK OF CO~
FOR
GENERAL CONDITIONS OF AF~EMENT
1. Definition of Terms Page
1.01 Owner, Contractor and Engineer ................................... 5-3
1.02 Contract Documents ............................................... 5-3
1.03 Sub-Contractor ................................................... 5-3
1.04 Written Notice ................................................... 5-3
1.05 Work ............................................................. 5-3
1.06 Extra Work ....................................................... 5-3
1.07 Working Day ...................................................... 5-4
1.08 Calendar Day ..................................................... 5-4
-- 1.09 Substantially Completed .......................................... 5-4
2. Responsibilities of the Engineer and the Contractor
2.01 Owner-Engineer Relationship ........................................ 5-4
2.02 Professional Inspection by Engineer .............................. 5-4
2.03 Payments for Work ................................................ 5-4
-- 2.04 Initial Determinations ........................................... 5-4 - 5-5
2.05 Objections ....................................................... 5-5
2.06 Lines and Grades ................................................. 5-5
-- 2.07 Contractor's Duty and Superintendence ' 5-5 - 5-6
2.08 Contractor's Understanding ....................................... 5-6
2.09 Character of Workmen ............................................. 5-6
_ 2.10 Contractor's Buildings ........................................... 5-6
2.11 Sanitation ....................................................... 5-6
2.12 Shop Drawings ..................................................... 5-6 - 5-7
2.13 Preliminary Approval ............................................. 5-7
~ 2.14 Deflects and Their Remedies ....................................... 5-?
2.15 Changes and Alterations .......................................... 5-7 - 5-8
-- 3. General Obligations and Responsibilities
3.01 Keeping of Plans and Specifications Accessible ................... 5-8
3.02 Ownership of Dra~ings ............................................ 5-8
3.03 Adequacy of Design ............................................... 5-8
3.04 Right of Entry ................................................... 5-8
3.05 Collateral Contracts ............................................. 5-8
-- 3.06 Discrepancies and O~lssions ...................................... 5-8 - 5-9
3.07 Equipment, Natertals and Construction Plant ...................... 5-9
3.08 Damages .......................................................... 5-9
_ 3.09 Protection Against Accident to Employees and the Public .......... 5-9
3.10 Performance and Bonds ............................................ 5-9
3.11 Losses from Natural Causes ....................................... 5-10
3.12 Protection of Adjoining Property ................................. 5-10
3.13 Protection Against Claims of Sub-Contractors, Etc ................ 5-10
3.14 Protection Against Royalties or Patented Invention ............... 5-10
3.15 Laws and Ordinances .............................................. 5-10 - 5-11
3.16 Assignment and Subletting ........................................ 5-11
3.17 Indemnification .................................................. 5-11
3.18 Contractor's Liability Insurance .................................. 5-11 - 5-12
3.18.1 Certificate of Insurance ......................................... 5-12
4. Prosecution and Progress
4.01 Time and Order of Completion ..................................... 5-12
4.02 Extension of Time ................................................ 5-12
4.03 Hindrances and Delays ............................................. 5-13
5. Neasurement and Palment
5.01 Quantities and Neasurements ...................................... 5-13
5.02 Estimated Quantities ............................................. 5-13
5.03 Price of Work .................................................... 5-13
5.04 Partial Payment .................................................. 5-14
5.05 Use of Completed Portions ........................................ 5-14
5.06 Final Completion and Acceptance .................................. 5-14
5.0? Final Palment ..................................................... 5-14 - 5-15
5.08 Payments Withheld ................................................ 5-15
5.09 Delayed Payments ................................................. 5-15
6. Extra #ork and Clains
$.01 Change Orders .................................................... 5-15
8.02 Ntnor Changes .................................................... 5-16
6.03 Extra Work ........................................................ 5-16 - 5-17
6.04 Time of Filing Claims ............................................ 5-17
6.05 Arbitration ...................................................... 5-17
?. Abandonment of Contract
7.01 Abandonment by Contractor ......................................... 5-18 - 5-19
7.02 Abandonment by Owner ............................................. 5-19
~ CONDITIONS OF
1. DEFINITIONS OF TERMS
1.010#NKR, CONTRACTOR AND ENGINEER. The OWNER, the Contractor and the ENGINEER
are those persons or organizations identified as such in the Agreement and are
referred to throughout the Contract Documents as if singular In number and
masculine in gender. The term ENGINEER means the ENGINEER or his duly authorized
representative. The ENGINEER shall be understood to be the ENGINEER of the OWNER,
and nothing contained in the Contract Documents shall create any contractual or
agency relationship between the ENGINEER and the CONTRACTOR.
1.02 CONTRACT DOCUMENTS. The Contract Documents shall consist of the Notice to
Contractors (Advertisement), Special Conditions (Instructions to Bidders),
Proposal, signed Agreement, Performance and Payment Bonds (when required), Special
Bonds (when required), 6eneral Conditions of the Agreement, Technical
Specifications, Plans, and all modifications thereof incorporated in any of the
documents before the execution of the agreement.
The Contract Documents are complementary, and what is called for by any one
shall be as binding as if called for by all. In case of conflict between any of the
Contract Documents, priority of interpretation shall be in the following order:
Signed Agreement, Performance and Payment Bonds, Special Bonds (if any), Proposal,
Special Conditions of A~reement, Notice to Contractors, Technical Specifications,
Plans, and General Conditions of Agreement.
1.03 SUB-CONTRACTOR. The term Sub-Contractor, as employed herein, includes
only those having a direct contract with the CONTRACTOR and it includes one who
furnishes material worked to a special design according to the plans or
specifications of this work, but does not include one who merely furnishes material
not so worked.
1.04 ~ltITTEN NOTICE. Written notice shall be deemed to have been duly served
If delivered in person to the Individual or to a member of the firm or to an
officer of the corporation for whom it is intended, or if delivered at or sent by
registered mail to the last business address known to him who gives the notice.
1.05 MORE. The CONTRACTOR shall provide and pay for all materials, supplies,
machinery, equipment, tools, superintendence, labor, services, insurance, and all
water, light, power, fuel, transportation and other facilities necessary for the
execution and completion of the work covered by the contract documents. Unless
otherwise specified, all materials shall be new and both workmanship and materials
shall be of a good quality. The CONTRACTOR shall, if required, furnish satisfactory
evidence as to the kind and quality of materials. Materials or work described in
words which so applied have a well known technical or trade meaning shall be held
to refer to such recognized standards.
1.06 EXTRA MORK. The term "Extra Work*' as used in this contract shall be
understood to mean and include all work that may be required by the ENGINEER or
OWNER to be done by the CONTRACTOR to accomplish any change, alteration or addition
to the work shown upon the plans, or reasonably implied by the specifications, and
not covered by the CONTRACTOR'S Proposal, except as provided under "Changes and
Alterations", herein.
5-3
1.07 #ORRING DAY. A "Working Day" is defined as any day not including
Saturdays, Sundays or any legal holidays, in which weather or other conditions, not
under the control of the CONTRACTOR, will permit construction of the principal
units of the work for a period of not less than seven (7) hours between ?:00 a.m.
and 6:00 p.m.
1.08 CALENDAR DAY. "Calendar Day" la any day of the week or month, no days
being excepted.
1.09 SUBSTANTIALLY COMPLKTKD. By the term "substantially completed" 18 meant
that the structure has been made suitable for use or occupancy or the facility Is
in condition to serve its intended purpose, but still may require minor
miscellaneous work and adjustment.
2. RESPONSIBILITIES OP THE KNGINI~Itlt AND THE CONTRACTOR
2.01 OMNER-ENGINEER RELATIONSHIP. The ENGINEER will be the OWNER'S
representative during construction. The duties, responsibilities and limitations of
authority of the ENGINEER as the OWNER*s representative during construction are as
set forth in the Contract Documents and shall not be extended or limited without
written consent of the OWNER, and all of OWNER'S instructions to the CONTRACTOR
shall be issued through the ENGINEER.
2.02 PROPESSIONAL INSPECTION BY ENGINEER. The ENGINEER shall make periodic
visits to the site to familiarize himself generally with the progress of the
executed work and to determine if such work generally meets the essential
performance and design features and the technical and functional engineering
requirements of the Contract Documents; provided and except, however, that the
ENGINEER shall not be responsible for making any detailed, exhaustive,
comprehensive or continuous on-site inspection of the quality or quantity of the
work or be in any way responsible, directly or indirectly, for the construction
means, methods, techniques, sequences, quality, procedure, programs, safety
precautiohs or lack of same incident thereto or in connection therewith.
Notwithstanding any other provision of this agreement or any other Contract
Document, the ENGINEER shall not be in any way responsible or liable for any acts,
errors, omissions or negligence of the CONTRACTOR, any subcontractor or any of the
CONTRACTOR'S or subcontractor*s agents, servants or employees or any other person,
firm or corporation performing or attempting to peTform any of the work.
2.03 PAYMENTS FOR WORK. The ENGINEER 8hall review CONTACTOR'S applications for
payment and supporting data, determine the amount owed to the CONTRACTOR and
approve, in writing, payment to CONTRACTOR in such amounts; such approval of
payment to CONTRACTOR constitutes a representation to the OWNER of ENGINEER'S
professional Judgment that the work has progressed to the point indicated to the
best of his knowledge, Information and belief, but such approval of an application
for payment to CONTRACTOR shall not be deemed as a representation by ENGINEER that
ENGINEER has made any examination to determine how or for what purpose CONTRACTOR
has used the moneys paid on account of the Contract price.
2.04 INITIAL DETERMINATIONS. The ENGINEER initially shall determine all
claims, disputes and other matters in question between the CONTRACTOR and the OWNER
relating to the execution or progress of the work or the interpretation of the
Contract Documents and the ENGINEER*S decision shall be rendered in writing within
a reasonable time. Should the ENGINEER fail to make such decision within a
5-4
reasonable time, appeal to arbitration may be taken as if his decision had been
rendered against the party appealing.
2.05 OBJECTIONS. In the event the ENGINEER renders any decision which, in the
opinion of either party hereto, is not in accordance with the meaning and intent of
this contract, either party may file with the ENGINEER within thirty days his
written objection to the decision, and by such action may reserve the right to
submit the question so raised to arbitration as hereinafter provided.
2.06 LINGS AND GRADES. Unless otherwise specified, all lines and grades shall
be furnished by the ENGINEER or his representative. ~/henever necessary,
construction work shall be suspended to permit performance of this work, but such
suspension will be as brief as practicable and the CONTRACTOR shall be allowed no
extra compensation therefor. The CONTRACTOR shall give the ENGINEER ample notice of
the time and place where lines and grades will be needed. All stakes, marks, etc.,
shall be carefully preserved by the CONTRACTOR, and in case of careless destruction
or removal by him or his employees, such stakes, marks, etc., shall be replaced at
the CONTRACTOR'S expense.
2.07 CONTRACTOR'S DUTY AND SUPKRINTKNDKNCK. The CONTRACTOR shall give adequate
attention to the faithful prosecution and completion of this contract and shall
keep on the work, during its progress, a competent superintendent and any necessary
as81stant8. The superintendent 8hall represent the CONTRACTOR in his absence and
all directions given to him 8hall be as binding as if given to the CONTRACTOR.
The CONTRACTOR is and at all times shall remain an independent contractor, soley
responsible for the manner and method of completing his work under this contract,
with full power and authority to select the means, method and manner of performing
such work, so long as such methods do not adversely affect the completed
improvements, the O#NER and ENGINEER being interested only in the result obtained
and conformity of such completed improvements to the plans, specifications and
contract.
Likewi~e, the CONTRACTOR shall be soley responsible for the safety of himself,
his employees and other person, as well as for the protection of the safety of the
improvements being erected and the property of himself or any other person, as a
result of his operations hereunder. Engineering construction drawings and
specifications as well as any additional information concerning the work to be
performed passing from or through the ENGINEER shall not be interpreted as
requiring or allowing CONTRACTOR to deviate from the plans and specifications, the
intent of such drawings, specifications and any other such instructions being to
define with particularity the agreement of the parties as to the work the
CONTRACTOR is to perform. CONTRACTOR shall be fully and completely liable, at his
own expense, for design, construction, installation and use, or non-use, of all
items and methods incident to performance of the contract, and for all loss, damage
or injury incident thereto, either to person or property, including, without
limitation, the adequacy of all temporary supports, shoring bracing, scaffolding,
machinery or equipment, safety precautions or devices, and similar items or devices
used by him during construction.
Any review of work in process, or any visit or observation during construction,
or any clarification of plans and specifications, by the ENGINEER, or any agent,
employee, or representative of either of them, whether through personal observation
on the project site or by means of approval of shop drawings for temporary
construction or construction processes, or by other means or method, is agreed by
5-5
the CONTRACTOR to be for the purpose of observing the extent and nature of work
completed or being performed, as measured against the drawings and specifications
constituting the contract, or for the purpose of enabling CONTRACTOR to more fully
understand the plans and specifications so that the completed construction work
will conforl thereto, and shall in no way relieve the CONTRACTOR frol full and
complete responsiblit¥ for the proper performance of his work on the project,
including but without limitation the propriety of means and methods of the
CONTRACTOR in perfor=lng said contract, and the adequacy of any designs, plans or
other facilities for accomplishing such performance. Deviation by the CONTRACTOR
from plans and specifications that may have been in evidence during any such
visitation or observation by the ENGINEER, or any of his representatives, whether
called to the CONTRACTOR'S attention or not shall in no way relieve CONTRACTOR fro~
his responsibility to complete all work in accordance with said plans and
specifications.
2.08 CON?RACTOR'$ UNDERSTA~DI~6. It is understood and agreed that the
CONTRACTOR has, by careful exa=ination, satisfied himself as to the nature and
location of the work, the conformation of the ground, the character, quality and
quantity of the laterials to be encountered, the character of equip~ent and
facilities needed preliminary to and during the prosecution of the work, the
general and local conditions, and all other ~atters which can in any way affect the
work under this contract. No verbal agreement or conversation with any officer,
agent or e~ployee of the OWNER or ENGINEER either before or after the execution of
this contract, shall affect or modify any of the terms or obligations herein
contained.
2.09 CHARACTER OF #ORXNK~. The CONTRACTOR agrees to employ only orderly and
competent man, skillful in the perfor=ance of the type of work required under this
contract, to do the work, and agrees that whenever the ENGINEER shall inform him in
writing that any man or men on the work are, in his opinion, incompetent,
unfaithful or disorderly, such man or men shall be discharged from the work and
shall not again be employed on the work without the ENOINEER'S written consent.
2.10 CO~?RAC?OR'S BUILDINGS. The building of structures for housing men, or
the erection of tents or other forms of protection, will be permitted only at such
places as the ENOINEER shall direct, and the sanitary conditions of the grounds in
or about such structures shall at all times be lalntalned in a manner satisfactory
to the ENOINEER.
2.11 SA~ITA?IO~. Necessary sanitary conveniences for the use of laborers on
the work site, properly secluded from public observation, shall be constructed and
maintained by the CONTRACTOR in such manner and at such points as shall be approved
by the ENOINEER, and their use shall be strictly enforced.
2.12 SHOP DRA#I~GS. The CONTRACTOR shall subllt to the ENGINEER, with such
promptness as to cause no delay in his own work or in that of any other Contractor,
four checked copies, unless otherwise specified, of all shop and/or setting
drawings and schedules required for the work of the various trades, and the
ENGINEER shall pass upon them with reasonable promptness, making desired
corrections. The CONTRACTOR shall make any corrections required by the ENOINEER,
file with him two corrected copies and furnish such other copies as may be needed.
The ENOINEER'S approval of such drawings or schedules shall not relieve the
CONTRACTOR from responsibility for deviations from drawings or specifications,
unless he has in writing called the ENGINEER'S attention to such deviations at the
time of submission, nor shall it relieve hl~ from responslblity for errors of any
sort In shop drawings or schedules. It shall be the CONTRACTOR'S responsibility to
fully and completely revtew all shop drawings to ascertain their effect on his
ablllty to perform the required contract work in accordance with the plans and
specifications and within the contract time.
Such review by the ENGINEER shall be for the sole purpose of determining the
sufficiency of said drawings or schedules to result in finished Improvements In
conformity with the plans and specifications, and shall not relieve the CONTRACTOR
of his duty as an Independent contractor as previously set forth, It being
expressly understood and agreed that the ENGINEER does not assume any duty to pass
upon the propriety or adequacy of such drawings or schedules, or any means or
methods reflected thereby, In relation to the safety of either person or property
during CONTRACTOR'S performance hereunder.
2.13 PRELIMINARY APPROVAL. The ENGINEER shall not have the power to waive the
obligations of this contract for the furnishing by the CONTRACTOR of good material,
and of his performing good work as herein described, and In full accordance with
the plans and specifications. No failure or omission of the ENGINEER to discover,
object to or condemn any defective work or material shall release the CONTRACTOR
from the obligations to fully and properly perform the contract, including without
limitations, the obligation to at once tear out, remove and properly replace the
same at any time prior to final acceptance upon the discover of said defective work
or material; provided, however, that the ENGINEER shall, upon request of the
CONTRACTOR, Inspect and accept or reject any material furnished, and In event the
material has been once accepted by the ENGINEER, such acceptance shall be binding
on the OWNER, unless it can be accepted by the ENGINEER, such acceptance shall be
binding on the OWNER, unless it can be clearly shown that such material furnished
does not meet the specifications for this work.
Any questioned work may be ordered taken up or removed for re-examination, by
the ENGINEER, prior to final acceptance, and if found not tn accordance with the
specifications for said work, all expense of removing, re-examination and
replacement shall be borne by the CONTRACTOR, otherwise the expense thus Incurred
shall be allowed as EXTRA WORK, and shall be paid for by the OWNER; provided that,
where Inspection or approval Is specifically required by the specifications prior
to performance of certain work, should the CONTRACTOR proceed with such work
without requesting prior Inspection or approval he shall bear all expense of taking
up, removing, and replacing this work if so directed by the ENGINEER.
2.14 DEFECTS AND THEIR REMEDIES. It is further agreed that If the work or any
part thereof, or any material brought on the site of the work for use in the work
or selected for the same be deemed by the ENGINEER as unsuitable or not In
conformity with the specification8, the CONTRACTOR shall, after receipt of written
notice thereof from the ENGINEER, forthwith remove such material and rebuild or
otherwise remedy 8uch work 8o that it 8hall be in full accordance with this
contract.
2.15 CHARGKS AND ALTKRATION$. The CONTRACTOR further agrees that the OWNER may
make such changes and alterations as the OWNER may see fit, tn the line, grade,
form, dimensions, plans or materials for the work herein contemplated, or any part
thereof, either before or after the beginning of the construction, without
affecting the validity of this contract and the accompanying Performance and
Payment Bonds.
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If such changes or alterations diminish the quantity of the work to be done,
they shall not constitute the basis for a claim for damages, or anticipated profits
on the work that may be dispensed with, except as provided for unit price Items
under Section 5 "Measurement and Payment." If the amount of work is increased, and
the work can fairly be classified under the specifications, such increase shall be
paid for according to the quantity actually done and at the unit price, if any,
established for such work under this contract, except as provided for unit price
items under Section 5 "Measurement and Payment," otherwise, such additional work
shall be paid for as provided under "Extra Work". In case the OWNER shall make such
changes or alterations as shall make useless any work already done or material
already furnished or used in said work, then the OWNER shall recompense the
CONTRACTOR for any material or labor so used, and for any actual loss occasioned by
such change, due to actual expenses incurred in preparation for the work as
originally planned.
3. GENERAL OBLIGATIONS AND RESPONSIBILITIES
3.01 KEEPING OF PLANS AND SPECINICATIONS ACCESSIBLE. The ENGINEER shall
furnish the CONTRACTOR with an adequate and reasonable number of copies of all
plans and specifications without expense to him, and the CONTRACTOR shall keep one
copy of the same constantly accessible on the work, with the latest revisions noted
thereon.
3.02 OWNERSHIP OF DRAWINGS. All drawings, specifications and copies thereof
furnished by the ENOINBER shall not be reused on other work, and, with the
exception of the signed contract sets, are to be returned to him on request, at the
completion of the work. All models are the property of the OWNER.
3.03 ADEQUACY ON DESIGN. It is understood that the OWNER believes it has
employed competent engineers and designers. It is, therefore, agreed that the OWNER
shall be responsible for the adequacy of the design, sufficiency of the Contract
Documents, the safety of the structure and the practicability of the operations of
the completed project; provided the CONTRACTOR has complied with the requirements
of the said Contract Documents, all approved modifications thereof, and additions
and alterations thereto approved in writing by the OWNER. The burden of proof of
such compliance shall be upon the CONTRACTOR to show that he has complied with the
said requirements of the Contract Documents, approved modifications thereof and all
approved additions and alterations thereto.
3.04 RIGHT ON ENTRY. The OWNER reserves the right to enter the property or
location on which the works herein contracted for are to be constructed or
Installed, by such agent or agents as he may elect, for the purpose of inspecting
the work, or for the purpose of constructing or installing such collateral work as
said OWNER may desire.
3.05 COLLATERAL CONTRACTS. The OWNER agrees to provide by separate contract
or otherwise, all labor and material essential to the completion of the work
specifically excluded from this contract, In such manner as not to delay the
progress of the work, or damage said CONTRACTOR except where such delays are
specifically mentioned elsewhere In the Contract Documents.
3.06 DISCREPANCIES AND OMISSIONS. It is further agreed that it Is the intent
of this contract that all work must be done and all material must be furnished in
accordance with the generally accepted practice, and in the event of any
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discrepancies between the separate contract documents, the priority of
interpretation defined under "Contract Documents" shall govern. In the event that
there is still any doubt as to the meanlng and intent of any portion of the
contract, specifications or drawings, the ENGINEER shall define which is intended
to apply to the work. '
3.07 EQUIPMENT MATERIALS AND CONSTRUCTION PLANT. The CONTRACTOR shall be
responsible for the care, preservation, conservation, and protection of all
materials, supplies, machinery, equipment, tools, apparatus, accessories,
facilities, all means of construction, and any and all parts of the work, whether
the CONTRACTOR has been paid, partially paid, or not paid for such work, until the
entire work is completed and accepted.
3.08 DAMAGES. In the event the CONTRACTOR ls damaged in the course of the
completion of the work by the act, neglect, o.lsslon, mistake or default of the
O#NER, or of the ENGINEER, or of any other CONTRACTOR employed by the 0#NER upon
the work, thereby causing loss to the CONTRACTOR, the OWNER agrees that he will
reimburse the CONTRACTOR for such loss. In the event the O#NER is damaged in the
course of the work by the act, negligence, omission, mistake or default of the
CONTRACTOR, or should the CONTRACTOR unreasonably delay the progress of the work
being done by others on the Job so as to cause loss for which the OWNER becomes
liable, then the CONTRACTOR shall reimburse the OWNER for such loss.
3.09 PROTBCTION AGAINST ACCIDB~IT TO I~IPLOY~S AND lq~ PUBLIC. The CONTRACTOR
shall at all times exercise reasonable precautions for the safety of employees and
others on or near the work and shall comply with all applicable provisions of
Federal, State, and Nunicipal safety laws and building and construction codes. Ail
machinery and equipment and other physical hazards shall be guarded in accordance
with the "Manual of Accident Prevention In Construction" of the Associated General
Contractors of America except where incompatible with Federal, State, or Municipal
laws or regulations. The CONTRACTOR shall provide such machinery guards, safe
walkways, ladders, bridges, gangplanks, and other safety devices. The safety
precautions actually taken and their adequacy shall be the sole responsibility of
the CONTRACTOR, acting at his discretion as an Independent contractor.
3.10 PERFORMANCE AND PAYMENT BONDS. Unless otherwise specified, it is further
agreed by the parties to this Contract that the CONTRACTOR will execute separate
performance and payment bonds, each in the sum of one hundred (100) percent of the
total contract price, in standard forms for this purpose, guaranteeing faithful
performance of the work and the fulfillment of any guarantees required, and further
guaranteeing payment to all persons supplying labor and materials or furnishing him
any equipment in the execution of the Contract, and it is agreed that this Contract
shall not be in effect until such performance and payment bonds are furnished and
approved by the OWNER.
Unless otherwise approved in writing by the 0#NER, the surety company
underwriting the bonds shall be acceptable according to the latest llst of
companies holding certificates of authority from the Secretary of the Treasury of
the United States.
Unless otherwise specified, the cost of the premium for the performance and
payment bonds shall be Included in the CONTRACTOR'S proposal.
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3.11 LOSSES PROM NATURAL CAUSES. Unless otherwise specified, all loss or
damage to the CONTRACTOR arlsing out of the nature of the work to be done, or from
the action of the elements, or from any unforeseen circumstance in the prosecution
of the same, or from unusual obstructions or difficulties which may be encountered
in the prosecution of the work, shall be sustained and borne by the CONTRACTOR at
his own cost and expense.
3.12 PROTECTION OP ADJOINING PROPERTY. The said CONTRACTOR shall take proper
means to protect the adjacent or adjoining property or properties In any way
encountered, which might be injured or seriously affected by any process of
construction to be undertaken under this Agreement, from any damage or injury by
reason of said process of construction; and he shall be liable for any and all
claims for such damage on account of his failure to fully protect all adjoining
property. The CONTRACTOR agrees to indemnify, save and hold harmless the OWNER and
ENGINEER against any claim or claims for damages due to any injury to any adjacent
or adjoining property, arising or growlng out of the performance of the contract;
but any such indemnity shall not apply to any claim of any kind arising out of the
existence or character of the work.
3.13 PROTECTION AGAINST CLAIMS OF SUB-CON11tACTORS, LABOP~, MATERIALMEN AND
FURNISHERS OF MACHINERY, EQOIPMKNT~ID SUPPLIES. The CONTRACTOR agrees that he
will indemnify and save the OWNER and ENGINEER harmless from all claims growing out
of the lawful demands of sub-contractors, laborers, workmen, mechanics, materlalmen
and furnishers of machinery and parts thereof, equipment, power tools, and all
supplies, including commissary, incurred in the furtherance of the performance of
this contract. When so desired by the OWNER, the CONTRACTOR shall furnish
satisfactory evidence that all obligations of the nature hereinabove designated
have been paid, discharged or waived. If the CONTRACTOR fails so to do, then the
OWNER may at the optlon of the CONTRACTOR either pay directly any unpaid bllls, of
which the OWNER has written notice, or withhold from the CONTRACTOR'S unpaid
compensation a sum of money deemed reasonably sufficient to liquidate any and all
such lawful claims until satisfactory evldence is furnished that all liabilitle8
have been fully discharged, whereupon payments to the CONTRACTOR shall be resumed
tn full, lB accordance with the terms of this contract, but in no event shall the
provisions of this sentence be constructed to impose any obligation upon the OWNER
by either the CONTRACTOR or his Surety.
3.14 PI~CTION AGAINST ROYALTIES OR PAIq~ INVENTION. The CONTRACTOR 8hall
pay all royalties and license fees, and 8hall provide for the use of any design,
device, material or process covered by letters patent or copyright by suitable
legal agreement wlth the patentee or owner. The CONTRACTOR shall defend all suits
or claims for Infringement of any patent or copyright rights and shall indemnify
and 8ave the OWNER and ENGINEER harmless from any loss on account thereof, except
that the OWNER shall defend all such 8uits and claims and shall be responsible for
all such loss when a particular design, device, material or process or the product
of a particular manufacturer or manufacturers ts specified or required by the
OWNER; provided, however, if choice of alternate design, device, material or
process Is allowed to the CONTRACTOR, then CONTRACTOR shall indemnify and save
OWNER harmless from any loss on account thereof. If the material or process
specified or required by the OWNER is an infringement, the CONTRACTOR shall be
responsible for such loss unless he promptly gives such information to the OWNER.
3.15 LAMS A~ID ORDINANCES. The CONTRACTOR shall at all times observe and
comply with all Federal, State and local laws, ordinances and regulations, which In
any manner affect the contract or the work, and shall indemnify and save harmless
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the O#NER and ENGINEER against any claim arising from the violation of any such
laws, ordinances, and regulations whether by the CONTRACTOR or his employees,
except where such violations are called for by the provisions of the Contract
Documents. If the CONTRACTOR observes that the plans and specifications are at
variance therewith, he shall promptly notify the ENGINEER in writing, and any
necessary changes shall be adjusted as provided in the contract for changes in the
work. If the CONTRACTOR performs any work knowing it to be contrary to such laws,
ordinances, rules and regulations, and without such notice to the ENGINEER, he
shall bear all costs arising therefrom. In case the O#NER Is a body politic and
corporate, the law from which It derives its powers, Insofar as the same regulates
the objects for which, or the manner in which, or the conditions under which the
OWNER may enter into contract, shall be controlling, and shall be considered as
part of this contract, to the same effect as though embodled herein.
3.16 ASSIGNNENT AND SUBLETTING. The CONTRACTOR further agrees that he will
retaln personal control and will give his personal attention to the fulfillment of
this contract and that he will not assign by Power of Attorney, or otherwise, or
sublet said contract without the written consent of the EN6INEER, and that no part
or feature of the work will be sublet to anyone objectionable to the ENGINEER or
the OWNER. The CONTRACTOR further agrees that the subletting of any portlon'or
feature of the work, or materials required In the perfor.ance of this contract.
shall not relieve the CONTRACTOR from his full obligations to the OWNER, as
provided by this Agreement.
3.17 INBE#NIPlCATION. The CONTRACTOR shall defend, indemnify and hold
harmless the OWNER and the ENGINEER and their respective officers, agents and
employees, from and against all damages, claims, losses, demands, suits, judgments
and cost, Including reasonable attorneys' fees and expenses, arising out of or
resulting from the performance of the work, provided that any such damages, claim,
loss, demand, suit, Judgment, cost or expense:
(1) Is attributable to bodily Injury, sickness, dlsease or death or
to injury to or destruction of tangible property (other than
the work Itself) Including the loss of use resulting therefrom
and,
(2) Is caused in whole or In part by any negligent act or omission
of the Contractor, any Subcontractor, anyone directly or
Indirectly employed by any one of them or anyone for whose acts
any of them may be liable, regardless of whether or not it Is
caused in part by a party indemnified hereunder.
The obligation of the CONTRACTOR under this Paragraph shall not extend to the
liability of the ENGINEER, his agents or employees arising out of the preparation
or approval of .aps, drawings, reports, surveys, Change Orders, designs or
specifications, or the giving of or the failure to give directions or instructions
by the ENGINEER, his agents or employees, provided such giving or failure to give
is the primary cause of the injury or damage.
_ 3.18 INSURANCE. The CONTRACTOR at his own expense shall purchase, maintain
and keep in force such insurance as will protect him from claims set forth below
which may arise out of or result from the CONTRACTOR'S operations under the
Contract, whether such operations be by himself or by any Subcontractor or by
-- anyone directly or indirectly employed by any of them, or by anyone for whose acts
any of them may be liable:
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(1) Worknen's compensation clalns, disability benefits and other
similar employee benefit acts;
(2) Claims for damages because of bodily injury, occupational
sickness or disease, or death of his employees, and claims
insured by usual bodily injury liability coverages;
(3) Claims for damages because of bodily injury, sickness or
disease, or death of any person other than his employees, and
claims insured by usual bodily injury liability coverages; and
(4) Claims for damages because of injury to or destruction of
tangible property, including loss of use resulting therefrom.
3.18.1 CERTIFICATE OF INSURANCE. Before commencing any of the work,
CONTRACTOR shall file with the OWNER valid Certificates of Insurance acceptable to
the OWNER and the ENGINEER. Such Certificates shall contain a provision that
coverages afforded under the policies will not be cancelled until at least fifteen
days' prior written notice has been given to the OWNER.
The CONTRACTOR shall also file with the OWNER valid Certificate8 of Insurance
covering all sub-contractors.
4. PROSKCUTIONAND PROGRKSS
4.01 TINE AND ORDER OF COMPLETION. It is the meaning and intent of this
contract, unless otherwise herein specifically provided, that the CONTRACTOR shall
be allowed to prooecute hi8 work at 8uch times and seasons, in such order of
precedence, and in such manner as shall be most conducive to economy of
construction: provided, however, that the order and the tine of prosecution 8hall
be such that the work shall be substantially completed as a whole and in part, in
accordance with this contract, the plans and specifications, and within the tine of
conpletlo~ designated in the Proposal; provided, also, that when the OWNER is
having other work done, either by contract or by his own force, the ENGINEER nay
direct the tine and manner of constructing the work done under this contract, 80
that conflict will be avoided and the construction of the various works being done
for the OWNER shall be harmonized.
The CONTRACTOR shall submit, at such times as may reasonably be requested by
the ENGINEER, schedules which shall show the order in which the CONTRACTOR proposes
to carry on the work, with dates at which the CONTRACTOR will start the several
parts of the work, and estimated dates of completion of the several parts.
4.02 EXTENSION OF TINE. Should the CONTRACTOR be delayed in the completion of
the work by any act or neglect of the OWNER or ENGINEER, or of any employee of
either, or by other contractors employed by the OWNER, or by changes ordered in the
work, or by strikes, lockouts, fires and unusual delays by common carriers, or
unavoidable cause or causes beyond the CONTRACTOR'S control, or by any cause which
the ENGINEER shall decide Justifies the delay, then an extension of time shall be
allowed for completing the work, sufficient to compensate for the delay, the amount
of the extension to be determined by the ENGINEER, provided, however, that the
CONTRACTOR shall give prompt notice in writing of the cause of such delay.
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4.03 HI#DRAHCES A~iD DELAYS. No claims shall be made by the CONTRACTOR for
damages resulting from hindrances or delays from any cause (except where the work
is stopped by order of the OWNER) during the progress of any portion of the work
embraced in this contract. In case said work 8hall be stopped by the act of the
OWNER, then such expense as in the Judgment of the ENGINEER is caused by such
stoppage of said work shall be paid by the OWNER to the CONTRACTOR.
5. NKASUi~flA{D PAYMENT
5.0! QUANTITIES AMD MEASUREMKNTS. No extra or customary measurements of any
kind will be allowed, but the actual measured and/or computed length, area, solid
contents, number and weight only shall be considered, unless otherwise specifically
provided.
5.02 KSTIMATKD QUAMTITIKS. This agreement, including the specifications,
plans and estimate, is intended to show clearly all work to be done and material to
be furnished hereunder. Where the estimated quantities are shown for the various
classes of work to be done and material to be furnished under this contract, they
are approximate and are to be used only as a baal8 for estimating the probable cost
of the work and for comparing the proposals offered for the work. It is understood
and agreed that the actual amount of work to be done and material to be furnished
under this contract may differ somewhat from these estimates, and that where the
baals for payment under this contract is the unit price method, payment shall be
for the actual amount of such work done and the material furnished.
Where payment is based on the unit price method, the CONTRACTOR agree8 that he
will make no claim for damages, anticipated profits or otherwise on account of any
differences which may be found between the quantities of work actually done, the
-- material actually furnished under this contract and the estimated quantities
contemplated and contained in the proposal; provided, however, that in case the
actual quantity of any major item should become as much aa 20~ more than, or
_ less than ~he estimated or contemplated quantity for such items, then either party
to this A~reement, upon demand, shall be entitled to a revised consideration upon
the portion of the work above or below 20~ of the estimated quantity.
-- A "Major Item" 8hall be construed to be any individual bid item incurred in the
proposal that has a total cost equal to or greater than five (5) per cent of the
total contract cost, computed on the basis of the proposal quantities and the
-- contract unit price.
Any revised consideration is to be determined by agreement between the parties,
otherwise by the terms of this A~reement, as provided under "Extra Work".
5.03 PRICE OF WORE. In consideration of the furnishing of all the necessary
labor, equipment and material, and the completion of all work by the CONTRACTOR,
-- and on the completion of all work and of the delivery of all material embraced In
this Contract in full conformity with the specifications and stipulations herein
contained, the OWNER agrees to pay the CONTRACTOR the prices set forth in the
_ Proposal hereto attached, which ha8 been made a part of this contract. The
CONTRACTOR hereby agrees to receive such prices In full for furnishing all material
and all labor required for the aforesaid work, also for all expense Incurred by
him, and for well and truly performing the same and the whole thereof in the manner
-- and according to this Agreement.
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5.04 PARTIAL PAYMENTS. On or before the 25th day of each month, the CONTRACTOR
shall prepare and submit to the ENGINEER for approval or modification a statement
showing as completely as practicable the total value of the work done by the
CONTRACTOR up to and including the 25th day of that month; said statement shall
also include the value of all sound materials delivereo on the site of the work
that are to be fabricated into the work.
The OWNER shall then pay the CONTRACTOR on or before the 25th day of the
following month the total amount of the approved statement, less retainage as
specified in SC-17. and further less all previous payments and all further sums
that may be retained by the OWNER under the terms of this Agreement. It is
understood, however, that in case the whole work be near to completion and some
unexpected and unusual delay occurs due to no fault or neglect on the part of the
CONTRACTOR, the CONTRACTOR at the OWNER'S option, may be relieved of the obligation
to fully complete the work and, thereupon, the CONTRACTOR shall receive payment of
the balance due him under the contract subject only to the conditions stated under
-- "Final Payment".
5.05 USE OF COMPLETED PORTIONS. The OWNER shall have the right to take
_ possession of and use any completed or partially completed portions of the work.
notwithstanding the time for completing the entire work or such portions may not
have expired but such taking possession and use shall not be deemed an acceptance
of any work not completed in accordance with the Contract Document. If such prior
-- use increases the cost of or delays the work, the CONTRACTOR shall be entitled to
such extra compensation, or extension of time, or both, as the ENGINEER may
determine.
The CONTRACTOR shall notify the ENGINEER when, in the CONTRACTOR'S opinion, the
contract is "substantially completed" and when so notifying the ENGINEER, the
CONTRACTOR shall furnish to the ENGINEER in writing a detailed list of unfinished
work. The ENGINEER will review the CONTRACTOR'S list 'of unfinished work and will
add thereto such items as the CONTRACTOR has failed to include. The "substantial
completion" of the structure or facility shall not excuse the CONTRACTOR from
-- performing,all of the work undertaken, whether of a minor or major nature, and
thereby completing the structure or facility in accordance with the Contract
Documents.
5.06 FINAL COMPLETION AND ACCEPTANCE. Within ten (10) days after the
CONTRACTOR has given the ENGINEER written notice that the work has been completed,
or substantially completed, the ENGINEER and the OWNER shall inspect the work and
within said time, if the work be found to be completed or substantially completed
in accordance with the Contract Documents, the ENGINEER shall issue to the OWNER
and the CONTRACTOR his Certificate of Completion, and thereupon it shall be the
-- duty of the OWNER within ten (10) days to issue a Certificate of Acceptance of the
work to the CONTRACTOR or to advise the CONTRACTOR in writing of the reason for
non-acceptance.
5.07 FINAL PAYMENT. Upon the issuance of the Certificate of Completion, the
ENGINEER shall proceed to make final measurements and prepare final statement of
the value of all work performed and materials furnished under the terms of the
-- Agreement and shall certify same to the OWNER, who shall pay to the CONTRACTOR on
or after the 30th day, and before the 35th day, after the date of the Certificate
of Completion, the balance due the CONTRACTOR under the terms of this Agreement,
-- provided he has fully performed his contractual obligations under the terms of this
contract; and said payment shall become due in any event upon said performance by
5-14
the CONTRACTOR. Nelther the Certificate of Acceptance nor the flnal payment, nor
any provision in the Contract Documents, shall relieve the CONTRACTOR of the
obligation for fulfillment of any warranty which may be required.
5.08 PAYKENTS WITHHELD. The O#NER may, on account of subsequently discovered
evidence, withhold or nullify the whole or part of any certificate to such extent
as .ay be necessary to protect himself from loss on account of:
(a) Defective work not remedied.
(b) Claims filed or reasonable evidence indicating probable filing
of claim8.
(c) Failure of the CONTRACTOR to make payments properly to
subcontractors or for material or labor.
(d) Damage to another contractor.
(e) Reasonable doubt that the work can be completed for the unpaid
balance of the contract amount.
(f) Reasonable indication that the work will not be completed
within the contract time.
When the above grounds are re.oved or the CONTRACTOR provides a Surety Bond
satisfactory to the OWNER, which will protect the OWNER in the amount withheld,
payment shall be made for amount8 withheld because of them.
5.09 DELAYED PAYMENTS. Should the OWNER fall to make payment to the
CONTRACTOR of the sum named in any partial or final statement, when payment is due,
then the OWNER 8hall pay to the CONTRACTOR, in addltton to the 8um shown as due by
such statement, interest thereupon at the rate of six (6) per cent per annum,
unless otherwise specified, from date due as provided under "Partial Payments" and
"Final Payments," until fully paid, which shall fully liquidate any injury to the
CONTRACTOR growing out of such delay in payment, but the right is expressly
reserved to the CONTRACTOR-in the event payments be not promptly made, as provided
under "Partial Payments," to at any time thereafter treat the contract as abandoned
by the OWNER and recover compensation, as provided under "Abandonment of Contract,"
unless such payments are withheld In accordance with the provisions of "Payments
Withheld."
6. ~MOl~ A~D CLAIMS
6.01 CI~GK ORDERS. Without invalidating this Agreement, the OWNER may, at
any time or from time to time, order additions, deletions or revisions to the work;
such changes will be authorized Change Order to be prepared by the ENGINEER for
execution by the OWNER and the CONTRACTOR. The Change Order shall set forth the
basis for any change in contract price, as hereinafter set forth for Extra Work,
and any change in contract time which may result from the change.
In the event the CONTRACTOR shall refuse to execute a Change Order which has
been prepared by the ENGINEER and executed by the OWNER, the ENGINEER may in
writing instruct the CONTRACTOR to proceed with the work as set forth in the Change
Order and the CONTRACTOR may make claim against the OWNER for Extra Work involved
therein, as hereinafter provided.
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6.02 MINOR CNA~GKS: The ENGINEER may authorize minor changes in the work not
Inconsistent with the overall intent of the Contract Documents and not involving an
increase in Contract Price. If the CONTRACTOR believes that any minor change or
alteration authorized by the ENGINEER involves Extra #ork and entitles him to an
increase in the Contract Price, the CONTRACTOR shall make written request to the
ENGINEER for a written Field Order.
In such case, the CONTRACTOR by copy of his communication to the ENGINEER or
otherwise in writing shall advise the OWNER of his request to the ENGINEER for a
written Field Order and that the work involved may result in an increase in the
Contract Price.
Any request by the CONTRACTOR for a change In Contract Price shall be made
prior to beginning the work covered by the proposed change.
6.03 EXTRA #ORK: It is agreed that the basis of compensation to the CONTRACTOR
for work elther added or deleted by a Change Order or for which a claim for Extra
Work is made shall be determined by one or more of the following methods:
~ethod (A)-By agreed unit prices; or
Method (B)-BF agreed lump sun; or
Method (C)-If neither Method (A) nor Method (B) be agreed upon
before the Extra Work ls commenced, then the CONTRACTOR
shall be paid the "actual field cost" of the work, plus
(15) percent.
In the event said Extra Work be performed and paid for under Method (C), then
the provisions of this paragraph shall apply and the "actual field cost" is hereby
defined to'include the cost to the CONTRACTOR of all workmen, such as foreman,
timekeepers, mechanics and laborers, and materials, supplies, teams, trucks,
rentals on machinery and equipment, for the tile actually employed or used on such
Extra Work, plus actual transportation charges necessarily incurred, together with
all power, fuel, lubricants, water and similar operating expenses, also all
necessary'incidental expenses incurred directly on account of such Extra Work,
including Social Security, Old Age Benefits and other payroll taxes, and, a
rateable proportion of premiums on Performance and Payment Bonds and ~alntenance
Bonds. Public Liability and Property Damage and Workmen's Compensation, and all
other Insurance as may be required by any law or ordinance, or directed by the
OWNER, or by them agreed to. The ENGINEER may direct the form in which accounts of
the "actual field cost" shall be kept and the records of these accounts shall be
made available to the ENGINEER. The ENGINEER or OWNER mar also specify in writing,
before the work commences, the method of doing the work and the type and kind of
machinery and equipment to be used; otherwise these matters shall be determined by
the CONTRACTOR. Unless otherwise agreed upon, the prices for the use of machinery
and equipment shall be determined by using 100 per cent, unless otherwise
specified, of the latest schedule of Equipment Ownership Expense adopted by the
Associated General Contractors of America. Where practicable the ter~s and prices
for the use of machinery and equipment shall be incorporated in the Written Extra
Work Order. The fifteen (15~) per cent of the "actual field cost" to be paid the
CONTRACTOR shall cover and compensate him for his profit, overhead, general
superintendence and field office expense, and all other elements of cost and
expense not embraced within the "actual field cost" as herein defined, save that
where the CONTRACTOR'S Camp or Field Office must be maintained primarily on account
of such Extra Work; then the cost to maintain and operate the same shall be
included in the "actual field cost".
5-16
No claim for Extra Work of any kind will be allowed unless ordered in writing
by the ENOINEER. In case any orders or instructions, either oral or written, appear
to the CONTRACTOR to involve Extra Work for which he should receive compensation or
an adjustment in the construction time, he shall make written request to the
EN6INEER for written order authorizing such Extra Work. Should a difference of
opinion arise as to what does or does not constitute Extra Work, or as to the
payment therefor, and the EN6INEER insists upon its performance, the CONTRACTOR
shall proceed with the work after making written request for written order and
shall keep an accurate account of the "actual field cost" thereof, as provided
under Method (C). The CONTRACTOR will thereby preserve the right to submit the
matter of payment to arbitration, as herelnbelow provided.
6.04 TIME OF FILIMO CLAIMS. It Is further agreed by both parties hereto that
all questions of dispute or adjustment presented by the CONTRACTOR shall be In
writing and filed with the ENGINEER within thirty (30) days after the EN6INEER has
given any directions, order or instruction to which the CONTRACTOR desires to take
exception. The ENGINEER shall reply within thirty (30) days to such written
exceptions by the CONTRACTOR and render his final decision in writing. In case the
CONTRACTOR should appeal from the ENGINEER'S decision, any demand for arbitration
shall be filed with the ENGINEER and the OWNER in writing within ten (10) days
after the date of delivery to CONTRACTOR of the ENGINEER'S final decision. It is
further agreed that final acceptance of the work by the OWNER and the acceptance by
the CONTRACTOR of the final payment shall be a bar to any claims by either party,
except where noted otherwise in the Contract Documents.
6.05 ARBITRATION. All questions of dispute under this Agreement shall be
submitted to arbitration at the request of either party to the dispute. The parties
may agree upon one arbiter, otherwise, there shall be three, one named In writing
by each party, and the third chosen by the two arbiters so selected; or if the
arbiters fail to select a third within ten (10) days, he shall be chosen by a
District Judge serving the County in which the major portion of the project is
located, unless otherwise specified. Should the party demanding arbitration fall to
_ name an arbiter within ten (10) days of the demand, his right to arbitrate shall
lapse, and the decision of the ENGINEER shall be final and binding on him. Should
the other party fail to choose an arbiter within (10) days, the ENOINEER shall
appoint such arbiter. Should either party refuse or neglect to supply the arbiters
-- with any papers or information demanded in writing, the arbiters are empowered by
both parties to take ex parte proceedings.
-- The arbiters shall act with promptness. The decision of any two shall be
binding on both parties to the contract. The decision of the arbiters upon any
question submitted to arbitration under this contract shall be a condition
precedent to any right of legal action. The decision of the arbiter or arbiters
may be filed in court to carry it into effect.
The arbiters, if they deem the case demands it, are authorized to award the
-- party whose contention is sustained, such sums as they deem proper for the time,
expense and trouble incident to the appeal, and if the appeal was taken without
reasonable cause, they may award damages for any delay occasioned thereby. The
_ arbiters shall fix their own compensation, unless otherwise provided by agreement,
and shall assess the cost and charges of the arbitration upon either or both
parties. The award of the arbiters must be made in writing.
5-17
7. ABASDO/~J~TOF
7.01 ABANDONMENT OF CONTRACTOR. In case the CONTRACTOR should abandon and
fail or refuse to resume work within ten (10) days after written notification from
the OWNER, or the ENGINEER, or if the CONTRACTOR fall8 to comply with the orders of
the ENOiNEER, when such order8 are consistent with the Contract Documents, then,
and in that case, where performance and payment bonds exist, the Sureties on these
bonds 8hall be notified in writing and directed to complete the work, and a copy of
8aid notice shall be delivered to the CONTRACTOR.
After receiving said notice of abandonment the CONTRACTOR shall not remove from
the work any machinery, equipment, tools, materials or supplies then on the job,
but the same, together with any materials and equipment under contract for the
work, may be held for use on the work by the OWNER or the Surety on the performance
bond, or another contractor in completion of the work; and the CONTRACTOR 8hall not
receive any rental or credit therefor (except when used in connection with Extra
Work, where credit shall be allowed as provided for under Section 6, Extra Work and
Claims), it being understood that the use of such equipment and materials will
ultimately reduce the cost to complete the work and be reflected in the final
settlement.
Where there is no performance bond provided or in case the Surety should fail
to commence compliance with the notice for completion hereinbefore provided for,
within ten (10) days after 8ervice of such notice, then the OWNER may provide for
completion of the work in either of the following elective manners:
7.01.1 The OWNER may thereupon employ 8uch force of men and use such
machinery, equipment, tools, material8 and supplies as said OWNER may deem
necessary to complete the work and charge the expense of such labor, machinery,
equipment, tools, material8 and supplies to said CONTRACTOR, and expense so charged
shall be deducted and paid by the OWNER out of such moneys as may be due, or that
may thereafter at any time become due to the CONTRACTOR under and by virtue of this
Agreement. In ca8e such expense is le88 than the sum which would have been payable
under thl~ contract, if the same had been completed by the CONTRACTOR, then said
CONTRACTOR shall receive the difference. In case such expense 18 greater than the
sum which would have been payable under this contract, if the same had been
completed by 8aid CONTRACTOR, then the CONTRACTOR and/or his Surety shall pay the
amount of such excess to the OWNER; or
7.01.2 The OWNER under sealed bids, after flve (5) days notice published one
or more time8 In a newspaper having general circulation in the county of the
location of the work, may let the contract for the completion of the work under
substantially the same terms and conditions which are provided in this contract. In
case any Increase in c08t to the OWNER under the new contract as compared to what
would have been the cost under this contract, such increase 8hall be charged to the
CONTRACTOR and the Surety 8hall be and remain bound therefor. However, should the
cost to complete any such new contract prove to be less than what would have been
the cost to complete under this contract, the CONTRACTOR and/or his Surety shall be
credited therewith.
When the work 8hall have been substantially completed the CONTRACTOR and his
Surety shall be so notified and Certificate8 of Completion and Acceptance, as
provided in Paragraph 5.06 hereinabove, shall be issued. A complete itemized
statement of the contract accounts, certified by the ENGINEER as being correct,
shall then be prepared and delivered to the CONTRACTOR and his Surety, whereupon
5-18
the CONTRACTOR and/or his Surety, or the OWNER as the case may be, shall pay the
balance due as reflected by said statement, within fifteen (15) days after the date
of such Certificate of Completion.
In the event the statement of accounts shows that the cost to complete the work
is less than that which would have been the cost to the OWNER had the work been
completed by the CONTRACTOR under the terms of this contract; or when the
CONTRACTOR and/or his Surety shall pay the balance shown to be due by them to the
OWNER, then all machinery, equipment, tools, materials or supplies left on the site
of the work shall be turned over to the CONTRACTOR and/or his Surety. Should the
cost to complete the work exceed the contract price, and the CONTRACTOR and/or his
Surety fail to pay the amount due the OWNER within the time designated herelnabove,
and there remains any machinery, equipment, tools, materials or supplies on the
site of the work, notice thereof, together with an itemized list of such equipment
and materials, shall be malled to the CONTRACTOR and his Surety at the respective
addresses designated In this contract, provided, however, that actual written
notice given in any manner will satisfy thls condition. After malling, or other
glvlng of such notice, such property shall be held at the risk of the CONTRACTOR
and his Surety subject only to the duty of the OWNER to exerclse ordinary care to
_ protect such property. After fifteen (15) days from the date of said notice the
OWNER may sell such machinery, equipment, tools, materials or supplies and apply
the net sum derived from such sale to the credit of the CONTRACTOR and his Surety.
Such sale may be made at either public or private sale, with or without notice, as
-- the OWNER may elect. The OWNER shall release any machinery, equipment, tools,
materials, or supplies, which remain on the work, and belong to persons other than
the CONTRACTOR or his Surety, to their proper owners. The books on all operations
-- provided herein shall be open to the CONTRACTOR and his Surety.
?.02 ABANDOW#gNTBVOWWRR. In case the OWNER shall fail to comply with the
_ terms of this contract, and should fail or refuse to comply with said terms within
ten (10) days after written notification by the CONTRACTOR, then the CONTRACTOR may
suspend or wholly abandon the work, and may remove therefrom all machinery, tools
and equipment, and all materials on the site of work that have not been included in
-- payments to the CONTRACTOR and have not been wrought into the work. And thereupon
the ENGINEER shall make an estimate of the total amount earned by the CONTRACTOR,
which estimate shall include the value of all work actually completed by said
-- CONTRACTOR (at the prices stated in the attached proposal where unit prices are
used), the value of all partially completed work at a fair and equitable price, and
the amount of ail Extra Work performed at the prices agreed upon, or provided for
by the terms of this contract, and a reasonable sum to cover the cost of any
provisions made by the CONTRACTOR to carry the whole work to completion and which
cannot be utilized. The ENGINEER shall then make final statement of the balance due
the CONTRACTOR by deducting from the above estimate all previous payments by the
-- OWNER and all other sums that may be retained by the OWNER under the terms of
this A~reement and shall certify sa~e to the OWNER who shall pay to the CONTRACTOR
on or before thirty (30) days after the date of the notification by the CONTRACTOR
_ the balance shown by said final statement as due the CONTRACTOR, under the terms of
this Agreement.
5-19
SPECIAL CONDITIONS
1. Owner: The "Owner" as referred to in these Special Conditions Ageeement
-- Specifications is Northwest Dallas County Flood Control District.
2. Engineer: The "Engineer" as referred to in these Specifications is Nathan
D. Maier Consulting Engineers, Inc., 8800 N. Central Expressway, Suite 300,
Dallas, Texas, 75231. Ail questions concerning the plans and specifications
should be directed to Nathan D. Maier Consulting Engineers, Inc., at
739-4741.
3. Location of ~ork: The work included in this proposal is located in
Coppell, Texas, and is delineated on the construction plans.
4. Project Description: The Contract consists of loading, hauling, placement
and compaction of off-site fill material in the Riverchase Development,
_ Coppell, Texas.
5. Insurance: The Contractor shall not commence work under this Contract
until he has obtained all the insurance required hereunder and such insurance
has been filed with and approved by the Owner. Approval of the insurance by
the Owner shall not relieve or decrease the liability of the Contractor.
-- Unless otherwise provided for in the General Conditions, the Contractor shall
provide and maintain, until the work covered in this Contract is completed and
accepted by the Owner, the minimum insurance coverages as follows:
a. ~orkmen's Compensation (lncludin~ Occupational Disease) Insurance in
accordance with the laws of the. State of Texas. Such insurance will
include coverage for Employer's Liability with a limit of not less
-- than $5,000,000 for any one occurrence.
b. ~prehensive General Llabilit~ Insurance: Such Insurance shall
-- ,provide bodily injury limits of not less than $5,000,000 per person
and $5,000,000 per occurrence and property damage limits of not less
than $5,000,000 per occurrence. This insurance will include the
_ following features and certificates will so indicate.
1. Contractual Liability
-- 2. Products Liability and Completed Operations
3. Explosion, Collapse and Underground Damage
c. Comprehensive Automobll~ ~iabtllty Insurance covering all owned,
nonowned and hired vehicles, with bodily injury limits of not less
than $5,000,000 per person and $5,000,000 per accident and property
damage li~it of not less than $5,000,000.
Before commencing the work, the Contractor shall furnish the Owner with a
-- certificate of Insurance showing the company or companies carrying the
aforesaid coverages with the effective date and expiration date of said
policies. Certificates shall provide that Owner shal] be given not less than
fifteen (15) days written notice of any cancellation or changes that affect
the coverage. If the expiration date of such insurance occurs during the term
of the Contract, renewal Certificate shall be furnished not less than fifteen
(1§) days before such expiration date.
Named insured shall be Northwest Dallas County Flood District and Dallas Power
and Light Company.
6. Safety Precautions: The Contractor shall comply with all applicable laws
including the Occupational Safety and Health Act of 1970, ordinances, rules,
regulations and orders of any public authority having Jut(sd(cation for the
safety of persons or property to protect them from damage, injury, or loss.
He shall erect and maintain, as required by existing conditions and progress
of the work, all reasonable safeguards for safety and protection, including
-- posting danger signs and other warnlngs against hazards, promulgating safety
regulations and notifying owners and users of adjacent utilities. The
Contractor will take extract safety precaution underneath or near overhead
_ power line.
7. Time of Completion: Bidder must agree to commence work on or before the
tenth (10) day following a written "Notice to Proceed" and to fully complete
the project within 365 calendar days thereafter.
8. Materials a~n~ Workmansh.~: No material which has been used by the
-- Contractor for any temporary purpose whatever is to be incorporated in the
permanent structure without written consent of the Engineer. All materials to
be used shall be new.
Where materials or equipment are specified by a trade or brand name, it is not
the intention of the Owner to discriminate against an equal product of another
manufacturer, but rather to set a definite standard of quality or performance,
-- and to establish an equal basis for the evaluation of bids. Where the words
"or approved equal" are used, they shall be understood to mean that the item
referred to shall be proper, the equivalent of, or equal to some other item,
-- in the opinion or judgement of the Engineer. Unless otherwise specified, all
materials shall be the best of their respective kinds and shall in all cases
fully equal to approved samples. Notwithstanding that the specifications in
connection with a material, manufactured article or process, the materials,
article or process specifically designed shall be used, unless a substitute
shall be approved in writing by the Engineer, and the Engineer shall have the
right to require the use of such specifically designated material, article or
-- process.
9. ~lq~ldated Damages for Delays: It is understood and agreed between the
-- parties hereto that time is of the essence of this contract, and that for each
calendar day of delay beyond the completion date of this contract (after due
allowance for such extension of time as is provided herein) the Contractor
shall pay to the Owner as liquidated damages for each calendar day of such
delay the sum of $500 it being understood between the parties hereto that such
sum shall be treated as liquidated damages.
To be negotiated after contract is signed.
10. Performance and Payment Bonds: The Contractor shall execute a perfor-
mance bond and a payment bond each in the amount of 100~ of the contract price
on the forms attached hereto and made a part of these Contract Documents. The
Contractor is required to bond the complete project prior to moving on to the
project slte.
11. Permits: The Contractor will be required to secure any permits required
for the execution of the Contract.
12. Addenda: Bidders desiring further information, or interpretation of the
p]ans or specifications, must make request for such information in writing to
the Engineer, prior to 48 hours before the bid opening. Answers to all such
requests will be given in writing to all bidders, in Addendum form, and all
Addenda will be bound with, and made a part of the Contract Documents. No
other explanation or interpretation will be considered official or binding.
Should a bidder find discrepancies in or omissions from the plans,
specifications, or other contract documents, or should he be in doubt as to
their meaning, he should at once notify the Engineer In order that a written
Addendum may be sent to all bidders. Any Addenda issued prior to 24 hours of
the opening of bids will be mailed or delivered to each Contractor
contemplating the submission of a proposal on this work. The proposal as
submitted by the Contractor is to include any Addenda if such are issued by
the Engineer prior to 24 hours of the opening of bids.
13. Delivery o~f Proposals: It is the responsibility of the bidder to deliver
his proposal at the proper time and to the proper place. The proposal shall
be delivered in a manila envelope with the appropriate job name on the outside
and if bidding more than one part shall provide separate envelopes. The mere
fact that a proposal was dispatched by mail, express, or otherwise, will not
be considered. The bidder must have his proposal in the hands of the proper
official before closing time. Bids received after the advertised closing time
will not be considered and will be returned unopened.
14. TeleEraphic modification: Bidders may modify their bids by telegraphic
communication at any time prior to the scheduled closing time for receipt of
bids, provided such telegraphic communication is received by the Owner prior
to the scheduled closing time, and provided further that the Owner is
satisfied that a written confirmation of such telegraphic modification over
the signatures of the bidder was mailed prior to said closing time. If such
written confirmation is not received within three days of said closing time,
no consideration shall be given to said telegraphic modification.
15. Barricades, Warning ~s, & Flares: Where the work on this project
creates a safety hazard to the general public, the Contractor shall furnish
and erect sufficient barricades and warning signs to warn the public of the
danger.
16. Execution o_~f Contracts and Bonds: The official form of contract will be
executed In four copies. The Contractor shall furnish a payment bond and a
performance bond each in the amount of 100 percent of the contract price, a
valid power-of-attorney proving that the agent has the authority to execute
the bonds for the surety, and a certificate of insurance of each of the four
official copies of the contract. The Contractor must execute the contracts
and furnish the bonds and other required documents within 10 days of the date
of the contract award. The Contractor will be furnished without charge five
"field copies" of the specifications and contract documents.
17. Right of Entry: The right of entry to the site of any project covered by
these contracts is reserved by the Owner, for representatives of the Owner,
Engineer, or the City of Coppell for the purposes of inspecting construction
both completed and in progress and materials on hand and installed.
6-3
18. !peclftcatton: Titles to items and paragraphs in these Contract
Documents are introduced merely for convenience and not to be taken as a part
of the specifications and are, furthermore, not to be taken as a correct or
complete segregation of the several units of material and labor. No
responsibility, either direct or implied, is assumed by the Engineer for
omissions or duplications by the Contractor or his sub-contractors, due to
-- real or alleged error in arrangement or matter in these Contract Documents.
19. Conform!SE with Plans: All work shall conform to the lines, grades,
-- cross-sections, and dimensions shown on the plans. Any deviation from the
plans which may be required by the existing conditions of construction will be
determined by the Engineer and authorized by him in writing.
20. Ditch Backfill: Backfills shall be compacted to 95 percent plus or
minus three percent of the maximum density determined by the Standard Proctor
Test (ASTM D-698). Soil moisture shall be maintained at or slightly above
optimum moisture value. Placement of backfill material shall be as noted on
the Drawings. Backfills shall be subject to testing by the Engineers.
_ 21. Subsurface Data: Logs of borings represent the conditions only at the
point of the boring at the time the boring was made and are furnished for
general information only.
-- 22. Lines and Grades: Pinal lines, grades and elevations shall be estab-
lished on the site by the Engineers one time only. If any final stakes
showing final lines and grades are removed or destroyed by Contractor,-subse-
-- quent establishment of lines and grades and placement of stakes shall be at
Contractor's expense.
~ further staking will be the responsibilltX of the Contractor. To
facilitate timely and efficient service, the Contractor shall give the
Engineer at least 48 hours notice of the need for stakes or other field
service.
23, Existing Utilities, Structures o~r Oth____e~ Propert_x:
m a. Prior to any excavation, the Contractor shall determine the loca-
tions of all existing water, gas, sewer, electric, telephone, tele-
graph, television, and other underground utilities and structures.
b. After commencing the work, the Contractor shall use every precau-
tion to avoid interferences with existing underground and surface
utilities and structures, and shall protect them from damage.
c. Where the locations of existing underground and surface utilities
and structures are Indicated. these locations are generally approxt-
_ mate, and all items which may be encountered during the work are not
necessarily indicated. The Contractor shall determine the exact
location of all items indicated, and the existence and location of
all Items not Indicated.
d. The Contractor shall repair or pay for all damage caused by his
operations to all existing utility lines, public property, and
-- private property, whether it is below ground or above ground, and he
shall settle, In total, cost of all damage suits.
e. To avoid unnecessary interference or delays, the Contractor shall
coordinate all utility removal, replacements, and construction with
the appropriate utility company.
24. Crossing of existing utilities is not a separate pay item. Ail labor and
materials related to the crossing of the existing utilities shall be paid for
as subsidiary to the other construction items.
25. Schedules: The Contract or will be requested to furnish a schedule for
the order of completion of the work with dates for the starting and completion
of each parcel. The fill operation will be done in the following order.
Phase I
1) Fill Rlverchase Drive to make a proper haul road. Fill to final
grade over existing boxes culverts and areas adjacent to the golf
course.
2) MF-2 and retail parallel to the railroad. Complete Riverchase Drive
from HacArthur Blvd. to the clubhouse site.
Phase I!
4) SF-O sites and clubhouse site.
Phase III
5) Complete Rlverchase Drive from clubhouse site to Sandy Lake Road.
6) Office site along east side of MacArthur Boulevard.
?) MF-! slte along east side of MacArthur Boulevard.
8) · MF-2 and retail along the east side of Riverchase Drive.
9) MF-2 along the west side of Rlverchase Drive and east of the power
line.
10) MF-! and retail site west of the power lines and east of the west
property line.
See Attachment "B" for parcel locations 6-7.
26. _Pa_2ment: Payment will be made for work completed on a monthly basis. Ten
(~0) percent will be retained until all work under the Contract is completed
and accepted by the Engineer and the Owner. All payments shall be approved by
the Owner.
27. Maintenance Bond: The Contractor shall furnish a Maintenance Bond as
required by the Northwest Dallas County Flood Control District in the amount
of 10 percent of the contract amount.
28. Removal of Defective and Unauthorized Work: All work which has been
rejected or condemned shall be repaired, or if it cannot be repaired satisfac-
torily, it shall be immediately removed and replaced at the Contractor's
6-5
expense. Defective materials shall be immediately removed from the site of
the work. Work done without line and grade having been given, work done
beyond the lines or not In conformity with the grades shown on the drawings or
as given, work done without proper inspection, or any extra or unclassified
work done without written authority and prior agreement in writing as to
prices, shall be done at the Contractor's risk, and will be considered unau-
thorized, and. at the option of the Engineer, may not be measured and paid
for, and may be ordered removed at the Contractor's expense. Upon failure of
the Contractor to repair satisfactorily or to remove and replace, if so direc-
ted, rejected, unauthorized or condemned work or materials Immediately after
receiving notice from the Engineer, the Engineer will, after giving written
notice to the Contractor, have the authority to cause defective work to be
remedied or removed and replaced, or to cause unauthorized work to be removed
and to deduct the cost thereof from any moneys due or become due to the
Contractor.
29. Final Completion: As used herein, the date of "Final Completion" shall
mean the date upon which the Engineer has certified that, to the best of his
knowledge, information and belief, and on the basis of his observations and
inspections, the work on the Project has been completed in accordance with the
Plans and Specifications. At the Owner's discretion, the Owner may declare
that Final Completion has occurred, notwithstanding the fact that certain
immaterial items remain to be accomplished. The Owner shall have no duty to
make such declaration. The work and the Project shall be "Finally Complete"
on the date of Final Completion.
30. In the event there is a conflict between the Special Conditions and any
other portion of the Contract, then the Special Conditions shall govern.
31. Clearin~ and Grubbing: The Contractor shall remove debris and clear
trees and vegetation, rubbish and other perishable or objectionable matter
except those marked to remain. The Contractor shall dispose of debris and
unsuitable materials by burning such materials in accordance with any permits
necessaFy to allow burning. Contractor shall obtain and pay for necessary
burn permits.
32. Fill: All fill material shall have a material Plasticity Index of less
than 30 and more than 5 unless approved by Owner, shall be free of debris and
other deleterious materials (including vegetation). All street right-of-way
shall have a material plasticity index of less than 20 and more than 5.
33. Top. oil: Before commencing on-site excavation, topsoil shall be removed
from the areas designated in the Plans and Specifications for excavation and
embankment. Objectionable material and foreign materials shall be removed
before placing topsoil in the stockpile. Spreading shall not be done when
ground or topsoil is frozen, excessively wet or dry, or otherwise in a
_ condition unsuitable for working. Slopes to be covered by topsoil shall be
placed concurrently with the fill.
34. Filling ~ ~R~g: All fill material shall be compacted to 95~
Standard Proctor density. The Contractor shall dump, the spread and mix
successive loads of material to give a horizontal layer of not more than 8
inches in depth, loose measurement. After each layer of fill has been spread
to the proper depth, it shall be thoroughly manipulated until the material is
uniformly mixed, pulverized and brought to a uniform moisture content within
3% of optimum for sandy soils and between optimum up to 5% above optimum for
clay soils.
Compact the fill material to a Standard Proctor Density (ASTM D-698) of not
less than 95% of maximum dry until weight at a moisture content within three
(3) percent of optimum for sandy soils and between optimum and five (5)
percent above optimum for clay soils.
No fill material shall be rolled until the layer of material has a uniform
moisture content which will permit the proper compaction under the degree of
moisture content which is the optimum for obtaining the required compaction.
Any material, whether undisturbed in-place or fill, having a moisture content
too high for proper compaction shall be dried by aeration until the moisture
content is lowered to a point where satisfactory compaction may be obtained.
If the moisture of the fill material is too low, add water to the material and
thoroughly mix by blading and disclng to produce a uniform and satisfactory
moisture content.
If, in the opinion of the Soils Engineer, the rolled surface of any layer or
section of the fill is too smooth to bond properly with the succeeding layer
of adjacent section, roughen by discing or scarifying before placing
succeeding layers.
35. Grading: All areas shall be brought to final line and grade within plus
or minus 0.3 foot by finish grading. 0fades not otherwise shown shall be
uniform levels or slopes between elevation points, and conforming to adjacent
graded areas.
36. Erosion Control: Prior to Final Completion of the work, Contractor shall
be responsible for erosion control and shall correct and remedy any areas
affected b~ erosion prior to Final Completion. After Final Completion of the
work, Owner shall be responsible for erosion control.
37. Contractor #ill not allow equipment or employees to enter the golf course
area.
38. The Contractor shall not delay traffic, due to their activity, for more
than 90 seconds.
39. The Contractor will cooperate with city officials on traffic flow along
Sandy Lake Road.
40. The Contractor shall leave the "61fco Property" with drainage and
topography agreeable to the Owner.
41. The Contractor shall move minimum of 12,000 C.Y. per working day. The
Contractor acknowledges that if the 12,000 C.Y. minimum is not obtained within
one shift, a second shift will be started immediately.
42. If there Is not sufficient material available from the "Gifco Tract" the
Owner reserves the right to have the Contractor haul material from an adjacent
tract at the same unit price.
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43. The Plasticity index of fill material shall be between 30 and $ unless
approved by the Owner.
44. The Plasticity Index for fill material placed within the right-of-ways of
Riverchase Drive and Fairway Drive shall be between 20 and 5.
45. Partial Pa~ents: On or before the 2$th day of each month, the
Contractor shall prepare and submit to the Engineer and Owner for approval or
modification, a statement showing as completely as practicable the total value
of the work done by the Contractor up to and including the 25th day of that
month. Payment requests may be submitted before noon on the Monday following
the 2$th if the 2$th falls on a Saturday or Sunday. Payment requests received
later than the above described times will not be considered for payment at
that time. All payment requests shall be accompanied by a sworn affidavit
from Contractor stating that all due and payable bills, invoices and payments
to subcontractors, suppliers, and material have been paid (unless funds for
such payment are included in the accompanying payment request or Contractor
has in good faith disputed the claim and provided Owner with evidence that the
claim has been bonded around in accordance with Chapter 53 of the Texas
Property Code).
46. At the time of final acceptance the Contractor shall receive final
payment provided the Contractor has furnished the Owner a complete release of
all liens arising out of this Contract or receipts in full covering all labor,
materials and equipment for which a lien could be filed, or a bond
satisfactory to the Owner indemnifying against any lien. If any lien remains
unsatisfied after ail payments are made, the Contractor shall refund to the
Owner an amount sufficient to discharge such lien, including all costs and
reasonable attorneys' fees.
47. Measurement of Work: Partial payments will be paid by Owner to
Contractor hereunder will be made on the basis of work perforned to a certain
period of time. The amount of'work performed during a certain period of time
shall be determined by monthly inspections and bi-monthly measurements to be
performed by the Engineer or his representatatlves, and such measurements
shall be made on the following basis:
The Engineer shall initially stake an area within the Project that is to be
filled and compacted pursuant to the Plans and Specifications. Upon the
Contractor's fill and compacting of material in such area in accordance with
the Plans and Specifications, the Engineer shall measure the number of cubic
yards of material compacted in place within the staked area, such measurement
to be according to the "average end area method" with before and after cross-
sections of the staked area to be performed by the Engineer and made available
to the Contractor upon request. The above described process shall be then
repeated for each subsequent portion of the work. Monthly estimates not
having cross-sections performed shall be based on the cubic yards per truck
load as obtained from prior months cross-section and corrections will be made
in months in which cross-sectioning occurs.
48. No delay will occur between phases.
49. Contractor will have to obtain permit to pump water from Denton Creek or
the Elm Fork of the Trinity River for processing of fill material.
50. Time is not of the essence in this contract.
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SPECIFICATIO~I STANDARDS
Al! work perforBed under this contract shall be done in accordance w/th the
Standard Specifications for the City of Coppell, Texas. #here Contract
Documents and the City of Coppell Standard Specifications do not adequately
-- describe material, methods of construction, and/or workmanship, the City of
Dallas Standard Specifications shall govern. Interpretation of Contract
Documents will be made by written Addendum only upon written request by
-- Contractor.
I AVAILABILITY OF FACILITIES
1. ELECTRICITY
Temporary electrical current that is required for lighting, testing and
use of motors and other related equipment, shall be provided at the
Contractor's expense.
2. HEATING
Natural gas heating i8 not available at the site. If the Contractor
de81res heating facilities, arrangement8 shall be made at his own expense.
3. MATER
Namer la not available at the site of the work. Mhen necessary to
transport water for drinking or to meet the work requirements, It shall be the
Contractor's responsibility to make sure arrangements at his own expense with
Public or Private utility companies to provide the required water for the work
project. Arrangements shall be made at the appropriate time of day or night
for the withdrawal of water.
4. TELEPHONE
Telephones required for field offices shall be provided at the
Contractor's expense and serviced until the project Is completed.
5. FACILITY CONNKCTXONS
All connections of facilities, meters,
deposits,
permits,
fees,
maintenance, and other items in connection thereto and related to the work
project, 8hal! be provided at the Contractor's expense.
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