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Vistas of C SL-CN 950531 CONTRACT DOCUMENTS FOR - SANITARY SEWER ALONG MACARTHUR BOULEVARD COPPELL, TEXAS FOR VISTA PROPERTIES, INC. 5950 BERKSHIRE LANE, SUITE 400 DALLAS, TEXAS 75225 - PREPARED BY: _ Carter ~ Burgess ConsuJfant~ in Engineering, Arc~feclure, P~onning oncl tl~e Env~ronmenf 7950 Elmbrook Drive, Suite 250 Dallas, Texas 75247 MAY 1995 TABLE OF CONTENTS SECTION NOTICE TO BIDDERS ................................................... A SPECIAL INFORMATION TO BIDDER ...................................... AA INSTRUCTION TO BIDDERS .............................................. B BID PROPOSAL ....................................................... C SPECIAL CONDITIONS .................................................. D SPECIFICATIONS FOR CONSTRUCTION .................................... E - STANDARD CONTRACT FORMS .......................................... F GENERAL CONDITIONS ................................................. G 95213201 .C02 SECTION A - NOTICE TO BIDDERS - Sealed proposals, in duplicate, will be received at the office of Carter & Burgess, Inc., 7950 Elmbrook Drive, Suite 250, Dallas, Texas, 75247, for the project and on the bid date listed below: Project: Sanitary Sewer along MacArthur Boulevard - Bid Date: June 2, 1995 at 10:00 a.m. Developer/Owner: Vista Properties, Inc. - 5950 Berkshire Lane, Suite 400 Dallas, Texas 75225 Bid envelopes must be sealed and addressed to the Developer as shown above, c/o Carter & _ Burgess, Inc., and shall bear the name of the bidder. The Developer reserves the right to accept or reject any or all bids and to hold the lowest bid _ and bid security for a period not to exceed thirty (30) calendar days before the execution of contract. 95213201.C02 A - 1 SECTION AA - SPECIAL INFORMATION TO BIDDERS -- I. LOCATION OF PROJECT East of MacArthur Boulevard and 1500 feet north of Deforest Road in Coppell, Texas. II. SCOPE OF WORK The work consists of a 10' sanitary sewer line along MacArthur Boulevard. The length of pipe is approximately 1400 feet with approximately 60 feet being an aerial crossing. III. PAYMENTS TO CONTRACTOR - Contractor shall submit to the Developer for approval monthly pay estimates for work performed. Estimates submitted by the 20th of the month will be paid by the 15th of the next month less a ten percent (10%) retainage. IV. PRE-CONSTRUCTION CONFERENCE -- There will be a pre-construction conference held with the successful bidder and the Engineer at the time the 'Notice to Proceed' is issued. - IV. TESTING LABORATORIES The testing laboratory shall be selected by the Owner. All testing shall be paid for by the _ Contractor. Any additional test required because of failing test results shall be performed at the Contractor's expense. 95213201.C02 ~- 1 SECTION B INSTRUCTIONS TO BIDDERS I. PROPOSAL FORMS The Bidder's proposal must be submitted in duplicate on the printed form furnished with _ these instructions. The blank spaces in the proposal shall be filled in for each item for which a quantity is given as may be required by the proposal for a completed work, and the Bidder shall state the price for which he proposes to do each item of work. The proposal shall be signed in ink by the person or persons making or authorized to make a bid. The legal status of the Bidder, that is, as a corporation, partnership, or individual, must be stated in the proposal. A corporation Bidder must name the state in which the organization is chartered. If the proposal is made by an individual, his post office address shall be given. Bids which are not signed by the individuals making them shall have attached thereto a power of attorney evidencing authority to sign the bid in the name of the person for whom it is signed. If the proposal is made by a firm or partnership, the name and post office address of the - managing member of the firm or partnership shall be given or the bid may be signed by an attorney-in-fact. If signed by an attorney-in-fact, there shall be attached to the bid a power of attorney evidencing authority to sign the bid, executed by the members of the firm or partners. Proposals which are signed for a corporation shall have the correct corporate name, _ thereof, its post office address and the signature of the president or other authorized officer of the corporation, manually written below the corporate name following the word "By " II. PROVISION CONCERNIN(~ ESCALATOR CLAUSES Proposals containing any condition which provides for changes in the stated bid prices due to increase or decrease in the costs of materials, labor, or other items required for this project, will be rejected and returned to the Bidder without being considered. III. ESTIMATES OF QUANTITIES The quantities listed in the proposal bid schedule are approximate. However, payments will be based upon measured quantities at the contract unit price unless specified as - 'Lump Sum'. 95213201.C02 B- 1 IV. PURCHASE Of EQUIPMENT TO MEET SPECIFICATIONS - It is the intent of these specifications to indicate a specific equipment description for which bids are to be received. Bids shall be based on the use of specified equipment and materials unless the Bidder has obtained prior written approval from the Engineer to - offer a substitute considered equal to or of superior quality to the items specified. Written requests for approval of substitutes shall be submitted to the Engineer no less than fourteen (14) days prior to bid date. Prospective bidders shall be notified no less than - seven (7) days prior to bid date of any substitutes approved by the Engineer. Bids based on the use of approved substitutes shall be accompanied by written modification outlining in detail the substitutes proposed. If use of substitutes requires changes or modifications in plans, the Contractor will reimburse the Engineer for the cost of such changes. V. BIDDER TO SPECIFY MATERIALS Where several types of materials are acceptable, as stated in the technical section of these specifications, the Contractor may submit his bid on any one type of material. The type of material selected for each type of construction shall be entered on the proposal and no change on materials will be allowed after the bid opening. VI. EXAMINATIONS OF PLANS. SPECIFICATIONS, AND PROJECT WORK SITE - Before submitting a bid, the Contractor shall carefully examine the proposal, plans, specifications, and all contract documents. He shall examine the site of work and satisfy himself as to the conditions which will be encountered relating to the character, quality - and quantity of work to be performed and materials to be furnished. Bidders are particularly required to examine, and are responsible for, all subsurface or underground conditions that may be encountered during the progress of the work. The bid shall cover - all expenses and disbursements in connection with subsurface work. The submission of a bid shall be conclusive evidence that he has complied with these requirements and that no submission for extra compensation will be presented with regard to the nature or _ amount of work to be done. VII. INTERPRETATION OF PLANS AND SPECIFICATIONS If any person contemplating submitting a bid for the proposed contract is in doubt as to the true meaning of any part of the plans, specifications, or other related documents, or finds discrepancies in or omissions from the plans and/or specifications, he may submit to the Engineer a written request for an interpretation or correction thereof. The person submitting the request will be solely responsible for its prompt delivery no less than three (3) days prior to bid date. 95213201.C02 B - 2 Any interpretation or correction of the Contract Documents will be made by an addendum duly issued, and a copy of such addendum will be mailed to all persons known to the - Developer or Engineer to have received a set of such documents. The Developer or the Engineer will not be responsible for any other explanations or interpretations of the Contract Documents. VIII. ADDENDA The Contract Documents are subject to revisions prior to the time fixed for the opening of bids by submitting the revision(s) in writing to all persons known by the Developer or _ Engineer to have secured such documents for the purpose of submitting bids. Addenda shall become an integral part of the contract and shall be reflected in the bids submitted. X. DELIVERY OF PROPOSAL Each completed proposal shall be placed in a sealed envelope so marked as to indicate - its contents. When submitted by mail, this envelope shall be placed in another envelope which shall also be sealed and addressed as indicated in the Notice to Bidders. Proposals will be received on or before the hour and date set for the opening thereof and - must be in the hands of the Developer by that time. - XI. REVISION OF PROPOSAL A Bidder may change a bid price entered in a proposal before it is submitted by changing - the price and initialing the revision with ink. In cases where the proposal has been submitted, a Bidder may change a bid price in his proposal provided his request to do so is submitted in writing and is in the hands of the Developer prior to the time set for the - opening of proposals. _ Xll. WITHDRAWAL OF PROPOSAL Any proposal may be withdrawn by the Bidder prior to but not after the time affixed for _ the opening of bids by written request. A request by telephone or telegraph for withdrawal of a proposal will not be considered. The withdrawal of a bid will not prejudice the right of a Bidder to file a new bid. Xll. PUBLIC OPENING OF PROPOSALS Proposals will not be opened and read publicly. 95213201 .C02 B - 3 Xlll. REJECTION OF PROPOSALS - Proposals may be rejected if they show alterations of form, additions not called for, conditional bids, incomplete bids, erasures or irregularities of any kind. The Developer reserves the right to waive any irregularities in the bids as received and to reject any and -' all proposals without qualification(s). More than one proposal from an individual, firm or partnership, corporation or association, under the same or different names, will not be considered. Reasonable grounds for believing that a Bidder is interested in more than .... one such proposal may cause the rejection of all proposals in which said Bidder is interested. Proposals in which prices are obviously unbalanced may be rejected. XlV. TIME OF AWARD - The award of the contract will be made within thirty (30) days after the opening of the proposals. XV. EXECUTION OF CONTRACT AND BONDS _ Within seven (7) days after written notification of award of the contract, the Bidder shall execute and furnish to the Developer the contract and Certificate of Insurance. The (1) performance bond and the (2) payment bond are to be furnished as a guaranty of the ~ faithful performance of the work and for the protection of the claimants for labor and material must also be submitted with the Contract Documents. XVI. CONSTRUCTION SCHEDULE Prior to Notice to Proceed by the Developer, the Contractor shall submit a detailed construction schedule to the Developer for review. This schedule will be used to assure completion of the job within the number of total days specified in the proposal. The Developer anticipates construction to begin on Monday, June 12, 1995. 95213201.C02 B - 4 SECTION C - Contract Documents for Sanitary Sewer along MacArthur Boulevard Coppell, Texas BID PROPOSAL FOR CONSTRUCTION OF SANITARY SEWER ALONG MACARTHUR BOULEVARD COPPELL, TEXAS TO: Vista Properties, Inc. c/o Carter & Burgess, Inc. - 7950 Elmbrook Drive, Suite 250 Dallas, Texas 75247 Gentlemen: .... The undersigned, as bidder, declares that he has carefully examined the Invitation to Bidders, the A.S.C.E. Standard Form of Agreement, the General Conditions, the Specifications, the Plans and Project Conditions for the work and other Contract Documents; and he proposes and agrees - that, if this proposal is accepted, he will contract to provide all necessary tools, equipment, apparatus, facilities, labor and transportation, and to do all of the work and furnish all of the materials specified in the Contract Documents required to complete the work as specified. If awarded the contract, I/we will execute the contract and furnish satisfactory performance and payment bonds in accordance with the Bid Documents. Bidder acknowledges receipt of the following addendum: No. 1 No. 2 No. 3 No. 4 Yours very truly, Address Bidder Telephone No. By - Title Date Seal (if a Corporation) 952132o1.CO2 C- 1 Contract Documents for Sanitary Sewer along MacArthur Boulevard - Coppell, Texas __ 0.01 COMPLETION SCHEDULE A. Estimated date of commencement: B. Number of calendar days to complete work after Notice to Proceed is issued: 0.02 EQUIPMENT ~;(;;HEDULE A. Indicate in space below the type and size of equipment and the minimum number of each type that will be in use for this project on any given working day on and - after date of commencement through date of completion (i.e., three scrappers, two grades, etc.): 95213201.C02 C - 2 Contract Documents for _ Sanitary Sewer along MacArthur Boulevard Coppell, Texas BID PROPOSAL FOR CONSTRUCTION OF SANITARY SEWER ALONG MACARTHUR BOULEVARD COPPELL, TEXAS - ITEM DESCRIPTION UNIT QUANTITY UNIT TOTAL PRICE SECTION A - SANITARY SEVVER SYSTEM 1. Removal of 12" PVC LS 1 $ $.~ - sanitary sewer line 2. Removal of 4' LS 1 $.__ $.__ diameter manholes 3. 10" PVC sanitary LS 1 $.__ sewer, complete with - bedding (all depths) 4. 4' diameter manhole LS 1 $ $ - 5. 18" Steel aerial LS 1 $.__ $.__ crossing, including supports, complete 6. Sawcut, remove and LS 1 $.__ replace concrete pavement 7. Connect to existing LS 1 $.__ $.__ 12' sanitary sewer '- 8. Trench safety LS 1 $,__ 9. Sanitary sewer LS 1 $.__ - testing Total Section A $ Signature of Bidder 95213201.C02 C - 3 Contract Documents for Sanitary Sewer along MacArthur Boulevard Coppell, Texas PROPOSAL FOR CONSTRUCTION OF SANITARY SEWER ALONG MACARTHUR BOULEVARD COPPELL, TEXAS ITEM DESCRIPTION UNIT QUANTITY UNIT TOTAL PRICE SECTION B - BONDS 1. Performance bond LS 1 $.~ $~ 2. Payment bond LS 1 $__ $~ 3. Maintenance bond LS 1 $~ $~ Total Section B $ Total Sections A and B $ - Signature of Bidder 95213201.c02 C- 4 Contract Documents for Sanitary Sewer along MacArthur Boulevard Coppell, Texas BID PROPOSAL FOR - CONSTRUCTION OF SANITARY SEWER ALONG MACARTHUR BOULEVARD COPPELL, TEXAS _ ITEM DESCRIPTION UNIT QUANTITY UNIT TOTAL PRICE ALTERNATE TO SECTION A 1. Removal of 12" PVC LF 954 $ _ sanitary sewer line 2. Removal of 4' EA 3 $ diameter manholes 3. 10" PVC sanitary LF 1376 $ sewer, complete with _ bedding (all depths) 4. 4' diameter manhole EA 3 $ $.__ _ 5. 18" Steel aerial LF 37 $__ $.__ crossing, including supports, complete - 6. Sawcut, remove and LF 159 $__ $ replace concrete pavement 7. Connect to existing EA 2 $~ $ manhole 8. Trench safety LF 1340 $__ $ 9. Sanitary sewer LF 1376 $__ $__ ._ testing Total Alternate Section A $ Signature of Bidder 95213201.c02 C - 5 SECTION D SPECIAL CONDITIONS DOCUMENTS AND SPECIFICATIONS APPLICABLE TO CONTRACT I. A. Standards Standard specifications, codes, rules and regulations referred to in these specifications by basic name or designation only shall be considered to be of the latest issue with all amendments as of the date of the advertisement for bids, unless one particular issue is specifically named. If no specification exists for any item, the City of Coppell Specifications will apply. Where standards in these specifications are in conflict with those of the City of Coppell, the City of Coppell standards shall apply. B. Standard Form of Aqreement General Conditions, Performance Bond and Payment Bond of the "Standard Forms of Agreement Between Owner and Contractor", shall apply to this contract. In the event of conflict or inconsistency between these Special Conditions and the · General Conditions, the Special Conditions shall control. II. CONTRACT DRAWINGS AND SPECIFICATIONS The information appearing on the contract drawings has been obtained from field surveys. The drawings have been carefully prepared and all information shown, but the Contractor must satisfy himself as to the actual conditions to be encountered. The successful bidder will be furnished with five (5) copies of all contract drawings and speci- fications without charge. Additional sets will be furnished upon request at printing cost. Reuse of these documents on work other than defined by this contract is strictly prohibited. III. PERMITS AND LICENSES The Contractor shall procure all Federal, County, State, and City permits and licenses, including business licenses, and pay all charges and fees for the same without recourse under the contract, and shall give all notices necessary for the lawful prosecution of the work. IV. COOPERATION BETWEEN CONTRACTORS - When two or more Contractors are employed on related or adjacent work or obtain materials from the same material source, or when work must be completed by one Contractor before another can begin, each shall conduct his operations in such a manner ~ as not to cause an unnecessary delay or hindrance to the other. 95213201.C02 D- 1 Each Contractor shall be responsible to the other for all damage to work, to persons, or to property caused to the other by his operations, and for loss caused the other due to - unreasonable or unjustified delays or failure to finish the work or portions thereof, or furnish materials within the time requested. -- The Developer, Owner or Engineer shall under no circumstances be liable or responsible for guaranteeing or assuring that any claims among Contractors shall be paid; and any representation, expressed or implied, that any Contractor to whom a contract is awarded is responsible or will be able to respond for damages is expressly negated. V. SOIL REPORTS Such soil reports and boring logs as have been obtained for the conditions in the construction area are available for examination at the office of the Owner. Neither the Engineer nor the Developer accepts any responsibility for the accuracy or completeness of said data. VI. ACCESS AND HAUL ROUTES The Developer shall approve the proposed access roads which shall be used for the movement of personnel and equipment. The initial access roads shall be subject to change by the Developer, occasioned by the progress of the work or unforeseen conditions. The Contractor shall be permitted to propose alternate routes in accordance with permit limitations imposed upon him by state, county or municipal road or highway departments. No change in haul routes shall be the basis for extra payment. VII. EXISTING UNDERGROUND FACILITIES The Engineer has made a reasonable effort to locate all underground facilities. The Contractor shall immediately report to the Engineer any additional underground facilities which he discovers. It shall be the Contractor's responsibility to determine the true location and depth of all underground facilities if their preservation is necessary to the existing Owner of said facility. VIII. CONSTRUCTION STAKING The Engineer will provide the horizontal and vertical data for the benchmarks shown on the primary control map. The Engineer will provide one set of construction stakes as described below for the facilities to be constructed under this contract. Excavation stakes for street and alleys shall include offset stakes at 100 foot intervals, P.C.'s, and intersections with a cut to top of curbed marked. In addition, one set of grade stakes shall be set at the front and rear of the pads on the lot lines to indicate grade and alignment. 95213201.C02 D - 2 Contractor shall be responsible for retaining stakes and resetting lost grade stakes. Any restaking charges will be back charged to the Contractor by the Developer. At least two (2) working days shall be allowed for construction stakes requested by the Contractor. The Contractor has five (5) working days after the "Notice to Proceed' has been issued to verify staking. If the validity of any staking monument is questionable, either to _ horizontal or vertical location, the Contractor will notify the Engineer who will check the monument(s) in question. Any control monuments found to be in error will be reset. There will be no charge to the Contractor for this service, and it is understood that neither _ the Engineer nor the Developer will be charged for any standby or "down' time as a result of such checking and/or resetting procedures. After the five (5) working days, the Contractor assumes the responsibility from the engineer for the accuracy and preservation of all survey stakes. The Contractor shall be fully responsible for the accuracy of all construction staking. - No additional stakes will be furnished, except as requested by the Contractor and paid for by him. This applies to all restaking for whatever reason, as well as for additional staking which the Contractor may request. Charges for restaking will be deducted from - the next progress payment. Staking Color Index: - Primary Control Pinkglo and White Boundary Pinkglo and Blue Traverse Line Pinkglo - Street Centerline Red Block and Lot Corners Blue and Yellow Clearing Pinkglo and Yellow _ Drainage Green Water Blue Sewer Yellow _ Manholes, Valves, White w/Blue, Green, Fire Hydrants, Inlets or Yellow Building Location White Only Soil Borings Red and Yellow During final inspection of the job, the Engineer will verify that all primary control monuments are still in place. Any missing or disturbed monuments shall be replaced by the Engineer at the Contractor's expense. - IX. PROTECTION OF TREES No tree shall be removed without the express written permission from the Owner or - his authorized representative. All trees that are not designated to be removed shall be protected from damage to their trunks and limbs, and the Contractor shall not allow any fill or excavation material to be piled at the base of any of the existing trees so that the 95213201.C02 D - 3 natural grade is raised. Any tree that is destroyed because of the aforementioned reasons shall be replaced at the Contractor's expense. Any tree of a specimen type that cannot be replaced in type and quality, or because of size, will be considered a value loss, and such trees will be assigned a net value of - $1,000. The Developer will submit an itemized statement for such tree loss and may charge same against the Contractor's pay estimates, and withhold payment for all damaged or destroyed trees until replacement. X. ,~TORAGE OF MATERIALS The Contractor shall at all times carefully and properly protect all materials of every description, both before and after being used in the work, and provide any enclosing or special protection from the weather deemed necessary by the Engineer, without additional cost. Partial payments will not relieve the Contractor of any of his responsibility in this regard. XI. ~AMPLES AND TESTING The Owner will select the testing laboratories for the different tests which must be accomplished in a laboratory such as soils, concrete, welding, etc., and the Contractor will pay for such services directly. The Contractor shall be responsible for seeing that - these tests are performed and that the Engineer is furnished current information as to when tests are to be made. -~ At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before delivery is started and before such material is used in the work. Representative samples of materials shall be submitted by the Contractor for - testing or examination as described by the Engineer. All tests of materials furnished by the Contractor shall be made in accordance with _ commonly recognized standards of national organizations and such methods and tests as are prescribed in these specifications. The Contractor shall furnish such samples of materials as are requested by the Engineer without charge. Materials being tested shall not be used until they have been approved by the Engineer. Samples will be secured and tested whenever necessary to determine the quality of the material. Any additional tests required because of failing test results shall be performed at the Contractor's expense. XII. ~;AFETY - The Contractor shall be responsible for the safety of himself, his employees, and other persons, 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 operation. 95213201 .C02 D - 4 All work shall be done in accordance with the Occupational Safety and Health Admini- stration, Safety and Health Regulations of the United States Government for construction - and all other applicable government regulations. - XlII. TIME OF COMPLETION AND LIQUIDATED DAMAGES The time set forth in the proposal for the completion of the work is an essential element _ of the contract. The Contractor and Developer understand and agree that a breach of this contract, as to completion on time, will cause damage to the Developer. The parties agree that each and every calendar day the work or any portion thereof shall remain _ uncompleted after the expiration of the time limit, the amount per day given in the following schedule will be deducted from the money due or to become due the Contractor, not as a penalty, but as liquidated damages and added expense of engineering and overhead. Amount of Damages Per Contract Calendar Day Under $ 1,000.00 10.00 $ 1,000.00 10,000.00 25.00 - 10,000.00 50,000.00 50.00 50,000.00 100,000.00 100.00 100,000.00 250,000.00 150.00 - 250,000.00 500,000.00 250.00 500,000.00 750,000.00 325.00 Over 750,000.00 400.00 The Contractor shall within 10 days from the beginning of any delay notify the Engineer, _ in writing, of the causes of delay. The Engineer shall ascertain the facts and the extent of delay, and his finding of the facts thereon shall be final and conclusive. XIV. CLEANUP Upon completion and before making application for acceptance of the work, the contractor shall clean all streets, borrow pits and all ground occupied by him in connection with the work of all rubbish, excess materials, temporary structures, and equipment. All parts of the work shall be left in a neat and presentable condition deemed satisfactory to the Developer. In general, cleanup operations shall progress during all phases of construction. Special cleanup conditions may be specified in the technical specifications. 95213201.C02 D - 5 XV. UTILITIES FOR CONSTRUCTION A. W{~ter Water for all construction purposes shall be supplied by the Contractor. B. Electricity_ _ The Contractor will be responsible for making his own provisions for electric power required for construction purposes and will pay all power cost. C. Teleoh0ne The Contractor will be responsible for making his own arrangements for telephone services at the construction site and will pay all cost. XVI. PRO~IE(;;T CONDITIONS A. Construction Specifications - In addition to the construction plans, facilities shall be built in accordance with the City of Coppell's specifications that apply for each project. All items listed are a part of the Contract Documents. B. Affidavit of Bills P~id - Prior to final acceptance of this project by the Developer, the Contractor shall execute an affidavit that all bills for labor, materials, and incidentals incurred in the construction of these improvements have been paid in full, and that there are no _ claims pending. The Developer will also require partial lien waivers for each progress payment _ made during the construction process. Succeeding progress payments will not be made unless a lien waiver is obtained for each payment. A bills paid affidavit shall also be executed at the acceptance of any and all payments. C. Contract Documents The Contract Documents are complementary so that what is called for by one is as binding as if called for by all. If the Contractor finds a conflict, error or discrepancy in the Contract Documents, he will call it to the attention of the Engineer, in writing, before proceeding with the work affected thereby. In resolving such conflicts, errors and discrepancies, the documents shall be given precedence in the following order: Agreement, Specifications, Drawings. Within the specifications, the order of precedence shall be as follows: Proposal, Special Provisions, Instructions to Bidders, Technical Specifications, General Conditions and Agreement. Figure dimensions on drawings shall govern over scaled dimensions, and detailed drawings shall govern over general drawings. Any work 95213201.C02 D - 6 which may be reasonably inferred from the specifications or drawings as being _ required to produce the intended result shall be supplied whether or not it is specifically called for. Work, materials or equipment described in words which so applied have a well-known technical or trade meaning shall be deemed to refer _ to such recognized standards. The Contractor assumes full responsibility for having familiarized himself with the nature and extent of the Contract Documents, the work locality, and local conditions, which may in any manner affect the work to be done. XVlI. INSURANCE Evidence of Commerical General and Automobile Liability insurance must be provided to the Owner prior to beginning work. Indemnity - To the full extent permitted by law, CONTRACTOR hereby agrees to save, indemnify and keep harmless "OWNER" and its agents, employees, successors and assigns from and against all costs, expenses, obligations, liabilities, claims, causes of action, judgements, -- or demands for damages, injuries or losses to persons or property arising out of, resulting from, or in connection with performance of the Work under this Agreement, including, but not limited to the loss, by theft or otherwise, or damage to any building - materials, equipment, tools, vehicles or other property of CONTRACTOR or any subcontractor of CONTRACTOR. CONTRACTOR will defend any and all claims or suits which may brought or threatened against OWNER in connection therewith and will pay on behalf of OWNER all costs and _ expenses of any nature which OWNER incurs by reason of such claims or suit (including, but not limited to, court costs and attorneys fees by or on behalf of OWNER in defending or investigating such claims or actions). Such payment by CONTRACTOR on behalf of OWNER shall be in addition to any and all other legal or equitable remedies available to In order to ensure fulfillment of the foregoing obligations, CONTRACTOR agrees to carry the following insurance coverage continuously during the term of this contract with insurance companies acceptable to OWNER; provided, however, that the maintenance by CONTRACTOR of the insurance coverage described herein shall in no way be construed to limit or discharge CONTRACTOR's obligations set forth in the preceding paragraph. Commercial General Liability Coverage Commercial General Liability Insurance on a Claim Occurrence Form containing a per occurrence or aggregate combined single limit of $1,000,000.00 providing protection - against bodily injury, property damage (Broad Form) and personal injury claims arising from the exposures of 1) premises-operations; 2) products and completed operations including materials designed, furnished and/or modified in any way by CONTRACTOR; -" 3) independent contractors; 4) contractual liability risk covering the indemnity obligations 95213201.C02 D - 7 set forth in this Agreement; and 5) property damage resulting from explosion, collapse, _ or underground (x, c, u) exposures. The Owner shall be added to the policy as a named insured. _ Automobile Liability Coverage Automobile Liability Coverage containing a $500,000 per occurrence and aggregate _ combined single limit of liability insuring against bodily injury and/or property damage arising out of the operation, maintenance or use of any auto including, owned, nonowned, hired, agent and employee auto use. The Owner shall be added to the policy as a named insured. Worker's Compensation Insurance - Worker's Compensation Insurance providing statutory benefits imposed by applicable state or federal law such that (a) OWNER will have no liability to CONTRACTOR'S employees and agents; and (b) CONTRACTOR will satisfy all Worker's Compensation obligations imposed by state law. Such Worker's Compensation Insurance shall provide for a waiver of subrogation. Should CONTRACTOR or any subcontractor of CONTRACTOR fail to provide a certificate evidencing such Worker's Compensation - Insurance, OWNER may withhold 10% of the amount otherwise due to CONTRACTOR hereunder. -- XVIII. TEMPORARY CONSTRUCTION EASEMENT Prior to start of construction, it will be the responsibility of the CONTRACTOR to obtain -- a temporary construction easement that will extend through completion of the project. END OF SECTION __ 95213201.C02 D - 8 SECTION E -- STANDARD CON~TRU(;TION ~PECIFICATIONS I. ~;TANDARD ~PE(~IFI(~ATION -- The City of Coppell Material Specifications for utility construction shall be a part of these contract documents. _ II. WATER PIPE A. Materials Materials supplied under the basic bid shall be PVC, unless otherwise specified on the plans, and shall comply with the standards listed. B. (;hlorin~ti0n The Contractor shall be responsible for complete chlorination and pressure testing - of all water mains and shall furnish a certificate from a certified bacteriological laboratory that all lines have been completely and fully sterilized. The certificate shall be approved and lines accepted prior to final payment. No additional - payment will be made for this testing. C. Thrust Blocks Concrete thrust blocks shall be poured against undisturbed earth that all plugs, tees, bends, valves, crosses, and flushing valves. No separate pay item. III. SEWER PIPE A. Materiel~ _ Materials supplied under the basic shall be PVC, unless otherwise specified on the plans, and shall comply with the standards listed. ._ B. Construction Ec~Jiprnent Excavation of sewer trenches may be done by a ladder-type trenching machine or a backhoe. C. House Le{~d M~rk~r~ All tees, wyes and stakes which directly receive a house connection shall be marked with plastic tape. 95213201.C02 E- 1 IV. STORM SEWER - A. Materials Materials supplied under the basic shall be RCP unless specified on the plans, - and shall comply with the standards listed. B. Construction Eouioment Excavation of sewer trenches may be done by a ladder type trenching machine or a backhoe. V. CLEAN-UP _ Clean-up operation shall progress with other phases of construction. All debris, broken pipe and equipment must be removed from the site. All areas must b backbladed prior to final acceptance. 95213201.C02 E - 2 SECTION F STANDARD CONTRACT FORMS 95213201.c02 - STANDARD FORM OF AGREEMENT - As Adopted By THE TEXAS SECTION OF THE AMERICAN SOCIETY OF CIVIL ENGINEERS Octobe~ 7, 1971 Revised November 17, 1928 -' Revised April 15, 1932 Revbed October 27, 1934 Revit~d October 19, 1945 -- Revised April 8, 1954 Revised April 21, 1960 Revised October 7, 1971 -- Approved is to Legal Form by l, d Counsel STATE OF TEXAS COUNTY OF,__ THIS AGREEMENT, made and entered into this day of , A. D. 19 , by and between -- of the County of and State of Texas. acting through __,thereunto duly authorized so to do, P~rty of the ¥ir~t Paxt, hereirmfter termed OWNER, of the City of . County of. and State of . Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements herein- after mentioned, to be made and performed by the Party of the First Part (OWNER), ami under the conditions expressed in the bond bearing even date herewith, the said Party of the Second Part (CONTRACTOR), hereby agrees with the said Part)' of the First Part (OWNER} to commence and complete the construction of certain improvements described as follows: _ and aH extra work in connection therewith, under the terms ~s stated in the General Conditiona of the Agreement and at his (or their) own proper cost and expense to furnish all the material, supplies, machinery, equipment, tools, superintendence, tabor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with the Notic~ to Contractors, Cener~l and Special Conditions of Agreement, Plans and other drawings and printed or written exptanatory m~tter thereof, and the Specifications and nddend~ therefor, as prepared by - herein entitled the ENGINEER. em'h ,,f wh,ch h~- Geen identified by the CONTRACTOR and the EN(;INEER. together with the CONT~R'S w~tten ~i. the Cene~ ~itio~ ,)f the Agr~ment. and the Pe~(,~am'e a.d l'ay~.t ~ he.to attach~: all of which ~ ~ a ~ he~Jf and c,,il~tively ex'ide~'e ami ~s~titute the ent]~ ~nt~. The CO~TRACTOR hereby a~'r~ea to commence work within ten (10) days after the date wrttten notie~ to do so shall have been ~iven to him, and to substantially complete the s~me e~lendar days ~'ithin workinf days Lfter the dat~ of the written notice to commence work,, subject to such extension~ of time a.~ &r~ provided by the ~ner~l a~d Special Conditions. TIlE O~,V]q£R &trees to pay the CONTRACTOR in current funds the price or priees shown in the proposal, which forms · p~rt of thf~ contract, such payments to be subject to the General &nd Special ~;,J.~.ior. s of the contract. IN ~I'N~ WHEREOF', the pa~les to these presents have executed this A~'eement in the yea~' ~nd day first above written. PM.~y of the First Pail (OWNKIt) Pail7 of the :~eond Piti (CONTRAb"T~R) By: By: A~EST: AT*FEST: PERFORMANCE BOND STATE OF TEXAS COUNTY OF. KNOW ALL MEN BY THESE PRESENTS: That of the City of. County of . and State of, , as principal, and authorized under the lava of the State of Texas to act as surety on bonds for principals, are held and f'u~ly bound unto. (Owner), in the penal sum of Dollars ($ ) for the payment whereof, the md Principal and Surety bind themselves, and their heirs. administrators, executors, mccessors and reigns, 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 raid Contract and shah in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in 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 !~ void; otherwise to remain in full force and effect: "PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of (Article 5160 for Publie Work) (Article 5479-d for Private Work)* of the Revised Civil Statute~ 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, ~iteration or addition to the tm of the contract, or to the work performed thereunder, or the plans, speci. fication~ or drawings accompanying the same, shall in anyway affect its obligation on this *Not applicable for federal work. Se~ "l'he M~ller Act," 40 U~q.C. S270. bond, and it does hertb) w&ive notice of &ny such ch&nee, ertension of t. ime. tltemtion or 8dditJon to the terms of the contruct, or to the work to be performed thereunder.' IN WITNKSS W~EREOF, the sa'.'d Pr~ and Surety have aifned &nd sea]ed this instru. ment thit day o{ ,19 . Add _r~t_ Add _l~n_ The n~me onc~ ~dclrum of the Resident Afent or Surut7 is: PAYMENT BOND STATE OF TEXAS COL',~rY OF KNOW ALL MEN BY THESE PRESENTS: That of the City of . County of , and State of , principal, and - authorized under the lawa of the State of Tezss to act ss surety on bond~ for principal, ~re held and firTuly bound unto in the penal sum of l~ollars ($ ) for the payment whereof, the said Principal and Surety bind themselves and their h~irs, trators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into · certain written contract with the Ow·ar, - dated tb~ day of , 19 , which eontraet ts hereby ~eferred to and made · pa.,-t hereof as fully a~d to the s~me if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, tlmt ff the said Principal shat] 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 b~ void; othe~rise to ~emain 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 ~,ceived, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the eontra~t, or to the work 9erformed thereunder, or the plan& specifications or drawings accompanying th~, same, shall in anywise affect frs obligation on this _ bond, and ft do~ hereby waive nottc~ of aa}, such change, extension of t/me, alteration or addition to the ~ of the contr~t, or to the work to be pe~ormed thereunder. - IN WITNESS WHEREOF, the said Principa~ and Surety have signed and sealed this instru. m~nt tht~ day of ........ 19 . Address Address. - The name anti nddre~ of the Resident Agent of Surer7 is: SECTION G O ENEPU~.. CONDITONS ~ 2. bspo,~bilitles of the F,n~JNr md the ContrKtM 2.01 0v~m,-h~ bh~oedlip ....................... O-~ _ ~ ~~ .............................. ~ -- ~ ~ U~ ~ LIO ~~~ ......................... ~ - LII ~ .............................. ~ L14 ~ ~~~~ ....................... ~ ~1~ ~~~ ......................... ~ ~.01 ~ ~ ~ ~ ~~m ~ ................ ~ $.~ ~u~ ~ ~ .......................... ~ ~.~ ~~ ~~ ........................... ~ 3.09 Protection A~l:nst Acczdent to £mploye~ and the Public ........... G-6 3.10 Performance and Payment Bond~ ......................... G~ ~ 3.~ ~ ~o~ f~m Natuf~ Cau~ ............................ G~ 3.~2 ProtecUon ol Adjom~ ho~n~ ........................ G~ 3.~3 ~ot~t:on Ataimt Ct~ of SubContractor, Etc ............... ~ - 3.14 hot~uon ~ai~ Royalt:~ or Patem~ Invent:on ................ ~T 3.15 ~t's ~ O~i~c~ ............................... ~T 3.16 ~nmmt ~ Sublett:M ............................ ~T -~ 3. IT lndemn~ca~ ................................. ~T 3.18 Con~Kmr's ~bGity I~rance ......................... ~ 3.18.~ Cefl~ca~ of I~n~ ............................. ~' 4. ~o~u~on and ~o~ - 4.01 ~me and Ord~ o~ CompieUon .......................... ~ 4.02 ~xte~on of ~me ................................ ~g 4.03 Hi~r~c~ a~ ~T~ .............................. ~ 5. ~e~rement and Payment - 5.01 Qu~tit~ ~ Me~memenu ........................... ~ 5.02 ~~ ~~ ............................... ~ 5.03 ~.ofW~ ................................... ~ 5.~ p~ Pa~ent .................................. ~I0 5.~ UM of ~mplet~ Pomo~ ............................ ~lO 5.~ ~n~ ~m~e~n ~d Accepun~ ........................ ~10 5.07 Fi~ Pa~t ................................... ~10 5.08 Pa~'menu ~thh~ ................................ ~10 5.~ ~lay~ Pa~en~ ................................ ~11 6. Extra Work and Claims 6.01 Charge Orders ................................... Oqll _6.02 Minor Chiz~es .................................. G-I 1 6.03 Extra Work .................................... G*II G*I2 6.04 T~me od' Filint Claims ............................. 6.05 Arbit.,ltion ..................................... G-Z2 7. Abandonment of Contract ?.01 Abandonment by Contractor ........................... 7.02 Abandonment by Owner ............................. G-14 TC*2 o u "**'"~ 'ds uu GENERAL CONDITIONS OF AGREEMENT 1. DEFINmON$ OF TERMS 1.01 OWh'~R, CONTRACTOR AND [:NG~ T~ OWNER, the CONTRA~R ami the ENGINEER are those ptreons or orsaniMtiof~ identified is such ia the Alteemem and are refereed to throulhout tl~ Contract Oocumenla is if sineular in number and masculine in lender. - The term KNGLNEF, R means the ENGINEER or his duly authorized representative. The NE£R thall be understood to be tbe ENGINEER of the OWNER, and nothinl contained in the Contract Oo~ulne~ts shall cream any contractual or ilency telationshil) between the F, NGINEER ' and the CONTRAC'I'OR. 1.0:2 CO~ DOCUME~qTS. The ~ontroet Documents sball.eonm~ of the Notice to - Contrietou. (Advmbementk Special Conditions (tnstruetiom to Blddersk PtOl~ .14,reement, Perfotmanee and Payment Bonds {when required). Special Bonds (when required), Genera] Conditions of the Alreement, Technical Specifications, Nam, and dl modifications theesof incorpouted in any of the documents before the execution of the nlreenseuL The ~ontraet Documents are complementary, and what is walled rot by any one droll be m binding is if calLd .foe by ail In card of conflkt betweeu any of the G0ntract Doeumentl, i~ "- of interpretation shall be in the following order: Si(ned ,~ment, l~errormanee and Payment Bonds. Special Bonds (if any). Proposal SperLtl Conditions of AfreemenL Not,co to Contractou, Technical SpeciPcations, Plans, and General Conditions of Afreement. ]..03 SUB. CONTRACTOR. The term Sub-Contractor, a~ ernpk)yed hereto, includes only those havinl a direct contract with the CONTRACTOR and it incJudesone who furnLd3es maM~id worked to · special design accordial to the plans or specifications o~ this work, but does no~ include one who merel7 furuishes maLerial not so worked. 1.04 WRfTTEN NOTICE. Written notice shall he deemed to have been duly served ir delivered in M~son to the individual or to o member ot the firm or to an ofrneer of the corporation for whom it is intended, or if delivered at or sent by relistered mail to the last business addrem known to him who lives the notke. 1.0,5 WORK. The CONTRACTOR shall proyide and pay for all material supplies, maehln- wry, equipment, ~ mporintendence, labor, serviee~ iAsuranee, and all weter, light, power, fuel transportation and other facilities necessary for the execution and completion of the work covered by the contract documentt. Unless otherwise specif'~ql, all materials shall be new and both workmarts~ip and materials shaft be of a Iood quality. The CONTRAC'~R shall, if required, furnish satisfactory ev~lence as to the kiod and quality of materials. MateriaJs or work described in words which so applied have & well known technical or trade meaninl shall be held to tefra, to such reco~ standards. ]..06 EXTRA WORK. 'l'ne term '*Extra Work" as used in this contract shah ~e understood to mean and include aB work that may be required by the ENGINEER or OWNER to be done by the CONTRACTOR to accomplish any chinle, alteration or addition to the work shown upon the pLun~ or reasonably implied by the specificationf~ and not covered by the CONTRACTOR'S Proposal, except as provided under "ChaAfes and Alterations", herein. ]..07 WORKING DAY. A "Workinl Day" is defined ts any d·y not including Saturdays, Sundays or any legal holid·ys, in which weather or other conditionf~ not under the control the CONTRACTOR~ witl permit construction of the principal units of the work for · period of not less than s~ven (7} hour~ between 7:00 a.m. and 6:00 p.m. · -- 1.08 CALENDAR DAY. "Calendar Day" ts any day of the week or month, no d·ys beinl excepted. .. - _ 1.09 SUBSTANTL4d, t,Y CO~. By the term "subs~ completed" is meant that the structm~ has been made suitable foe use or occupancy ot the facility is in condition to serve its intended purpoee, bgt still may requ~ minor miscellaneoes work and 1. P.I:SMIBILfflI~ Of TNE EN4;INE£R ~fD THE CONTRAcfOR 2.01 OUXUt~GtNF, E~ RS3,ATIONSNIP. The ~NGINEER wd! be the OWNF. R'S reprvsentative dmsq eotmructton. The dutiss, rtspoflslbilitm and limKatiOns of &uthority of tim ~NGLNF~R a flt~ OWNF, R'S t~pees~utiw dur~ construc~oa af~ as M; ro~th ia ~he Documeuu and dsdl am be extended or tim·tod without wti~tan eon·st of the OWNER nod I~IGIN££1L Tbo ENGI~ER viii advim and consult Wi~h the OWNEL and 811 of OWlqER~ infzructions m th CON"TRACTOR ~ tM in·ed throujb tim 2.02 i~ROF[:SSH}NAL INS~ON BY ENGINEER- The KNGINEER shall maim pm'bodic visiU to the sro to familhri~ himm~ let·lily v~th the ~ of the ezeemed work L~I tO detrain·ne if ·eh work ~ meets tim e~ntial perform·nor and desijn f0atmw and ezcej~ hoveur, thai the [:NGINEER dial[ not be ruspoMibb for makin~ any detail·d, exhem- t:vo, compeehemivo or continuo~m on-si~ ins~seflon o4' the quality or quantity of tim work or bo in ~ay -ay rus~on~ dirwdy or indirecOy, for the conm. uctioa mesas, m~bed& t~chniquas, as- que·ce~ quality, proeaduru~ pto~ ss~ety peecautlom or lock of same incident thereto eonoectSoa therewith. Notwithstandifq any other provision or this qremneut or any other Coetroet Docunum. the ENGINEER shall no~ bo in any way responsiblo or hmo for any 8eU, enors. omiss~om or nef~fsoeo of tbe CONTRAC'FOL any subeontr~*tor or any of th CO~Rq~ or subcontroctor's ·fonts. servants or emldoym or any otb~ person, firm or corporation pm. form* in~ ot attempti~ to perform &ny of the voek. 2.03 PAYMENTS FOR WORK. The KNG[NF. ER shall revbv (X)NTRA6"FOR"S nppllea~ons for ~aymeut and mppomn~ data, deter·me the amount owed to the C.,ONTRA~R and appmu. in uTitin~, paymeut to CO~CrFOR in such amounts; such approval of payment to CONTRAC- 'FOR constitut~ a repres0utation to the OWNER of KNGi~IEER*S ptofessiood judl:mem h the work has ~ to the point indJcat~l to the best or his Imovled~, information and blbf, but such Ip~ of an &ppliention for payment to CONTRACTO.R sha~ not bo dee·ed as · rugtuen~ by ENGINEER that KNGINEER has made any e2mmmauon to d~m'mim for vhet purpom CONTRA~R has used the moneys paid oa aeeount of th· Conuncl price. disputes and otber mauau in question between the CONTRACTOR and the OWNER rda~in~ to the ezeeutioe or ptojms of the work ot the intatp~ttetion of the Contract Document· sod tho i~IGINEER'S d0eision shaft be r~ndered in ~ within · ruasonabb time. ShouM tho ENGI- NEF. R fail to ·ab ·el decision within a retsonabb time, ·ppasJ to arbitration may bo as if his decisioa had beu r~dered afainst the ptrty appeal·nj. 2.0~ OB,I~L'FIONS. In the went tim KNGINEER rend~s &ny d~ision which, in the opmioo of either imrt'y ber~o, is not in &eeordane~ with the meanin~ and intent of this either Im'ty may f'de with the F. NGINF. ER within thirty days his written objection to th· dee·sion, ami by sueh 8orion may ruerve the right to submit the question so raised to arbi~ation as furnished by tho ENGINKER or his rtptesentattve. Whenev~ ueeessary, construction work shall be suspended to pm·Jr petYorm&n~ of this woek, but ·ch sur~ension win be u brie~ as practleaMe and the COb'TRACtOR dull be tllow0d no extra eomponastJon therefor. The CONTRACTOR shall li~e the KNG~ ample notice of the time and ptuct where lines and frades viii he needed. All stakes, msrkl, ere., shall he carefully preserved by the CONTRACTOR, lnd in casf or earebss d~u~ctJon o~ tumoral by him or his employee~ such stake~ nurk~ etc., shell be replaeed a~ the 2.07 CONTRAC'FOR'S DUTY AND SUi~~DENCE. The CONTRACTOR shall five odequ·te attamioe to the f·ithful prot~cution and compbtion of this contract and sh~ll heep the work, dufin[ its profrus, · competent superintendent and any Meessary afaistanea. -. superintendent dull repment the CONTRACTOR in his ·beonee and all dtroctJoM ~iven m hisa dull he as bindiq as if fiun to the CONTRACTOR. 'rqb~ C~0NTRAC'I~R ~s lnd it Ill t~mes shill remiss in ~nde~eM con~. rK~ ~ t~ mln~ i~ met~ o( compl~ ha w~ u~er ~wff I~ luWy ~ ~m the mel~ meth~ ~ mlnw ~ ~ormme ~ch such meth~ do ~t ~v~y i(~Kt ~e comp~et~ imp~enu, the O~ER ~ inW o~y *n the r~it obu~ Ind conformity o( wch complet~ im~u the pll~ ~l~ I~ con~. m i~ ~ ~ u weft u for t~ ~o~tion of the uf~ of the im~ovemenu and t~ ~ ~ hi~ or any ot~r ~n, u I r~lt ~ hh o~tmM br~. wo~ ~ b ~~ ~ f~m ~ thmu(h the ~~ ~lfl not ~ ~~ m su~ d~w~ ~~ ~ ~y ~r ~ch ~~m ~ w define ~o~ ~ d~ ~ ~ ite~ or d~e ~ by h~ d~ ~~ion. ~y ~ ~ w~k h pr~ or ~y ~t or o~~ d~ co~ ~ ~y c~~n o~ phM ~ s~ica~o~ by the ~G~ ~ ~y q~ employs. ~,~u of ei~ ~ ~. wheth~ thro~h ~i ob~ on tb pMj~ appro~ or ~p ~~ ~or ~em~r~ co~c~on or co~n ~~ or by or metb~, ~ ~ by the CO~~R to b for tb ~ ~ o~ co~itu~ ~ ~nm~, or for ~e pu~ or enabl~ CO~R ~omM ~ ~ ~ on ~e woj~, hd~ but wi~ ~n ~ or ~e fl~ for a~om~ ~ch ~omM ~n by ~ CO~R o~at~n by ~e ~G~, or ~y of hb reprmn~v~ ~ cafl~ to tb C~~ ~R~ a~n~n or not ~ ~ no way ~e CO~~R from hb r~bi~ty ~ ~m~ ~ work ~ ac~a~ vith ~d ph~ ~ s~fficitio~. 2.~ CON~~R~ UNDEr, DING. It h u~~ and acr~ that ~ CON* ~A~R h~ by c~efui ex~mation, ~t~ h~K u to the ~tu~ ~d I~ztZofl the co~om~ of ~e ~ou~. ~he ch~ac~, qu~ity and quan~ty of the m~rhb to b ~u~ ~r~, ~e ~~ of ~uipment and (ic~iti~ n~ p~iim~ M a~ du~M the pr~n the work, ~ f~ ~ I~ condit~m, and ~1 other mit~ vh~ can work u~ ~ ~n~. No ver~ ~ment or convemtMn ~ ~y oKJ~r, afent ~ emp~y~ of the O~ or ~G~EER eithff ~rore or afar the ex~ ~ thb contract. ~ ~ or m~ify any of the ~ or obl~tio~ hmin con~in~. 2.~ C~~R OF WOR~. ~e CONVAIR ~m to employ ofl~ o~eri)' a~ comwMnt men, sk~lrui in the wrfo~afl~ of the tyW of w~k r~uir~ under thb ~n~ct, to do the vo~: and ~m that whenever the ~NGINEER ~lll i~orm him iff writJnt that any man or men on the work ire, in h~ opinion, incompetent, unfaithful or d~rderiy, ~ch m~n ~ men shall ~ d~hi~ ~rom the work ~nd ~11 not aKain be employ~ on the work wi~ut the ~NGINEER~ written count. 2.10 CONT~OR~ BUILDINg. ~e buiidifll of ~ur~ ~or hou~flf m~, or the erKtion of renu or othff forms of proration, will ~ permitt~ only' at such phcfl u the ENGINEER ~lll dir~, and the ~flitary conditions of the frounds iff or ~ut such ~ctur~ shall at ail ~ ~ maifl~in~ iff a manner ~ actor~* to the ~GINEER. (;-3 - 2.11 SANITATION. NeceaaA' santLary cQnvemences rot the uN o( I~ren on ~he ~y ~ r~ pubiK o~a~ma. ~all ~ co~t~c~ I~ mim~ by t~ CO~~ ~R in s~h ~ ~ a~ tach ~mu u ~l ~ ap~v~ by the ENGINEER. ~ t~ 2.12 SH~ ~WIN~. ~e COCA'OR ~lii mbm~ to the ENGINKER. wi~ promptnm u to ca~ no dehy m h~ own work or in thlt ~ in~' oth~ Contractor. four c~k~ ~p~ u~ ot~m ~. ~ ~1 ~op ~/or Mtt~ drawm~ a~ ~h~ul~ ~uM ~ york ~ tb v~ t~ a~ the ~%GINEER G~I ~ u~n them with te~ble ~m~* ~G~ ~ ~ h~ two co~t~ ~pifl and furn~ ~ oth~ ~m u my ~ ~ ~G~R~ a~o~ of such drawls or ~h~ul~ ~ no~ ~1~ ~e CO~~R ~m ~b~ty f~ d~m~M from d~v~ or s~~ un~ he hu in ~ ~ .withh tb ~ t~e. ~eh ~ ~ ~ ~G~R ~ b for ~e ~ie p~ ~ de~h~ ~e ~Jcatio~ ~ ~ ~t reibve the CO~A~R of hh du~ n ~ i~e~nden~ ~n~ ~ pre~y ~ f~. it bei~ expr~y undent~ and ~ ~t ~e ~G~ d~ n~ ~e ~y du~ m ~ u~n the prop~ty or ad~uacy ~ m~ d~ or ~~ or ~y m~ ~ ~ refl~ th~eby, m ~iation to the ~ of ei~ ~n ~ pM~ d~ ~O~~R~ ~orm~ here~ff- o~M ~ ~ ~ for ~ f~~ by the CO~~R of ~ ma~ ~ ~ No f~m ~ ~n or ~ ~G~R to d~v~, ob~ m or ~emn ~y d~ v~k or ~ ~ r~m ~ CO~~R from the ob~a~M m fully ~ ~~ ~o~ ~e mn~ ~iud~ Mt~u~ ~utio~ the obl~a~n m at on, M~out, ~mou ~ - ~y ~ ~ ~e at any ~e p~r ~ fin~ accep~ u~ ~e d~ of ~ d~ w~ ot ma~: ~, how~, that ~ ENG~ER ~ u~n ~um of ~e CO~~ ~R, ~ ~ ~ or ~j~t ~y ma~ furn~, ~d h ~t the maM~ hn ~n on~ ~p~ by ~e ~G~R, ~ch ac~p~ ~ b b~d~ on ~e O~R, unl~ it c~y ~ovn ~t ~ch ma~ f~~ d~ no~ m~ the ~~ for t~ w~. ~y qu~ wo~ tony ~ orde~ ~en up or ~mo~ for ~m~ by tb ~G~ P~ m ~md a~ep~, a~ · fou~ not in ac~an~ ~th the s~catM~ ~ work, ~1 exam of remo~, r~~tion and ~ph~nt ~ b ~e by tb CO~RA~ o~ the ex~ th~ in~ ~ b ~ov~ ~ ~ WO~ ~ ~ pa~ f~ by ~ O~ER= pm~ th~ where ~n or appm~ ~ ~~ r~u~ by tb ~~M p~r to ~o~ o~ ce~ wo~, ~ouM ~e CO~ ~ with ~ch w~ without ~u~ p~r ~tion or ap~o~ he ~aH ~ aH exam of ~l up. remo~, ~ rephc~ thh wo~ if M d~t~ by the 2.~4 D~ ~D ~KIR E~ED~. It b further ~ ~t ~ the work or ~y th~f, or any mat~ brought on the ~M of the work for ~ ~ ~e work or Mi~t~ for the ~, ~ali ~ d~ by the ENG~EER ~ u~uitable or not ~ conformity with the s~- ~ntio~. the CO~~R ~ali. afar ~eipt of written notice their from the go,with renu ~ch ma~ri~ ~nd rebuild ~ othe~ rem~y such work ~ that it sb~ ~ m full accordan~ wi~ ~ ~ntract. 2.~5 CH~G~ ~D ~RA~ONS. %e CONVAIR fu~er ~ that the may make s~h cha~ a~ al~atio~ ~ ~e O~EE may ~ fi~ in the I~e, grade, form, dimensions. P~ ~ ~tff~ for the ~o~ h~in contp~la~, or any part the~f, either ~fo~ or after the ~nn~ ~ the co~ction, wi~out ~f~tm~ the valM~y of th~ contract ~d tb accompanytnJ ~~ ~ Payment ~ di, p.,,d -,~ ,.,pt .. ~.~. ,d ~o, u,.,t p?. ,--,~_ ._u,,_~__~...~,..--,.~...,.._'...~.~ .~. re. mt." tf th k,,mat ~ .m is iacr~um. ~ml. tn. w.opt ca. '."..~_'_:.'.,,=--"'L.-'".'.'~"..'T,-'E'..% pn~l. I~ la~. ~ .v.n. ............. ~. to . . .... ............ ~ a ...... otberwlt, such additional work shall bi paid ~ to,, p~,,~ ,,d,, t~n Wo, k. !, ~.-, th. 0 _',v~..~ ~.-- ~.=,..._--.~_, '--".7.,.~ ~. -'-.. ,,,., and for aa,/~tual bm o~ by tach chanl., due to actual expemm meun..~ m _ ~. ~ OI~GATXO~ AND ltl~'ON$1~XUTI~ ~s~~t~ accanil~ on the ~otit, with the rarest tev-mou nott<i thlwon- b~ ~. ~o~.,J~n aot .b. ~e~dd o. otb. :o~k. and. ~ tn..upuo. eoatra~ sets. u. to b. [.tum. d to i~m on request, at the completmn o! th. ~odt. All mod.b th. ptopeflT d th. OWNER. enmnc, ttnt ,ntinnn ami ~lesign,u. It is, metetor~, qre~_ mm u~. ,~ ....... .~...--~4~.klr~ d the omtionl of LI~ complem pro.'t; prov, u~_ ~ ,.~.,,-.~ · ----.---- · tlq . in wTit' f~t UW/'~P-,fl,- z ne pu~o~ of ~b eonpnanc. ~hall be u_pon tn. CO~.~c-t.~tt to..~ov. ~...~: said requ/rem~U d the. Contract Documents, approve~ moou:cauom tnereot ano a~l .vi--"' additions and alt~ationl 3.04 RIGHT OF ENTRY'. The OWNKR re~drves the right to en..a~ tho property or - on which th, vodn b,tt~n contracted for are to be eotwaueted ot instafied, by such agent or .apma as he may eleet, for the purp<~ of ~ th~ work. or for the purpole of _const:Mctt~ instxlUng such eohteral wodt as hid OWNER may dm. ot~.-,,~, ~ ~ ,,.l ,,.t. hi .,.,,~ .to th: ~.,p~.t,o..of. th. w~, .[~z____~_ L,~%.,..rn.,kc' TOR. except vl~m men aemys a.~ specuiczuy menuoneu ek~.,~',- -- *'.- '-~ contnct that .u ,odt must t~ ~.on~ t.M ,n m.at~i.d..mu~ b, .f~ m.a~t_c_o,_d_~_c.e.....,,-,,., OOC'dm~u[~ *- ~'"' ~ ' ' t~On Of the c011RIc~ tko ovo,. tl~t tht~ is gill any doubt as to the meaning and intent of any po . . ..... EER shaU define whseh ~s mtn, haled to apply to the wors. o, ' ' ' be resiMnmbl, for th~ ca:e, preservatmn, con~erfatlO.a, ~ pro..tt~__t~__n. p~d for such wodt. uatil the entire ~ork il completed and C.~ :>" '-' .... "' 3.04 DAM.4G~ in the E~ent the GoZ~rl~CTC)R b dami~d ~,, the courM of the comple- tion of cbc m by the act. M~kct, omamo~, mmike or def&uit o( th OWN£R. or of the ~G~F,~R. 0~ o! &ny other CX)N'I'I~CTOR emp4oyed by the OW~F3t Ulx)n the work. thereby csuung Ic~ to the CONTRAC'I~R. the OWNER agrm that he wdl r~imhm the CONTRACTOR for such Iou. la the event the OWNER is dammed ia the course o~ the work by the act, nel~enee, omm~on, remake or default of the CONTRAC'I~R, or dm~cl the CONTRACTOR untaaaonab~y delay the I)col~m o( the work bem~ done by others on the job so aa to eau~ Ions for whkh th~ OWNER becomn liable, then the CONTRACTOR shall reimburse the OWNER for such Ion. 3.09 /'ROTECTION AGAINST ACCIDENT TO F,,Mi~LOYEES AND THE PUBLIC:. The CO~TRACTOR shah at all times exercise reisonabie precautmns for the s&fety o( employees others on or neat the work and shah comply with all applicable prov~ons o( Fedsul, State, and - .',tun~c~pal sa/cry laws and huildin~ and construction codes. All maehiae~ and equipment and other phyacal hazards skall be tru&rded in accordance with the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America except where ineompatibk with Federal, State, or Municipal laws or ret~Jlations. The CONTRACTOR shall prov~le such maehiM~ ~vards, sa~e wallcways, ladders, bridces, fan,planks- and other nfety devices. The safety precaut~om actually taken ind their adequacy shah be the sole responsibility of the CONTRACTOR, latins at his discretion as in indepenti~nt contractor. 3.10 PERFORMANCE AND PAYMENT BONDS. Unless otherwis~ specif'~ed, it is further 3~'eed by the parties to this Contract that the CONTRACTOR will execut~ s~patate performance and payment bonds, each in the sum of one hundred 1100) percent of the total conu'aet price, ia standard forms for this purpose, k, vatanteeiM faithful performance of the work and the fulfillment of any fuatante~s required, and further [uaranteeinl p&.vment to ,11 penons svpp[yia~ [ibQc aJId materials or furnishin~ him any equipment in the execution of the Cont~aet, and it is MTNd that this Contract shall not be in effect until such performance and payment bonds ate furnished approved by the OWNER. . Unless othervise approved in wrJtJn~ by the OWNER, the surety company undetvril~q the bonds shall be acceptable accordinc to the latest list of companies hoidinf certificates of authority from the Secretary of the Treasury of the United States. _ Unless othermse specified, the cost of the premium for the performance and payment bonds shall be included ia the CONTRACTOR'S proposal. 3.11 LOSSES FROM NATURAL CAUSES. Unless otherwise specified, afl loss or damqe to · the CONTRACTOR armn~ out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance in the pros~:ution of the s,vne, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shah be sustained and borne by the CONTRAC'I~R at his own cost and expense. 3.12 PROTECTION OF ADJOINING PROPERTY. The said CONTRACI~R shaft take proper means to protect the adjacent or adjoininl property or properties in ~ny way encountered, which might be injured oF seriously ~ffected by any process of construction to be undertaken under this Afreement, from any damafe or injury by reason of smd process of corutruction: and he shall b~ I~able for any and all claims for such damqe on account of his failure to fully prott, ct all adjoininl property. The CONTRACTOR q~ees to indemnify, save =nd hold ha~ml~ the OWNER and ENGINEER against any claim or cliims for damafes due to any injury to any adjacent or 3djoinint property, zrisinf or fTowinf out of the performance of the contract: but any such indemnity shall not apply to any c~m of any kind L-isinf out of the existence or chataete, of the work. _ 3.13 PROTECTION AGAINST CLAIMS OF SUB-CONTRACI~RS, LABORERS, MATER. IALM~ AND FURNISHERS OF MACHINERY, E(~UIi'MENT AND SUPI'L/ES. The CONTRAC- TOR afrees tlut he will indemnify and save the OWNER and ENGINEER h~rmless from ali claims ~owir~ out of the lawful demands of sub-contractors- laborers, workmen, mechanics, materialman and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, includinl commissary, incurred in the furtherance of the performance of this eontracs- When so desired by the OWNER, tbt CONTRACTOR shall furnish satisfactory evidence that all obiJ~atioM od' the ~atute herem&b<)ve deulfla~ed have IMvo pad. d~~ or wa:v~. If t~ CO~A~R fid m~o do. then t~ O~E~ my at t~ unpa~ b~ of whKh the OWNER hM ~t~ not~. or wt~ un~ com~n I ~m of mo~y d~ ~~y - lawful c~m un~ ut~~ ~fl m fum~ t~ ~1 I~bilitm ~N ~ [ufly d~~. of fha ~n~ but in ~ ~t ~ 3.14 PR~ON AG~ ROY~~ OR PA~ ~. ~ ~N- any p~t or ~~t ~ ~ ~ from ~y ~ oB a~l ~, ez~ the p~M ~ a ~ m~ur~ on account th~. ~ ~o, ma~ ~ meat. tb CO~~R ~ b ~bb for tach contra~ or ~e v~. ~ ~ ~em~y any c~m ~ r~ ~e ~h~n of CO~~R ~ hh emp~y~ ex~ of the ~ntr~ ~umen~ ~ ~e ~~~R at va~ ~e~. he ~ ~om~ u~y the ~G~ h ~, ~ ~y n~ O~ER b a ~y ~tic ~ coyote, ~me t~law the obj~ for w~h, or ~ER may en~ into con~, ~1 contract, to ~e ~e eff~ ~ ~h em~i~ 3.16 ASSIGNMENT AND SUBLE1'I'llqG. The CONTRACTOR further al3reer that he viii retain personal control and will five his persona] attention to the fulfillment of this contract and that he will not assqn by Power of Attorney, or other~ <w sublet said contract without the written cor~ent of the KNG~ and that no part ot feature of the work will be sublet to anyone objectlonabhl to the KNG~ or the OWNKIL The (X3NTRACTOR further al3rNs that the subletttnl or any portion or feature o~ the work, or mata, iah required in the Performance o( this contract, shill not rtiiev~ the CONTRACTOR from his full obti~t~ns to the OWNER, m provided by this A4~eemem. 3.17 INDEMNIFICATION. The CONTRACTOR shill defend, indemnify &nd hold h&rmkm the OWNER and the £NGINEER ~ thei~ ttsoeetive officers, qents and employees, from and apinst all damMes, claims, Iou~ demands, suits, judfments and cost~ includinl reasonabb attorneys' ft,~ and expends, ari~n~ out of or resultin~ from the performance of the wca~ provided that any such damMes, claim, loss, demand, suit, jud[ment, cost or expense: (l} Is attributable to bodily injury, sickness, diMa~ or death er to injury to or destruction of taMible property {other than the work its44() inc~udin~ the JoM of use resultin~ therefrorA: and, O-7 O i M. k,..m (2) Lt caudml m whob oc mn part by ~y n~hlent act or om~on o( t~ ~~, ~y Su~n~c~r, aAyone d~rK~y or ~Ktiy employ~ by my oM ~ thru or anyone r~ whom ecu any o( them may b ~. ~~ ~ w~ff or not it i ca~ ~ ~ by i ~y ~e ~l~ ~ ~ ~~~R u~ff thh P~ph ~ ~t exM~ M ~ Ih~y o( the ~O~ ~ ~u ~ ~ym ~ out ~ ~e p~~n or ap~ of m~ k~ ~ f~~ ~ m ~ ~ ~ from e~t fo~ ~w w~ ~ ~ ~ ~ ~ ~ ~ ~~~R~ o~M unde ~ ~n~ vb~ ~ MM b by h~ ~ ~ ny ~n~ ~ by uyoM d~ ~ ~~ ~~ ~ ~ ~ (3) ~ r~ ~ ~m o~ ~fly hj~, ~ or b, ~ d~ (4) ~ r~~ ~ ~ hj~ m ~ d~~n or ~ 3.18.1 ~~A~ OF ~~~ ~o" ~e~ ny ~ ~e w~ ~~ ~R ~ ~ ~ ~ O~ v~ ~~ ~ ~~ a~b M ~e O~ ~ ~ ~ not b ~ un~ at ~ K~n da~' ~r ~ no~ hu ~ ~n M ~e O~ - t. I~ROSF, CUTION AND I~ROG~ 4.01 73MB AND ORDER OF COMP~ON. It is the meanin~ and intent of this eontnet, unless otherwise berth qMeiflcaily provided, that t~. CONTRAL"I'OR shall he allowed to prosecute his work at meh times end s~mone, in meh order of preeedenee, and in sueh mann~ u shall be most conducive to economy of eonstruetion: provided, however, that the order and the time o( pro~,eution dull be meh that the work shah be substantially completed as · whole and in part. m accordinee with this contract, the plans and specifications, and within the time of compb~m desi~natod in the l)ropond; lXov~ed, also, that when the OWNER ~s hivin~ other work done, either by contract or by his own rocca, the ENGINEER may direct the time and manMr of eonstruetinc the work done under this eontrnet, so that conftiet will be avoided and tim eonatruction of the various works bein~ done roi, th OWNER shall be harmonized. The C~ONTRAC~C)R did mbmJt, at such times as may reasonably be requested by th KNGINEER, schedubs which shah show the order in which the C:ONTRA6"FOR prom to carry on th work, with dates at which the ~-,ONTRAC~FOR will start the sma'al parts of the york, and estimated dates of completion or tim several parts. _ 4.0~ EX'FE:3qSION OF TIME. Should the CONTRACTOR be delayed ~n the completion 04' the eork by any act or ae~ o( the OWNER or ir~iGUqF~E:R~ o~ of &ny employee Q( either, Ge by o~ber eonuletoa employed by the OWlqER, or by chinles ordered ia the vo~ ~ by m'dc~ k)ckmll~ ~ and unusual ddays by common em'mL o~ unavoid&bb eaum or causm beyomd the C:ON'Zl~G'TOR~ control, o~ by my ciu~ which the EHG~ d~l decide jvsl~m tbs dday, them ia atension of time shall be allowed for compie~l the work. sufflc~K to compaasm for the dally, Lhe amount Q! the extension to be demmined by the E2qiG~ · provided, bowewr, that the CONTRACTOR shall live the i~iGINEER peomM not~ce in vriAifq or lbo canto o~ meb dday. 4.0~ ~ AND DELAYS. No claims shall be made by tat CONTRACTOR for damaem rem#in~.f~MB hindranem or delays from any cam (ezcep~ wberu the york is s~ by ordm~ of tho OWNER) d,m,q the proerum or any portion of the work embraced in this e0anueL tn caso.mid work d,-n be stopped by the act or the OWNER, then tach expeue u in the judpmm or the I~IGIHEER is caumd by such stoppqe or said work shall be paid by ~e OWNB~ to ~ S. M~ENT AND PAYMENT - 5.01 QUANTITIES AND M~ENTS. No extra or customary meuarsmems od &ny kind will be allowed, but the ~ctual meuured and/or computed lehigh, Let, solM contents, number end weight onky droll be considered, unleea otherwise specifically provided. 5.02 ESTIMATED QUANTITIES. This agreement, indudin~ the specifications, plans and estimat4, is intended to show clearly all work to be done and mat~al to be furnished hereunder. Wh4~ the ~ qaantit~ ar~ shown for the vinous dm of v, x4t to be dom and maurid to be furnisbod under this contract, they are approx~nate and aru Co be used only as a bash for ~ lb ptohabb eos~ of the work and for comparinf lb ptopoeals offered for lb vodt. It is u~ and agrend_that the actual amount or work to be done and mata~ial to be runtisbed unde this eontrm~ may differ somewhat from these estimates~ and that whe~ the ~ 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 uait price method, the CONTRACTOR a~tees that he viii make no claim for dama[es, anticipated prof'ms or othervue on account of any differences which may be found becwoeu the quant-ities of work actually done, the rnatA, riai actually furnished under this contrm~ and the estimat~i quantities contemplated and contained in the prop~; provided, ho,,eur, that in ~ the actual quantit7 of any major imm shouM become as much as 20% mot, than, or 20% len than the estimated or contemplated quan~ty for such item, then either party to this Agrtement, upon demand, shah be entitled to a revised consideration upon the portion of the work above or below 20% o~ the estimated quantity. A "Major Item" shll be construed to be any individual bid imm incurred in the propoasi that has a total co~ equal to or greater than f'rv, (5) per cent of the total contract cost, computed on the basis of the proposal quantifies and the contract unit prices. -. Any revised coMMent, ion is to be determined by a~reemeflt between the parties, otherwise by the terms o~ this .44teement, as provided under '*Kxt~a Work." 5.03 PRICE OF WORK. In consideration of the furnishin~ of all the necessary labor, -- equipment and material, and the completion of aH work by the CONTRA~R, and on the completion of all work and of the delivery of all material embraced in this Contrac~ in full conformity with the specifications and stipulations, hereto contained, the OWNER qreas to pay ~ the CONTRA~"TOR the prices s~t foKh in the PropoSal hereto attached, which has been made a part of this contras. The CONTRA~R hereby qrees to receive such prices in full for furnis~ ~11 material and all labor requirad for the aforesaid work. also for all expense incurred by hinl, and for weft and truly performin~ the same and the w-hob thereof in the manner and aecord~ to this A~reement. G*9 · - ,-- --= ~. -. - $.04 I~ARTIAL ?AYME:N'i~. On or be~ot~ t~ l~h day of ench month. ~he CO~RACTOR shall pre~ and mbmK to t~ KNGIN~ER tot app~val or m~ieatmn a s~tement completely u printable the toMl vM~ ~ t~ w~k done by t~e CO~A~R includin~ the I~ day of the ~i~ mon~: ud ~tement ~U ~ ~lude the ~u~ ma~ deliv~ on t~ Ute of the wo~ that ~ to ~ fab~ca~ bm the ~e O~ER ~lH then ~y the CO~~R on or ~fore the lSth day of t~ ~nt month the tot~ im~nt of the approv~ ~ment, I~ l0 ~ cent of the amount t~f. whKh l0 ~ cent ~ail ~ ~il~ un~ fi~ ~ymnt, i~ fu~hff ~ ~1 ~ and IH fu~ ~ that may ~ ~tam~ by the O~ER u~ the t~ of thb ~t. It ~ u~em~, howev~, that ~n c~ the who~ w~k ~ ne~ to ~mp~ a~ mm um~ and un~ d~y ~n due to no flu~ ff ~ on the ~ ~ ~ CO~~ O~ER ma~n ~t~n ~mm~atmn of th ~G~EER~y a ~ble ~ ~bk ~n of t~ ~m~ ~n~e to ~e CO~A~R. or the CO~~R at ~e O~ opt~n, may h ~1~ of ~ obl~aoon to fu~l~' complete t~ w~ ~, t~~ ~ ~N- ~~R ~ ~m ~ent of ~e ~ due him u~ the ~n~ ~b~ o~ co~i~m ~ u~ "~u~ - ~.~ USE OF ~OMfL~D fORTIONS. ~e O~ER ~ ha~ the ~ht to of ~d w ~y comple~ or p~ially comple~ ~Kio~ of the work, notw~ndi~ ~or comple~ the ent~ work or such ~o~ may n~ have exp~ but ~ ~ and ~ ~ not ~ d~m~ in accep~ of ~y w~k not com~e~ b ~~ ~nttaet ~umen~. ~ such prior u~ in~ ~e c~ of or de~ the w~ ~ ~~~R ~ ~ entit~ ~o such ex~ ~mpenu~n, or ex~on of time, or ~. u ~a ~G~ de~. ~e CO~~R ~ ~y th ~G~ when, b ~ ~~~R~ t~ ~n~ b '~~y ~mple~" ~ w~n ~ ~~ ~ ~G~ ~R ~ t~ ~ ~ ~G~ ~ ~t~ a de~ ~ of u~ ~. ~ w~ ~ ~ GO~~R~ ~ of unfi~ w~ ~d w~ ~d ~ tach not ~c~ W ~~~R from ~~ dl ~ ~ work u~~ w~ff ~ ~tuN, ~ ~e~y ~mp~ ~e ~u~ or fixity m a~~ wi~ ~e ~n~ ~umn~ S.~ ~ COMPL~ON ~D A~~CE. wigan ten (10} days ~ ~ ~N. ~A~R bu ~ven ~ ~GINEER wnt~n not~ that the work ~ ~n comp~ su~tWUy ~mple~, the ~G~E ~ ~e O~ ~ ~ ~e wo~ ~ t~e, ~ t~ wo~ ~ fou~ to ~ compl~ or ~ntwUy comp~ ~ a~o~ the ~n~act ~umenu, ~e ~G~R ~ W m t~ O~R ~ ~ ~~~R ~~ ~ ~mplet~n, a~ ~ereu~n it ~ ~ the duty of the O~R ~ ~ ~1~ da~ ~ ~ue b ~M of A~e~ce of the wo~ W ~e ~~~R or m ~ ~R ~ w~t~ of the te~n for non~ccep~. S.0Y ~ PA~. U~n the ~ of the ~l~ of ~mp~tion, ~ ~GI- NE~ ~ ~ to m~e final men,menu a~ ptep~ fi~ s~m~t of the vd~ work ~o~ ~d mathlab furn~h~ und~ ~e te~ of the ~ment ~ ~ to the 0~, who ~aH ~y to the CO~~R on or ~t the ~h day. and ~fo~ the ~th day, ~ the da~ of the Cer~icate of ~mpletion, the b~ due ~e CO~~R under the ~ of thb ~ffment, pto~ ~ ~ fully ~Kom~ hb conttnctu~ obl~ under the te~ of th~ contract= and ~ ~ent ~ ~ome due in ~y event u~ ~Koman~ by the CONCAVE. ~eith~ the Ce~fica~ of Accepun~ ~r ~e fi~ ~ent, nor any pro~n m the Con~ D~umen~, ~ ~l~ve the CON~~R of the obl~a~n for fulfilment of ~y wa,anty which may be r~u~. S.~ ffA~~ Wi~NELD. ~e O~ER may, on account of su~uently d~~ eviden~, wit~M or nullify the whole or ~ of any certifiea~ to ~eh ~tent nK~ to ~Kt hi~ from Io~ on ic~unt of: (a) [)efecuve wo~-not remedmd. (b) Clairol' filod ~ re~na~ ~enfl i~d~itm~ probable (il~ of (c) F~uN of the CO~~R to m~e ~ymenu pro.fy ~o su~ con~lc~ or f~ ~ ~ il~r. (e)~bb doubt t~t ~ wo~ cu ~ comp~ for the h~fl of t~ con~ (f)~bb ~~n ~t ~ work w~ ~ot h ~mph~ t~ cou~ ~ ~ m~e for mounU wJ~ ~l of ~. ~ ~Y ~ ~ ~~~R, ~ addi~n m ~ ~m ~ ~ d~ by t~n at ~ nM of ~ (6) ~ ~nt ~ ~um, u~ ot~ ~~, from l~u~a~ ~y ~j~ ~ ~ ~~~R ~ow~ out ~ ~ d~y ~ by ~ O~ ~ ~ ~m~o~ ~ pm~ ~ =A~~t 6. EXTRA WORK AND CLAIMS -- 6.01 CHANGE ORDERS: Without invalidating this Afreement, the OWNER may. at amy time or from time to time, order additions, deletions or revisions to the york; such ehanfm d be euthorized by Chant~ Order to b prepared by the ENGINEER for execution by tim OWlq~t -. ~1 t~ C,O~CTOR. Th~ Chan~e Order shall set forth the basis for any change in conUms price, u berein*flw set forth for EXtFa Work, and any chan~ in contract time which may rum# from the ehaneu. In the event the C, ONTR~CTOR ~ refuse to exeevte a Change Order which has preptred by th ENGINEER and exeevted by the OWNER, the ENGINEER may in inKruct the CONTRACTOR to proceed with the work u set forth in the Cban~e Order and tim CONTRACTOR may maim claim qainst the OWNER for Eztn Work involved therein, ss hmM. · /ter provided. 6.02 MINOR CH.~G~: The ENG~ may ·uUx~ize minor chant- in ineon~nt ~th the overall intent of the Contract Documents and ,.ot involving an Contract Price. If the CONTRACTOR believes that any minor change or alteration authorized by the ENGINEER involves Kxt~a Work and entitles hi.m tO an iflereaSe in the Contr~ the CONTRACTOR shaft make written request to the ENGINE:ER for a written Field Order. In such case, the CONTRACTOR by copy of his communication to the ENGINEER or otherwise in writing shah advise the OWNER of his request to the ENGXNEER for a Field Order and that the work involved may result tn an inereun in the Contract l)rJee. Any request by the CONTRACTOR for a change in Contract Price shah be made prior to beginning the work covered by the proposed change. - 6.03 EXTRA WORK: It is sgread that the bash or compensation to the CON'I3?,ACTOR for work either added or deleted by a Chsnwe Order or for which · claim for Extra Work is made dladl IM determined by on, or more of the foHowinw methods: G-Il - .~l~hod tA~-"By agreu~l unK pries: or ~h~ IB~By ~ lump sum: or ~ (C~ nel~er Meth~ (Al nor ~leth~ lB) ~ I~ upon befo~ ~ Exul Work · comincO, then the CONTRAC~R ~ - ~ ~ the "actual F~M ~" of the work, pl~ (ift~n (IS~ ~nt. In the event Md Kx~n Work ~ ~orm~ and ~:d for under Method (C). v~ o( th~ ~pb ~1 apply ~d the '*actu~ field c~" ~ he,by defin~ to m~ c~ to t~ CO~~R of iH workmen. ~cb u fo~m~, ttmek~, m~ la~ ~ ma~ mPPm. ~ ~ ~n~ on machin~ a~ ~u~pment, for mc~, ~ ~ ~ ~wff, furl, lu~e~ wa~ and ~ o~~ - n~ ~~ u~ ~ db~ on a~unt of ~ ~ Wo~, ~ei~ ~ Wo~'s ~m~m~n, ~ ~1 oth~ ~a~ u may ~ ~~ by any hw ~ or d~ by ~e O~ or by them ~ m. %e KNG~ my d~ct ~e f~ a~unU or ~e *'a~ ~mM c~" ~i ~ kept ~ the ~ of t~ a~oun~ ~ a~le ~ ~e ~G~ ~e ~G~ER or O~R may ~ ~Y h ~t~ v~ commu~ ~e m~ of doinc ~e work ~d the ty~ ~d ~ of mac~ m~nt ~ b ~: o~ thru matin ~ b de~m~ by the o~e~ ~ u~ ~e ~ for the ~ of m~bm~ ~ ~uipmnt ~ b rot ~ m or m~h~ ~ ~uipment ~ b h~~ h ~ u h~ d~ mu ~t when ~e ~~~R~ C~p ~ FieM ~ ~~ p~ on ~unt of ~ch ~ Wo~: then ~e ~ ~ ~~ ~ ~G~ h ~ ~ o~m ~ ~c~ ei~ o~ or ~, a~ M the CO~ ~R ~ ~vo~ ~ W~ f~ v~ch he ~o~ r~,e ~m~Oon or ~ adjust co~on ~, he ~ ~ ~tMn ~um ~ ~ ENG~ for ~t~n order ~ch ~ Wo~. ~ a d~mn~ of open ~ n ~ w~t d~ or d~ n~ ~ W~ or u M ~e ~t ~e~or, ~ the ~G~ ~ u~n iu ~e ~~~R ~ p~ wi~ ~e wo~ ~ m~ ~n ~u~ for (~). %e ~~~R ~ ~e~by p~ ~e ~t ~ ~bmi~ the mater of 6,~ ~ OF ~G C~* It h f~ ~ by ~th ~ ~ ~ ~ ~ (~) da~ m m~ ~ ,z~p~o~'~y ~e CO~~R ~ ~ d~ h ~. h ~ ~e Co~~R ~o~d ~p~ from the ~G~ d~o~ ~y de~ fw ~bi~bon ~ ~ ~ m~ ~e ~G~ ~d the ~ ~ m (10) ~ d~ ~e dam of deb~ m CO~~R of ~e ~ d~ ~ h r~ ~ thr f~ a~p~ ~ ~e work by tb O~ ~y, exn~ v~ ~M o~ ~ the ~n~ ~men~ ubiUr, ~~, ~ ~ b ~' oM ~ h ~ by ~ ~, ~ the 7. ~~ OF ~~~ 7~1.1 ~ O~my~~nem~y~fo~of~~ mm~~, the 0~; = a n~~ ~ fen~ c~h~n h ~e ~n~ of ~e ~t~n ~ ~e wo~ my contra for ~ ~mple~on of the wo~ u~ff m~~ ~e ~e ~ ~ m~M ~pr~h~n~cL lncm~yh~h~M~O~u~m ~c~m~~ymcb n~n~p~mbh~~atw~M~~ ~' ~1~ · - ~ ~ ~ -, When OM ~ dull bye ben subsmstmlly coml~ecod the CO~~ ~ hb S~y ~. ~ ~y ~o ~ due M ~ by ~ of tach ~~u ~ ~m~n. ~ ~y ~ ~ ~o~ M b due by ~ ~b ~ of the ~~~R ~ h~ Sure~y ~bj~ o~y o~ cm ~o pro~ ~ch p~. ~ F~n ~ rosy ~ tach ma~h~ne~, ~uipment, d~ r~m m~ ~ M ~e ~it of ~he CO~~R ~d hh a~ eider pub~ or ~iM ~e, m~ or wich~t ~, u ~e O~R my eJ~ %e O~ ~e ~b on · o~m p~ helm ~ vho~ ab~dou ~ v~k, ~ my ~move ~m ~ m~ on ~e iM of ~o~ ~t hu not bn ~d~ ~ hve not ~ ~o~ht hm ~e work. ~ ~~n of ~e ~ ~nt ~ by ~e CO~~ wo~ actu~y ~mplet~ by ~ CO~~R whe~ unit pn~ ~ ~), ~e v~ue of ~ pm~y comple~ wo~ pnff, i~ the ~ount of ~ ~ Wo~ ~o~ the ~ of t~ con~ic~ ~ a ~nible ~m to CO~A~R ~ c~ the whole work to comple~n ~G~ER ~ ~en m~e ~ F~ ~ment of the ~ due tb CO~~R by d~u~ ~ by the O~R und~ ~e M~ of t~ ~m~ ~d who ~ ~Y ~ ~ ~~~R on or brore ~ (M) days ~Mr the dam of ~e no~i~n by ~e ~~~R the ~ ~own by ~ fi~ ~ment u due the CO~~R, und~ the u~ ~ thb ~m~t. 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