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Woodridge-CN 801231 BID PROPOSAL CONTRACT DOCUMENTS AND SPECIFICATIONS FOR CONSTRUCTION OF WATER DISTRIBUTION SYSTEM AND SANITARY SEWER ^ND STORM SEWER SYSTEMS RIDGE SUBDIVISlO._Lg~ SECTIONS 1 & 2 COPP~LLAS COUNTY, TEXAS COPPELL MUNICIPAL UTILITY DISTRICT NO. 1 JOB NO. 500-0201-07 & 500-0202-07 CONTRACT NO. 1 DECEMBER 1980 AS PREPARED BY: THE LICHLITER COMPANY 3012 FAIRMOUNT SUITE #5 DALLAS, TEXAS 75201 THE LICHLITER COMP, ANY SU,VE¥., ADDENDUM NO. 1 January 3, 1981 ALL PLAN HOLDERS OF THE FOLLOWING: Woodridge Subdivision, Sections 1 & 2 Water Distribution System and Sanitary Sewer and Storm Sewer Systems. Coppell Municipal Utility District No. 1 Job No. 500-0201-07 & 500-0202-07 The following items are subsidiary to Item No. 26 of the Drainage Channel Proposal for the above referenced project and should be included in the Unit Price for said item. 1. Clearing and Grubbing of 16 Acres as shown on attached exhibit "A". 2e Placement and Compaction of excess fill dirt from ditch excavation to elevation and location as shown on attached exhibit "A", to be placed in accordance with Appendix II of the Subsurface Investigation by Southwestern Laboratories dated November 13, 1980. Available for review at the office of the Engineer. This Addendum shall be made part of this Bid and Contract Documents. /~ark D. Johnson THE T. ICHI',ITER 3012 FAIRMOUNT, SUITE 5, DALLAS, TEXAS 75201; 214-748-8201 I1~11111111111111111111 946.99 [~O?OSEP F"ILI. $17"~:'. FILl- '7'*0 PF-.JIGN^'T'£D ON Pf~AI,'v'IA/G /$ PA,~-i- OF ADPEA/DU/V? NO. / 5'00- o.~ol . ol ~ -~-oo. o..~o~ -0'7 F;LL 7'0 E'~ZV. /..o ~//-L 7-o THE DRIDGE ADDITION 26 BLOCKS 905 LOTS S89'1E EL, L.n, N. LAND CORP. 21OO BRYAN TOWER DALLAS, TEXAS THE LICHLITER CO. 5OI2 FAIRMOUNT AVE DALLAS. TEXAS THE LICHLITER COMPANY CONSULTING ENGINEERING-PLANNING- SURVEYING ADDENDUM NO. 2 JANUARY 14, 1981 Ail Plan Holders Of The Following: Woodridge Subdivision, Section 1 & 2 Water Distribution System and Sanitary Sewer and Storm Sewer Systems. Coppell Municipal Utility District No. 1 Job No. 500-0201-07 & 500-0202-07 Due to the problems with the availability of 1 cubic foot stone for Rip-Rap as per Item No. 29 of the Drainage Channel Items within the Proposal of the above referenced job, the Proposal will be changed to reflect a Concrete Lined Channel at the areas shown on the Construction Plans to be Rip-Rap with Cement Mortar Chinch. Item Number 28 Is To Be Revised As Follows: Description Quantity Unit Unit Price Total 28. 6" Reinforced Concrete, Including Re-Bars, Complete In Place 9,470 S.Y. Item Number 29 Is To Be Deleted In Its Entirety. This Addendum shall be made part of this Bid and Contract Documents. Mark D. Johnson THE LICHLITER COMPANY 3012 FAIRMOUNT, SUITE 5, DALLAS, TEXAS 75201; 214-748-8201 COPPELL MUNICIPAL UTILITY DISTRICT NO. 1 COPPELL, DALLAS COUNTY, TEXAS CONTRACT DOCUMENTS AND SPECIFICATIONS FOR CONSTRUCTION OF WATER DISTRIBUTION SYSTEM AND SANITARY SEWER AND STORM SEWER SYSTEMS TO SERVE WOODRIDGE SUBDIVISION, SECTIONS 1 & 2 JOB NO. 500-0201-07 & 500-0202-07 CONTRACT NO. 1 I !1 II! IV V VI VII INVITATION TO BIDDERS INSTRUCTIONS TO BIDDERS PROPOSAL STANDARD FORM OF AGREEMENT GENERAL CONDITIONS (Utilities & ) SUPPLEMENTAL CONDITIONS (Drainage Ditches) TECHNICAL SPECIFICATIONS 1. Special Provisions to Technical Specifications 2. Reference to Specifications for Sewer Construction, as Currently Amended 3. Reference to Specifications for Water Line Construction, as Currently Amended 4. Availability of Facilities 5. Timber Orderd Left in Trench 6. Excavation, Trenching and Backfilling for Utilities 7. Excavation and Backfill for Structures 8. Sewer Pipe 9. Water Pipe 10. Clean-up 11. Seeding 12. Fertilizer 13. Backslope Drains and Appurtenances 14. Concrete NB-1 1 THRU 5 P- THRU P- SF-1 THRU SF-4 1 THRU 27 1 THRU 27 Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Section 10 Section 11 ADVERTISEMENT FOR BIDS Seale~ proposals will be received by Coppell Municipal Utility District at the Offices of the Engineer, Richard Pierce Associates, Inc., 3109 Carlisle, Suite 206, Dallas, Texas, 75204, until 10:00 o'clock A.M., CST, Thursday the 15th day of January, 1981., for construction of: WATER DISTRIBUTION SYSTEM, SANITARY SEV~ER SYSTEM AND STORM SEWER SYSTEMS TO SERVE SECTIONS ONE AND TWO, WOODRIDGE SUBDIVISION, COPPELL, DALLAS COUNTY, TEXAS at which time and place the proposals will be publicly opened and read aloud. Any bids received after closing time will be returned unopened. Copies of all plans, specifications and other contract documents are on file and are available for public inspection in the Office of the Engineer, Richard Pierce Associates, Inc., 3109 Carlisle, Suite 206, Dallas, Texas, 75204, and may be purchased from them for Twenty ($20.00) Dollars for each set. No re- funds will be made. Bid security is to be furnished by each Bidder. It may be a cashier's check, a certified check or a bidder's bond in an amount equal to two (2%) percent of the maximum amount bid. No bid may be withdrawn after the scheduled closing time for receipt of bids for at least sixty (60) days. Coppell M.U.D. reserves the right to reject any and all bids and to waive infomalitie s. COPPEL~/~UNICIPAL UTILITY DISTRICT NO. 1 La~y Martin, President This documcnt has important legal consequences; consullation with an attorney is encouraged with rcspcc! lo its complction or modification. STANDARD. FORM OF :I.NSTRUCTIONS TO BIDDERS Jointly Issued by PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS . and by AMERICAN CONSULTING ENGINEERS COUNCIL and by CONSTRUCTION SPECIFICATIONS' INSTITUTE ~) 1~78, NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS 2029 K STREET, N.W., WASHINGTON, D.C. 20006 AMERICAN CONSULTING ENGINEERS COUNCIL 1155 ISTH STREET, N.W., WASHINGTON, D.C. 20005 CONSTRUCTION SPECIFICATIONS INSTITUTE 1150 IYTH STREET, N.W., WASHINGTON, D.C. 20036 These Instructions to Bidders have been .p. repared for use with the Owner-Contractor Agreements (NSPE-ACEC Docu- ment 1910-8-A-1 or 1910-8-A-2; CSI 56467, 56468, 1978 editions) and with the Standard General Conditions of the Con- struction Contract (NSPE-ACEC Document 1910-8; esl 56474, 1978 edition). Their provisions are interrelaled and a change in one may necessitate a change in the olhers. Comments concerning their usage arc contained in the Commentary to the Documents, NSPE-ACEC 1910-9, 1978 edition. NSPE-ACEC 1910-12(1978 Edition) CSI 56466 Reprinted 9-78 10M 1. Defined Terms. Terms used in these lnstruclions to Bidders which arc defined in thc Standard General Conditions of thc Construclion Con- tract, NSPE-ACEC Document 1910-8, CSI 56465 (1978 cdt- lions) have thc meanings asslgncd to them in thc General Con- ditions. Thc term "Successful Bidder" means the lowest, qualified, responsible Bidder to whom Owner (on thc basis of Owner's evaluation as hereinafter provided) makes an award. 2. Copies of Bidding Documents. 2.1. Complete sets of thc Bidding Documents in thc num- ber and for thc deposit sum, if any, stated in thc Advertise- mcat or Invitation may bc obtained from Engineer (unless another issuing office is designated in thc Advertisement or Invitation to Bid). 2.2. ~omplcte sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assume any re- sponsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3. Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3. Qualifications of Bidders. To demonstrate qualifications lo perform the Work, each Bidder must be prepared to submit within five days of Own- er's requesl written evidence of the types set forth in the Sup- plementary Conditions, such as financial da~a, previous expe- rience and evidence of authority to conduct business in the jurisdiction where the Project is located. Each Bid must con- tain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. 4. Examination of Contract Documents and Site. 4.1. Before submitting a Bid, each Bidder must (a) exam- ine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work; and (d) study and carefully correlate Bidder's observations with the Contract Documents. 4.2. Reference is made to thc Supplementary Condit'ions for the identification of those reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which have been relied upon by Engineer in preparing Ibc Drawings and Spccificatlons. Owner will make copies of such reports available to any Bidder requcsti'ng them. These reports arc not guaranteed as to accuracy or completeness, nor are they part of thc Contract Documents. Before sub- mitting his Bid each Bidder will, at his own expense, make such additional investigations arid tests as the Bidder may deem necessary to determine his Bid for performance of thc Work in accordance with thc time, price and other terms and conditions of thc Contract Documents. 4.3. On request Owner will provide each Biddcr~acccss to the site to conduct such investigations and lents as each Bid- der deems necessary for submission of his Bid. 4.4. The lands upon which the Work is to bc performed, rights-of-way for access thereto'and other lands designated for usc by Contractor in performing thc Work are idemificd in the Supplementary Conditions, General Requirements or Drawings. 4.~'. The submission of a Bid will'constitute an incontro- vertible representation by the Bidder that he has complied with eYery requirement of this Article 4 and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and condi- tions for performance of thc Work. 5. lnlerpretations. All questions about the meaning or intent of the Contract Documents shall be submitted to Engineer in writing. Replies will be issued by Addenda mailed or delivered to all parties re- corded by Engineer as having received thc Bidding Docu- ments. Questions received less than ten days prior to the date for opening of Bids will not be answered. Only questions an- swered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 6. Bid Security. 6.1. Bid Security shall be made payable to Owner, in an amount of five percent of the Bidder's maximum Bid price and in the form of a certified or bank check or a Bid Bond (on form attached, if a form is prescribed) issued by a Surety meeting thc requirements of paragraph 5.1 of the General Conditions. 6.2 The Bid Security of the Successful Bidder will be re- tained until such Bidder has executed the Agreement and furnished the required Contract Security, whereupon it will be returned; if the successful Bidder fails to execute and de- liver the Agreement and furnish the required Contract Secu- rity within 15 days of the Notice of Award, Owner may an- nul Ihe Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of any Bidder whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the sev- enth day after the "effective date of the Agreement" (which term is defined in the General Conditions) by Owner to Con-. tractor and the required Con[tact Security is furnished or the sixty-first day after the Bid opening. Bid Security of other Bidders will be returned within seven days of the Bid opening. '/. Contract Time. The number of days within which, or' thc dale by which, the Work is to be completed (the Contract Time) is set forth in the Bid Form and will be included in the Agreement. g. Liquidated Damages. Provisions for liquidated damages, if any, are set forth in the Agreement. 9. Substitute Material and Equipment. The Contract, it awarded, will be on the basis of material and equipment described in the Drawings or specified in the Speci- fications without consideration of possible substitute or "or- equal" items. Whenever it is indicated in the Drawings or specified in Iht Specifications Ihal a subslilule or "or-equal" ilem of material or cquipmcnl may bc furnished or used by Contraclor if acccplablc IO Engineer, application for such ac- ceptance will not be considered by Engineer until after *'cffcclivc date of thc Agrecmcnl". The procedure for submit- Iai of any such application by Conlractor and considcratlon by l::nginccr is set forth in paragraphs 6.'7, 6.'/.! and 6.'7.2 of Ibc General Conditions which may be supplcmcnled in thc General Rcqulremcnts. 10. ,%u~bcnntraclors, etc. 10.1. If the Supplementary Conditions require the identity of cerlain Subcontractors and other persons and organiza- lions to be submitted to Owner in advance of the Notice of Award, the apparent Successful Bidder, and any other Bidder so requested, will within seven days after thc day of thc Bid opening submit to Owner a list of all Subcontractors and other persons and organi~:ations (including those who are to furnish the principal items of material and equipment) proposed for those portions of lhe Work as to which such identification is so required. Such list shall be accompanied by an experience statement with pertinent information as to similar projects and other evidence of qualification for each such Subcontractor, person and organization if requested by Owner. If Owner or Engineer after due investigation has reasonable objection to any proposed Subcontractor, other person or organization, either may before giving the Notice of Award request the apparent Successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent. Successful Bidder declines to make any such substitution, lhe contract shall not be awarded to such Bid- der, but his declining to make any such substitution will not. constitute grounds for sacrificing his Bid Security. Any Sub- contractor, other person or organization so listed and to whom Owner or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed ac- ceptable to Owner and Engineer. 10.2. In contracts where the Contract Price is on thc basis of Cost-of-thc-Work Plus a Fee, the apparent Successful Bidder, prior to the Notice of Award, shall identify in writ- ing to Owner those portions of the Work that such Bidder proposes to subcontract and after the Notice of Award may only subcontract other portions of the Work with Owner's written consent. 10~3. No'Contractor shall be required To employ any Sub- contractor, other person or organization against whom he has reasonable objection. il. Bid Form. 11.1. The Bid Form is attached hereto; additional copies may be obtained from Engineer. I i.2. Bid Forms must be completed in ink or by type- writer. The Bid price of each item on the form must be stated in words and numerals; in case of a conflict, words will take precedence. 11.3. Bids by corporations must be executed in the cor- porate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secrelary. The corporate ad- dress and state of incorporation shall be shown below the signature. 11.4. Bids by parinerships must be executed in the partner- ship name and signed by a partner, whose title must appear under the signaturc and thc official address of l~e partner- ship must be shown below the signature. I I..5. All names musl bc lyped or printed below the signa- lure. 11.6. The Bid shall contain an acknowledgment of receipt of all Addenda (thc numbers of which shall be filled in on the Bid Form). · !1.7. The address to which communications regarding the Bid are to be directed must be shown. 12. Submission of Bids. Bids shall be submitted at ihe time and place' indicated in the Invitation to Bid and shall be included in an opaque sealed en- velope_ marked with the Project title and name and address of the Bit'der and accompanied by the Bid Security and other re- quired documents. If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a sepa- rate envelope with the notation "BID ENCLOSED" on the face thereof. 13. Modification and ~,'ithdrawal of Bids. 13.1. Bids may be modified or withdrawn by an appropri- ate documenl duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 13.2. If, within twenty-four hours after Bids are opened, any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfac- tion of Owner that there was a material and substantial mis- take in the preparation of his Bid, that Bidder may withdraw his Bid and the Bid Security will be returned. There:after, rhat Bidder will be disqualified from further bidding on the . Work. ' 14. Opening of Bids. (Cross out inapplicable word) Bids will be opened (publicly) (privately). 14.1. When Bids are opened publicly they will read aloud, and an abstract of the amounts of the base Bids and major alternates (if any) will be made available after the opening of Bids. 14.2. When Bids are opened privately, an abstract of the ' same information will (not)be made available to Bidders within seven days after the date of Bid opening. 15. Bids Io Remain Open. All Bids shall remain open for sixty days after the day of the Bid opening, but Owner may, in his sole discretion, release any Bid and return the Bid Security prior to that date. 16. Award of Contract. 16.1. Owner reserves the right to reject any and all Bids, to waive any and all informalities and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive or conditional Bids. Dis- crepancies between words and figures will be resolved in favor of words. Discrepancies between the indicated sum of any column of .figures and the correct sum thereof will be resolved in favor of the correct sum. 16.2. In evaluating Bids, Owner shall consider the qualifi- cations of the Bidders, whether or not the Bids comply with Iht prcscribcd requirements, and ahcrnalcs and unil prices if requcsled in thc Bid forms. Il is Owner's intent Io accept al- ternates (if any arc accepted) in the order in which they are lisled in Ihe.Bid form but Owner may acccp! them in any order or combination. ..- 16.3. Owner may consider the qualifications and experi- ence of Subcontractors and other persons and organizations (including those who are to furnish the principal items of material or equipment) proposed for those portions of the Work as Io which the identily or Subcontractors and other persons and organizations rnusl be submitted as provided in Ih¢ Supplementary Conditions. Operating costs, main- Ienancc considerations, performance data and guarantees of ~:naterials and cquipment may also be considered by Owner. 16.4. Owner may conduct such investigations as he deems necessary to assisl in the evaluation of any Bid and to estab- lish thc responsibility, qualifications and financial ability of the Bidders, proposed Subcontractors and other persons and organizations to do the Work in accordance with the Con- Iract Documents to Owner's satisfaction within the pre- scribed time. 16.5. Owner reserves thc right to reject the Bid of any Bid- der who does not pass any such evaluation to Owner*s satis- faction. 16.6. If the contract is to be awarded it will be awarded to the lowest Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project. 16.7. If the contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within sixty days after the day of Ihe Bid opening. 17. Performance and Olhrr Bnnds. Paragraph 5.1 of Ih¢ General Conditions and Ihe Supplemcn- lary Condilions set forth Owner's requirements as to per- forrnance and other Bonds. When the Successful Biddcr dclive?s the ~'xecuted Agreement Io Owner it shall be accom- panied by the required Contract Security. 18. Signing of Agreemenl. When Owner gives a Notice of Award to the Successful Bid- der, it will be accompanied by at least three unsigned counter- parts of.the Agreement and all other Contract Documents. Within fifteen days thereafter Contractor shall sign and de- liver at least three counterparts of the Agreement to Owner with all other Contract Documents attached. Within ten days thereafter Owner will deliver all fully signed counterparts to Contractor. Engineer will identify those portions of the Con- tract Documents not fully signed by Owner and Contractor and such identification shall be binding on all parties. 19. Special Legal Requirements. [Insert provisions as applicable re (a) statements required by federal, state or local law or regulation or funding agency or appropriate reference thereto; (la) Bid pricing requirements on base bid alternatives, cash allow- ances (see paragraph I I.IO of General Conditions), unit prices and acceptable combinations; {c) prepurchasing by Owner and subfequent assignment or purchase order to Contractor; (d) Owner's special tax exemption; (e) detailed description of Work with cross-reference to General Requirements; and {f') division of Work into separate parts wi~h cross-reference to Gen- eral Requirements.] DEFINITION OF TERMS Wherever in these specifications or in the contract or bond, the following items or pronouns in place of them are used, the intent and meaning shall be interpreted as follows: 1. OWNER: 2. ENGINEER: 3. PROJECT REPRESENTATIVE: 4. BIDDER: 5. CONTRACTOR: 6. SUPERINTENDENT: 7. SURETY: 8. LABORATORY: 9. PROPOSAL: i0. PROPOSAL GUAR3LNTY: I 1. PLANS: The party of the first part, the in- dividual, firm or corporation making payment for performance of the work under provisions of the contract. Richard Pierce Assoc., Inc., Consulting Engineers, or their authorzzed representative. The authorized representative of the Engineer assigned to observe and review any or all parts of the work and the materials to be used therein. An individual, firm or corporation sub- mitting a proposal. The individual, firm or corporation,party of the second part, with which the con- tract is made by the Owner. The authorized representative of the Contractor. The corporate body which is bound with the Contractor for the faithful per- formance of the work covered by the contract. Any recognized testing laboratory approved by the Owner. The offer of the bidder, made out on the prescribed form, giving prices for performing the work described in the plans and specifications. The security designated in the proposal and furnished by the bidder as a guaranty that the bidder will enter into a con- tract if awarded the work The plans, profiles, typical cross- sections, ge?erai cross-sections, working drawings and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions and details of the work and which are a part of the contract. -5- SEQUENCE OF CONSTRUCTION 1981 FEB. MAR. APR. MAY JUNE JULY AUG. SEPT. OCT. 1. CLEARING AND GRUBBING 2. EXCAVATION OF STREETS (BY OTHERS) 3. TRENCH EXCAVATION AND INSTALLATION OF SANITARY SEWER AND SERVICES. 4. TRENCH EXCAVATION AND INSTALLATION OF STORM ! ,, SEWER. 5. TRENCH EXCAVATION AND INSTALLATION OF WATER ! MAINS AND SERVICES. * 6. DITCH EXCAVATION AND APURTNANCES. * METER BOXES AND YOKES SHALL NOT BE INSTALLED UNTIL PAVEMENT AND BACKFILLING OPERATIONS ARE COMPLETE. BID PROPOSAL DATE: Bid of REGIONAL UTILITIES COMPANY, INC0 an individual proprietorship/ a corporation organized and existing under laws of the State of Texas/ a partnership consisting of , for construction of: STORM SEWER SYSTEM TO SERVE WOODRIDGE SUBDIVISION, SECTIONS 1 & 2, DALLAS COUNTY, TEXAS JOB NO. 500-0201-07, 500-0202-07 & 501-0202-07 CONTRACT NO. 1 L & N CONSULTANTS, INC. c/o THE LICHLITER COMPANY 3012 FAIRMOUNT, SUITE %5 DALLAS, TEXAS 75201 Gentlemen: The undersigned bidder has carefully examined the Instructions To Bidders, this bid, the form of Contract and its General and Supplemental Conditions, the Technical Specifications, and the Plans for the work herein above described and referred to in the "Invitation To Bidders", and also the site of the work and will provide all necessary labor, superintendence, machinery equipment, tools, materials, services and other means of construction to complete all the work.upon which he bids and binds himself on acceptence of his bid to execute a Contract and bonds, according to the prescribed forms for performing and completing the said work within the time stated, and for maintaining same as required for the following prices: P-1 WOODRIDGE SECTIONS ONE AND TWO STORM SEWER ITEMS ITEM DESCRIPTION 1. 48" Reinforced Concrete Pipe, Rubber Gasket Joints, Complete In Place 2. 42" Reinforced Concrete Pipe, Rubber Gasket Joints, Complete In Place 3. 36" Reinforced Concrete Pipe, Complete In Place 4. 30" Reinforced Concrete Pipe, Complete In Place 5. 24" Reinforced Concrete Pipe, Complete In Place 6. 21" Reinforced Concrete Pipe, Complete In Place 7. 18" Reinforced Concrete Pipe, Complete In Place 8. 48" x 24" Pipe Connection, Complete In Place 9. 48" x 18" Pipe Connection, Complete In Place 10. 42" x 24" Pipe Connection, Complete In Place 11. 42" x 18" Pipe Connection, Complete In Place 12. 30" x 18" Pipe Connection, Complete In Place 13. 24" x 24" Ripe Connection, Complete In Place 14. 24" x 18" Pipe Connection, Complete In Place QUANTITY UNIT 879 L.F. 1,724 L.F. 247 L.F. $46.00 $40.00 $32.00 830 L.F. $26.00 640 L.F. $20.00 892 L.F. $18.00 1,273 L.F. UNIT PRICE $16.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 TOTAL $40,434.00 $68.960,00 $7,904.00 $21~580.00 $12,800.00 $16,056.00 $20,368.00 $100.00 $200.00 $100.00 $700.00 $300.00 $100.00 $400.00 WOODRIDGE SECTIONS ONE AND TWO STORM SEWER ITEMS ITEMS DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 15. 21" x 18" Pipe Connection, Complete In Place 16. 5' Diameter Manhole, Complete In Place 17. 4' Diameter Manhole, Complete In Place 18. 14' Inlet, Complete In Place 19. 10' Inlet, Complete In Place 20. 8' Inlet, Complete In Place 21. 6' Inlet, Complete In Place 22. 4' Inlet, Complete In Place 23. 6" Concrete Rip Rap At Storm Sewer Outfalls, Complete In Place 24. 42" Timber Plug, Complete In Place 25. 30" Timber Plug, Complete In Place 1 EA. 9 EA. 5 EA. 1 EA. 6 EA. 18 EA. 18 EA. 6 EA. 10 S.Y. $100.00 $1,300.00 $1,100.00 $ 1,800.00 $ 1,300.00 $ 1,100.00 $ 9O0.OO $ 8OO,0O $100.00 $11,700.00 $ 5,500.00 $1.,800.00 $ 7,800.00 $19,800.00 $ 16,200.00 $ 4,800.00 $ 350.0O $ 35.00 $ 50.00 $ 50.00 $ 40.00 $ 80.00 WOODRIDGE SECTIONS ONE AND TWO DRAINAGE CHANNEL ITEMS ITEMS 'DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. Channel Excavation Compacted Earthen Fill, Complete In Place 6" Reinforced Concrete, Including Re-Bars, Complete In Place 1 Cubic Foot Cement Mortar Chinch Concrete Rip Rap, Complete In Place 10' x 8'.x 10" Reinforced Concrete Box Culverts, Complete In Place 8" x 6' x 8" Reinforced Concrete Box Culverts, Complete In Place 6' x 6' x 7" Reinforced Concrete Box Culverts, Complete In Place Concrete Wingwall's For 10' x 8' x 10" Box Culverts, T.H.D. STD. MC 10-3, Complete In Place Concrete Wingwall's For 8' x 6' x 7" Box Culverts,T.H.D. STD. MC 8-3, Complete In Place Concrete Wingwall's for 6' x 6' x 7" Box Culverts, T.H.D. STD. MC 6-1&2, Complete In Place 71,416 C.Y. 6,411 C.Y. 9,470 S.Y. 4,033 S.Y. 436 L.F. 216 L.F. 120 L.F. $1.35 $.96,411.60 $0.25 $1,602.75 $28.00 $265,160.00 SDELETE AS PER ADDENDUM #2 $304.00 $132,544.00 $168.00 $36,288.00 $140.00 $16,800.00 $3,795.00 $45,540.00 $1,988.00 $7,952.00 $1,805.00 $7,220.00 Clearing And Grubbing of Channel R.O.W. 9.28 AC. $650.00 $6,032.00 WOODRIDGE SECTIONS ONE AND TWO DRAINAGE CHANNEL ITEMS ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 37. Hydromulch, Complete In Place 38. Reinforced Concrete Drop Structure As Per Plans, Complete In Place 39. Type "Y" Inlet, Complete In Place 40. 24"-Reinforced Concrete Pipe, Complete In Place 41. 6" Concrete Rip Rap At Backslope Outfall Structure, Complete In Place 42. 18" Reinforced Concrete Pipe At Driveway Crossings, Complete In Place 43. Hand Rail Structures As Per Detail In Plans, Complete In Place 44. Replace Existing Asphalt Pavement (Sandy Lake Road), Complete In Place 45. Replace Existing Subgrade (Sandy Lake Road), Complete In Place 46. 4" Hot Mix Ashaltic Pavement With 4" Rolled Curb and Base Material, Complete In Place 47. 20' Galvinized Steel Beam Gates, Complete In Place 48. Replace 5 Strand Barbed Wire Fence, Complete In Place 49. Relocate Existing Fire Hydrant Assembly and Plug Existing Tee., Complete In Place 50. 10 Gallon Flex-Beam Guard Rail, Complete In Place 4.46 AC. 1 L.S. 1 EA. $3,725.00 $22,661.00 $8OO.OO 40 L.F. $28.00 5 S.Y. $36.00 278 305 440 28 L.F. 685 5 EA. 350 S.X. SoYo S.Yo LoFo 1 L.S. $16,613.50 n.F. $22,661.00 $8OO. 00 $~,120.00 $180.00 $25.00 $700.00 $1,155.00 $5,775.00 $11.50 $3,197.00 $4.50 ~,372.50 $15.00 $6,600.00 ~50.00 ~00.00 $2.00 $1,370.00 $800.00 $800.00 $17.75 $6,212.50 BID PROPOSAL BID PROPOSAL SUMMATION SHEET Storm Sewer Items Including Outfall Ditch TOTAL AMOUNT BID $ 941,433.85 BIDDER: REGIONAL UTILITIES COMPANY~ INC. ADDRESS: P. O. Box 3186 Irving, Texas 75061 (214) 252-6502 S~aT/ if Bidder is a Corporation It is understood that in the event the successful bidder fails to enter into the Contract and to furnish a Performance Bond and Payment Bond in the amount of 100 percent of the Contract for all parts of the work, he will forfeit the Cashier's Check, Certified Check or Bidder's Bond, as provided in the Specifications. The undersigned proposes, if awarded the Contract, to begin work promptly after written notice to commence work is given by the En- gineer, and to substantially complete the work within 120 working days after the date of the written notice to commence work. This bid proposal shall be considered part of the Contract. Very truly.yours, REGIONAL UTILITIES COMpANY~ INC_ BY: 2~--~ ., ~ ~' ADDRESS: P.O. Box 3186 Irving, Texas 75061 ATTEST: ~'e~'[J if Bidder is a Corporation As Adopted By T}iE TEXAS SECTION OF THE AMERICAN SOCIETY OF CIVIL ENGINEERS October 7, 1971 Revised November 17, 1928 Revised April 15, 1932 Revised October 27, 1934 Revised October' 19, 1945 Revised April 8,195-I Revised April 2i, 19G0 Revised October 7, 1971 Approved as to Legal Form by Legal Counsel STATE OF TEXAS COUNTY OF' DAI,I~S THIS AGREEMENT, made and entered into this~-_ day of A. D. 19_~, by and betwee~L_~_~_~iD_.~R~.O~ of the County of __and State of Texas, acting through thereunto duly authorized so to do, Party of the First Part, hereinafter termed OWNER, of th~: City of ........ 2;E!ZJ.5IG , County of ..... ~S_ __ and State of ..... _T__E._X~S_ .......................... Party of the Second Part, hereinafter termed CONTi'{.A CTOa. WiTIqESSETH: That for and in consideration of the payments and agreements herein- after mentioned, to be made and perforrned by the Party of the First Part (OWNER), and under the cm~ditio,us expressed in the bond bearing even date herewith, the said Party of the Second Part (CONTRACTOR), hereby agree;; with the said Party of the First Part (OWNL?:[) to cc~:m...~.ce a.u,.t complete the construction of certain improvements described as follows; STOl:'24 SEWER SYSTESI TO SERVE ~'OODR!DGE SUBDIVJSION, SECTIONS I & 2 and all extra work in connection therewith, urder the b:rms a~ stated in the General Conditions of the Agreement and at his (or their) own proper co::;t and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and oth,:r and services necessary to co~':plete the smd construction, in scoot&mae with ~he confitions and price3 stat~.d in the Propel;a! attached hereto, and in accordance with the Notice to Contractors, General and Speci?.l Conditi~n~ of Agreement, Plans ar:d otimr drawings and printed or ~ritten explan~.tory matter thereJ, and thc Specifications and addenda therefor, as I regareu by ....... herein entitled the ENGINLL'~, eavh ~,f which has hccn identified by th~, CONTtiA("t(~R ami the EN(;INKER. together with tM. ('ONTi(A(71'i)R'S writtvn Prol)on;tl. thc (;eliot'ltl ,,f the Agreement. and thc I'crforma,we ami l'ayn,{~l,t l/(~nds hereto attached: all {,f which a,',: ma(if ;, part hm'i',,f and collectivt'ly ex'id,,nc, and vonstittfl,. Ibc entire cm~tr:~ct. · ,~ .... t~m (10) days after the date ~ NTE~CTOR hereby agrees to com;'..~:n.~e work ........ ~ The LO ..... w::tte;~ notice to do so shall have bten given to him, and to substantially complete the ,~_,~,., ~ ~t~- work, subject ~ithin _ %2D .... working days after the date of the written notice to commence to such extension~ of time as are providd by the General and Special Conditions. THE OWNEB agrees to pay the CONTBACTOg in current funds the price or prices shown in the proposM, which fo~ms a part of this contract, such payments to be subj~t to the General ' t and SpeciM Conditions of the con,rat · F =-+~s to these presents have ex~uted this Agreement in IN WiTNKSS WHEBEO , the p ..... the yea~ and day first above written. P,_.RI: ur,: tANCE BO~ D KNOV' A[,L MEN BY Tii~_,..:£ }'M:;S¢.i?q'IS: TL.~t R,": ,-)~.~3_T UrPIT ~['I)t[ES COblPANY, INC _~of :he City of IRVING County of._ p:~r~r~.s , and State of_ TEXAS , as author::.:i ¢~:~cr the laws of the S:at: of T:x~m to act ~ mrety on bonds for principals, are h&l ~:~ CORPO~TiON ~m,',:y hound unto_ L ~ N "~ .(Owner), NINE UN ~R~r F ~-:'PY NP H R in the pc:i~l s:,:n of__[~¢ ~'~¢~_¢~.9 _.~T~ ~-~~¢~ H~a~ollars ($ 941=~3_ !. 8~__) t,.: p; ':'men[ whereof, the said ~incipal and Surety bind themselves, and their heirs, for ~ ~ admi:&4~ a t<',~s, executors, sucee~ors and ~igns, jointly and ~verally, by the~ presents: W:-lE?EA~,,t.the Principal.has entered_into a certain written contract with th~_jOwner, dated the_:~':~ 't~-~ day of I ~' ~ ~?~*~J~'~'~ ,19 '/., to CONSTRUCT THE STO~ SE~R SYSTEM TO SERVE ~OODRIDGE SUBDIVISION~ SECTIONS 1 s 2 which contract is hereby referred to a~.d made a part hereof as fully and to the same extent as if cop~ed at length herein. NOW, TIIEREFORE, THE CONDITION OF TillS OBLIGATION IS SUCH, that if the said Pxi.,:'i[~4 shall faithfu!ly perform sa~d Contract and shall in all respects duly and faithfully ot.._~ a)~ perform all a:d singular the covenants, conditions and a~eements in and by said cont~.. ': :T":~:'-d and covenanted by the Print:pal to be observed and performed, and according to the true ir:tent and meaning of said Contract and the Plans and Speaifications hereto annexed, the:~ th~s obligation shall be void; otherwi~ to remain in full force and effect; ?r,~ iDED, HOWEVER, that this bond is execut~ pursuant to ~he prov~ions of (Article 5~'.:~ fc~r Eul~!~c Work) (Article 5472d for Private Work)* of the Revised Civil Statutes of Texas ~ a~:[::, ', ~ "~ ' all li'~bilities on this bon4 shall b{> datermiped in accordance with the provision~ of s?d A:[~cb~ to the ~:,e ex.[c.t i~s if it wc~e copied at ten.~;h herein." ragu.: recel~c¢ stii, cl;~tes, and a3:c:s tk:-~t no change, extension of time, a![crat~m or ar}ditio:' to tS~ terms of thc contract, or to the work per url,,~d thereunder, or the plat,:;, spry::. fcdera, v,c,d-;. Sc,, '~D-,e M:ller Act, 40 U.S.G. $270. ,,v,-,~ ~.,~:. ]'?c for ' " " PB-1 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. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instru- me~,~t "~ .~S ~-~ d~,- of_.~O~' ~.~,'~ .............. ~0_~J REGIt)N/SZ; UTIBIT_IESCO~_i~_ANYj INC. Principal ~tle ENLoLOYERS INSURANCE OF WAUSAU A MUTUAL CO~ANY ~tle ATTORNEY-IN-FACT Address 1_333 CORPORATE DRIVE IRVING, TEXAS The name and address of the Re,ddent Agent of Surety is: JOE BRUCE C/O ALEXANDER & ALTXANDER OF TJ:;XAS, DilA?iOND Siip-v:r~OCK TO'?~i',R 19TH FLOOR LOCK BOX 8 INC. DALLAS, TEXAS 75201 PAYMEN'r BOND COUNTY 01~ r~ .... J KNOW ALL MEN BY THESE PRE,.ENTS: ~ ~,~ .... REGIONAL UTILITIES COMPANY, INC Ina[ .... ' ~ of the City of IRVING Gout. fy Of. D~,LAS , a~d S~a~e of TEXAS prir~c~ga~, aud E~LOYE~ INSU~NCE OF WAUSAU A MUTUAL CO.ANY authcrh,~d under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto L & N LAND CORPORATION (Owner), NINE HUNDRED FORTY ONE THOUSAND FOUR HUNDRED in the penal sum of THLR_TY_ THREE AND EIGHTY FIVE CENTS Dollars ($941,433.85 .) for the, payineat whereof, the said Principal and Surety bind themselves and their heirs, aclmLui~ trators, executors, successors and assigns, jointly and severally, by these presents: V~tEREAS, ,the Principal has entered into a certain ~-ritten contract with the O~vner, CONSTRUCT THE STOP=M SEWER SYSTEM TO SERVE WOODRIDGE SUBDIVISION, SECTIONS 1 which contract is hereby referred to and made a part hereof as fully and to the same extent if copkd at len~'~th herdn. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if thc said Princ;pal 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 s.-.~ effect; ' PROVIDED. HOWEVER. that this bond is ¢×cc.ated p~:':.~.;~nt to the provisions of Article 5160 of the Revised CMl St,tutes of Texas a.~; ~:~endc:J and all liakilitics on thk bond shall be determined in accordance with the provisicn~ of s~fid Article to thc sarr'te extent as if it were copied at length h~rein. Surety, for value received, stipulates and ag-:~ees that no cha~ge, extcii::ion of time, I~,~ ' or addition to the ~rms of the contract, or to the work pe]~ozzned thcreunfler, or t~e plans, specifications or dra~n,s,~ accompanying the same, sbM] in anywise affect its oNitu/ion on this bond, and it does hereby waive notice of any such change, extension of t/me, alteration or add{t,.'on to the terms of the contract, or to the work to be performed thereu~der. IN WITNESS WHEREOF, the said Principal and Surety have sigwaed ahd sealed this ins~,ru- REGIONAL UTILITIES COb~PANY, INC. By _ _~-~:' . " ~:.:~'~_~.~:?'-: ~_.:.~::_ .: -. Title ............... ' ,//"-~- ...... 'ii_... 5?, Address I ~ Q) ~' . , .:, ,p r'7 /'~., .~ ~ v~ -, / EMP£,OYEi*S INSUPANCE OF WAUSAU A MUTUAL COMPANY ..... , f /i' Surety W. LAW!:zENCE BRO~ Address 1333 CORPORATE DRIVE ' IRVING, TEXAS address of the Resident Agent of Surety is: BRUCE C/O 2!LNXANDER & ALEXANDER OF T~XA~ INC. D~r,_;,.:.~ SHARROCK TOWER 19TH FLOOR LOCK BC, X 8 [z~: ~ ?,:i, TEXAS 7520]. · -- (D No. 216-009-00104 INSURANCE OF WAUSAU A Mutual Company POWER OF ATTORNEY I~NOW ALL MEN BY THESE PRESENTS: That the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a corporation duly organized and existing under the laws of the State of Wisconsin, and having its principal office in the City of Wausau, County of Marathon, State of Wisconsin, has made, constituted and appointed, and does by these presents make, constitute and appoint William D. Baldwin: Janice G. Correy.. Joe Bruce: M. A. GSbson: Robert D. White * its true and lawful attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver ANY OR ALL BONDS, UNDERTAKINGS, RECOGNIZANCES OR OTHER WRIT- TEN OBLIGATIONS. IN THE NATURE THEREOF. INCLUDING CONSENTS OF SURETY AND WAIVERS TO THE CONDITIONS OF CONTRACTS. NOT TO EXCEED THE PENAL SUM OF TEN bIILLION DOL- LARS ($ 10,000,000)C.._.___ ~ind the corporation thereby as fully and to the same extent as if such bonds were signed by the President,. sealed with the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all that the said attorney-in-fact may do in the premises. This power of attorney is granted pursuant to the following resolution adopted by the Board of Directors of said Company at a meeting duly called and held on the 18th day of May, 1073, which resolution is still in effect: "RESOLVED, that the President and any Vice President-- elective or appointive-- of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company be, and that each of them hereby is, authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute on behalf of EMPLOYERS INSURANCE OFWAUSAU A Mutual Company bonds, undertakings and all contracts of suretyship; and that any secretary or assistant secretary be, and that each or any of them hereby is, authorized to attest the execution of any such power of attorney, and to attach thereto the seal of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company." "FURTHER RESOLVED, that the signatures of such officers and the seal of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding upon the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." IN WITNESS WHEREOF, EMPLOYERS INSURANCE OF WAUSAU A Mutual Company has caused these presents to be signed by the vice president and attested by its secretary, and its corporate seal to be hereto affixed this 15rh day of November 19 80 EMPLOY~R,~ INSURANCE OF WAU~SAU A Mutual Company ~-'.~t __ L. aI~JB,a~mer ~ ~ Vice President Secretary R. J. Wendorf STATE OF WISCONSIN COUNTY OF MARATHON On this 15th day of L. J. Baumer SS. November , 19 80 , before me personally came to me known, who being by me duly s~vorn, did depose and sa~, that he is a vice president of the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, the corporation described in and which executed the above instrument: that he kno~vs the seal of said corporation; that the seal affixed to said instrument is such corporate seal and that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. IN WITNESS WHERE OF, I have hereunto set my hand and affixed my official seal the day and year herein first above written. t/ Notary Public R. J. Wendorf NOTARY PUBLIC STATE OF WISCONSIN MY COMMISSION IS PERMANENT STATE OF WISCONSIN ) CITY OF WAUSAU ) ss. COUNTY OF MARATHON ) CERTIFICATE I, the undersigned, vice president of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a Wisconsin corporation, do hereby certify that the foregoing and attached power of attorney WHICH MUST CONTAIN AVA. LIDATI, N,G STATEMENT PRINTED IN THE MARGIN THEREOF IN RED I~K, remains in full force and has not been revogea; and furthermore that the resolutmn of the Board of Directors set forth in the power of attorney is still in force. FEBRUARY Signed and sealed in the City of Wausfiu, Marathon County, State of Wisconsin, this 25TH day of e ' Vice President NOTE: IF YOU IIAVE ANY QUESTIONS REGARDING THE VA[,[I)[TY OR WORDING OF THIS POWER OF ATTOR- NEY, CALL TOLI, FREE t~)~)~ S26-1661. ALEXANDER. & ALEXANDER OF TEXAS, DIAMOND SHAMROCK TOWER 19TH FLOOR LOCK BOX 8 DALLAS, TEXAS 75201 NAME AND ADDRESS O~ INSURED REGIONAL UTILITIES COMPANY, 3901 CARBON DRIVE IRVING, TEXAS 75062 INC. INC. COMPANIES AFFORDING COVERAGES C OM I-'Al',~ ¥ A UEnlr EMPLOYERS OF WAUSAU COMPANY B LEtter- HARTFORD INSURANCE COMPANY COMPANY C lETTER COMPANY D LEl-IEl~ COMPANY E LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this t,me. Notwithstanding any requirement, term or condition of any contract or othe~ document with respect to which this cer/ificale ,nay be issued ob may pectain, the insurance afforded by thu policies described herein is subject to all the terms, exclusions and condibons of such policies. LLITER TYPL Bt INSiIRANC[ GENERAL LIABILITY A. COMPRL HE NSIVE FORM [~ PR[MIS LS-- OPE RAT IONS '-] £XPLOSION AND COLtAPS[ ~ UNDERGHOUND HAZARD PRODUCIS/COMPi ~ CONfR~TUAL INSURANCE  B~AD fORM PROPI RfY OAMAGE INDEPf NF~l NT CONTRACTORS ~ PERSONAl INJUHY AUTOMOBILE LIABILITY ~ COMI'RfHLNSIV[ fORM ' ~ OWNED E~ HIRED b~ NON4')WNED EXCESS LIABILITY ] UMBRELLA FORM ] OTHER TIIAN UMBR[I LA I~ORM WORKERS' COMPENSATION 1621 00 080951 1621 02 080951 A. and 1611 00 080951 EMPLOYERS' LIABILITY OTHER B. BUILDERS RISK 46IC639442 DESCRIP1 ION OF OP£HATIONS/LOCATIONS/~LIJICI ES Cancellation: POLICY [ XPIHA1 iON 6-10-81 6-10-81 6-10-81 2-18-82 Limits of Liabilit BODILY InJIJR¥ ProPerTY DAMAGE BODI! Y INJURY AND PROPERI Y DAMAGE $ COMBINED in Thousands (000) EACH OCCURR[NCE $ 300/ 100/ P[RSONAL INJURY d ~.:. Pr H'so~) $ 250/ BODILY INJURY $ 500/ [EACH ACCIDENT) PROPLRT Y DAMAGE S 100/ $ BODILY INJURY AND PROPER1Y DAMAGE LOMRINFI) BODILY INJURY AND PROI'EHTY DAMAGE COMBINED SIATIJTORY '10o/ AGGREGATE 300/ 100/ $941,433.85 Should any of the!above described policies be cancelled before the e×IJ,ration (Jate thereof, the issuing com- pany will endeavor to mail __30 days written notice to the below named certificate holder, but failure to mail such notice shall m~pose no obligation or hability of any kind upon the conlpany. NAML ANI) ADDRf bS Of CENI If II:Al I !lOl ILl R L & N LAND CORPORATION 2100 BRYAN TOWER DALLAS, TEXAS 75201 DAIL I~SIJtb. FEBRUARY 18, 1981 ItATLRY 64. GENERAL CHANGE ENDORSEMENT REGIONAL UTILITIES COMPhNY, .!~.~.~ .... 1621 00 08_-Q-9--5-1issued to .................................... This endorsement forms a port of policy No. at its Agency USAU MPLOYER~.__...O.~__.~--A ................... e of nsurance CompanY) 1-28-81 E ............ {Nam by the ................. and is effective {rom ........ (12:01 A.M. Standard Time) located (city and stat~) -. -D~.LL.A$ r. T-E-yJ~---S (The intarmation abo,e is required only when this endorsement is issued subsequent to preparation of the policy.) This endorsement forms o part of the policy to which attached, effective' from its date of issue unless otherwise stated herein. It is agreed that as of the effective dote hereof the policy is amended in the following particulars. IN THE E~NT OF CA~CE~.TION O~ ~i~TERIAL C}~jANGF' ~/,~,-]T_CH tR.EDOCES OR ~ESTRICTS T~ INSURANCE AFFORDED BY THE POLICY, THE COMPANY AGREES TO MAIL 30 DAYS PRIOR WRITTEN NOTICE OF SUCH CANCELATION OR ~b~TERIAL CHANGE TO: L & N LAND CORPORATION 2100 BRYAN TOWER DALLAS , TEXAS 75201 FORM 64.~GENERAL CHANGE ENDORSEMENT Texas Standard Automobile Endorsement Revised October 1, 1974 HARRY ALFRED GIBSON STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR On The Basis Of A Stipulated Price THIS AGREEMENT is dated as of the day of and between in the year 1981 by L & N LAND CORPORATION (hereinafter called OWNER) and i~EGIONAL UTILITIES COMP,Z~N-Y, INC. (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: A~ticle 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows:. STORM SEWER STSTEM The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: WOODRIDGE SUBDIVISION, SECTIONS 1 & 2 Article 2. ENGINEER. The Project has been designed by THE LI~HLITER COMPANY, DALLAS, TEXAS who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME. 3.1 The Work will be substantially completed within 12oworking days after the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within days after the date when the Contract Time commences to run. Article 4. CONTRACT PRICE. 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: NINE HUNDRED FORTY-ONE THOUSAND FOUR HUNDRED THIRTY-THREE DOLLARS AND EIGHTY-FIVE CENTS ($941,433.85) Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Appli- cations for Payment as recommended by ENGINEER, on or about the lOth day of each month during construction as provided below, Ten.percent (10%) of the total of each progress payment shall be retained by Owner.until final payment. All progress payments will be on the basis of the progress of the Work measured by the schedule of values provided for in paragraph 14.1 of the General Conditions. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Condi- tions, OWNER shall pay the remainder of the Contract Price as recom- mended by ENGINEER as provided in said paragraph 14.13. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules'and regulations that in any manner may affect cost, progress or performance of the Work. 5F -~ 6.2 CONTRACTOR has studied carefully all reports of investiga- tions and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which were relied upon by ENGINEER in the preparation of the Drawings and Specifications and which have been identified in the Supplementary Conditions. 6.3 CONTRACTOR has made or caused to be made examinations, investigations and tests and studies of such ~eports and related data in addition to those referred to in paragraph 7.2 as he deems necessary for the performance of the Work at the'Contract Price, within the Contract Time and in accordance with the other terms and Conditions of the Contract Documents; and no additional examina- tions, investigations, tests, re~brts or simila~ data are or will be required by CONTRACTOR for such purposes. 6..4 CONTRACTOR has correlated the results of all such observa- tions, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.5 CONTRACTOR has given ENGINEER written notice of all con- fl. icts, errors or discrepancies that he has discovered in the Con- tract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 6.6 Article 7. MISCELLANEOUS. 7.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions shall have the meanings indicated in the General Conditions. 7.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or. responsibility under the Contract Documents.. 7.3 OWNER and CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto, his partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. Article 8. OTHER PROVISIONS. IN WITNESS WHEREOF, the panties hereto have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on ~-C ~ 19 ~1 - OWNER T, ~''J~AND nORPnRATTn~ /~ CONTRACTOR~g2GZONAL UTILITIES CO. ,INC. ~ I ~, ~Ji ~ ~. _~.~ ~ I// ~' - "' Attest _. ......'_ ,. /...~ ~...~ Attest Address for giving notices: Address for giving notices: (If OWNER is a public body attach evidence of authority to sign and resolution or other document authorizing execution of Agreement.) License No. A~ent for service of process: This document has important legal consequences; consultation with an attorney is encouraged with respecl to its compJclion or modificalion. STANDARD GENERAL OF CONSTRUCTION CONDITIONS THE CONTRACT Join tly Issued by PROFESSIONAL ENGINF~ERS IN PRIVATE PRACTICE A practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS and by AMERICAN CONSULTING ENGINEERS COUNCIL and by CONSTRUCTION SPECIFICATIONS INSTITUTE © 1978 National Society of Professional Engineers 2029 K Street, N.W.,..Washington, D.C. 20006 American Consulting Engineers Council i 155 15th Street, N.W., Washington, D.C. 20005 Construction Specifications Institute .1150 17th Street, N.W., Washington, D.C. 20036 These General Conditions have ~een prepared for use with the Owner-Contractor Agreements (NSPE- ACEC Document 1910-8-A-1 or 1910-8-A-2; CSI 56467, 56468, 1978 editions). Their provisions are interre- lated and a change in one may necessitate a change in the others. Comments concerning their usage are con- tained in the Commentary to the Documents, NSPE-ACEC 1910-9, 1978 edition. 1910-8 NSPE/ACEC ( 1978 Edition) CSi 56465 Reprint 5-78 2451 T~kBLE OF CONTENTS OF GENERAL CONDITIONS A r ticle Number 1 2 5 6 7 8 9 10 11 12 13 14 15 16 17 Title Page DEFINITIONS PRELIMINARY MATTERS CONTRACT DOCUMENTS: INTENT AND REUSE .......................... ~ ............ 10 AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS. BONDS AND INSURANCE. ' 11 CONTRACTOR'S RESPONSi BI LITIES . ........................ 12 WORK BY OTHERS OWNER'S RESPONSIBILITIES 17 ENGINEER'S STATUS DURING CONSTRUCTION ............... 17 CHANGES IN THE WORK CHANGE OF CONTRACT PRICE ............................. CHANGE OF THE CONTRACT TIME 21 WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK PAYMENTS TO CONTRACTOR AND COMPLETION ............ 2:2 SUSPENSION OF WORK AND TERMINATION .................. 25 ARBITRATION. MISCELLANEOUS INDEX TO GENERAL CONDITIONS Article or Paragraph Number Acceptance of Insurance Access to the Work Addenda--definition of (see definition of Specifications) Agreement--definition of All Risk Insurance Application for Payment--definition of Applicati?.n for Payment, Final Application for Progress Payment Application for Progress Payment--review of Arbitration Availability of Lands Award--Notice of---defined 5.13 13.2 1 1 5.6 1 14.12 14.2 14.4 thru 14.7 16 4.1 1 Before Starting Construction Bid--definition of Bonds and Insurance--in general Bonds--definition of Bonds, Delivery of Bonds, Performance and Other 2.5 thru 2.7 1 5 1 2.1,5.1 5.1,5.2 Cash Allowances Change Order--Definition of Changes in the Work Claims, Waiver of--on Final Payment Clarifications and Interpretations Cleaning Completion Completion, Substantial Conference--Pre-Construction · Construction Machinery, Equipment, etc. Continuing Work Contract Documents--definition of Contract Documents--intent and reuse Contract Documents--reuse of Contract Price, Change of Contract Price--definition Contract Time, Change of Contract Time--Commencement of Contract Time--definition of Contractor--definition of Contractor May Stop Work or Terminate Contractor's Continuing Obligation Contractor's Duty to Report Discrepancy in Documents Contractor's Fee--Costs Plus Contractor's Liability Insurance Contractor's Responsibilities--in general Contractor's Warranty of Title Contractual Liability Insurance Copies of Documents Correction or Removal of Defective Work Correction Period, One Year Correction, Removal or Acceptance of Defective Work--in general Cost of Work COSTS, Supplemental 11.10 1 10 14.16 9.3 6.17 14 14.8, 14.9 2.8 6.4 6.29 1 3 3.5 11 I 12 2.3 I 1 15.5 14.15 2.5, 3.2 11.6 5.3 6 14.3 · 5.4 2.2 13.11 13.12 13.11 thru 13.14 ! 1.4, 11.5 11.4.5 4 Day--dcfinilion of Dcfeclivc Work, Acceptance of Defective Work, Correction or Removal of Defective--definition of Defective Work--in gencral Defective Work, Rejecting Definitions Delivery of Bonds Disagreements, Decisions by Engineer Documents, Copies of Documents, Record Documents, Reuse Drawings--definition of 'Effective date of Agreement--definition of Emergencies Engineer--definfion of Engineer's--Notice Work is Accepta. ble Engineer's Responsibilities, Limitations on Engineer's Status During Construction--in general Engineer'sbRecommendation of Payment Equipment, Labor, Materials and Equivalent Materials and Equipment Fee, Contractor's--Costs Plus Field Order--definition of Field Order--issued by Engineer Final Application for Payment Final Inspection Final Payment, Recommendation of Final Payment and Acceptance General Requirements--definition of General Provisions Giving Notice Guarantee of Work--by Contractor Indemnification Inspection, Final Inspection, Tests and Insurance, Bonds and--in general Insurance--Certificates of Insurance. Contractor's Liability Insurance, Contractual Liability Insurance, Owner's Liability Insurance, Property Intent of Contract Documents Interpretations and Clarifications Investigations of Physical Conditions Labor. Materials and Equipment Laws and Regulations Liability InsurancebContractors Liability Insurance--Owners Limitations on Engineer's Responsibilities Materials and Equipment--furnished by Contractor Materials or Equipment--Equivalent Miscellaneous Provisions Modification---definition of I 13.13 13.11 I 13 9.4 1 2.1 9.9, 9.10 2.2 6.19 3.5 1 1 6.22 1 14.3 9.11 thru 9.14 9 14.4, 14.13 6.3 thru 6.6 6.7 11.6 1 10.2 14.12 14.11 14.13, 14.14 14.13 1 17.3, 17.4 17.1 13.1 6.30 thru 6.32 14.11 13.3 thru 13.7 5 2.7 and 5 5.3 5.4 5.5 5.6 thru 5.12 3.1 thru 3.4, 9.12 9.3 4.2 6.3 thru 6.6 6.14 5.3 5.5 9.11 6.3 6.7 17 I Noticc, Giving of Notice of Award--definition of Notice of Acceptability of Project Notice to Proceed--definition of Notice to Proceed--giving of "Or-Equal" items Other Contractors Overtime Work--prohibition Of Owner--definition of Owner May Correct Defective Work Owner May Stop Work Owner May Suspend Work, Terminate Owner's Duty to Execute Change Orders Owner's Liability Insurance Owner's Representative--Engineer to serve as Owner's Responsibilities--in general Owner's Separate Representative at Site Partial Utilization Partial Utilization--Property Insurance Patent Fees and Royalties Payments to Contractor--in general Payments, Recommendation of Pre-construction Conference Performance, and other Bonds Permits ° Physical Conditions--Investigations and Reports Physical Conditions, Unforeseen Preconstruction Conference, Preliminary Matters Premises, Use of Price--Change of Contract Price-Contract--definition of Progress Payment, Applications for Progress Schedule Project--definition of Project Representative, Resident--definition of Project Representation--Provision for Project, Starting Property Insurance Property Insurance--Receipt and Application of Proceeds Property Insurance--Partial Utilization Protection, Safety and Recommendation of Payment ReFord Documents Reference Points Regulations, Laws and Rejecting Defect{ye Work Remedies Not Exclusive Removal or Correction of Defective Work Resident Project Representative--definition of Resident Project Representative--provision for Responsibilities, Contractor's Responsibilities, Owner's Reuse of Documents Royalties, Patent Fees and 17.1 l 14.13 1 2.3 6.'/ 6.3 I 13.14 13.10 15.1 thru 15.4 11.8 5.5 9.1 8 9.8 14.10 5.14 6.12 14 14.4 thru 14.7.5 2.8 5.1 thru 5.2 6.13 4.2 4.3 2.8 2 6.16, 6.17, 6.18 11 1 14.2 2.6, 14.1 1 1 9.8 2.4' 5.6 thru 5.12 5.11,5.12 5.14 6.20 thru 6.21 14.4, 14.13 6.19 4.4 6.14 9.4 1'/.5 13.11 1 9.8 6 8 3.5 6.13 Safely and Prolcction Samples Schedule of Shop Drawing Submissions Schedule of Values Shop Drawings and Samples Shop Drawings--definition of Site, Visits to--by Engineer Specifications--definition of Starting Construction, Before Starting the Project Stopping,.Work--by Contractor Slopping Work--by Owner Subcontractor--definition of Subcontractors--in general Substantial Completion--certification of Substantial Completion--definition of Subsurface Conditions Supplemental Costs Surety---consent to payment Surety--notice of changes Surety--qualification of Suspending Work, by Owner Suspension of Work and Termination--in general Superintendent--Contractor,s Supervision and. Superintendence Taxes--Payment by Contractor · Termination--by Contractor Termination--by Owner Termination, Suspension of Work and--in general Tests and Inspections Time, Change Of Contract Time, Computation of Time, Contract--definition of Uncovering Work Unit Prices Unit Prices--Adjustment of Use of Premises Values, Schedule of Visits to Site--by Engineer Waiver of Claims--on Final Payment Waiver or Rights by Insured Parties Warranty and Guarantee--by Contractor Warranty of Title, Contractor's Work, Access to Work by Others--in general Work, Cost of Work Continuing During Disputes. Work--defintion of Work, Neglected by c(;ntraclor Work, Stopping by Contractor Work, Stopping by Owner 6.20 thru 6.21 6.23 2.6, 14.1 2.6, 14.1 6.23 thru 6.29 1 9.2 1 2.5 thru 2.9 2.4 15.5 13.10 i 6.8 thru 6.11 14.8 1 4.2,4.3 11.4.5 14.12, 14.14 10.5 5.1, 5.2 15.1 15 6.2 6.1,6.2 6.15 15.5 15.2 thru 15.4 15 13.3 thru 13.7 12 17.2 1 13.8, 13.9 11.3.1 II.9 6.16,6.17,6.18 14.1 9.2 14.16 5.10 13.1 · 14.3 13.2 7 11.4, l 1.5 6.29 1 13.14 15.5 15.1 thru 15.4 GENERAL CONDITIONS ARTICLE I--DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents, the following terms have the meanings indicated which are applicable to both the singular and plural thereof: Addenda--Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the bidding documents or the Contract Documents. , Agreement--The written agreement between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as'provided th. erein. Application for Payment--The form accepted by ENGINEER which is to be used by CONTRACTOR in re- questing progress or final payment and which is to include such supporting documentation as is required by the Contract Documents. Bid--The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. · Bonds--Bid, performance and payment bonds and other in- struments of-security. Change Order--A written order to CONTRACTOR signed by OWNER authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after the effective date of the Agreement. Contract Documents--The Agreement, Addenda (which per- tain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post-Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Bonds, these General Conditions, the Supplementary Condi- tions, the Specifications, the Drawings as the same are more specifically identified in the Agreement, together with all Modifications issued after the execution of the Agreement. Contract Price--The moneys payable by OWNER to CON- TRACTOR under the Contract Documents as stated'in the Agreement. Contract T?me--The number of days (computed as provided in paragraph 17.2) or the date stated in the Agreement for the completion of the Work. -' CONTRACTOR--The person, firm or corporation with whom OWNER has entered into the Agreement. day--A calendar day of twenty-four hours measured from midnight to th& next midnight. defective--An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or defi- cient, or does not conform to the Contract Documents or does not meet the requirements of any inspection, test or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recommendation of final payment. Drawings--The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by ENGINEER and are referred to in the Con- tract Documents. effective date of the Agreement--The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. ENGINEER--The person, firm or corporation named as such in the Agreement. FieM Order--A written order issued by ENGINEER which orders minor changes in the Work in accordance with para- graph 10.2 but which does not involve a change in the Con- tract Price or the Contract Time. ' General Requirements--Sections of Division I of the Specifi- cations. ModijTcation--(a) A written amendment of the Contract Documents signed by both parties, (b) a Change Order, or (c) a Field Order. A modification may only be issued after the effective date of the Agreement. Notice of Award--The written notice by OWNER to the parent successful Bidder stating that upon compliance by the apparent successful Bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. Notice to Proceed--A written ~otice given by OWNER to CONTRACTOR (wlth a copy to ENGINEER) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform'his obligation under the Contract Documents. OWNER--The public body or authority, corporation, associ- ation, partnership, or individual with whOm CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. Project--The total construction of which the Work to be pro- vided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. Resident Project Representative--The authorized representa- tive of ENGINEER who is assigned to the site or any part thereof. Shop Drawings--All drawings, diagrams, illustrations, sched- ules and other data which are specifically prepared by CON- TRACTOR, a Subcontractor, manufacturer, fabricator, sup- plier or distributor to illustrate some portion of the Work and all illustrations, brochures, standard schedules, perform- ance charts, instructions, diagrams and other information prepared by a manufacturer, fabricator, supplier or distrib- utor and submitted by CONTRACTOR to illustrate material or equipment for s~me portion of the Work. Specifications--Those portions of the Contract Documents consisting of written technid'al descriptions of materials, equipment, construction systems, standards and work- manship as applied to the Work and certain administrative details applicable thereto. Subcontractor--An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Sub- contractor for the performance of a part of the Work at the site. Substantial Completion--The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by his definitive certificate of Sub- stantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it was in- tended; or if there be no such certificate issued, when final payment is due in accordance with paragraph 14.13. The terms "substantially complete" and "substantially com- pleted'' as applied to any Work refer to Substantial Comple- tion thereof. Work--The entire completed construction or the various sep- arately identifiable parts thereof required to be furnished under the Contract Documents'. Work is the result of per- forming services, furnishing labor and furnishing and incor- porating materials and equipment into the construction, all as required by the Contract Documents. ARTICLE 2--PRELIMINARY MA'I-I'ERS Delivery of Bonds: 2.1. When CONTRACTOR delivers the executed Agree- ments to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies of Documents: 2.2. OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the General Require- ments) of the Contract Documents as are reasonably neces- sary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. Commencement of Contract Time; Notice to Proceed: 2.3. The Contract Time will commence to run on the thirtieth day after the effective date of the Agreement, or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed; but in no event shall the Contract Time commence to run later than the ninetieth day after the day of Bid opening or the thirtieth day after the effective date of the Agreement. A Notice to Proceed may be given at any time within thirty days after the effective date of the Agreement. Starting the Project: 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Time commences to run, but no Work shall be done at the site prior to the date on which the Contract Time commences to run. Before Starting Construction: 2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Con- tract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CON- TRACTOR shall promptly report in writing to ENGINEER any conflict, error or discrepancy which CONTRACTOR may discover; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any' conflict, error or discrepancy in the Drawings or Specifications, unless CONTRACTOR had actual knowledge thereof or should rea- sonably have known thereof. 2.6. Within ten days after the effective date of the Agree- ment (unless otherwise specified,in the General Require- ments), CONTRACTOR shall submit to ENGINEER for review and acceptance an estimated progress schedule in- dicating the starting and completion dates of the various stages of the Work, a preliminary schedule of Shop Drawing submissions, and a preliminary schedule of values of the Work. 2.7. Before any Work at the site is started, CONTRAC- TOR shall deliver to OWNER, with a copy to ENGINEER, certificates (and other evidence of insurance requested by OWNER) which CONTRACTOR is required to purchase and maintain in accordance with paragraphs 5.3 and 5.4, and OWNER shall deliver to CONTRACTOR certificates (and other evidence of insurance requested by CONTRACTOR) which OWNER is required to purchase and maintain in ac- cordance with paragraphs 5.6 and 5.7. Preconstruction Conference: 2.8. Within twenty days after the effective date of the Agreement, but before CONTRACTOR starts the Work at the site, a conference will be held for review and acceptance of the schedules referred to in paragraph 2.6, to establish proce- dures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among t'he parties as to the Work. 9 ARTICLE 3--CONTRACT DOCUMENTS: INTENT ARTICLE 4--AVAILABILITY OF LANDS; PHYSICAL AND REUSE CONDITIONS; REFERENCE POINTS ]nlent; 3.1. The Contract Documents comprise the entire Agree- ment between. OWNER and CONTRACTOR concerning the Work. They may be allered only by a Modification. 3.2. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. If, during the performance of the Work, CONTRACTOR finds a con- flict, error or discrepancy in the Contract Documents, he shall report it to ENGINEER in writing at once and before pro- ceeding with the Work affected thereby; however, CON- TRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error or discrepancy in the Specifications or Drawings unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. 3.3. It is the intent of the Specifications and Drawings to describe a complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work that may reasonably be inferred from the Specifications or Draw- ings as beihg required to produce the intended result shall be supplied whether or not it is specifically called for. When words which have a well-known technical or trade meaning are used to describe Work, materials or equipment such words shall be interpreted in accordance with such meaning. Refer- ence to standard specifications, manuals or codes of any technical society, organization or association, or to the code of any governmental authority, .whether such reference be specific or by implication, shall mean the latest standard spec- ification,, manual or code in effect at the time of opening of Bids (or, on the effective date of the Agreement if there were no Bids), except as may be otherwise specifically stated. However, no provision of any referenced standard specifica- tion, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of their agents or employees from those set forth in the Contract Documents. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided for in paragraph 9.3. 3.4. The Contract Documents will be governed by the law of the place of the Project. Reuse of Documents: 3.5. Neither CONTRACTOR nor any Subcontractor, manufacturer, fabricator, supplier or distributor shall have or acquire any title to or ownership rights in any of the Draw- ings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER; and they shall not reuse any of them on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER. Availability of Lands: 4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be per- formed, rights-of-way for access thereto, and such other lands which are' designated for the use of CONTRACTOR. Ease- ments for permanent structures or permanent changes in ex- isting facilities will be obtained and paid for by OWNER, un- less otherwise provided in the Contract Documents. If CON- TRACTOR believes that any delay in OWNER's furnishing these lands or easements entitles him to an extension of the Contract Time, CONTRACTOR may make a claim therefor as provided in Article 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. Physical Conditions--In vestigations and Reports: 4.2. Reference is made to the Supplementary Conditions for identification of those reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which have been relied upon by ENGINEER in prepa- ration of the Drawings and Specifications. Such reports are not guaranteed as to accuracy or completeness and are not part of the Contract Documents. ,, Unforeseen Physical Conditions: 4.3. CONTRACTOR shall promptly notify OWNER and ENGINEER in writing of any subsurface or latent physical conditions at the site or in an'existing structure differing mate- rially from those indicated or re[erred to in the Contract Documents. ENGINEER will promptly review those condi- tions and advise OWNER in writing if further investigation or tests are necessary. Promptly thereafter, OWNER shall obtain the necessary additional investigations and tests and furnish copies to ENGINEER and CONTRACTOR. If ENGINEER finds that the results of such investigations or tests indicate that there are subsurface or latent physical conditions which differ materially from those intended in the Contract Docu- ments, and which could not reasonably have been anticipated by CONTRACTOR, a Change Order shall be issued incorpo- rating the necess~_ry revisions. Reference Points: 4.4. OWNER shall provide engineering surveys for con- struction to establish reference points which in his judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be ~esponsible for laying out the Work (unless o~:herwise specified in the General Require- ments), shall pr'otect and preserve the established reference points and shalr make no changes or relocations without the prior written ag'~roval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed or req'_~res relocation because of necessary changes in grades or loc~fiens, and shall be responsible for replace- I0 mcnt or relocation of such rcfcrcncc points by professionally qualified personnel. result of an offcnse dircclly or indirectly rclatcd to Ihc employment of such person by CONTRACTOR, or (ii) by any other person for any other reason; ARTICLE 5--BONDS AND INSURANCE Performance and Other Bonds: 5.1. CONTRACTOR shall furnish performance and pay- merit Bonds, each in an amount al least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Docu- ments. These Bonds shall remain in effect at least until one year after the date of final payment, except as otherwise pro- vided by law. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the forms prescribed by the bidding docu- ments or Supplementary Conditions and be executed by such Sureties as (i) are licensed to conduct business in the state where the Project is located, and (ii) are named in. the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. 5.2. If the Surety on any Bond furnished b~ CONTRAC- TOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of clauses (i) and (ii) of paragraph 5.1, CONTRACTOR shall within five days thereafter substitute another Bond and Sur. ety, both of which shall be acceptable to OWNER. Con tractor's Liability Insurance: 5.3. CONTRACTOR shall purchase and maintain such comprehensive general liability and other insurance as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance of the Work and CONTRACTOR's other obligations under the Contract Documents, whether such performance is by CON- TRACTOR, by any Subcontractor, by anyone directly or in- directly employed by any of them, or by anyone for whose acts any of them may be liable: 5.3.1. Claims under workers' 'or workmen's compen- sation, disability benefits and other similar employee benefit acts; 5.3.2. Claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRAC- TOR's employees; 5.3.3. Claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 5.3.4. Claims for damages insured by personal injury liability coverage which are sustained (i) by any person as a 5.3.5. Claims for damages, other than to the Work it- self, because of injury to or destruction of tangible prop- erly, including loss of use resulting therefrom; and 5.3.6. Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The insurance required by this paragraph 5.3 shall include the specific coverages and be written for not less than the limits of liability and coverages provided in the Supplementary Condi- tions, or required by law, whichever is greater. The com- prehensive general liability insurance shall include completed operations insurance. All such insurance shall contain a provi- sion that the coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and ENGINEER. All such insurance shall remain in effect until final payment and at all times thereafter when CON- TRACTOR may be correcting, removing or replacing defec- tive Work in accordance with paragraph 13.12. In addition, CONTRACTOR shall maintain such completed operations insurance for at least two years after final payment and furnish OWNER with evidence of continuation of such insur- ance at final payment and one year thereafter. Contractual Liability Insurance: 5.4. The comprehensive general liability insurance required by paragraph 5.3 will include contractual liability insurance applicable to CONTRACTOR's obligations under paragraphs 6.30 and 6.31. Owner's Liability Insurance: 5.5. OWNER shall be responsible for purchasing and maintaining his own liability insurance and, at his option, may purchase and maintain such insurance as will protect OWNER against claims which may arise from o'perations under the Contract Documents. Property Insurance: 5.6. Unless otherwise provided in the Supplementary Conditions, OWNER shall purchase and maintain property insurance upon the Work at the site to the full insurable value thereof (subject to such deductible amounts as may be pro- vided in the Supplementary Conditions or required by law). This insurance shall include the interests of OWNER, CON- TRACTOR and Subcontractors in the Work, shall insure against the perils of fire and extended coverage and shall include "all risk" insurance for physical loss and damage including theft, vandalism and malicious mfschief, collapse and water damage, and such other perils as may be provided in the Supplementary Conditions, and shall include damages, losses and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any · insured property (including fees and charges of engineers, II architects, attorneys aqd other professionals). If not coyer'cd under the "all risk" insurance or otherwise provided in the Supplementary Conditions, CONTRACTOR shall purchase and maintain similar property insurance on portions of the Work stored on and off the site or in transit when such por- tions of the Work are to be included in an Application for Payment. The policies of insurance required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.'/ shall contain a provision that the coverage afforded will not be cancelled or materially changed until at least thirty days' prior written notice has been given to CONTRACTOR. 5.'/. OWNER shall purchase and maintain such boiler and machinery insurance as may be required by the Supplemen- tary Conditions or by law. This insurance shall include the interests of OWNER, CONTRACTOR and Subcontractors in the Work. 5.8. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR or Subcontractors in the Work to the extent of any deductible amounts that are provided in the Supple- mentary Conditions. If CONTRACTOR wishes property insurance coverage within the limits of such amounts, CONTRACTOR may purchase and maintain it at his own expense. 5.9. If CONTRACTOR requests in writing that other'spe- cial insurance be included in the property insurance policy, OWNER shall, if possible, include such insurance, and the cost thereof shali be charged to CONTRACTOR by appropri- ate Change Order. Prior to commencement of the Work at the site, OWNER will in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. ffZaiver of R ights: 5.10. OWNER and CONTRACTOR waive all rights against each other and the Subcontractors and their agents and employees and against ENGINEER and separate contrac- tors (if any) and their subcontractors' agents and employees, for damages caused by fire or other perils to the extent cov- ered by insurance provided under paragraphs 5.6 and 5.7, in- clusive, or any other property insurance applicable to the Work, except such rights as they may have to the proceeds of such insurance held by OWNER as trustee. OWNER shall re- quire similar written waivers by ENGINEER and from each separate contractor, and CONTRACTOR shall require simi- lar written walver~ from each Subcontractor (in accordance with paragraph 6.11 as applicable); each such waiver will be in favor of all other parties enumerated in this paragraph 5.10. Receipt and Application of Pr. oceeds: 5.11. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 shall be adjusted with OWNER and made payable to OWNER as trustee for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage cla6se and of para- graph 5.12. OWNER shall deposit in a separate account any money so received, and he shall dislributc it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order. 5.12. OWNER as trustee shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such obje'ction be made, OWNER as trustee shall make settle- ment with the insurers in accordance with such agreement as the parties in interest may reach. If required in writing by any party in interest, OWNER as trustee shall upon the occurrence of an insured loss, give bond for the proper performance of his duties. Acceptance of Insurance: 5.13. If OWNER has any objection to the coverage afforded by or other provisions of the insurance required to be purchased and maintained by CONTRACTOR in accor- dance with paragraphs 5.3 and 5.4 on the basis of its not com- plying with the Contract Documents, OWNER will notify CONTRACTOR in writing thereof within ten days of the date of delivery of such certificates to OWNER in accordance with paragraph 2.7. If CONTRACTOR has any objection to the coverage fifforded by or other provisions of the policies of insurance required to be purchased and maintainei:l by OWNER in accordance with paragraphs 5.6 and 5.'/ on the basis of their not complying with the Contract Documents, CONTRACTOR will notify OWNER in writing thereof with- in ten days of the date of delivery of such certificates to CON- TRACTOR in accordance with paragraph 2.7. OWNER and CONTRACTOR will each provide to the other such addi- tional information in respect 'of insurance provided by him as the other may reasonably request. Failure by OWNER or CONTRACTOR to give any such notice of objection within the time provided shall constitute acceptance of such insur- ance purchased by the other as complying with the Contract Documents. Partial Utilization~Property Insurance: 5.14. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Sut.,stantial Comple- tion of all the Work, such use or occupancy may be accom- plished in accordance with paragraph 14.10; provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected the changes in coverage neces- sitated thereby2 The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or lapse on account of any such partial use or occupancy. ARTICLE 6--CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1. CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto 12 and applying such skills and expertise as may be necessary Io perform the Work in accordance with the Contract Docu- ments. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be solely respon- sible for the negligence of others in the design or selection of a specific means, method, technique, sequence or procedure of construction which is indicated in and required by the Con- tract Documents. CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents. fabricalor, supplier or distributor, thc naming of thc item is inlended to establish the lype, function and quality required. Unless the name is followed by words indicating that no sub- siltation is permitted, materials or equipment of other manu- facturers, fabricators, suppliers or distributors may be accepted by ENGINEER if sufficient information is submit- ted by CONTRACTOR to allow ENGINEER to determine that the material or equipment proposed is equivalent to that named. The procedure for review by ENGINEER will be as set forth in paragraphs 6.7.1 and 6.7.2 below as supplemented in the General Requirements. 6.2. CONTRACTOR shall, keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRAC- TOR. All communications given to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and Equipment: 6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay out the Work and per- form construction as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Sup- plementary Conditions, all Work at the site shall be per- formed during regular working hours, and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to ENGINEER. 6.4.' CONTRACTOR shall furnish all materials, equip- ment, labor, transportation, construction equipment and · machinery, tools, appl'iances, fuel, power, light, heat, tele- phone, water and sanitary facilities and all other facilities and incidentals necessary for the execution, testing, initial oper- ation and completion of the Work. 6.5. Ail materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Docu- ments. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. 6.6. All materials and equipment shall be applied, in- stalled, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufac- turer, fabricator, supplier or distributor, except as otherwise provided 'in the Contract Documents. Equivalent Materials and Equipment: 6.7. Whene(,er materials or equipment are specified or de- scribed in the Drawings or Specifications by using the name of a proprietary item or the name of a particular manufacturer, 6.7.1. Requests for review of substitute items of material and equipment will not be accepted by ENGI- NEER from anyone other than CONTRACTOR. If CON- TRACTOR wishes to furnish or use a substitute ilcm of material or equipment CONTRACTOR shall make written application to ENGINEER for acceptance thereof, certify- ing that the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as that specified. The application will state whether or not acceptance of the substitute for use in the Work will require a change in the Drawings or Specifications to adapt the design to the substitute and whether or not incorpora- tion or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified shall be identified in the application and available mainte- nance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs that will result directly or indirectly from accept- ance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which shall be considered by ENGINEER in evaluating the proposed substitute. ENGINEER may require CONTRACTOR to furnish at CONTRACTOR's expense addition~.l data about the proposed substitute. ENGINEER will be the sole judge of acceptability, and no substitute will be ordered or installed without ENGI- NEER's prior written acceptance. OWNER may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any substitute. 6.7.2. ENGINEERwill record time required by ENGI- NEER and ENGINEER's consultants in evaluating substi- tutions proposed by CONTRACTOR and in making changes in the Drawings or Specifications occa'.ioned thereby. Whether or not ENGINEER accepts a proposed substitute, CONTRACTOR shall reinburse OWNER for the charges of ENGINEER and ENGINEER's consul'.a~ts for evaluating any proposed substitute. Concerning Subcontractors; 6.8. CONTRACTOR shall not employ any Subcontrzctor or other person or organization (including those who a.-e to furnish the principal items of materials or equip-n'.~ent), 13 whether initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection. A Subconlraclor or other person or organizalion identified in writing !o OWNER and ENGINEER by CONTRACTOR prior 1o the Notice of Award and not objected to in writing by OWNER or ENGINEER prior to the Notice of Award will be deemed acceptable to OWNER and ENGINEER. Acceptance of any Subcontractor, olher person or organization by OWNER or ENGINEER shall not constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. If OWNER or ENGINEER after due investigation has reason- able objection to any Subcontractor, other person or organi- zation proposed by GONTRACTOR after the Notice of Award, CONTRACTOR shall submit an acceptable substi- lute and the Contract Price shall be increased or decreased by the difference in cost occasioned by such substitution, and an appropriate Change Order shall be issued. CONTRACTOR shall not be required to employ any Subcontractor, other person .or organization against whom CONTRACTOR has reasonable objection. 6.9. CONTRACTOR shall be fully responsible for all acts and omissions of his Subcontractors and of persons and organizations directly or indirectly employed by them and of persons and organizations for whose acts any of them may be liable to the same extent that CONTRACTOR is responsible for the acts and omissions of persons directly employed by CONTRACTOR. Nothing in the Contract Documents.shall create any contractual relationship between OWNER or ENGINEER and any Subcontractor or other person or orga- nization having a direct contact with CONTRACTOR, nor snail it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any Subcontractor or other person or organization, except as may otherwise be required by law. OWNER or ENGINEER may furnish to any Subcontractor or other person or organization, to the extent Practicable, evidence of amounts paid to CONTRACTOR on account of specific Work done. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CON- TRACTOR in dividing the Work among Subcontractors or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Sub- contractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which speci- fically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER and contains 'waiver provisions as required by paragraph 5.10. CONTRACTOR shall pay each Subcontractor a just share of any insurance moneys received by CON]TRACTOR on account of losses under policies issued pursuant to paragraphs 5.6 through $,8. Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and royal- ties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invert- 14 tion, design, process, product or device which is Ibc subject of patent rights or copyrights held by others. If a particular invention, design, pr6cess, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGI- NEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the ex- istence of such rights shall be disclosed by OWNER in the Contract Documents. CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses (including attorneys' fees) arising out of any infringement of patent rights or copy- rights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any inven- tion, design, process, product or device not specified in the Contract Documents, and shall defend all such claims in con- nection with any alleged infringement of such rights. Permits: 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all con- struction permits-and licenses. OWNER shall assist CON- TRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of ol~ening of Bids. CON- TRACTOR shall pay all charges of utility service companies for connections to the Work, and OWNER shall pay all charges of such companies for capital costs related thereto. Laws and Regulations: 6.14. CONTRACTOR shall give all notices and comply with all laws, ordinances, rules and regulations applicable to the Work. I f CONTRACTOR observes that the Specifications or Drawings are at variance therewith, CONTRACTOR shall give ENGINEER prompt written notice thereof, and any nec- essary changes shall be adjusted by an appropriate Modifica- tion. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to such laws, ordi- nances, rules and regulations, and without' such notice to ENGINEER, CONTRACTOR shall bear all costs arising therefrom; however, it shall not be CONTRACTOR's pri- mary responsibility to make certain that the Specifications and Drawings are in accordance with such laws, ordinances, rules and regulations. Taxes: 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to paid by him in accordance with the law of the place of the Project. Use of Premises: 6.16. CONTRACTOR shall confine construction equip- ment, the storage of materials and equipment and the OlVera- tions of workmen to areas permitted by law. ordinances, permits or the requirements of the Contract Documents, and shall not unreasonably encumber the premises with cons:ruc- tion equipment or other materials or equipment. 6.1'/. During Ihc progress or Ih~. Wolk, ('(~N'I'RACTOR shall kccp Ibc premises frce from ac'--~nmnl:tli~,n~ of wnslc ma- Icrials, rubbish and olbcr debris rc~::~hing f~m Ihc Work. Al Ibc completion of Ibc Work CONTRACTOR shall ~cmove all waste materials, rubbish and debris From and libOtll the prem- ises as well as all Iools, applianc~., conslruclion equipment and machinery, and surplus materim~s, and shall leave the site clean and ready for occupancy by OXVNER. CONTRACTOR shall restore to their original fondle;on those portions of the file not designated for alteration by thc Contract Documents. able to thc fault of Drawings or Spccifications or to thc acts or omissions of OWNER or ENGINEER or anyonc employed by either of thcm or anyone for whose acts cithcr of them may be liable, and noi attributable, dircctly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such tlmc as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with para- graph 14.13 that the Work is acceptable. 6.18. CONTRACTOR shall ..not load nor permit any part of any structure to be loaded in any ~--~anner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to s~:resses or pressures that will endanger it. 6.21. CONTRACTOR shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be CONTRAC- TOR's superintendent unless otherwise designated in writing by CONTRACTOR to OWNER. Record Documents: 6.19. CONTRACTOR shall ke~p one record copy of all Specifications, Drawings, Addendm, Modifications, Shop Drawings and samples at the site, in good order and an- notated to show all changes made ~uring the construction process. These shall be available to ENGINEER for exam- ination and shall be delivered to ENGINEER for OWNER upon completion of the Work. Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and pro- grams in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall pro- vide the necessary protection to prevent damage, injury or loss to: 6.20.1. all employees on the Work and other persons who may be affected thereby, 6.20.2. all the Work and all materials or equipment to be incorporated therein, whether in storage on or off the sile, and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs,' lawns, walks, pavements, road- ways, structures and utilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable laws, ordi- nances, rules, regulations and orders of any public body hav- ing jurisdiction for the safety of persons or property or to pro- tect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protec- ti6n. CONTRACTOR shall notify owners of adjacent prop- erty and utilities when prosecution of the Work may affect them. All damage, injury or loss to any propert~; referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attribut- Emergencies: 6.22. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent there- to, CONTRACTOR, without special instruction or authoriza- tion from ENGINEER or OWNER, is obligated to act to pre- vent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER prompt written notice of any significant changes in the Work or deviations from the Contract Docu- ments caused thereby. · Shop Drawings and Samples: 6.23. After checking and verifying all field measurements, CONTRACTOR shall submit to ENGINEER for review and approval, in accordance with the accepted schedule of Shop Drawing submissions (see paragraph 2.8), five copies (unless otherwise specified in the General Requirements) of all Shop Drawings, which shall have been checked by and stamped with the approval of CONTRACTOR and identified as ENGINEER may require. The data shown on the Shop Draw- ings will be complete with respect to dimensions, design cri- teria, materials of construction and like information to enable · ENGINEER to review the information as required. 6.24. CONTRACTOR shall also submit to ENGINEER for review and approval with such promptness as to cause no delay in Work, all samples required by the Contract Docu- ments. All samples will have been checked by and stamped with the approval of CONTRACTOR, identified clearly as to material, manufacturer, any pertinent catalog numbers and the use 'for which intended. 6.25. At the time of each submission, CONTRACTOR shall in writing call ENGINEER's attention to any deviations that the Shop Drawings or samples may have from the requirements of the Contract Documents. 6.26. ENGINEER will review and approve with reason- able promptness Shop Drawings and samples, but ENGI- NEER's review and approval shall be only for conformance with the designconcept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means, methods, sequences, techniques or pro-. 15 cedures of conslr~sction or to safely prccaulions or programs incident thereto. The rcvicw and approval of a separate ilcm as such will not indicate approval of thc assembly in which the item functions. CONTRACTOR shall make any corrections required by ENGINEER and shall return the required number of corrected copies of Shop Drawings and resubmit new samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. CONTRACTOR's stamp of approval on any Shop Drawing or sample shall constitute a representation to OWNER and ENGINEER that CONTRAC'~OR has either determined and verified all quantities, dimensions, field construction criteria, materials, catalog numbers, and similar data or assumes full responsibility for doing so, and that CONTRACTOR has re- viewed or coordinated each Shop Drawing or sample with the requirements of the Work and the Contract Documents. 6.27. Where a Shop Drawing or sample is required by the Specifications, no related Work shall be commenced until the submittal has been reviewed and approved by ENGINEER. 6.28. ENGINEER's review and approval of Shop Draw- ings or samples shall not relieve CONTRACTOR from re- sponsibility for any deviations from the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to such deviation at the time of submission and · ENGINEER has given written concurrence and approval to · the specific deviation, nor shall any concurrence or approval by ENGINEER relieve CONTRACTOR from responsibility for errors or omissions in the Shop Drawings. Continuing the Work: 6.29. CONTRACTOR shall carry on the Work and main- tain the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pend- ing resolution of any disputes or disagreements, except as CONTRACTOR and OWNER may otherwise agree in writing. Indemnification: 6.30. To the fullest extent permitted by law, CON- TRACTOR shall indemnify and hold harmless OWNER and ENGINEER and their agents and employees from and against all claims, damages, losses and expenses including but not limited to attorneys' fees arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (a) is attributable' to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, anyone directly or indirectly employed by any 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. 6.31. In any and all claims against OWNER or ENGI- NEER or any of their agents or employees by any employee of. CONTRACTOR, any Subcontractor, anyone directly or indi- rectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.30 shall not be limited in any way by any limita- tion on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any Subcon- tractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 6.32. The obligations of CONTRACTOR under para- graph 6.30 shall not extend to the liability of ENGINEER, his agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications. ARTICLE 7uWORK BY OTHERS 7.1. OWNER may perform additional work related to the Project by himself, or have additional work performed by utility service companies, or let other direct contracts therefor which shall contain General Conditions similar to these. CONTRACTOR shall afford the utility service companies and the other contractors who are parties to such direct con- tracts (or OWNER, if OWNER is performing the additional work with OWNER's employees) reasonable opportunity for the introduction and storage of materials and equipment and the execution of work, and shall properly connect and coordi- nate his Work with theirs. 7.2. If any part of CONTRACTOR's Work depends for proper execution or results upon the work (~f any such other contractor or utility service company (or OWNER), CON- TRACTOR shall inspect and promptly report to ENGINEER in writing any patent or apparent defects or deficiencies in such work that render it unsuitable for such proper execution and results. CON;FRACTOR's failure so to report shall con- stitute an acceptance of the other work as fit and proper for integration with CONTRACTOR's Work except for latent or non-apparent defects and deficiencies in the other work. 7.3. CONTRACTOR shall do all cutting, fitting and patching of his Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. 7.4. If the performance of additional work by other con- tractors or utility service companies or OWNER was not noted in the Contract Documents, written notice thereof shall be given to CONTRACTOR prior to starting any such addi- tional work. If CONTRACTOR believes that the perform- ance of such additional work by OWNER or others involves additional expense to CONTRACTOR or requires an ex- tension of the Contract Time, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. 16 ARTICLE 8--OWNER'S RESPONSIBILITIES 8.1. OWNER shall issue all communications Io CONTRACTOR through ENGINEER. 8.2. In case of termination of lhc employment of ENGI- NEER, OWNER shall appoint an engineer against whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former ENGINEER. Any dispute in connection with such appoinment shall be subject to arbitration. 8.3. OWNER shall furnish th6 data required of OWNER under the Contract Documents promptly and shall make pay- ments to CONTRACTOR promptly after they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish ref- erence points are set forth in paragraphs 4.1 and 4.4 Para- graph 4.2 refers to OWNER's identifying and making avail- able to CONTRACTOR copies of reports of investigations · and tests of subsurface and latent physical conditions at the site or otherwise affecting performance of the Work which have been relied upon by ENGINEER in preparing the Draw- ings and Specifications. 8.5. OWNER's responsibilities in respect of purchasing and maintaining liability and property insurance are set forth in paragraphs $.5 through 5.7. 8.6. In connection with OWNER's rights to request changes in the Work in accordance with Article 10, OWNER (especially in certain instances as provided in paragraph 10.4) . is obligated to execute Change Orders. 8.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances. ARTICLE 9--ENGINEER'S STATUS DURING CONSTRUCTION Owner'~ Represenlalive: 9.1. ENGINEER will be OWNER's respresentatlve dur- ing the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Con- tract Documents and shall not be extended without written consent of OWNER and ENGINEER. Visits to Site: 9.2. ENGINEER will make visits, to the site at intervals appropriate to the various stages of construction to observe the 17 progress and qualily of the executed Work and to dctcrmlne, in general, if the Work is proceeding in accordance with Ihe Contract Documents. ENGINEER will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater de- gree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on- site observations as an experienced and qualified design pro- fessional, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work. Clarifications and In terpretations: 9.3. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as ENGI- NEER may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes that a writ- ten clarification or interpretation justifies an increase in the Contract Price or Contract Time, CONTRACTOR may make a claim therefor as provided in Article 11 or Article 12. Rejecting Defective Work: 9.4. ENGINEER will have authority to disapprove or . reject Work which is defective, and will also have authority to · require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments: 9.5. In connection with ENGINEER's responsibility for Shop Drawings and samples, see paragraphs 6.23 through 6.29 inclusive. 9.6. In connection with ENGINEER's responsibilities as to Change Orders, see Articles 10, I I and 12. 9.7. In connection with ENGINEER's responsibilities in respect of Applications for Payment, etc., see Article 14. Project RepreSentation: 9.8. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGI- NEER in observing the performance of the Work. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions. If OWNE.. des- ignates another agent to represent him at the site who ~s not ENGINEER's agent or employee, the duties, responsibilities and limitations of authority of such other person will be as provided in the Supplementary Conditions. Decisions on Disagreements: 9.9..ENGINEER will be the initial interpreter of the re- .quirements of the Contract Documents and judge of the ac- ceptability of the Work thereunder. Claims, disputes and other matters rclaling Io the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to Ihe execulion and progress of the Work shall be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph, which ENGINEER will render in writing within a reasonable time. Written notice of each such claim, dispute and other matter shall be delivered by the claimant to ENGINEER and the other party to the Agreemen{ within fifteen days of the occur- rence of the event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within forty-five days of such Occurrence unless ENGINEER allows an additional period of time to ascertain more accurate data. In his capacity as interpreter and judge ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.10. The rendering of a decision by ENGINEER pursu- afit to paragraph 9.9 with respect to any such claim, dispute or other matter (except any which have been waived by the mak- ing or acceptance of final payment as provided in paragraph 14.16) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or at law in respect of any such claim, dispute or other matter. Limitations on ENGINEER's Responsibilities: 9.11. Neither ENGINEER's authority to act under this Article 9 or elsewhere in the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR, any Sub- contractor, any manufacturer, fabricator, supplier or dis- tributor, or any of their agents or employees or any other person performing any of the Work. 9.12. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed" or terms of like effect or import are used, or the adjectives "reasor~able", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used, to describe requirement, direction, review or judgmerit of ENGINEER as to the Work, it is intended that such require- ment, direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective never indicates that ENGI- NEER shall have authority to supervise or direct performance of the Work or authority to undertake responsibility contrary to the provisions of paragraphs 9.-'!3 or 9.14. 9.13. ENGINEER will not be responsible for CON- TRACTOR's means, methods, techniques, sequences or pro- cedures of construction, or the safety precautions and programs incident thereto, and ENGINEER will not be re- sponsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. 9.14. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractors, or of the agents or employees of any CONTRACTOR or Subcon- tractor, or of any other persons at the site or otherwise performing any of the Work. ARTICLE 10--CHANGES IN THE WORK 10.1. Withou't invalidating the Agreement, OWNER may, at any time or from time lo time, order additions, deletions or revisions in the Work; these will be authorized by Change Orders. Upon receipt of a Change Order, CONTRACTOR shall proceed with the Work involved. All such Work shall be executed under the applicable conditions of the Contract Documents. If any Change Order causes an increase or de- crease in the Contract Price or an extension or shortening of the Contract Time, an equitable adjustment will be made as provided in Article ! 1 or Article 12 on the basis of a claim made by either party. 10.2. ENGINEER may authorize minor changes in the Work not involving an adjustment in the Contract Price or the Contract Time, which are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and shall be binding on O\VNER, and also on CONTRACTOR who shall perform the change promptly. If CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or Contract Time, CON- TRACTOR may make a claim therefor as provided in Article i I or Article 12. 10.3. Additional Work performed without authorization of a Change Order will riot entitle CONTRACTOR to an in- crease in the Contract Price or an extension of the Contract Time, except in the case of an emergency as provided in para- graph 6.22 and except as provided in paragraphs 10.2 and 13.9. 10.4. OWNER shall execute appropriate Change Orders prepared by ENGINEER covering changes in {he Work which are required by OWNER, or required because of unforeseen physical conditions or emergencies, or because of uncovering Work found not to be defective, or as provided in paragraphs 11.9 or ll.10, or because of any other claim of CONTRAC- TOR for a change in the Contract Time or the Contract Price which is recommended by ENGINEER. 10.5. If notice of any change affecting the general scope of the Work or change in the Contract Price is required by the provisions of any Bond to be given to the Surety, it will be CONTRACTOR's responsibility to so notify the Surety, and the amount of each applica~!e Bo~d shall be adjusted accord- ingly. CONTRACTOR sh~'l furrfish proof of such adjust- ment to OWNER. ARTICLE Il--CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compensation (subject to a~:horL.-:'a adjustments) payable to 18 CONTRACTOR for performing thc Work. All duties, re- sponsibililies and obligations assigned to or undertaken by CONTRACTOR shall be at his expense without change in thc Contract Price. 11.2. The Contract Price may only be changed by a Change Order. Any claim for an increase in the Contract Price shall be based on written notice delivered to OWNER and ENGINEER within fifteen days of the occurrence of the event giving rise to the claim. Notice of the amount of the claim with supporting data shall be delivered within forty-five days of such occurrence unless ENGINEER allows an addi- tional period of time to ascertain accurate cost data. Ali claims for adjustment in the Contract Price shall be deter- mined by ENGINEER if OWNER and CONTRACTOR can- not otherwise agree on the amount involved. Any change in the Contract Price resulting from any such claim shall be in- corporated in a Change Order. 11.3. The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 11.3.1. Where the Work involved is covered by unit prices contained in the Contract Documents, by applica- tion of unit prices to the quantities of the items involved (subject to the provisiongof paragraph 11.9). 11.3.2. By mutual acceptance of a lump sum. 11.3.3. On the basis of the Cost of the Work (deter- mined as provided in paragraphs 11.4 and 11.5) plus a Contractor's Fee for overhead and profit (determined as provided in paragraph 11.6).' · Cost of the Work: 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for em- ployees not employed full time on the Work shall be appor- tioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workm~:n's compen- sation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. Such employ- ees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Sunday or legal holidays, shall be included in.the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipmcnl furnished and incorporated in the Work, including costs of transpor- tation and storage thereof, and manufacturers' field services required in connection therewith. All cash dis- counts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to OWNER and CONTRACTOR shall make provi- sions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by OWNER, CONTRACTOR shall obtain com- petitive bids from Subcontractors acceptable to CON- TRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee, the Subcontractor's Cost of the Work shall be determined in the same manner as CONTAC- TOR's Cost of the Work. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants 0ncluding, but not limited to, engineers, architects, testing Iaboratories, sur- veyors, lawyers and accountants) employed for services specifically related to the Work. ! 1.4.5. Supplemental costs including the following: 11.4.5.1. The proportion -of necessary trans- portation, travel and subsistence expenses of CON- TRACTOR's employees incurred in discharge of duties eonnec!ed with the Work. 11.4.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workmen, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CON- TRACTOR.' 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in b. ccordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation,'loading, .unloading, installation, dismantling and reanoval thereof--all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. l 1.4.5.4. Sales, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by any governmental authority. 19 I !.4.5.5. De,sits lost for causes other than CON- TRACTOR's negligence, royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses), not compensated by insurance or otherwise, to the Work or otherwise sustained by CONTRACTOR in connection with the execution of the Work, provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone di- rectly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of oV, rNER- No such losses, damages and ex- penses shall be included in the Cost of the Work for the purpose of determining Contractor's Fee. If, however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CON- TRACTOR shall be paid for services a fee proportion- ate to that stated in paragraph ! 1.6.2. 11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site. · 11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work. 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CON- TRACTOR's officers, executives, principals (of partner- ship and sole proprietorships), general managers, engineers, architects, estimators, lawyers, auditors, accountants, purchasing and contracting agents, expedi- tors, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in his principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in subparagraph 11.4.1--all of which are to be considered administrative costs covered by the Contractor's Fee. 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOt~'s capital ex- penses, including interest on CONTRACTOR's capital employed for the Work and charges against CON- TRACTOR for delinquent payments. 1 !.5.4. Cost of premiums for all Bonds and for all in- Surance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for additional Bonds and insurance required be- cause of changes in the Work}. !1.5.5. Costs due to the negligence of CONTRAC- TOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. ! 1.5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. Contractor's Fee: 11.6. The Contractor's Fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: II.6.1. a mutually acceptable fixed fee; or if none can be agreed upon, !1.6.2. a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, the Contractor's Fee shall be ten percent, 11.6.2.2. for costs incurred under paragraph 11.4.3, the Contractor's Fee shall be five percent; and if a subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to the Subcontractor as a fee for overhead and profit shall be ten percent, and 11.6.2.3. no fee shall be payable on the basis of costs itemized under paragraphs II.4.4, 11.4.5 and il.5. ! 1.7. The amount of credit to be allowed by CONTRAC- TOR to OWNER for any such change which results in a net decrease in cost, will be the amount of the actual net decrease. When both additions and credits are involved in any one change, the combined overhead and profit'shall be figured on the basis of the net increase, i f any. Adjustment of Unit Prices: 1 !.8. Whenever the cost of any Work is to be determined pursuant to paragraphs 11.4 and ! 1.5, CONTRACTOR will submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data. !1.9. Where the quantity of Work with respect to any-' ' item that is covered by a unit price differs materially and sig- nificantly from the quantity of such Work indicated in the Contract Documents, an appropriate Change Order shall be issued on recommendation of ENGINEER to adjust the unit price. 20 Cash A/lowonces: ! 1.10. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors, manufacturers, fabricators, suppliers or distributors and for such sums within the limit of the allow- ances as may be acceptable to ENGINEER. Upon final pay- ment, the Contract Price shall be adjusted as required and an appropriate Change Order issued. CONTRACTOR agrees that the orlgina] Contract Price includes such sums as CON- TRACTOR deems proper for c.osts and profit on account of cash allowances. No demand for additional cost or profit in connection therewith will be valid. ARTICLE 12--CHANGE OF THE CONTRACT TIME 12.1. The Contract Time may only be changed by a Change Order. Any claim for an extension in the Contract Time shall be based on written notice delivered to OWNER and ENGINEER within fifteen days of the occurrence of the event giving rise to the claim. Notice of the extent of the claim with supporting data shall be delivered within forty-live days of such occurrence unless ENGINEER allows an additional period of time to ascertain more accurate data. All claims for adjustment in the Contract Time shall be determined by ENGINEER if OWNER and CONTRACTOR cannot other- wise agree. Any change in the Contract Time resulting from any such claim shall be incorporated in a Change Order. 12.2. The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of CON- TRACTOR if a claim is made therefor as provided in para- graph 12.1. Such delays shall include, but not be limited to, acts or neglect by OWNER or others performing additional Work as contemplated by Article 7, or to fires, floods, labor disputes, epidemics, abnormal weather conditions, or acts of God. 12.3. All time limits stated in the Contract Documents are of the essence of the Agreement. The provisions of this Article 12 shall not exclude recovery for damages (including compen- sation for additional professional services) for delay by either party. ARTICLE 13--WARRANTY AND GUARANTEE; TESTS AND INSPECTION.S; CORREC- TION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK Warranty and Guarantee: "' 13.1. CONTRACTOR warrants and guarantees to OWNER and ENGINEER that all Work will be in accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to CONTRAC- TOR. All defective Work, whether or not in place, may be rejected, corrected or accepted as provided in this Article 13. Access to Work: 13.2. ENGINEER and ENGINEER's representatives, other representatives of OWNER, testing agencies and gov- ernmental agencies with jurisdictional interests will have ac- cess to the Work at reasonable times for their observation, in- spection and testing. CONTRACTOR shall provide proper and safe conditions for such access. Tests and Inspections: 13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals. 13.4. If any law, ordinance, rule, regulation, code, or order of any public body having jurisdiction requires any Work (or part thereof) to specifically be inspected, tested or approved, CONTRACTOR shall assume full responsibility therefor, pay all costs in connection therewith and furnish ENGINEER the required certificates of inspection, testing or approval. CONTRACTOR shall also be responsible for and shall pay all costs in connection with any inspection or testing required in connection with OWNER's or ENGINEER's ac- ceptance of a manufacturer, fabricator, supplier or distrib- utor of materials or equipment proposed t° be incorporated in the Work, or of materials or equipment submitted for ap- proval prior to CONTRACTOR's purchase thereof for incor- poration in the Work. The cost of all other inspections, tests and approvals required by the Contract Documents shall be paid by OWNER (unless otherwise specified). 13.:5. Ail inspections, tests or approvals other than those required by law, ordinance, rule, regulation, code or order of any public body having jurisdiction shall be performed by or- ganizations acceptable to OWNER and CONTRACTOR {or by ENGINEER if so specified). 13.6. If any Work that is to be inspected, tested or ap- proved is covered without written concurrence of ENGI- NEER, it must, if requested by ENGINEER, be uncovered for observation. Such uncovering shall be at 'CONTRAC- TOR's expense unless CONTRACTOR has given ENGI- NEER timely notice of CONTRACTOR's intention to cover such Work and ENGINEER has not acted with reasonable promptness in response to such notice. 13.7. Neither observations by ENGINEER nor inspec- tions, tests or approvals by others shall relieve CONTRAC- TOR from his obligations to perform the Work in accordance with the Contract Documents. Uncovering Work: 13.8. if any Work is covered contrary to the written re- quest of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspe~ed or tested by others, CONTRACTOR, at ENGINEER's re- 21 quest, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may re- quire, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall bear all the ex- penses of such uncovering, exposure, observation, inspeclion and testing and of satisfactory reconstruction, including com- pensation for additional professional services, and an appro- priate deductive Change Order shall be issued. If, hov3ever, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such un- covering, exposure, observation, inspection, testing and reconstruction if he makes a claim therefor as provided in Articles il and 12. Owner May Stop the Work: 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workmen or suitable materials or equipment, OWNER may order CONTRACTOR to stop the ... Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRAC- TOR or any other party. Correction or Removal of Defective Work: 13.11. If required by ENGINEER, CONTRACTOR shall promptly, without cost to OWNER and as specified by ENGI- NEER, either correct any defective Work, whether or not fab- ricated, installed or completed, or, if the Work has been re- jected by ENGINEER, remove it from the site and replace it with nondefective Work. One Year Correction Period: 13.12. If within one year after the date of Substantial Completion or such longer periOd of time as may be pre- scribed by law or by the terms of any applicable special guarantee required by the Contract Documents or by any spe- cific provision of the Contract Documents, any Work is found to be .defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions, either correct such defective Work, or, if it has been rejected by OWNER, remove it from the site and replace it with nondefective Work. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay'would cause serious risk of loss or damage, OWNER may have the defective WOrk corrected or the rejected Work removed and replaced, and all direct and indirect costs of such removal and replacement, including compensation for additional profes, sional services, shall be paid by CONTRACTOR. -' Acceptance of Defective Work: 13.13. If, instead of requiring correction or removal and ~ replacement of defective Work, OWNER (and,.. prior to ENGINEER's recommendation of final payment, also ENGI- NEER) prefers to accept it, OWNER may do so. In such case, if acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order shall be issued incorporat- ing thc necessary revisions in the Contract Documents, includ- ing appropriate reduction in the Contract Price; or, if the ac- ceptance occurs after such recommendation, an appropriate amount shall be paid by CONTRACTOR to OWNER. 0 WNER May Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice of ENGINEER to proceed to correct and to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with para- graph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents (including any re- quirements of the progress schedule), OWNER may, after seven days' written notice to CONIRACTOR, correct and remedy any such deficiency. In exercising his rights under this paragraph OWNER shall proceed expeditiously. To the extent necessary to complete corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and sus- pend CONTRACTOR's services related thereto, take posses- sion of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER,' OWNER's representatives, agents and employees such access · to the site as may be necessary to enable OWNER to exercise his rights under this paragraph. All direct and indirect costs of OWNER in exercising such rights shall be charged against CONTRACTOR in an amount verified by ENGINEER, and a Change Order shall be issued incorporating the necessary revi- sions in the Contract Documents and a reduction in the Con- tract Price. Such direct and indirect costs shall include, in par- ticular but without limitation, compensation for additional professional services required and all costs of repair and replacement of work of others destroyed or damaged by cor- rection, removal or replacement of CONTRACTOR's defec- tive Work. CONTRAC'I'OR shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's rights hereunder. ARTICLE In--PAYMENTS TO CONTRACTOR AND coMPr not4 Schedules: 14.1 At least ten days prior to submitting the first Appli- cation for a progress payment, CONTRACTOR shall (except as otherwise specified in the General Requiremenis) submit to ENGINEER a progress schedule, a final schedule of Shop Drawing submission and where applicable a schedule of val- ues of the W(~rk. These schedules shall be satisfactory in form and substance to ENGINEER. The schedule of values shall in- clude quantities and unit prices aggregating the Contraci' Price, and shall subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Upon acceptance of the schedule of val- ues by ENGINEER, it shall be incorporated into a form of Application for Payment acceptable to ENGINEER. 22 Application for Progress Payment: 14.2. At least ten days before each progress payment falls due (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for rcvlcw an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents and also as ENGINEER may reasonably require. If payment is requested on thc basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by such data, satisfactory to OWNER, as will establish OWNER's title to the material and equipment and protect OWNER's interest therein, including applicable insurance. Each subsequent Application for Payment shall include an affidavit of CONTRACTOR stating that all previous progress payments received on account of the Work have been applied to discharge in full all of CONTRACTOR's obligations reflected in prior Applications for Payment. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. CONTRA CTOR's Warranty of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Appli- cation for Payment, whether incorporated in the Project or not, will pass to OWNER at the time of payment free and clear of all Iiens, claims, security interests and encumbrances (hereafter in these General Conditions referred to as "Liens"). Review of /lpplications for Progress Payment: 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a rec- ommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indi- cating in writing ENGINEER's reasons for refusing to recom- mend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. OWNER shall, within ten days of presentation to him of the Application for Payment with ENGINEER's.recommenda- tion pay CONTRACTOR the amount recommended. 14.5.. ENGINEER's recommendation of any payment quested in an Application for Payment will constitute a rep- resentation by ENGINEER to OWNER, based on ENGI- NEER's on-site observations of the Work in progress as an experiericed and qualified design professional and on ENGI- NEER's review of the Application for Payment and the accompanying data and schedules that the Work has pro- gressed to the point indicated; that, to the best of ENGINEER's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents {subject to an evaluation of the Work as a functioning Project upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents and any qualifica- tions stated in the recommendation: and that CONTRAC- TOR is entitled to payment of the amount recommended. Howcvcr, by rccommcnding any such payment ENGINEER will not thereby bc deemed to have represented thai exhaustive or continuous on-site inspections have been made to check thc quality or the quantity of thc Work, or that the mcans, methods, techniques, sequences, and procedures of construc- tion have been reviewed or that any examination has been made to ascertain how or for what purpose CONTRACTOR has used thc moneys paid or to bc paid to CONTRACTOR on account of the Contract Price, or that title to any Work, materials or equipment has passed to OWNER fr~ and clear of any Liens. 14.6. ENGINEER's recommendation of final payment will constitute an additional representation by ENGINEER to OWNER that the conditions precedent to CONTRACTOR's being entitled to final payment as set forth in paragraph 14.13 have been fulfilled. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in his opinion, it would be incor- rect to make such representations to'OWNER, lle may also refuse to recommend any such payment, or, because of subse- quently discovered evidence or the results of sul:~--'quent in- spections or tests, nullify and sueh payment previously recom- mended to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2. written claims have been made against OWNER or Liens have been filed in connection with the Work, 14.7.3. the Contract Price has been reduced Ix-cause of Modifications, 14.7.4. OWNER has been required to corr~:t defective Work or complete the Work in accordance with paragraph 13.14, 14.7.5. o9 CONTRACTOR's unsatisfactory prosecu- tion of the Work in accordance v. Sth the Contract Documents, or 14.7.6. CONTRACTOR's failure to make payment to Subcontractors, or for labor, materials or equipment. Substantial Completion: 14.8. When CONTRACTOR conside~ the emire Work ready for its intended use CONTRACTOR _~hall, in *triting to OWNER and ENGINEER, certify that t_"'_e entire Work is substantially complete and requ~'st that ENGINEER issue a certificate of Substantial Completion. ¥,~:.hin a r~onable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Work to d~'ermine the status of completion. If ENGINEER' does not ~-2nsld~' the Work substantially complete, ENGINEER will r:.~tify CONTRAC- TOR in writing giving his reasons there.Cc,.-. If ENGINEER considers the Work substantially complet.-. ENGINEER will 23 preparc and deliver to OWNER a tcntative certificate of Sub- stantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tenta- tive list of items Io be completed or corrected before final pay- ment. OWNER shall have seven days after receipt of the ten- tative certificate during which he may make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGI- NEER concludes that the Work is not substantially complete, ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating his reasons therefor. If, after consideration of OWNER's objections, ENGINEER considers the Work sub- stantially complete, ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as he believes justi-. fled after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CON- TRACTOR a written recommendation as to division of re- sponsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities and insurance. Unless OWNER and CONTRACTOR agree otherwise in writing and so in- form ENGINEER prior to his issuing the definitive certificate of Substantial Completion ENGINEER's aforesaid recom- mendation will be binding on OWNER and CONTRACTOR until final payment. 14.9. OWNER shall have the right to exclude CON- TRACTOR from the Work after the date of Substantial Com- pletion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization: 14.10. Use by OWNER of completed portions of the Work may be accomplished prior to Substantial Completion of ali the Work subject to the following: 14.10.1. OWNER at any time may request CON- TRACTOR in writing to permit OWNER to use any part of the Work which OWNER believes to be substantially complete and which may'be so used without significant interference with construction of the other-parts of the Work. If CONTRACTOR agrees, CONTRACTOR will certify to OWNER and ENGINEER that said part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time thereafter OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider' that part of the Work to be substantially complete, EN- GINEER will notify OWNER and CONTRACTOR in writing giving his reasons therefor. If ENGINEER con- siders that part of the Work to be substantially complete, ENGINEER will execute and deliver to OWNER and CONTRACTOR a certificate to that effect; fixing the date of Substantial Completion as to that part of the Work, attaching thereto a tentative list of items to be completed or corrected before final payment. Prior to issuing a certi- ficate of Substantial Completion as to part of the Work ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to the division of responsi- bilities pending final payment between OWNER and CON- TRACTOR with respect to security, operation, safety, maintenance, utilities and insurance for that part of the Work which shall become binding upon OWNER and CONTRACTOR at the time of issuing the definitive cer- tificate of Substantial Completion as to that part of the Work unless OWNER and CONTRACTOR shall have otherwise agreed in writing and so informed ENGINEER. OWNER shall have the right Io exclude CONTRACTOR from any part of the Work which ENGINEER has so certi- fied to be substantially complete, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. 14.10.2. In lieu of the issuance of a certificate of Sub- stantial Completion as to part of the Work, OWNER may take over operation of a facility constituting part of the Work whether or not it is substantially complete if such facility is functionally and separately useable; provided that prior to any such takeover, OWNER and CONTRAC- TOR have agreed as to the division of responsibilities between OWNER and CONTRACTOR for security, oper- ation, safety, maintenance, correction period, heat, utili- ties and insurance with respect to such facility. 14.10.3. No occupancy of part of the Work or taking over of operations of a facility will be accomplished prior to compliance with the requirements of paragraph 5.14 in respect of property insurance. Fin. al Inspection: 14.11. Upon written notice from CONTRACTOR that the Work is complete, ENGINEER will make a final inspec- tion with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this in- spection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such deficiencies. Final Application for Payment: 14.12. After CONTRACTOR has completed all such cor- rections to the satisfaction of ENGINEER and delivered all maintenance and operating instructions, schedules, guaran- tees, Bonds, certificates of inspection, marked-up record documents and other documents--all as ~uired by the Con- tract Documents, and after ENGINEER has indicated that the Work is acceptable (subject to the provi_4ons of paragraph 14.16), CONTRACTOR may make application for final pay- merit following the procedure for progress payments. The- final Application for Payment shall be a.--zompanied by all documentation called for in the Contract D~'x."-aments and such other data and schedules as ENGINEER may reasonably re- quire, together with complete and legally effecti,,'e releases or 24 waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with thc Work. In lieu thereof and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full; an affidavit of CONTRACTOR that the re- leases and receipts include all labor, services, material and equipment for which a Lien could be filed, and that all pay- rolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or his property might in any way be responsible, have been paid or otherwise satisfied; and consent of the Surety, if any, to final payment. If any Subcontractor, manufacturer, fabricator, supplier or distributor fails to furnish a release or receipt in full, CON- TRACTOR may furnish a Bond or other collateral satisfac- tory to OWNER to indemnify OWNER against any Lien. Final Payment and.4 cceptance: 14.13. If, on the basis of ENGINEER's observation of .the Work during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation--all as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR has fulfilled ali of his obligations under the Contract Documents, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing his recommendation of payment and present the Application to OWNER for payment. There- upon ENGINEER will give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.16. Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final pay- ment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. If the Application and accompanying documentation are appropriate as to form and substance, OWNER shall, within thirty days after receipt thereof pay CONTRACTOR the amount recommended by ENGINEER. 14.14. If, through no fault of CONTRACTOR, final com- pletion of the Work is significantly delayed thereof and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recom- mendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be'held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agree- ment, and if Bonds have been furnished as required in para- graph 5.1, the written consent of the Surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to EN- GINEER with the Application for such payment. Such pay- ment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Contractor's Continuing Obligation: 14.15. CONTRACTOR's obligation to perform and com- plete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by ENGINEER, nor the issuance of a certifi- cate of Substantial Completion, nor any payment by OWNER to CONTRACTOR under the Contract Documents, nor any use or occupancy of the Work or any part thereof by OWNER, nor any act of acceptance by OWNER nor any failure to do so, nor the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13, nor any correc- tion of defective Work by OWNER shall constitute an accept- ance of Work not in accordance with the Contract Documents or a release of CONTRACTOR's obllgation to perform the Work in accordance with the Contract Documents. Waiver of Claims: 14.16. The making and acceptance of final payment shall constitute: 14.16.1. a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from defective Work appearing after final inspec- tion pursuant to paragraph 14.11 or from failure to comply with the Contract Documents or the terms of any special guarantees specified therein; however, it shall not constitute a waiver by OWNER of any rights in respec~ of CONTRACTOR's continuing obligations under the Contract Documents; and 14.16.2. a waiver of all claims by CONTRACTOR against OWNER other than those previously made in writ- ing and still unsettled. ARTICLE 15--SUSPENSION OF WORK AND TERMINATION Owner May Suspend Work: 15.1. OWNER may, at any time and without cause, sus- pend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRAC- TOR and ENGINEER which shall fix the date on which Work shall be resumed. CONTRACTOR si:ail resume the Work on the date so fixed. CONTRACTOR ss~.Zl be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any su_spension if he makes a claim therefor as provided in Articles 11 and 12. Owner May Terminate: 15.2. Upon the occurrence of a_-%v one or more of the following events: 15.2.1. if CONTRACTOR is ---~judged a b.ankrupt or insolvent, 15.2.2. if CONTRACTOR ~_,zkes a general assign- ment for the benefit of creditors. 15.2.3. if a trustee or r~c=~,-= ~ appointed for CON- TRACTOR or for any of CON'T.R_& ~-"TOR's property, 25 15.2.4. if CONTRACTOR files a petition to take ad- vantage of any debtor's acl, or to reorganize under the bankruptcy or similar laws, 15.2.5. if CONTRACTOR repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, 15.2.6. if CONTRACTOR repeatedly fails to make prompt payments to Subcontractors or for labor, materials or equipment, 15.2.7. if CONTRACTOR disregards laws, ordi- nances, rules, regulations or orders of any public body having jurisdiction, 15.2.8. if CONTRACTOR disregards the authority of ENGINEER, or 15.2.9. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents, OWNER may after giving CONTRACTOR and his Surety seven days' written notice, terminate the services of CON- TRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools,. appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CON- TRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Work, including compensation for additional professional services, such excess shall be paid to CONTRAC- TOR. If such costs exceed such unpaid balance, CONTRAC- TOR shall pay the differer~ce to OWNER. Such costs incurred by OWNER shall be verified by ENGINEER and incorpo- rated in a Change Order, but in finishing the Work OWNER shall not be required to obtain the lowest figure for the Work performed. 15.3. Where CONTRACTOR's services have been so terminated by OWNER, the termination shall not affect any rights of OWNER :igainst CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to ~ONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy, ~lect to abandon the Work and terminate the Agreement. In such case, CON- TRACTOR shall be paid for all Work executed and any ex- pense sustained plus reasonable termination expenses. Contractor ~lay Stop Work or Terminate: 15.5. If, through no ac! or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority, or ENGINEER fails to acl on any Application for Payment within thiry days after it is submitted, or OWNER fails for thirty days to pay CONTRACTOR any sum finally deter- mined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, terminate the Agreement and recover from OWNER payment for all Work executed and any expense sustained plus reasonable termination expenses. In addition and in lleu of terminating the Agreement, if ENGINEER has failed to act on an Appli- cation for Payment or OWNER has failed to make any pay- ment as aforesaid, CONTRACTOR may upon seven days' notice to OWNER and ENGINEER stop the Work until pay- ment of all amounts then due. The provisions of this para- graph shall not relieve CONTRACTOR of his obligations under paragraph 6.29 to car~ on the'Work in accordance with the progress schedule and without delay during disputes and disagreements with OWNER. ARTICLE 16--ARBITRATION 16.1. All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of, or re- lating to the Contract Documents or the breach thereof except for claims which have been waived by the making or accept- ance of final payment as provided by paragraph 14.16, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rdles of the American Arbitration Asso- Ciation then obtaining subject to the limitations of this Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing arbitration law of any court having juris- diction. 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER ini- tially for decision in accordance with paragraph 9.9 shall be made until the earlier of (a) the date on which ENGINEER has rendered a decision or (b) the tenth day after the parties have pre~ented their evidence to ENGINEER ifa written deci- sion has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute Or other matter shall be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.9; and the failure to demand arbitration within said thirty days' period ~hall result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renders a de- cision after arbitration proceedings have been initiated, such decision may be entered as evidence but shall not supersede the arbitration proceedings, except where the decision is' acceptable to the parties concerned. 16.3. Notice of the demand for arbitration shall be flied in writing ~tith the other party to the Agreement and with the 26 American Arbilration Associalion, and a copy shall be sent to ENGINEER for information. The demand for arbitration shall be made within thc thirty-day period specified in para- graph 16.2 where applicable, and in ali other cases within a reasonable lime after Ihe claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. 16.4. No arbitration arising out of or relating to the Con- tract Documents shall include by consolidation, joinder or in any other manner any other pc?son or entity (including ENGI- NEER, his agents, employees or consultants) who is not a party !o this Agreement unless: 16.4.1. lhe inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, 16.4.2. such other person or entity is substantially in- volved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CON- TRACTOR has been obtained for such inclusion, which · consent shall make specific reference to this paragraph; ° but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration wiih any party not specifically identified in such consent. 16.:5. The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having juris- diction thereof, and will not be subject to modification or ap- peal except to the extent permitted by Sections 10 and !1 of the Federal Arbitration.Act (9 U.S.C. §§10, ii). ARTICLE 17--MISCELLANEOUS Giving Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice it shall be deemed to have been validly given if delivered in person to thc 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 or certified mail, postage prepaid, to the last business address known to thc giver of the notice. Computation of Time: 17.2. When 'any period of time is referred to in the Con- tract Documents by days, it shall be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation. General: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to his person or property because of any error, omission or act of the other party or of any of the other par- ty's employees or agents or others for whose acts the other party is legally liable, claim shall be made in writing to the other party within a reasonable time of the first observance of such injury or damage. 17.4. The duties and obligations imposed by these Gen- eral Conditions and the rights and remedies available here- under to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations im- posed upon CONTRACTOR by paragraphs 6.30, 13.1, 13.1 I, 13.14, 14.3 and 15.2 and all of the rights and remedies avail- able to OWNER and ENGINEER thereunder, shall be in ad- dition to, and shall not be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by law or contract, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph shall be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obliga- tion, right and remedy to which they apply. All representa- tions, warranties and guarantees made in the Contract Docu- ments shall survive final payment and ter~nination or comple- tion of this Agreement. 27 December 9, 1980 Utilities SUPPLEMENTAL CONDITIONS I. GEOTECHNICAL INFORMATION (Art. 8.4) Geotechnical information is available for review at the Engi- neer's office concerning this Project. II. DEVIATIONS OCCASIONED BY UTILITIES Section 7.4 of the General Conditions of Agreement shall be amended to read as follows: whenever existing utilities, not indi- cated on plans, present obstructions to grade and alignment, immediately notify Engineer who, without delay, will determine whether existing improvements are to be relocated, or grade and alignment changed. Where necessary to move services, poles, guy wires, pipelines or other obstructions, the Contractor shall make arrangements with owners of utilities. Ill. COORDINATION OF DOCUMENTS The Specifications, accompanying Plans, General Conditions, Special Conditions and Supplemental Conditions are essential parts of the Contract and a requirement occurring in one is as binding as though occurring in all. They are intended to be complimentary and to describe and provide for the proposed Project. In case of discre- pancy, the Engineer should be notified immediately so that a written clarification can be issued by Engineer. IV. SPECIAL PROVISIONS GOVERNING USE OF PUBLIC ROADS AND STREETS In the hauling of construction materials, excavation, equip- ment or other items required in the completion of this Project, the attention of the Contractor is directed to ordinances and regulations of local municipal or county governments which limit the type or the gross weight of motor vehicles or construction equipment operating on public roads and streets or which restrict the use of such equipment on certain streets. It will be the responsibility of the Contractor to investigate any limitations in routing, size of equipment or gross weight which may be subject to regulation by governmental jurisdic- tions. Utilities OCCUPATIONAL SAFETY AND HEALTH STANDARDS (Art. 6.20) The work and the Contractor's operational activities shall comply with the applicable provisions of the Department of Labor, Safety and Health Regulations for Construction and applicable Occupational Safety and Health Standards. VI. WORKING DAY (Amendment to Art. 17.2) If the Contractor works on the site till Noon, or in the judgment of the Engineer, could have worked till Noon, the day in question shall be considered as a Working Day in computing Contract Time. The Con- tractor may work on Saturday, Sunday and Legal Holidays provided the Engineer is notifies in advance. Work on these days shall be included in computing contract time. VII. FINAL PAYMENT TO CONTRACTOR (Art. 14.13 & 14.14) A. Final pay estimates will not be approved by the Engineer until all acceptances have been made by governmental bodies having jurisdiction and/or Owners B. The first sentence of paragraph 14.14 shall be revised to read as follows: If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed thereof and if ENGINEER so confirms, OWNER may, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for ~hat portion of the Work fully completed and accepted. VIII. SALES TAXES (Amendment to Art. 6.15) The Contractor shall obtain the necessary documentation so that any taxes exempted by law due to the nature of the work shall be obtained and passed on to the Owner. IX. PROGRESS ESTIMATES (Amendment to Art. 14.2) Contractor shall provide to the Engineer on the Engineer's form Utilities a progress estimate for payment of work completed. Work must be completed for the Engineer to consider payment of an item, no payment will be made for materials at the site which have not been incorporated into the work. The Engineer shall inform the Contractor in writing as to which day of the month progress estimates must be submitted to be considered for payment. DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF RESIDENT PROJECT REPRESENTATIVE (Art. 9.8) A. Genera! Resident Project Representative as Engineer's Agent, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding his actions. Resident Project Representative's dealings in matters pertaining to the on-site work shall in general be only with Engineer and Contractor, and dealings with subcontractors shall only be through or with the full knowledge of Contractor. Written communication with Owner will be only through or as directed by Engineer. B. Duties and Responsibilities Resident Project Representative will: 1. Schedules: Review the progress schedule, schedule of Shop Drawing submissions and schedule of values prepared by Contractor and consult with Engineer concerning their acceptability. 2. Conferences: Attend preconstruction conferences. Arrange a schedule of progress meetings and other job conferences as required in consultation with Engineer and notify those expected to attend in advance. Attend meetings, and maintain and cir- culate copies of minutes thereof. 3. Liaison: a. Serve as Engineer's liaison with Contractor, w~rking principally through Contractor's superintendent and assisting him in understanding the intent of the Contract Docume:ats. Assist Engineer in serving as Owner's liaison with CoN. tractor Se Utilities when Contractor's operations affect Owner's site operations. b. As requested by Engineer, assist in obtaining from Owner additional details or information, when required at the job site for proper execution of the work. Shop Drawings and Samples: a. Receive and record date of receipt of Shop Drawings and samples, receive samples which are furnished at the site by Contractor, and notify Engineer of their availability for examination. b. Advise Engineer and Contractor or its super- intendent immediately of the commencement of any work requiring a Shop Drawing or sample submission if the submission has not bee~ reviewed by Engineer. Review of Work, Rejection of Defective Work, Inspec- tions and Tests: a. Conduct on-site observations of the work in progress to assist Engineer in determining if the work is proceeding in accordance with the Contract Documents. b. Report to Engineer and Cootractor whenever he believes that any work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or does not meet the require- ments of any inspections, tests or approval required to be made or has been damaged prior to final payment; and advise Engineer when he believes work should be corrected or rejected or should be uncovered for observation or requires special testing, inspection or approval. 4 Utilities c. Verify that tests, equipment and systems startups and operating and maintenance instruc- tions are conducted as required by the Contract Documents and in the presence of the required personnel, and that Contractor maintains adequate records thereof; observe, record and report to Engineer appropriate details relative to the test procedures and startups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the outcome of these inspec- tions and report to Engineer. 6. Interpretation of Contract Documents: Transmit to Contractor, Engineer's clarifications and interpretations of the Contract Documents. 7. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report them with recommendations to Engineer. 8. Records: a. Maintain orderly files for correspondence, reports of job conferences, Shop Drawings and samples submissions, reproductions of original Contract Documents including all addenda, change orders, field orders, additional drawings issued subsequent to the execution of the Contract, Engi- neer's clarifications and interpretations of the Contract Documents, progress reports and other Project related documents. b. Keep a diary or log book, recording hours on the job site, weather conditions, data relative to questions of extras or deductions, list of 5 Utilities visiting officials and representatives of manu- facturers, fabricators, suppliers and distribu- tors, daily activities, decisions, observations in general and specific observations in more detail as in the case of observing test proce- dures. Send copies to Engineer. c. Record names, addresses and telephone numbers of all Contractors, subcontractors and major suppliers of materials and equipment. 9. Reports: a. Furnish Engineer periodic reports as required of progress of the work and Contractor's compli- ance with the approved progress schedule and schedule of Shop Drawing submission. b. Consult with Engineer in advance of scheduled major tests, inspections or start of important phases of the work. c. Report immediately to Engineer upon the occurrence of any accident. 10. Payment Requisitions: Review applications for payment with Contractor for compliance with the established procedure for their submission and forward them with recommendations to Engineer, noting particularly their relation to the schedule of values, work completed and materials and equipment delivered at the site but not incorporated in the work. 11. Certificates, Maintenance and Operation Manuals: During the course of the work, verify that certifi- cates, maintenance and operation manuals and other 6 Utilities data required to be assembled and furnished by Con- tractor are applicable to the items actually installed; and deliver this material to Engineer for his review and forwarding to Owner prior to final acceptance of the work. 12. Completion: a. Before Engineer issues a Certificate of Sub- stantial Completion, submit to Contractor a list of observed items requiring completion or correc- tion. b. Conduct final inspection in the company of Engineer, Owner and Contractor and prepare a final list of items to be completed or corrected. c. Verify that all items on final list have been completed or corrected and make recommen- dations to Engineer concerning acceptance. C. Limitations of Authority Except upon written instructions of Engineer, Resident Project Representative: 1. Shall not authorize any deviation from the Contract Documents or approve any substitute materials or equip- ment. 2. Shall not exceed limitations on Engineer's authority as set forth in the Contract Documents. 3. Shall not undertake any of the responsibilities of Contractor, subcontractors or Contractor's superin- tendent, or expedite the work. 4. Shall not advise on or issue directions relative to any aspect of the means, methods, techniques, sequences or procedures of construction unless such is specifically called for in the Contract Documents. Utilities 5. Shall not advise on or issue directions as to safety precautions and programs in connection with the work. 6. Shall not authorize Owner to occupy the Project in whole or in part. 7. Shall not participate in specialized field or laboratory tests. XI. MARKING WATER AND SEWER LEADS AND STACKS Contractor to mark leads and stacks as noted on construc- tion plans. XII. PERMITS AND LICENSES The Owner shall outline in the Instructions To Bidders any permits or license fees which the Owner intends to pay and obtain. If no permits or licenses are outlined as being paid for by the Owner, then the Contractor shall be responsible as outlined in Section 6.13 of the General Conditions. Xll. APPROVAL OF CUT SHEETS The Contractor shall not commence construction prior to his receipt of approved cut sheets signed by the Engineer or his Re- presentative. Any construction of facilities prior to receipt of approved cut sheets is done at the Contractor's risk. Utilities Any work performed prior to approved cut sheets which has to be redone due to changes in Plans, relocation of lines or any other revision, will not be considered in payments made to the Contractor. XIV. CONSTRUCTION STAKING/WATER LINES, SANITARY & STORM SEWERS It is the intent to define the staking services that the Engineer will furnish, and to set forth the responsibilities of the Contractor respecting the use and maintenance of same. All construction shall be performed from construction staking provided by the Engineer. Unless authorized by the Engineer, any construction performed from.other than Engineer provided construction staking shall be done at the Contractor's risk and will be subject to verifications by the Engineer at Contractor's expense. All distances and measurements are given and will be made in a horizontal plane, unless otherwise provided. A11 horizontal and vertical positions referenced by the layout of construction con- trol shall be as defined and directed by the Engineer. A. Notifications The Contractor shall notify the Engineer seven (7) days prior to start-up so as to allow the Engineer to set his control and prgvide stakes for construction. Subse- quently, the Contractor shall notify the Engineer, in writing, at least three (3) full working days in advance of the date when specific staking services are desired, giving the specific location and/or limited stations. The Engi- neer shall be notified of any change of the sequence of work which was established at pre-construction conference. Upon receiving a written request for construction staklng, the Engineer will inspect the area to be staked. Upon inspection of this area, the Engineer shall determine if the area is in a suitable condition to be staked or if additional clean-up work is required by the Contractor. The Contractor is responsible for maintaining the work Utilities area in a suitable condition to be staked, for either control or construction as determined by the Engineer. The Contractor shall take every reasonable precaution to preserve the layout from which construction is to be or has been performed. Subsequent to a request for construc- tion layout, the Contractor shall have replaced at his expense, those controls which have been lost, disturbed or destroyed, and which, in the opinion of the Engineer, are required for performance or checking of the work. The Contractor shall not disturb any survey monument until the monument rivet, disc or reference mark therein has been referenced by a field survey party of the Engineer. In the event that the Contractor disturbs any survey monument during construction operations or if stakes are lost for any reason, the Engineer will reset such monuments at the expense of the Contractor. Stakes which constitute reference points for all con- struction work will be marked with flagging tape in accor- dance with the code in these Conditions. It will be the responsibility of the Contractor to inform his employees and his subcontractors of their importance and the necessity for their preservation. If the removal of a control stake is required by the construction operations of the Contractor or his subcontractors, advance notice in writing, of at least three (3) full working days shall be given to the Engineer, who will reference and remove said stake or stakes at no cost to the Contractor. It shall be the Contractor's responsibility to examine the stakes before commencing operations and notify the Engi- neer of any errors and/or discrepancies. Should occasion arise where the validity of a stake is questionable, either as to its location or the offset marked thereon, or as to the elevation of cut or fill marked thereon, the Contractor shall notify the Engineer, who will check the stake or 10 Utilities stakes in question. Any stakes found to be in error will be reset. At the option of the Owner, restaking cost, as a result of Contractor negligence, may be deducted from the retainage due the Contractor. B. Scope Surveys and survey data to be furnished by the Owner will be as follows: 1. One (1) set of stakes for construction underground facilities: water and sewer mains, and storm sewer. 2. For water lines and force mains, the Engineer will furnish centerline stakes at 50 foot intervals. Valve and fitting locations will be staked, and grade will be furnished as necessary. 3. For sanitary and storm sewers, offset stakes will be provided every 50 feet. Manholes, inlets and junc- tion boxes will be located with offset stakes. Sanitary sewer leads will be staked at the property line on the center of the lead. Lift station sites will have all corners staked. 4. No additional stakes will be furnished, except as required in writing 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. 5- All stakes will be color coded with flagging in accordance with the following schedule: Primary Control Boundary Traverse Line Block and Lot Corners Clearing Orange and Yellow Green and White Green and Yellow Blue and Yellow White and Yellow I1 Utilities Drainage Water Sewer Manholes, Valves, Fire Hydrants, Inlets Sanitary Stacks and Leads Soil Borings Red White Blue White w/Blue, Red Green only Red and Yellow XV. TESTING (Art. 6.4, 13.4) The Contractor's responsibilities regarding the testing of the work to be performed are amended as follows: Underground Utilities The Contractor shall be responsible for furnishing all materials, labor, equipment and incidentals to test the water distribution lines and sanitary sewer collection line as per the procedures prescribed in the Specifications. The Contractor is to notify the Engineer at least three (3) working days prior to performing the required test so that a Representative of the Owner and/or Engineer may be present for observation of the test. The Contractor shall be responsible for collecting sufficient water quality samples from the water distribu- tion system and transmitting said samples to the appro- priate laboratory for bacteriological testing. Copies of bacteriological test results shall be furnished to the Engineer. XVI. EXISTING UTILITIES The Contractor shall notify the various water, gas power, telephone, or other utility companies 72 hours in advance of his inten- tion to begin work so that they may take any necessary protective measures around their facilities. The Contractor is responsible for the protection of any utility and for damage to any such utility during the prosecution of the work. Any damage to a utility shall be repaired to the satisfaction of the organization owning the facility. 12 Utilities Unless otherwise indicated on the contract drawings or in the Special Conditions, the Contractor shall maintain in service all drainage, water, gas, and sewer lines, including house services; power, lighting, and telephone conduits; and any other surface or subsurface for his convenience, may arrange with the utility company or homeowner to temporarily disconnect house service lines or other facilities along the line of the work. The cost of disconnecting and restoring such utilities will be borne by the Contractor and no extension of time will be allowed for this type of relocation. XVll. RECORD DRAWINGS Section 6.19 of the General Conditions of Agreement shall be amended to read as follows: "The information furnished by the Contractor will be used by the Engineer to prepare a set of reproducible Irecord drawings' which will be signed by the Contractor prior to final acceptance and final payment." XVIII. BONDS AND INSURANCE The terms and provisions of paragraphs 5.6, 5.~, 5.9, and 5.13 of the Standard General Conditions are hereby modified as follows: A. Contractor shall be liable for any damage to the project arising prior to final acceptance of the Project by Owner and the Contractor shall purchase and maintain the property insurance ~described in paragraphs 5.6 and 5.7 of the Standard General Con- ditions, and the policies evidencing such insurance shall contain provisions to the effect that the coverages afforded thereby will not be cancelled or materially changed until at least thirty days' prior written notice has been given to Owner. B. Paragraph.5.9 is modified to read as follows: "5.9 If Contractor desires to have other special insurance included in the property insurance policy, Contractor may obtain same for the sole benefit and at the sole cost of Contractor unless Owner agrees to pay for any additional cost to obtain 13 Utilities such special insurance coverage, In which latter event, such special insurance coverage shall be for the joint benefit of Contractor and Owner." C. The first sentence of paragraph 5.13 is modified to include paragraphs 5.6 and 5.7 as well as paragraphs 5.3 and 5.4 in its reference to the paragraphs of the Standard General Conditions wherein the insurance required to be obtained and maintained by Contractor is specified. Corres- pondingly, the reference in the second sentence of paragraph 5.13 to paragraphs 5.6 and 5.7 is hereby deleted. XIX. follows: CHANGE OF CONTRACT PRICE The subheading and articles 11.8 and 11.9 shall read as Adjustment of Contract Prices: 11.8 Whenever the cost of any Work is to be determined pursuant to paragraphs 11.4 and 11.5, Contractor will submit in form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.9 Where the quantity of Work with respect to any item that is covered by a unit price differs materially and significantly from the quantity of such Work indicated in the'Contract Documents, an appropriate Change Order shall 'be issued on recommendation of Engineer to adjust the con- tract price. 14 December 1980 Drainage Ditch SUPPLEMENTAL CONDITIONS I. GEOTECHNICAL INFORMATION (Art. 8.4) Geotechnical information is available for review at the Engi- neer's office concerning this Project. II. DEVIATIONS OCCASIONED BY UTILITIES Section 7.4 of the General Conditions of Agreement shall be amended to read as follows: whenever existing utilities, not indi- cated on plans, present obstructions to grade and alignment, immediately notify Engineer who, without delay, will determine whether existing improvements are to be relocated, or grade and alignment changed. Where necessary to move services, poles, guy wires, pipelines or other obstructions, the Contractor shall make arrangements with owners of utilities. III. COORDINATION OF DO. CUMENTS The Specifications, accompanying Plans, General Conditions, Special Conditions and Supplemental Conditions are essential parts of the Contract and a requirement occurring in one is as binding as though occurring in all. They are intended to be complimentary and to describe and provide for the proposed Project. In case of discre- pancy, the Engineer should be notified immediately so that a written clarification can be issued by Engineer. IV. SPECIAL PROVISIONS GOVERNING USE OF PUBLIC ROADS AND STREETS In the hauling of construction materials, excavation, equip- ment or other items required in the completion of this Project, the attention of the Contractor is directed to ordinances and regulations of local municipal or county governments which limit the type or the gross weight of motor vehicles or construction equipment operating on public roads and streets or which restrict the use of such equipment on certain streets. It will be the responsibility of the Contractor to investigate any limitations in routing, size of equipment or gross weight which may be subject to regulation by governmental jurisdic- tions. Drainage Ditch OCCUPATIONAL SAFETY AND HEALTH STANDARDS (Art. 6.20) The work and the Contractor's operational activities shall comply with the applicable provisions of the Department of Labor, Safety and Health Regulations for Construction and applicable Occupational Safety and Health Standards. VI. WORKING DAY (Amendment to Art. 17.2) If the Contractor works on the site till Noon, or in the judgment of the Engineer, could have worked till Noon, the day in question shall be considered as a Working Day in computing Contract Time. The Con- tractor may work on Saturday, Sunday and Legal Holidays provided the Engineer is notified in advance. Work on these days shall be included in computing contract time. VII. FINAL PAYMENT TO CONTRACTOR (Art. 14.13 & 14.14) A. Final pay estimates will not be approved by the Engineer until all acceptances have been made by governmental bodies having jurisdiction and/or Owner. B. The first sentence of paragraph 14.14 shall be revised to read as follows: If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed thereof and if ENGINEER So cbnfirms, OWNER may, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. VIII. SAKES TAXES (A~nendment to Art. 6.15) The Contractor shall obtain the necessary documentation so that any taxes exempted by law due to the nature of the work shall be obtained and passed on to the Owner. IX. PROGRESS ESTIMATES (Amendment to Art. 14.2) Contractor shall provide to the Engineer on the Engineer's form Drainage Ditch a progress estimate for payment of work completed. Work must be completed for the Engineer to consider payment of an item, no payment will be made for materials at the site which have not been incorporated into the work. The Engineer shall inform the Contractor in writing as to which day of the month progress estimates must be submitted to be considered for payment. DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF RESIDENT PROJECT REPRESENTATIVE (Art. 9.8) A. General Resident Project Representative as Engineer's Agent, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding his actions. Resident Project Representative's dealings in matters pertaining to the on-site work shall in general be only with Engineer and Contractor, and dealings with subcontractors shall only be through or with the full knowledge of Contractor. Written communication with Owner will be only through or as directed by Engineer. B. Duties and Responsibilities Resident Project Representative will: 1. Schedules: Review the progress schedule, schedule of Shop Drawing submissions and schedule of values prepared by Contractor and consult with Engineer concerning their acceptability. 2. Conferences: Attend preconstruction conferences. Arrange a schedule of progress meetings and other job conferences as required in consultation with Engineer and notify those expected to attend in advance. Attend meetings, and maintain and cir- culate copies of minutes thereof. 3. Liaison: a. Serve as Engineer's liaison with Contractor, working principally through Contractor's superintendent and assisting him in understanding the intent of the Contract Documents. Assist Engineer in serving as Owner's liaison with Contractor Drainage Ditch when Contractor's operations affect Owner's on- site operations. b. As requested by Engineer, assist in obtaining from Owner additional details or information, when required at the job site for proper execution of the work. Shop Drawings and Samples: a. Receive and record date of receipt of Shop Drawings and samples, receive samples which are furnished at the site by Contractor, and notify Engineer of their availability for examination. b. Advise Engineer and Contractor or its super- intendent immediately of the commencement of any work requiring a Shop Drawing or sample submission if the submission has not been reviewed by Engineer. Review of Work, Rejection of Defective Work, Inspec- tions and Tests: a. Conduct on-site observations of the work in progress to assist Engineer in determining if the work is proceeding in accordance with the Contract Documents. b. Report to Engineer and Contractor whenever he believes that any work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or does not meet the require- ments of any inspections, tests or approval required to be made or has been damaged prior to final payment; and advise'Engineer when he believes work should be corrected or rejected or should be uncovered for observation or requlres speclal testing, inspection or approval. Drainage Ditch c. Verify that tests, equipmen~ and systems · startups and operating and maintenance instruc- tions are conducted as required by the Contract Documents and in the presence of the required personnel, and that Contractor maintains adequate records thereof; observe, record and report to Engineer appropriate details relative to the test procedures and startups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the outcome of these inspec- tions and report to Engineer. 6. Interpretation of Contract Documents: Transmit to Contractor, Engineer's clarifications and interpretations of the Contract Documents. 7. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report them with recommendations to Engineer. 8. Records: a. Maintain orderly files for correspondence, reports of job conferences, Shop Drawings and samples submissions, reproductions of original Contract Documents including ali addenda, change orders, field orders, additional drawings issued subsequent to the execution of the Contract, Engi- neer's clarifications and interpretations of the Contract Documents, progress reports and other Project related documents. b. Keep a diary or log book, recording hours on the job site, weather conditions, data relative to questions of extras or deductions, list of Drainage Ditch visiting officials and representatives of manu- facturers, fabricators, suppliers and distribu- tors, daily activities, decisions, observations in general and specific observations in more detail as in the case of observing test proce- dures. Send copies to Engineer. c. Record names, addresses and telephone numbers of all Contractors, subcontractors and major suppliers of materials and equipment. 9. Reports: a. Furnish Engineer periodic reports as required of progress of the work and Contractor's compli- ance with the approved progress schedule and schedule of Shop Drawing submission. b. Consult with Engineer in advance of scheduled major tests, inspections or start of important phases of the work. c. Report immediately to Engineer upon the occurrence of any accident. 10. Payment Requisitions: Review applications for payment with Contractor for compliance with the established procedure for their submission and forward them with recommendations to Engineer, noting particularly their relation to the schedule of values, work completed and materials and equipment delivered at the site but not incorporated in the work. 11. Certificates, Maintenance and Operat~©n Manuals: During the course of the work, verify that certifi- cates, maintenance and operation manuals a~d other Drainage Ditch data required to be assembled and furnished by Con- tractor are applicable to the items actually installed; and deliver this material to Engineer for his review and forwarding to Owner prior to final acceptance of the work. 12. Completion: a. Before Engineer issues a Certificate of Sub- stantial Completion, submit to Contractor a list of observed items requiring completion or correc- tion. b. Conduct final inspection in the company of Engineer, Owner and Contractor and prepare a final list of items to be completed or corrected. c. Verify that all items on final list have been completed or corrected and make recommen- dations to Engineer concerning acceptance. C. Limitations of Authority Except upon written instructions of Engineer, Resident Project Representative: 1. Shall not authorize any deviation from the Contract Documents or approve any substitute materials or equip- ment. 2. Shall not exceed limitations on Engineer's authority as set forth in the Contract Documents. 3- Shall not undertake any of the responsibilities of Contractor, subcontractors or Contractor's superin- tendent, or expedite the work. 4. Shall not advise on or issue directions relative to any aspect of the means, methods, techniques, sequences or procedures of construction unless such is specifically called for in the Contract Documents. 7 Drainage Ditch 5. Shall not advise on or issue directions as to safety precautions and programs in connection with the work. 6. Shall not authorize Owner to occupy the Project in whole or in part. 7. Shall not participate in specialized field or laboratory tests. XI. PERMITS AND LICENSES The Owner shall outline in the Instructions To Bidders any permits or license fees which the Owner intends to pay and obtain. If no permits or licenses are outlined as being paid for by the Owner, then the Contractor shall be responsible as outlined in Section 6.13 of the General Conditions. Xll. APPROVAL OF CUT SHEETS The Contractor shall not commence construction prior to his receipt of approved cut sheets signed by the Engineer or his Re- presentative. Any construction of facilities prior to receipt of approved cut sheets is done at the Contractor's risk. Any work performed prior to approved cut sheets which has to be redone due to changes in Plans, relocation of lines or any other revision, will not be considered in payments made to the Contractor. Drainage Ditch Xill. CONSTRUCTION STAKING/ DRAINAGE DITCH & APPURTENANCES It is the intent to'define the staking services that the Engineer will f~rnish, and to set forth the responsibilities of the Contractor respecting the use and maintenance of same. All construction shall be performed from construction staking provided by the Engineer. Unless authorized by the Engineer, any construction performed from. other than Engineer provided construction staking shall be done at the Contractor's risk and will be subject to verifications by the Engineer at Contractor's-expense. All distances and measurements are given and will be made in a horizontal plane, unless otherwise provided. All horizontal and vertical positions referenced by. the layout of construction con- trol shall be as defined and direct~ by the Engineer. A. Notifications The Contractor shall notify the Engineer seven (7) days prior to start-up so as to allow the Engineer to set his control and provide stakes for construction. Subse- quently, the Contractor shall notify the E~gineer, in writing, at least three (3) full working days in advance of the date when specific staking services are desired, giving the specific location and/or limited stations. The Engi- neer shall be notified of any change of the sequence of work which was established at pre-construction conference. Upon receiving a written request for construction staking, the Engineer will inspect the area to be staked. Upon inspection of this area, the Engineer shall determine if the area is in a suitable condition to be staked or if additional clean-up work is required by the Contractor. The Contractor is responsible for maintaining the work Drainage Ditch area in a suitable condition to be staked for either control or construction as determined by the Engineer. The Contractor shall take every reasonable precaution to preserve the layout from which construction is to be or has been performed. Subsequent to a request for construc- tion layout, the Contractor shall have replaced at his expense, those controls which have been lost, disturbed or destroyed, and which, in the opinion of the Engineer, are required for performance or checking of the work. The Contractor shall not disturb any survey monument until the monument rivet, disc or reference mark therein has been referenced by a field survey party of the Engineer. In the event that the Contractor disturbs any survey monument during construction operations or if stakes are lost for any reason, the Engineer will reset such monuments at the expense of the Contractor. Stakes which constitute reference points for all con- struction work will be marked with flagging tape in accor- dance with the code in these Conditions. It will be the responsibility of the Contractor to inform his employees and his subcontractors of their importance and the necessity for their preservation, if the removal of a control stake is required by the construction operations of the Contractor or his subcontractors, advance notice in writing, of at least three (3) full working days shall be given to the Engineer, who will reference and remove said stake or stakes at no cost to the Contractor. It shall be the Contractor's responsibility to examine 'the stakes before commencing operations and notify the Engi- neer of any errors and/or discrepancies. Should occasion arise where the validity of a stake is questionable, either as to its location or the offset marked thereon, or as to the elevation of cut or fill marked thereon, the Contractor shall notify the Engineer, who will check the stake or 10 Drainage Ditch stakes in question. Any stakes found to be in error will be reset. At the option of the Owner, restaking costs, as a result of Contractor negligence, may be deducted from the retainage due the Contractor. B. Scope Surveys and survey data to be furnished by the Owner will be as follows: I. One (1) set of stakes for construction drainage ditch facilities: drainage ditch, swales, storm sewer and inlets. 2. For Drainage ditch the Engineer will furnish offset stakes at 50 foot intervals, and grades will be furnished as necessary. 3. For storm sewer, offset stakes will be provided every 50 feet. Inlets will be located with offset stakes. 4. No additional stakes will be furnished, except as required in writing 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. 5. All stakes will be color coded with flagging in accordance with the following schedule: Primary Control Boundary Traverse Line Block and Lot Corners Clearing Drainage Water Sewer Manholes, Valves, Fire Hydrants, Inlets Sanitary Stacks and Leads Soil Borings Orange and Yellow Green and White Green and Yellow Blue and Yellow White and Yellow Red White Blue White w/Blue, Red Green Only Red and Yellow II Drainage Ditch XIV. EXISTING UTILITIES The Contractor shall notify the various water, gas power, telephone, or other utility companies 72 hours in advance of his inten- tion to begin work so that they may take any necessary protective measures around their facilities. The Contractor is responsible for the protection of any utility and for damage to any such utility during the prosecution of the work. Any damage to a utility shall be repaired to the satisfaction of the organization owning the facility. Unless otherwise indicated on the contract drawings or in the Special Conditions, the Contractor shall maintain in service all drainage~ water, gas, and sewer lines, including house services; power, lighting, and telephone conduits; and any other surface or subsurface for his convenience, may arrange with the utility company or homeowner to temporarily disconnect house service lines or other facilities along the line of the work. The cost of disconnecting and restoring such utilities will be borne by the Contractor and no extension of time will be allowed for this type of relocation. XV. RECORD DRAWINGS Section 6.19 of the General Conditions of Agreement shall be amended to read as follows: "The information furnished by the Contractor will be used by the Engineer to prepare a set of reproducible 'record drawings' which will be signed by the Contractor prior to final acceptance and final payment." XVI. BONDS AND INSURANCE The terms and provisions of paragraphs 5.6, 5.7, 5.9, and 5.13 of the Standard General Conditions are hereby modified as follows; A. The Contractor shall purchase and maintain the property insurance described in paragraphs 5.6 and 5.7 of the Standard General Conditions, and the policies evidencing such insurance shall contain provisions to the effect or materially changed until at least thirty days' prior written notice has been given to Owner. B. Paragraph 5.9 is nodified to read as follows: 12 Drainage Ditch "5.9 If Contractor desires to have other special insurance included in the property insurance policy, Contractor may obtain same for the sole benefit and at the sole cost of Contractor unless Owner agrees to pay for any additional cost to obtain such special insurance coverage, in which latter event, such special insurance coverage shall be for the joint benefit of Contractor and Owner." C. The first sentence of paragraph 5.13 is modified to include paragraphs 5.6 and 5.7 as well as paragraphs 5.3 and 5.4 in its reference to the paragraphs of the Standard General Conditions wherein the insu:rance required to be obtained and maintained by Contractor is specified. Correspondingly, the reference in the second sentence of paragraph 5.13 to paragraphs 5.6 and 5.7 is hereby deleted. XVll. CHANGE OF CONTRACT PRICE The subheading and articles ll.8 and ll.9 shall read as follows: Adjustment of Contract Prices: 11.8 Whenever the cost of any Work is to be determined pursuant to paragraphs 11.4 and 11.5, Contractor will submit in form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.9 Where the quantity of Work with respect to any item that is covered by a unit price differs materially and significantly from the quantity of such Work indicated in the Contract Documents, an appropriate Change Order shall be issued on recommendation of Engineer to adjust the contract price. 13 Drainage Ditch XX. GATE VALVES All gate valves shall comply With the City of Houston ~pecill- cation WD-3 as currently amended, except the gate valves shall open left. XXI. GRATING FOR INLETS All inlet covers shall be grate and not plate as specified in the City of Houston E-14 technical specifications and be capable of carrying traffic vehicle loads. 14 TECHNICAL SPECIFICATIONS COPPELL MUNICIPAL UTILITY DISTRICT NO. 1 TECHNICAL SPECIFICATIONS FOR CONSTRUCTION OF WATER DISTRIBUTION SYSTEM AND SANITARY SEWER AND STORM SEWER SYSTEMS SERVING WOODRIDGE SUBDIVISION, SECTIONS I & 2 WITHIN COPPELL MUNICIPAL UTILITY DISTRICT NO. 1 INDEX 10. 11. 12. 13. 14. Special Provisions to Technical Specifications Reference to Specifications for Sewer Construction, As Currently Amended Reference to Specifications for Water Line Construction, As Currently Amended Availbility of Facilities Timber Orderd Left In Trench Excavation, Trenching and Backfilling For Utilities Excavation and Backfill for Structures Sewer Pipe Water Pipe Clean-up Seeding Fertilizer Backslope Drains and Appurtenances Concrete Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Section 10 Section 11 SPECIAL PROVISIONS TO TECHNICAL SPECIFICATIONS Surplus Excavated Material: All surplus excavated material is to be spread on a site and graded to accommodate drainage as directed by Engineer and approved by Owner. There will be no separate pay for this work. The cost of spreading and grading surplus excavated material shall be included in the price bid for other items of the Contract. Spoil will be placed on site in a manner that wlll main- tain uninterrupted drainage of the site and adjacent area. The Contractors will not be allowed to leave any excess excavation in the street rights-of-way. Contractor to return the street and alley subgrade to plus or minus 0.1 foot of the finished subgrade elevation. No s~parate pay for special bedding and backfill. The Contractor shall include the cost of bedding and backfill in the price bid per lineal feet of pipe. CITY OF COPPELL PUBLIC WORKS DEPARTMENT COPPELL, TEXAS SPECIFICATIONS FOR SEWER CONSTRUCTION AS CURRENTLY AMENDED Not bound herein. Available from the City of Coppell, Department of Public Works. CITY OF COPPELL, TEXAS DEPARTMENT OF PUBLIC WORKS SPECIFICATIONS FOR WATER LINE CONSTRUCTION AS CURRENTLY AMENDED Not bound herein. Available from the City of Coppell, Department of Public Works SECTION 1 AVAILABILITY OF FACILITIES 1-01 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. 1-02 HEATING Natural gas heating is not available at the site. If the Contractor desires heating facilities, arrangements shall be made at his own expense. 1 - 03 WA TER Water is not available at the site of the work. Where necessary to transport water for drinking or to meet the work requirements, it shall be the Contractor's responsibility to make such 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. 1-04 TELEPHONE Telephones required for field offices shall be provided at the Con- tractor's expense and serviced until the project is completed. 1-05 FACILITY CONNECTIONS Ail connections of facilities, meters, deposits, permits, fees, main- tenance and other items in connection thereto and related to the work project, shall be provided at the Contractor's expense. 1-1 SECTION 2 TIMBER ORDERED LEFT IN TRENCH 2-01 GENERAL The trench shall be adequately braced and sheeted solid to the satisfaction of the Engineer to support the sides of the excavation. Sheeting and bracing shall be left in place. When requested by the Contractor and approved by the Engineer, install floor boarding and special beddin~ 2- 02 MATERIALS Trench sheeting materials for sides of the trench shall be a minimum of two inches in thickness, solid and sound, free from weakening defects such as knots and splits and suitable for use intended. Bracing for rangers and struts shall be four inches square and of similar quality and suitable in strength for the intended use. All iumb~r shall'be securely nailed with at least 16 d nails. 2-03 CONSTRUCTION METHODS Timber shall be placed in trench and meet the approval of the Engineer. Cut off timber sheeting ordered left in trench at minimum distance of 18 inches below surface of ground or street. Minimum spacing of cross bracing 4'-0". Securely nail in position. 2-04 MEASUREMENT AND PAYMENT There shall be no additional pay for timber left in trench. Contractor shall include the cost in the unit price bid for sanitary sewer pipe as set forth in the Proposal. 2-1 SECTION 3 EXCAVATION, TRENCHING AND BACKFILLING FOR UTILITIES SCOPE OF WORK Work under this Section shall consist of furnishing all materials, equip- ment and labor for excavation, trenching and backfilling for'utility sys- tems. "Utility Systems" Shall include underground piping and appurtenances for water distribution and sanitary sewer and storm sewer systems. METHODS OF CONSTRUCTION A. General Entry upon any private property or performance of any work thereon is prohibited until notified by the Engineer that an easement or right-of-way has been obtained. Clear only such timber and brush as is necessary for construc- tion of the utility system. The width of the area so cleared shall not extend outside the construction easement or street right-of-way as the case may be, as shown on the plans. Trees of more than six (6) inch caliper measured two (2) feet above the ground located within the construction easement or street right- of-way shall be removed only upon approval of the Engineer. Trees and timber within the area of the permanent easement, or ten feet either side of the center line of the pipe, which ever is greater, as shown on the plans may be removed unless specifi- cally shown not to be removed on the plans. Trees and timber removed shall be disposed in a manner approved by the Engineer. (3) Excavate to the depth shown on the drawings. Excavated mate- rials not required for fill or backfill shall .be disposed of by the Contractor as directed by the Engineer. (4) Excavation for manholes and other accessories not otherwise covered by these specifications shall have 12 inch minimum and 24 inch maximum clearance for all sides. (5) Excess excavation below the required level shall be backfilled at the Contractor's expense with earth, sand or gravel well compacted, of 3000 psi concrete, as directed by the Engineer. 3-1 (6) (7) (8) Unstable soil shall be removed and replaced with gravel, crushed stone, stone screenings, or crushed slag, thor- oughly compacted. The Engineer shall determine the limits of unstable soil. Grading of ground adjacent to all excavations shall be per- formed in such a way to prevent the entry of surface water. Water accumulated in the excavation shall be removed by pumping or other approved means at the Contractor's expense. B. Trench Excavation (1) The trench sides shall be cut vertical from the bottom of the trench to a point one foot above the top of the pipe. From one foot above the pipe to the surface the sides shall gen- erally be cut vertically but may be varied when specifically approved by the Engineer. The Contractor shall, however, be solely responsible for maintaining the trench in a stable slab to avoid slides, cave-ins, settlement or movement of the banks. (2) (3) The width of the trench shall be 6 inches minimum and 8 inches maximum on each side of pipe bells. Bell holes shall be excavated accurately to size by hand. They shall be of ample size to make the joint and relieve the bell of all load. C. Rock Excavation Rock excavation shall be carried 4 inches below the bottom of the pipe. Loose gravel, earth or other approved materials shall be used for backfill, compacted thoroughly and, where required, shaped as specified for pipe bedding. Rock excavation shall in- elude removal of boulders larger that 1/3 cubic yard in volume, and of ledge rock, concrete or masonry structures that require drilling or blasting. Temporary Bridges Temporary bridges or crossings shall be provided by the Contractor as required to maintain traffic. 3-2 BACKFILLING A. Trenches General - After the installation has been completed, backfilling shall be done with approved select material free from large clods or stones. Backfill material shall be placed evenly and carefully around and over the conduit in 6 inch maximum layers. Each layer shall be thoroughly and carefully placed until 6 inches of cover is in place over the pipe. The remainder of the material shall then be placed. (2) Jetting, or water settling of the backfill will be permitted. B. Trenches Under Pavements Final backfill shall be placed in 12 inch maximum layers and compacted to a density equal that of the adjacent undis- turbed material. (2) When jetting is permitted or required in streets or roadways, after full settlement of the soil has taken place, the top 12 inches of the trench shall be filled with stone screenings, clean sand, or other approved select materials, moistened and compacted into place. C. Manholes or Structures (2) General - Ail forms, trash, and debris shall be removed and cleared away. Approved backfill material, free from rock, lumber or debris, may be obtained from excavation or borrow. Backfill material shall be placed symmetrically on all sides in 12 inch maximum layers and each layer moistened and compacted. In paved areas, each layer shall be compacted to density equal that of the adjoining undisturbed soil, the top 12 inches shall be select material so that pavement can be placed immediately, D. Bedding in Fills Foundation support shall be as shown on the plans. Where pipe is not structurally supported, unstable material shall be removed, a pipe Bed and embankment, if required, shall be constructed of select materials and suitably compacted. Select material shall be placed in six inch layers and compacted until a berm is formed at least one pipe diameter either side of the pipe and a 12 inch min- imum fill over the pipe. 3-3 Eo Ma i n tena nce The Contractor shall refill for settlement all backfilled areas prior to moving off the job. REPLACING PAVEMENTS: mo Existing concrete pavements shall be grooved with a concrete saw to break cleanly a minimum of 1 foot either side of the pro- posed trench. The refilled subgrade shall be thoroughly compacted with mechanical tamps. A new slab shall be poured using high early strength cement concrete. Depth shall be 1.3 times the original thickness. Joints shall be placed to match original slab. Existing bituminous pavements shall be cut to a straight line a minimum of 3 feet in width. The refilled subgrade shall be thor- ough]y compacted with mechanical tamps. Flexible base of approved granular material equal in quality and depth to that removed shall be placed and thoroughly compacted. In lieu of flexible base, the Engineer may require a like depth of 3000 psi concrete, as shown on the drawings. The edge of the existing pavement shall be cleaned and painted with RC-2 asphalt. The surface shall be natural rock asphalt, hot mix asphaltic concrete of hot mix cold ]ay asphaltic concrete from an approved source. Co Gravelled or penetration bituminous surfaces shall be protected by the Contractor as much as practicable during construction and they shall be returned to their original condition upon completion of the work or as shown on the drawings. CLEAN UP: The Contractor shall clean up and properly dispose of all excess material, trash, wood forms and other debris. MEASUREMENT AND PAYMENT: A. "Excavation and Backfilling" is subsidiary to the various bid items and will not be paid for separately. B. Pavement removed and replaced shall not be paid for separately. The cost shall be included in the unit price bid for the various items. C. No separate payment will be made for replacing gravelled, penetration bituminous surfaced or oiled surfaced streets. D. Unstable materials removed and replaced is subsidiary to the various bid items and will not be paid for separately. 3-4 E. No separate payment will be made for rock encountered in the ditch or for rock excavation unless otherwise noted on the Bid Proposal. SHEETING, SHORING, FORMING AND BRACING All forming, sheeting, shoring, bracing and dewatering shall be provided where conditions warrant or requested by the Engineer. It shall be the Contractor's sole responsibility to provide sheeting, shoring, bracing and dewatering if required to complete the work. The Engineer shall hereby reserve the right to reject any or all forms, sheeting, shoring, bracing and dewatering provided: (1) It constututes or tends to create a hazard to the work or persons, or to property, (2) It does not appear to produce finished work in accordance with the terms of the Contract. Failure on the part of the Engineer to approve the means and methods of construction or failure to exercise his rights to reject such means and methods, shall not relieve the Contractor of his responsibility and obligations to accomplish the safety and results intended by the Contract; nor shall the exercise of such rights to reject, create a cause of action for damages. 3-5 SECTION 4 EXCAVATION AND BACKFILL FOR STRUCTURES SCOPE This work shall include the furnishing of all labor, materials, tools, equipment and machinery necessary for clearing and removing from the site all obstructions, trees, stumps, brush, vegetation, weeds, and debris, and all earth, rock and other materials to be excavated; the furnishing, putting in place and maintaining of all sheeting, shoring and bracing necessary to protect the work and adjacent properties, to support the sides and ends of the excavation; the doing of all pumping, bailing and draining necessary to keep the excavation free from seepage water, and other sources, and to provide for the uninterupted flow of surface waters during the progress of construction; the removal, after completion of the work, of all sheeting, shoring, and bracing not neces- sary to support the sides of the excavation; the satisfactory disposal of all excess and unsuitable materials not required or which cannot be used for backfilling, compacting and refilling, after settlement, of the excavated area. EXCAVATION Ao In general, all excavation shall be made in open cut from the surface of the ground and shall be no greater in width of depth than is neces- sary to permit the proper construction of the work in accordance with the plans and specifications. The sides of the excavation shall be cut and maintained as nearly vertical as possible. Bo Unless so directed in writing by the Engineer, excavation shall not be carried below the elevations shown on the drawings. In the event excavation is carried below the proper elevations such excavation shall be filled with concrete of the same class as the slab or footing and monolithically with the foundation pour; or brought to grade by another method approved by the Engineer. Top soil shall be removed, to depth of 6 inches, from the area within lines 25' outside foundation walls and shall be piled in a manner convenient for spreading. D. Excess material from excavation, not required for backfill, shall be disposed of as directed by the Engineer. SHEETING, SHORING AND BRACING The sides of all excavations shall be sufficiently sheeted, shored and 4-1 braced so as to prevent slides, cave-ins, settlement or movement of the banks, and to maintain the excavation clear of obstructions that will in any way hinder or delay the progress of the work. PUMPING, BAILING AND DRAINING: The Contractor shall immediately remove all surfaces or seepage water from the excavation, drain ditches and other sources which may accumulate during the excavation and construction work, by providing the necessary underdrains or otherwise, and by doing the necessary pumping, bailing or draining. ACCESS TO EXCAVATION: The Contractor shall provide safe and suitable ladders for access to all excavations over 5 feet in depth. The ladders shall project at least 2 feet above the top of the ground and shall be kept in place during work- ing hours or as required to conform to governing laws. BACKFILL: After completion of foundation footings and walls and other construction below the elevation of the final grades and prior to backfilling, all forms shall be removed and excavation shall be cleaned of all trash and debris. Material for backfilling shall consist of suitable material from required excavation or from borrow area at the site. Backfill of select materials in areas upon which concrete will be placed or in which pipes are to be laid shall be compacted by hand or machine tampers to density of 90% A.A.S.H.O. Backfill in other areas shall be.placed as specified under Section 3. CLEAN UP: Upon completion of the work and before acceptance and final payment, the Contractor shal! remove rubbish, unused materials and temporary structures from the project, and restore in a manner acceptable to the Engineer all property that has been damaged during the prosecution of the work. The Contractor shall level and grade to drain as shown on the drawings, or in a manner as to prevent accumulation of water in the area of the work where the surface of the natural ground has been disturbed during construction. The site of the work sha~l be in a neat and presentable condition, free from ruts or holes and in a condition that it can be mowed with a hand pushed lawn mower. 4-2 MEASUREMENT AND PAYMENT: No direct payment shall be made for work under this Section. The cost thereof being ~ncluded in the bid price for the various bid items. 4-3 SECTION 5 SEWER PIPE SCOPE OF WORK Work under this Section shall consist of constructing pipe bedding and bell holes, and furnishing and installing all sewer pipe, together with all fittings, jointing materials, service connections, cleanouts and appurtenances necessary to complete the work. EXCAVATION, TRENCHING AND BACKFILLING: All excavation, trenching and backfulling shall conform to applicable portions of Section 3 of the specifications, PIPE: A. Pipe shall conform to the sizes shown on the drawings and bid on in the proposal. B. Specifications defining acceptable pipe shall be the latest revisions of the City of Coppell, Texas Specifications. LAYING PIPE: All sewers shall be laid true to line and grade with the bells upgrade. The joints of pipe shall be so laid and fitted that, when complete, the sewer will have a smooth and uniform invert. The pipe shall be kept completely clean so that jointing materials will seal. Each pipe joint shall be inspected for defects before being lowered into the ditch. Bo Water shall no be allowed in the trenches while the pipes are being laid, nor shall it be allowed to rise around the joint until the joint has set. C. Trench of not more than 1OO feet shall be. opened in advance of pipe laying unless permitted by the Engineer. D. Exposed ends of all p.ipes shall be protected with an approved stopper to prevent the entry of earth and other foreign substances. 5-1 Pipe shall be kept a~ free as possible of earth and foreign sub- stances as the work progresses. They shall be thoroughly flushed at the completion of the work of laying and jointing. Through manholes, where no branch line occurs, the pipe of the main line shall be laid continuously and grouted in. When the line is ready for testing, a section shall be broken out of the pipe from spring line to crown to permit testing, and the opening covered. Upon completion of the line, the entire pipe in the manhole shall be broken out from spring line to crown, leaving a straight, clean break. PIPE JOINTING: Compression Ring Joints - Bell holes have been prepared prior to lowering the pipe into the trench. The pipe embedment shall comply with the class called for on the plans. The bell and spigot of the two prespective pieces of pipe shall be wiped clean of all foreign material; the recommended amount of proper lubricant shall be applied to both the bell and the spigot. The sigot shall be inserted at an angle of approximately 30 to the grade, pushed forward and lowered firmly into place using a bar or other approved form of mechanical leverage. All installation procedures shall comply with the manu- facturer's recommendations. Any damage occuring to the plpe shall be cause for replacement with new materials. PIPE TO PIPE CONNECTIONS: A. Connections for future use, when shown on the drawings, shall be properly capped with a plug as called for on plans. B. Pipe cuts for connections shall not be made except with the approval of the Engineer. C. Wyes for service connections shall be installed where shown on the drawings or order by the Engineer. The ends of pipe which enter masonry shall be neatly cut to fit the inner face of the masonry. When directed, such cutting shall be done before the pipes are built in. INSPECTION OF JOINTS: Joints shall not be covered until authorized by the Inspector. 5-2 APPROVAL OF MATERIALS: Manufacturer's Certificates may be used as basis for accepting materials, pending any tests by the Engineer. Pipe Manufacturers shall furnish 0.5% of order for testing, when required by the Engineer. B. dointing Materials as far as possible, shall be delivered on the job in the manufacturer's container, clearly marked and unopened. FIELD TESTS: Ae Alignment shall be checked after joints have been inspected and the compacted backfill placed to 6 inches depth over the pipe. The Engineer shall flash a light between manholes or manhole loca- tions. Backfilling may be continued when alignment is true and satisfactory as herein determined. Exfiltration, infiltration and inflow tests with water shall not exceed 200 U. S. gallons per inch of diameter per mile of sewer for 24 hours. Tests and measurement shall be conducted in a manner approved by the governing authority. If excessive head situation is encountered, an air test may be ordered by the Inspector. Air Test as follows: Exfiltration Test Pneumatic Method: Air Test Air tests shall be made by the pressure drop versus time method. The Contractor shall furnish all material, equipment and labor necessary to perform the air test. The air gages shall be recently calibrated and shall be stamped showing the date of calibration. The test shall be performed using the below stated equipment according to stated procedures. The equipment used shall meet the following mi~nimum requirements: Pneumatic plugs shall have a sealing length equal to or greater than the diameter of the pipe to be inspected. Pneumatic plugs shall resist internal test pressures without requiring external bracing or blocking. All air used shall pass through a single control panel. Three individual hoses shall be used for the following connections: From the control panel to pneumatic plugs for inflation; from the control panel to a sealed line for introducing the low-pressure air; and from a sealed line to control panel for continually monitoring the air presure rise in the sealed line. Air compressor shall be of adequate capacity for charging the system. The following procedure shall be used for air testing a sewer system: All pneumatic plugs shall be sealed-tested before being used in the actual test installation. One length of pipe shall be laid on the 5-3 Co ground and sealed at both ends with the pneumatic plugs to be checked. Air shall be introduced into the plugs to 25 psig. The sealed pipe shall be pressurized to 5 pslg. The plugs shall hold against this pressure without bracing and without movement of the plugs out of the pipe. After a manhole to manhole reach of pipe has been backfilled and the pneumatic plugs have been checked by the above mentioned procedure, the plugs shall be placed in the llne at each manhole and inflated to 25 psig. Low pressure air shall be introduced into this sealed line until the internal air pressure reaches 4 psig. Allow at least two minutes for the air temperature to stabilize, adding only the amount of air required to maintain pressure. If the pipe to be tested is submerged in ground water, insert a pipe probe by boring or jetting into the backfill material adjacent to the center of the pipe, and determine the pressure in the probe when air passes slowly through it. This is back pressure due to ground water submergence over the end of the probe. All gauge pressure in the test should be increased by this amount. After the stabilization period (3.5 psig of minimum pressure in the pipe) start stop watch. Determine time in seconds that is required for the internal air pressure to reach 2.5 psig. Minimum permissible pressure holding time for runs of single pipe diameter are indicated in the following table. Pipe shall be visually inspected for wall thickness, straightness, soundness and cracks. Each piece shall be inspected before in- corporated in the system. Any joint found to be defective may be rejected by the Inspector. If more than twenty (20) percent of any load of pipe shall be found to be defective, the entire load may be rejected by the Inspector. PROTECTING PUBLIC WATER SUPPLY: Water lines and sanitary sewers shall be installed no closer to each other than 9 feet. Where this cannot be achieved, the sanitary sewer shall be constructed of pressure type cast iron pipe or the equivalent of 150 psi pressure pipe with water-tight joints used in water main construction for the 9 foot clearance or sewer main to be encased where water mains are crossed ~ distance ~s specified on the plans. No physical connection shall be made between a drinking water supply, public or private, and the sewer or any appurtenance. Any facilities for permitting discharge of drinking water into the sewer or any appurtenance thereof shall be constructed so as to prevent any possibil- ity of sewage entering the drinking water system. 5-4 MEASUREMENT AND PAYMENT: Measurement will be made per linear foot, horizontal measurement through all fittings and/or from centerling of pipe or manhole to cen- terline of pipe or manhole. Payment will be made at the unit price bid per linear foot for each size. Such payment shall be full compensation for laying, jointing, connecting~and testing all pipe, fittings, excavation, trenching and backfill and furnishing all labor, materials, tools and equipment necessary to complete the work. Aerial and bored crossings, and concrete encasement will be paid for as separate items. Cleanouts shall be paid for by the unit installed, connections shall be paid for as service connection. 5-5 AIR TEST TABLES MINIMUM HOLDING TIME IN SECONDS REQUIRED FOR PRESSURE TO DROP FROM 3½ TO 2½ PSIG PIPE DIAMETER 4" 6" 8" 10" 12" 15" 18" 21" 24" 27" 30" 33" 36" 39" 25 4 10 18 28 40 62 89 121 158 200 248 299 356 418 50 9 20 35 65 79 124 178 243 317 401 495 599 713 837 75 13 30 53 83 119 186 267 364 475 601 743 898 1020 1105 100 18 40 70 110 158 248 356 485 634 765 851 935 125 22 50 88 138 150 26 59 106 165 175 31 69 123 193 200 35 79 141 220 225 40 89 158 248 250 44 99 176 275 275 48 109 194 283 300 53 119 211 350 62 139 227 ~00 70 158 450 79 170 5oo 88 55O 97 600 106 198 238 277 317 340 309 446 371 510 425 595 680 650 113 170 227 283 340 425 510 595 680 765 851 935 lO20 11o5 NOTE: TO BE USED WHEN TESTING ONE DIAMETER ONLY SECTION 6 WATER PIPE SCOPE OF WORK: Work under this Section shall consist of constructing pipe bedding and bell holes, and furnishing and installing all pipe, together with all fittings, jointing materials, service connections and apputenances necessary to complete the work. EXCAVATION, TRENCHING AND BACKFILLING: All excavation, trenching and backfilling shall conform to applicable portions of Section 3 of these specifications. PIPE: A. Specifications defining acceptable pipe shall be the latest revisions of the City of Coppell, Texas specifications. Be Pipe shall be sound and free from cracks. Defective spigot ends may be cut off in a manner which will provide a square end. Not more than8 percent of the total number of the pipe may be used as cut pipe, and cut pipe which is more tha 2 feet under nominal laying lengths, shall not be used, except on short curves, or in special instances, as approved by the Engineer. MANUFACTURER'S CERTIFICATE: The Contractor shall furnish the manufacturer's certificate of test by a commercial laboratory of the physical characteristics of the pipe, as well as the usual physical inspection for shipping, at no extra cost to the Owner. PIPE LAYING: The Contractor shall open and excavate to finish depth only a reasonable amount of trench ahead of the pipeline laying opera- tions. The Engineer shall have the right to limit the amount of trench opened ahead of laying. 6-1 Co Do The pipe shall be carefully laid on the previously prepared sub- grade, aligned, jounted and supported the entire length of the barrel. Blocking shall be 3000 psi concrete and shall be placed between solid ground and the fitting to be anchored; the area of bearing on the pipe and on the ground in each instance shall be that meeting the requirements of the governing authority. The blocking shall, unless otherwise shown or directed, be so placed that the pipe and fitting joints will be accessible for repair. Backfill operations shall begin as soon as practicable after the pipe has been laid and shall be scheduled so as to have the back- fill completed to a point within 500 feet of the end of the laid line prior to the end of the work day. The Contractor shall take strict measures and precautions to in- sure that dirt, lumber, trash, water and other debris do not enter the pipeline during the construction operations. All openings shall be covered with a tight-fitting plug at the .close of the days operations and during any other temporary stoppage of the work. STERILIZATION - WATER LINES: The Contractor shall sterilize all new mains. All fittings, valves, gaskets and accessories used in connecting to existing mains shall be dipped in a solution of 50 parts per million of chlorine before being installed. The sterilization of the new mains shall be as follows: The Chlorinating Agent (chlorine gas-water mixture, calcium hypochlorite in water, or chlorinated lime of known chlorine content in water) shall be fed into the new line through a suitable solution feed device. The chlorinating agent shall be applied at or near the beginning point from which the main is being filled and shall be injected into the main. Chlorine shall be added until the water in the pipe line has a chlorine content of 50 parts per million' The chlorine tested water shall remain . in the lines at least 24 hours. Following chlorination all treated water shall be flushed from the mains until the replacement water shall have a chlorine content not in excess of 0.2 parts per million. Water with the high chlorine content shall not be permitted to flow into the existing system. After completion and sterilization of each line, the Contractor shall take samples from each line and send samples to the Texas Depart- ment of Public Health Laboratories and it will be the Contractor's responsibility to secure clear bacteriological reports from the State Health Department. Final payment shall not be made until clear bacteriol- ogical reports are received on each line and lines shall not be put in service until reports are received. 6-2 HYDROSTATIC TESTS: Each line or portion thereof shall be closed at the end and hydrostatically tested at minimum pressure of 180 psi atmospheric measured at the highest point in the line for a two hour continuous period. Leakage shall not exceed a rate of 10 gallons per inch of diameter per mile of pipe over a 2 hour period. The Contractor shall supply the necessary pumps, gauges, water meters and connections for making the test, all of which shall be subject to approval of the governing authority. Make-up water for conducting the tests will be supplied by the Contractor. During the testing period, all valve connections, packing glands, blow-offs, air valves and the entire length of line shall be inspected for leakage. All leaks of whatever size found shall be satisfactorily repaired. The testing may be conducted intermittently or continuously as the governing authority so directs and shall continue until the line has passed the tests, as specified herein and all known leakage has been corrected to the satisfaction of the governing authority. SANITARY PRECAUTIONS: Where water line crosses and existing sanitary sewer and there is less than nine feet clearance between the two lines, the Contractor shall center an 18 foot length of water pipe over the sanitary sewer. LINE AND GRADE: All pipe shall be laid to line and grade if shown on the plans and in all cases shall have a normal cover of three (3') feet above the top of the pipe, or as shown on the drawings. Cover shall be defined as the distance between the top of the pipe and natural ground or roadway surface. MEASUREMENT AND PAYMENT: A. Ductile iron pipe installed in bored or aerial crossings will be paid for a separate items. Measurement and payment shall be by the linear foot of pipe laid, measuring through all fittings and valves. Cast iron fittings shall be measured by the ton including all bolts and glands. No separate payment shall be made for blocking. Payment shall cover the cost of the pipe, laying, jolnting, excavation, backfill and pavement replacement, sterilization and testing. 6-3 C. Payment for connections to existing water lines will not be made separately. The cost shall be included in the unit price bid for cast iron fittings, gate valves and/or tapping sleeves and valves as shown or indicated on the drawings. 6-4 SECTION 7 CLEAN-UP GENERAL:' The Contractor shall maintain the job site reasonably clean and in a usable condition during the progress of the work. After construction work has been completed, all debris, trash, excess materials, equipment, etc., occasioned by the work and the construction shall be removed from the job site. The site shall be left in a neat appearing and workmanlike condition before final acceptance. All excess excavated materials are to be disposed of as directed. Waste heaps will be permitted only when authorized by the Engineer. BASIS OF PAYMENT: Payment for clean-up will be included in the unit price bid for the parti- cular part of the work that necessitates the cleaning. No other payment shall be made. 7-1 SECTION 8 SEEDING GENERAL: Seeding is to be spread by way of the Hydromulch method. The Contractor is to submit to the Engineer for his approval a list of components con- tained in the Hydromulch Mixture and their quantities also the method of distribution prior to placement. MATERIALS: Ail seed used shall carry a label showing the purity and germination, name and type of seed and that the seed meets the requirements of the U.S. Department of Agriculture, "Rules and Regulations Under the Federal Seed Act and the Texas Seed Law", and that the seed has been treated with an approved fungicide. Seed which has become wet, moldy or otherwise damaged in transit of storage will not be accepted. Fertilizer shall conform to Section entitled "Fertilizer". PLANTING SEASON: Ail planting shall be done between the dates specified for each type except as specifically authorized in writing. The seeds planted per acre shall be of the type specified with the mixture, rate and planting dates as follows: Type 1. Bermudagrass - unhulled Type 2. Bermudagrass - hulled Type 3. Bermudagrass - unhulled Rye Grass (Italian) 20 lb. 12 lb. 12 lb. 200 lb. January 1 to April 1 April 1 to October 1 October 1 to January 1 8-1 SECTION 9 FERTILIZER GENERAL: Fertilizer is to be spread by the Hydromulch method. The Contractor is to submit to the Engineer for his approval a list of components con- tained in the Hydromulch Mixture and their quantities also the method of distribution prior to placement. 9-1 SECTION 10 BACKSLOPE DRAINS AND APPURTENANCES SCOPE: This section covers backslopedrains and miscellaneous items indicated in connection with the channel improvements, complete. Excavation and backfilling is covered under the Section entitled "Excavation, Trenching, and Backfilling for Pipe" GENERAL: Pipe shall be laid true to the grades shown on .the drawings. Any line in which opening or faulting of the joints occurs during backfill or before final inspection and acceptance, such that infiltration of material or a change in flow characteristics results, shall be repaired or replaced. Pipe shall not be laid on unsuitable soft material, or when trench condi- tions or weather are unsuitable for such work. The Contractor shall be responsible for the diversion of drainage and dewatering of trenches during construction. Any section of the pipe already laid that is found to be defective or damaged shall be taken up and relaid or replaced at the option of the Owner, without additional cost to the Owner. PIPE FOR BACKSLOPE DRAINS: Pipe shall be of types, class and material specified herein and as indicated on the drawings. 10-1 SECTION ~ CONCRETE 5-01 SCOPE This section covers concrete work. Ail concrete materials, forms, equipment and workmanship shall conform to the requirements of "Building Code Requirements for Reinforced Concrete" (ACI 318), unless otherwise in- dicated on the drawings or modified herein. Ready-mixed concrete may be used and when used shall conform to ASTM C94. 5-02 MATERIALS Materials shall conform to the following specifications or standards: A. Cement - ASTM C-150, Type I, II or III cement. B. Aggregates - ASTM C-33. Designated size of coarse aggregate shall be 1-1/2 inch to No. 4, except where dimension of members requires the use of aggregate smaller than the designated 1-1/2 inch maximum. C. Water - Only potable water shall be used. D. Metal Reinforcement - Ail bars shall be new, billet-steel bars which conform to ASTM standard specification A615, Grade 60. Wire mesh reinforcement shall be welded steel wire fabric, con- forming to ASTM A-185. E. Expansion Joint Material - Expansion joint material shall be preformed expansion joint filler of the bituminous type which con- forms to the requirements of ASTM standard specification D-994, latest edition. Dimensions shall be as shown on the drawings (if thickness is not indicated, furnish 1/2 inch material). F. Joint Sealing Compound - Joint sealing compound shall be the hot- poured elastic type which conforms to the requirements of ASTM standard specifications D-1190. G. Shop Drawings - Submit shop drawings for approval prior to re- inforcing steel fabrication. 5-03 STRENGTH Mix Design - The concrete mix shall be a uniform and workable mix, designed with the intention of producing a compressive strength of 3,000 psi at 28 days and 2000 at 7 days. The concrete mix shall contain not less than 5 sacks of cement and not more than 6 U. S. gallons of water per sack of cement and shall be mixed and proportioned by weight, using methods and equipment such that proportions can be accurately controlled and easily checked at any time during the work. Bo Tests - The concrete shall be designed and controlled by a commercial testing laboratory selected by the Owner. Payment for commercial testing laboratory services is covered in the "Special Conditions". 11-1 S-1. S-3o B-4 Duties - The laboratory shall inspect and test all materials entering concrete and shall design concrete mixes to meet specified strengths, uses and finishes, analyze aggregate for quality, durability, grading and free water content, take representative specimens of ingredients and mixes, make test cylinders and measure compressive strength of same. The laboratory shall check the moisture content of aggregates and control the mix. Laboratory Control Cylinders - Initial mix design, in- cluding mix proportions and water cement ratios required to produce the specified strength, shall be established by making, curing and testing of a minimum of five standard size test cylinders. The cylinders shall be made and cured as prescribed in ASTM standard specifications C-192 and tested as prescribed in ASTM standard specifications C-39, latest edition. The mix shall be redesigned during the job as necessary to obtain the specified strength, in the same manner as outlined for the initial design. Field Test Cylinders - A minimum of four test cylinders shall be made and tested for each I00 cubic yards of concrete or for each day's pour, if the quantity poured in a day is less than 100 cubic yards. Of each set of four test cylinders, two shall be tested for strength at the age of 7 days and two at the age of 28 days. If any cylinder tests below the specified strength requirements, the Engineer shall have the right to require changes in proportions, require additional curing time, and take other measures outlined by the Joint Committee Report on standard specifi- cations for concrete and reinforced concrete entitled "Recommended Practice and Standard Specifications for Concrete and Reinforced Concrete". Test Reports - The laboratory shall furnish written reports covering results of all tests and inspections made. Reports shall be made promptly to the Engineer, Contractor and Owner. Contractor's Responsibility - It shall be the responsibility of the Contractor to produce concrete of the strength, durability, workability and finish specified, furnish represen- tative materials for specimens in quantities required by the testing laboratory, cooperate and assist in taking samples of materials for testing, check proportions fixed by testing laboratory and immediately notify the Engineer if proportions appear improper in any respect. He shall comply with the laboratory findings and the Engineer's decisions. Contractor shall pay for redesign of mix due to change in source of material. 11-2 5-04 5-05 FORMS A. General - Forms shall conform to the shape, lines and dimensions of the members as indicated on the drawings, and shall be sub- stantial and sufficiently tight to prevent leakage of mortar. Forms shall be properly braced or tied together so as to maintain position and shape. Forms shall be cleaned of foreign matter such as dirt, and chips, and thoroughly wetted with water or coated with nonstaining mineral oil immediately before placing of concrete. Temporary openings shall be provided at the base of forms when necessary to facilitate cleaning and inspection of forms immediately before placing concrete. Ail exposed corners shall be chamfered 3/4 inch, using strips dressed on all faces, except where radii are shown on exposed corners. Form Lumber - Form lumber used for exposed surfaces shall be sound, well seasoned lumber, dressed four sides to a uniform thickness and width, free of warps, twists, loose knots, splits or other defects. Undressed lumber may be used for unexposed surfaces. Moisture resistant concrete form plywood (not less than 5 ply and at least 9/16 inch in thickness) may be used. Joints in forms shall be horizontal or vertical. Metal Forms - Metal or other type forms shall be of an approved type that will produce surfaces equal to those produced by the specified wood forms. Ties - Form ties for exposed work shall be threaded rod type, using a threaded rod at least 1-1/2 inches shorter than the wall thickness so as to provide a minimum break-back of 3/4 inches from the wall face, leaving a small clean hole to be grouted. The use of wire ties without providing break-back will~ not be permitted where the concrete surfaces will be exposed to weathering, or at any point where discoloration will be objectionable. Form Removal - The removal of supporting forms or shores shall not be started until the concrete members have acquired sufficient strength to support safely their weight and any construction live loads, and in any case, such forms shall not be removed for at least three curing days. Forms for items such as walls and sides of beams, may be removed after three curing days. Provide seven days, or a longer period before the removal of supporting forms for long span members of slabs. Reshore where necessary to support loads imposed by construction operations. PLACING EMBEDDED ITEMS A. Reinforcing Steel - The reinforcing steel shall be accurately placed and adequately secured in position in the forms. Steel shall be maintained in place by approved concrete blocks or metal chairs or spacers. Where splicing is necessary, the bars shall be lapped at least 30 diameters, unless otherwise noted. No bar shall be spliced at points of maximum tension. The minmum thickness of pro- tection concrete covering the reinforcing steel shall be as in- dicated on the drawings. If not shown on the drawings, the applicable requirements of ACI building Code 318 shall govern. Ail reinforcing steel shall be inspected and approved before casting or depositing concrete. 11-3 Bo Other Embedded Items - Before placing any concrete, the Contractor shall install any such items as sleeves, anchors, sockets, piping and perform all tests required theron. 5 - 06 CURING Concrete placed under these specifications shall be protected so that it is maintained in a moist condition for at least seven days with exceptions as hereinafter noted. Curing by proper application of cotton mats, waterproof paper, a suitable membrane curing compound or wet earth will be acceptable. Membrane curing compound shall be any commercial curing compound which will provide not less than 85 percent water retention when tested in accordance with ASTM standard specification C-156 and which will not permanently discolor the con- crete. 11-4