Waterside P2-CN 930301CONTRACT DOCUMENTS
PAVING IMPROVEMENTS
FOR WATERSIDE ESTATES NO. 2
PHASE TWO
CITY OF COPPELL, DALLAS COUNTY, TEXAS
March 1, 1993
OWNER:
STANDARD PACIFIC OF TEXAS, INC.
5525 MACARTHUR BOULEVARD, SUITE 580
IRVING, TEXAS 75038
(214) 550-0426
ENGINEER:
DAN M. DOWDEY & ASSOCIATES, INC.
16250 DALLAS PARKWAY, SUITE 100
DALLAS, TEXAS 75248
(214) 931-0694
INDEX
CONTRACT AGREEMENT
PROPOSAL
INSURANCE CERTIFICATE
AMENDMENT TO GENERAL CONDITIONS
GENERAL CONDITIONS
SPECIAL CONDITIONS AND TECHNICAL SPECIFICATIONS
CONTRACT AGREEMENT
This Agreement is dated the ~ day of ~r'~ , 1993 by
and between Standard Pacific of Texas, Inc. (hereinafter called
Owner) and XIT Paving and Construction, Inc. (hereinafter called
the Contractor).
Owner and Contractor, in consideration of the mutual covenants
hereinafter set forth, agree as follows:
ARTICLE 1. WORK
Contractor shall complete all Work as specified or indicated
in the Contract Documents. The work is generally described as
follows: Paving Construction for Waterside Estates No. 2, Phase
Two, reflected in the Construction Plans entitled "Construction
Plans for Waterside Estates No. 2, Phase Two, City of. Coppell,
Dallas County, Texas", and prepared by Dan M. Dowdey and
Associates, Inc.
The project for which the Work under the Contract Documents
may be the whole or only part is generally described as Waterside
Estates No. 2, Phase Two.
ARTICLE 2. ENGINEER
The project has been designed by Dan M. Dowdey and Associates,
Inc., 16250 Dallas Parkway, Suite 100, Dallas, Texas 75248, (214)
931-0694 (hereinafter the Engineer) and who will assume all duties
and responsibilities and will have the rights and authority to
Engineer in the Contract Documents in connection with completion of
the Work in accordance with the Contract Documents.
ARTICLE 3. CONTRACT TIME
The work will be substantially completed on or before Forty
(40) working days following Contractor's receipt of written Notice
to Proceed, and completed and ready for final payment in accordance
with the General Conditions on or before ~c~, ~o~'~a-l~ ·
1993. ~ '~ L
ARTICLE 4. CONTRACT PRICE
Owner shall pay Contractor for performance of the Work in
accordance with the Contract Documents in current funds as follows:
Two Hundred Twenty Nine thousand Six Hundred Ninety Two Dollars and
23/100 ($229,692.23).
ARTICLE 5. PAYMENT PROCEDURES
Contractor shall submit application 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
applications for payment as recommended by Engineer and approved by
Owner, on or about the Friday following the 10th of each month
during construction as provided below. Ail 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.
5.1-A. Prior to substantial completion, progress payments
will be made in the amount equal to 90% of the work completed only.
Contractors request for payment shall be as of the 25th day and
shall be submitted to the Engineer no later than the last day of
each month.
5.1-B. Upon substantial completion, Owner shall pay (within
30 days of receipt of Engineers recommendation for payment) an
amount sufficient to increase total payments to Contractor to 90%
of the contract price, less such amounts as Engineer and Owner
shall determine in accordance with Paragraph 14.13 of the General
Conditions.
5.2 FINAL PAYMENT. Upon final completion and acceptance by
the Engineer, Owner and reviewing agency of the Work in accordance
with Paragraph 14.13 of the General Conditions, Owner shall pay the
remainder of the Contract price as recommended by the Engineer and
Owner as provided in said Paragraph 14.13.
ARTICLE 6. CONTRACTOR'S REPRESENTATION
On order to induce Owner to enter into the Agreement,
Contractor makes the following representation:
6.1 Contractors have familiarized themselves 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.
6.2 Contractor has studied carefully all reports of
investigation 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 the Engineer in
the preparation of the Drawing 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 reports and related
data in addition to those referred to in Paragraph 6.2 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
examinations, investigations, tests, reports, or other similar data
are or will be required by Contractor for such purposes.
6.4 Contractor has correlated the results of all such
observations, examinations, errors, or discrepancies that he has
discovered in the Contract Documents and the written resolution
thereof by Owner is acceptable to Contractor.
6.5 Contractor has given Engineer and Owner written notice of
all conflicts, errors, or discrepancies that he has discovered in
the written resolution thereof by Owner is acceptable to
Contractor.
6.6 Ail liens of the Contractor and any right to remove
removable improvements are subordinate to the Mortgage and Lender's
rights and all subcontracts and purchase orders shall contain a
provision subordinating the subcontractors' and materialmen's liens
and any right to remove removable improvements to the Mortgage and
Lender's rights thereunder. No change order shall be effective
without the prior written approval of the Lender except for
permitted scope changes.
ARTICLE 7.0 CONTRACT DOCUMENTS
The Contract Documents which comprise the entire agreement
between the Owner and Contractor are attached to this Agreement,
made part hereof, and consist of the following:
7.1 This Agreement;
7.2 Contractor's Bid;
7.3
Insurance in the amount reflected in attached
certificates;
7.4 Amendments to General Conditions;
7.5 General Conditions;
7.6 Special Conditions and Technical Specifications;
7.7 Drawings (sheet 1 to 28);
COVER SHEET
WATERSIDE ESTATES NO. 2, PHASE TWO
1
2,3
4 -11
12 , 13
14-20
21-23
24-27
28
Cover Sheet
Final Plat
Street Paving
Alley Paving
Storm Sewer
Water and Sanitary Sewer
Grading
Utility Conduit Layout
7.9 Any modifications, including
delivered after execution of Agreement.
Change Orders, duly
There are no Contract Documents other than those listed above
in this Article 7.0. The Contract Documents may only be altered,
amended, or repealed by modification (as defined in Section 1 of
the General Conditions).
ARTICLE 8. SEPARATED CONTRACT
It is the intention of the Owner and Contractor that this Agreement
constitute a Separated Contract as defined by Rule 3.291, Chapter
151 of the Texas Tax Code. Such separation shall be as stated in
the Contractor's Proposal which is made a part hereof.
8.1 Title to the materials used to perform the contract shall
pass to the developer (who shall be the Owner) at the time they are
delivered to the job site and before they are incorporated into the
realty or used by either the Contractor or the developer.
Payment for such materials shall be in accordance with this
Agreement and any supporting documents included herein.
8.2 The developer intends to donate the property to the City
of Coppell and the'city intends to accept the property before the
material is incorporated into the realty or used by the Contractor
or the developer.
This prior intention is further evidenced by the Final Plat and
Construction Plans as approved by the City.
The Contractor shall therefore give a resale certificate for the
materials and accent an exemption certificate for sales tax
purposes which the developer shall provide. Any and all sales
taxes or other taxes not covered by the exemption certificate shall
be the responsibility of and shall be paid by the Contractor.
ARTICLE 9. MISCELLANEOUS
9.1 Terms used un this Agreement which are defined in Article
1 of the General Conditions shall have the meanings indicated in
the General Conditions.
9.2 No assignment by a party of hereto of any rights under or
interest in the Contract documents will be binding on another party
hereto without the written consent of the part 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 be law), and unless specifically stated to the contrary in
any written consent to an assignment will release or discharge the
assignor from any duty or responsibility under the Contract
Documents.
Not withstanding the foregoing, assignment of any or all rights
and interests by Owner to Owner's development lender is hereby
approved by Contractor. Contractor hereby agrees to subordinate
any mechanic's or materialman's liens to the development loan.
9.3 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 10. OT~ER PROVISIONS
IN WITNESS WHEREOF, the parties hereto have signed this
Agreement in triplicate. One counterpart each has been delivered
to Owner, Contractor, and Engineer. All portions of the Contract
Document have been signed or identified by Owner and Contractor or
by Engineer on their behalf.
This Agreement will be effective on
, 1993.
OWNER:
Standard Pacific of Texas, Inc.
5525 MacArthur Blvd., Suite 580
Irving, Texas 75038
Address for giving Notices:
Standard Pacific of Texas, Inc.
5525 MacArthur Blvd., Suite 580
Irving, Texas 75038
Attn: Mike Brady
(214) 550-0426
CONTRACTOR:
XIT Paving & Construction
P.O. Box 495337
Garland, Texas 75049
2 CA?. VALL
---V CE-PRES'DENT
XIT Paving & Construction
P.O. Box 495337
Garland, Texas 75049
Attn: Lynn James
(214) 289-5331
P.O. Box 495337 · Garland, Texas 75049
February 26, 1993
Dan M. Dowdey & Associates, Inc.
16250 Dallas Parkway, Suite 100
Dallas, Texas 75248
Re f:
PAVING IMPROVEMENTS
WATERSIDE ESTATES NO.
Coppell, Texas
2 - PHASE II
Dear Sirs:
XIT PAVING &;CONSTRUCTION, INC. hereby proposes to furnish all labor, material and
equipment necessary to complete the following items of work for the above referenced
project:
ITEM QUANTITY &
# DESCRIPTION UNITS OFMEASURE UNIT PRICE TOTALS
#01 6" Rein. Conc. ll,818/s.y. $ 14.82 $175,142.76
Street Paving
#02 6"-4"-6" Rein. Conc. 1,400/s.y. 15.33 $ 21,462.00
Alley Paving
#03A 6" Lime 14,275/s.y. 1.10 $ 15,702.50
Stabilization
#04A Hydrated Lime 193/tons
#05 Payment & Performance 1/1.s.
Bond
ALTERNATE
#03B 6" Cement 14,275/s.y.
Stabilization
#04B Bulk Cement 193/tons
78.29 $ 15,109.97
2,275.00 $ 2,275.00
TOTALS: $229,692.23
WORKING DAYS: 40
1.25 $ 17,843.75
57.20 $ 11,039.60
TOTAL: $227,763.11
& COli.qTZUCTIOll, INC.
February 26, 1993
WATERSIDE ESATAES NO. 2-PHASE II
PAGE TWO
The following items are for the purpose of gaining a tax exempt status for this contract.
SEPARATED BID IS AS FOLLOWS:
1.) Total Materials incorporated into the project: $ 149,299.95
2.) Total other charges: : $ 80,392.28
3.) Owner must furnish ×IT an exemption certificate prior to XIT mobilization.
4.) Title to the materials for the work will pass to the Owner when delivered on jobsite
and before they are incorporated into the realty or used by Owner or contractor. Owner
intends to donate the property before the materials are incorporated into the realty or
used by the Owner or Contractor.
Furthermore, if this proposal is accepted, it will be mutually understood and agreed upon
by both parties concerned that this proposal is not a lump sum contract.
Our terms are payment in full upon completion of our work. Should the construction period
exceed thirty (30) calendar days, then monthly progress payments shall be made on or
before the 10th day following the month in which the work was performed. If the project is
suspended for convenience of the Owner or for reasons beyond the control of XIT PAVING &
CONSTRUCTION, INC., then all monies due shall become payable in full inclusive to any
retainage being withheld.
Upon completion and acceptance by the Owner and/or Engineer of the work contained herein,
then all monies due, including all monies retained, shall become payable. An interest rate
of fifteen percent (15%) per year shall be assessed on all monies not received in
accordance with these terms and provisions and all retainage withheld shall be in
accordance with Item 1.51 of the "ST~WDARD SPECIFICATIONS OF PUBLIC WORKS CONSTRUCTION,
NORTH CENTRAL TE×AS"(C.O.G.'SPEC.).
This proposal is good for (THIRTY) calendar days from February 26, 1993.
Should you have any questions or require and further information, please feel free to
call.
- Sincerely,
XIT PAVING AND CONSTRUCTION, INC.
-- Vice President .
CDW/cw
ACCEPTED BY:
NOTE
TEXAS $~T.W.S TAX EXEMPTION
It is the intention of the Owner and Contractor that this
'"Agreement constitute a Separated Contract as defined by Rule
.2.291, Chapter 151 of the Texas Tax Code. Such Separation shall
-be as stated in the Contractor's Proposal which is made a part
·hereof.
Title to the materials used to perform the contract shall
pass to the developer (who shall be the Owner) at the time
they are delivered to the job site and before they are
incorporated into the realty or used by either tke
.Contractor or the Developer.
Payment for such materials shall be in accordance with"
this Agreement and any supporting.documents included herein.~
The Developer intends to donate property to ~he City of
~.Q~p~/_~ and the City intends to accept
the property before the material is incorporated into
the realty or used by the Contractor or ~he developer.
This prior intention· is .further evidenCed .by the Final
Plat and Construction Plans as approved by the City.
The Contractor .shall therefore give a resale certificate for
the materials and accept an exemption certificate for sales
tax purposes which the developer shall provide.
AMENDMENTS TOGENERAL CONDITIONS
ARTICLE I.
Application for Payment: Add "and Owner" after "Engineer".
Change Order: Add "and Owner" after "Engineer".
Field Order:
Substantial Completion:
the first time it appears.
Work Directive' Change:
ARTICLE 2.
Add "and Owner's
Add
" after "Engineer's".
"and Owner" after "Engineer"
Add "and Owner" after "Engineer".
Paragraph 2.3, first sentence: Change "thirtieth" to
"fifteenth".
Paragraph 2.3, second sentence': Change "thirty" to
,,fifteen''.
Paragraph 2.6: Add "and Owner" after "Engineer!'.
Paragraph 2.8: Add "and Owner" after "Engineer".
Paragraph 2.9, second sentence: Add "and Owner"
!'Engineer" the first time it appears.
after
ARTICLE 3.
Paragraph 3.2, last sentence: Add "and Owner" after
"Engineer".
Paragraph 3.3: Add "and Owner" after "Engineer" save and
except the last time it appears.
Paragraph 3.5.2: Add "and Owner" after Engineer".
Paragraph 3.5.3: Add i'and Owner" after "Engineer".
ARTICLE 6.
~'- Paragraph 6.5, second sentence: Add "or Owner" after
"Engineer".
Paragraph 6.6: Add "and Owner" after "Engineer".'
Page I of 3 Pages
Amendments to General Conditions
Paragraph 6.13: Change the first sentence to read, ~Unless
otherwise provided in the Supplementary Conditions, Contractor
shall obtain and pay for all construction permits, licenses,
insurance and other fees necessary to construct there
improvements but not including city ·inspection fees".
Paragraph 6.20, last sentence: Add "and Owner" after
"Engineer" and delete "Owner and".
Paragraph 6.22: Add "and Owner"
and except in the first sentence.
after "Engineer" save
ARTICLE 7.
Paragraph 7.3: Add "and Owner" after "Engineer".
ARTICLE 8.
Paragraph 8.1: Add "or advise Engineer of communications
with Contractor" at the end of the sentence.
ParagraPh 8.2: Delete "against whom Contractor makes no
reasonable objection" and delete last sentence in its entirety.
ARTICLE 9.
Paragraph '9.3: Change "If Owner and Engineer agree...
to "If Owner agrees..."
Paragraph 9.5: Add "and Owner jointly: after "Engineer".
Paragraph 9.6: Add "and Owner" after "Engineer".
Paragraph 9.10:
"Engineer".
first sentence:
Add "and Owner". after
Paragraph 9.10: Change the last sentence to read
"Engineer's and Owner's written decisions thereon will be final
and binding upon Owner and Contractor".
Paragraph 9.11: Add "and Owner"
and except in the first sentence.
after "Engineer" save
ARTICLE 1 0.
Paragraph 10.4.3: Add "and Owner" after "Engineer".
ARTICLE 11.
Paragraph 11 .2: Add "and Owner" after "Engineer".
Paragraph 11.7: Add. "and Owner" after "Engineer".
Paragraph 1 1 . 8, las t . sentence: Add "and Owner"
"Engineer".
after
Paragraph 11 .9.1: Add "and Owner" after !'Engineer".
ARTICLE 12.
Paragraph 12.1: Add "and Owner" after "Engineer".
ARTICLE 1 3.
Paragraph 13.4, first sentence:
"Engineer".
Add "and Owner" after
Paragraph 13.6: Change the paragraph to read "If any Work
(including the work of others) that is to be inspected, tested,
or approved is covered without written concurrence of Engineer,
it must, if requested by Engineer of Owner, be uncovered for
observation. Such uncovering shall be at Contractor's expense."
Paragraph 13.8: Add "or Owner" after "Engineer" the first
two times it appears in the sentence.
Paragraph 13.9: Change the first sentence to read
"...Contractor, at Engineer's or Owner's request, shall uncover,
expose, or otherwise make available for observation, inspection,
or testing as Engineer or Owner may require..." Delete the
last sentence in its entirety.
Paragraph 13.11:
time it appears.
Add "or Owner" after "Engineer" the second
Paragraph 13.14: Add "or Owner" after "Engineer" save
and except the first time it appears.
ARTICLE I 4.
Paragraph 14.1: Add "and Owner" after "Engineer".
Paragraph 14.7: Change "immediate" to "within 15 days".
Paragraph 14.8: Change "seven days" to "ten days" and
Change the last sentence to read "...will be .binding in
Contractor until final payment".
Paragraph I 4.12: Add "and Owner" after "Engineer".
Paragraph 1 4.13, last sentence: Add "and Owner's" .after
"Engineer's" and add and Owner" after "Engineer".
ARTICLE I 5.
· Paragraph 15.2, last sentence: Add "and Owner" after "Engineer".
Page 3 of 3 pages Amendments to General Conditions
This document has important legal consequences: consultation with an attorney is encouraged with
r~spect to its completion or modification.
STANDARD
GENERAl, CONDITIONS
OF TI-IE
CONSTRUCTION CONTRACT
Prepared by
Engineers Joint Contract Documents Committee
and
Issued and Published Jointly By
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
A practice division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
AMERICAN CONSULTING ENGINEERS COUNCIL
AMERICAN SOCIETY OF CIVIL ENGINEERS
CONSTRUCTION SPECIFICATIONS INSTITUTE
This document has been approved and endorsed by
The Associated Ge Cont.ractor~ of America
These General Conditions have been prepared for use with the Owner-Contm~:tor Agreements ('No. 1910-8-A-I or
1910-8-A-2) (1990 Editions). Their provisions are interrelated and a change in one may n&cessitate a change in the
others. Comments concerning their usage are contained in the Commentary on Agreements for Engineering
Services and Contract Documents (No. 1910-9) (1986 Edition). For guidance in the preparation of Supplementary
Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910-17) (1990 Edition). When
bidding is involved, the Standard Form 6f Instructions to Bidders (No. 1910-12) (1990 Edition) may be used.
1990 National Society of Professional Engineers
1420 King Street, Alexandria, VA 22314
American Consulting Engineers Council
1015 15th Strut, N.W., Washin~0n, DC 20005'
American Society of Civil Engineers
345 East 47th Street, New York, NY 10017
Construction Specifications Institute
601 Madison St., Alexandria, VA 22314
TABLE OF CONTENTS OF GENERAL CONDITIONS
Article or Paragraph Page
Number & Title Number
I. DEFINITIONS ................................... 13
Addenda ............................. 13
Agreement ........................... 13
Application for Payment .............. 13
Asbestos ............................. 13
Bid ................................... 13
Bidding Documents ....... ' ............ 13
Bidding Requirements ................ 13
Bonds ................................ 13
Change Order ........................ 13
Contract Documents .................. 13
1.1
1.2
1.3
1,4
1.5
1.6
!.7
1.8
!.9
1.10
1.I1
1.12
1.13
!.14
I.l$
1.16
1.17
1.18
1.19
1.20
1.21
1.22
Contract Price ........................ 13
Contract Times ....................... 13
CONTRACTOR ...................... 13
defective ............................. 13
Drawings ............................. 13
Effective Date of the Agreement ....... 13
ENGINEER .......................... 13
ENGINEER's Consultant ............. 13
Field Order ........................... 13
GenemI Requirements ................ 14
Hazardous Waste ..................... 14
Laws and Regulations; Laws or
Regulations ........................ 14
1.23 Liens ................................. 14
1.24 Milestone ............................. 14
1.25 Notice of Award .............. : ........ 14
1.26 Notice to Proceed .................... 14
1.27 OWNER ......................... :... 14
1.28 Partial Utilization ..................... 14
1.29 PCBs ................................. 14
1.30 Petroleum ............................ 14
1.31 Project ............................... I4
1.32 Radioactive Material .................. 14
1.33 Resident Project Representative ....... 14
1.34 Samples .............................. 14
1.35 Shop Drawings ........................ 14
1.36 Specifications ......................... 1.4
1.37 Subcontractor ........................ 14
1.38 Substantial Completion ............... 14
1.39 Supplementary Conditions ............ 14
1.40 Supplier .............................. 14
!.41 Underground Facilities .............. ;. 14
1.42 Unit Price Work ...................... 14
1.43 Work ................................. 15
1.4~ Work Change Directive ............... 15
1.45 Written Amendment .................. 1.5
2. PRELIMINARY MATTERS ...................... 15
2.1
2.2
2.3
2.4
DeIivery of Bonds .................... 15
Copies of Documents ................. 15
Commencement of Contract Tunes;
Notice to Proceed .................. 15
Starting the Work ........ ; ............ I5
Article or Paragraph Page
Number & Title Number
2.5-2.7 Before Starting Construction;
CONTRACTOR's Responsibility to
Report: Preliminary Schedules;
Delivery of Certificates of
Insurance ..........................
Preconstruction Conference ...........
Initially A&¢eptable Schedules .........
15
15
16
2.8
2.9
3. CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE ............................ 16
3.1-3.2 Intent ................................ 16
3.3 Reference to Standards and
Specifications of Technical Societies;
Reporting and Resolving
Discrepancies ...................... 16
3.4 Intent of Certain Terms or Adjectives .. 17
3.5 Amending Contract Documents ....... 17
3.6 Supplementing Contract Documents .... 17
3.7 Reuse of Documents ..... ' ............. 17
4. AVAILABILITY OF LANDS; SUBSURFACE AND
PHYSICAL CONDITIONS; RE FERENCE POINTS. 17
4.1
4.2
4.2.1
4.2.2
4.2.3
Availability of Lands .................. 17
Subsurface and Physical Conditions ... 17
Reports and Drawings ................ 17
Limited Reliance by CONTRACTOR
Authorized; Technical Data ......... 18
Notice of Differing Subsurface or
Physical Conditions ................. 18
ENGINEER's Review ................ 18
Possible Contract Documents Change . 18
Possible Price and Times Adjustments. i8
Physical Conditions--Underground
Facilities ........................... 18
Shown or Indicated ................... 18
Not Shown or Indicated .............. 19
Reference Points ...................... 19
Asbestos, PCBs, Petroleum, Hazardous
Waste or Radioactive Material ...... 19
4.2.4
4.2.5
4.2.6
4.3
4.3.1
4.3.2
4.4
4.5
5. BONDS AND INSURANCE .....................
5.1-5.2
5.3
5.4
5.5
5.6
5.7
5.8
5.9
5.10
5.11
Performance, Payment and Other Bonds.
Licensed Sureties ~.nd Insurers;
Certificates of insurance ............ 20
CONTRAC'IX)R's Liability Insurance . 20
OWNER's Liability Insurance ........ 21
Property Insurance ................... 21
Boiler and Machinery or Additional
Property Insurance ................. 21
Notice of Cancellation Provisions ..... 21
CONTRACTOR's Respons~ility for
Deductible Amounts ................ 22
Other Special Insurance ............... 22
Waiver of Rights ...................... 22
Article or Paragraph Page
Number & Title Number
5.12-5.'13 Receipt and Application of Insurance
5.14
5.15
Proceeds ........................... 22
Acceptance of Bonds and Insurance;
Option to Replace ................. 22,
Partial Utilization--Property
Insurance .......................... 23
6. CONTRAC"IDR'S RESPONSIBILITIES .......... 23
6.1-6.2 Supervision and Superintendence ... ' 23
6.3-6.5 Labor, Materials and Equipment ...... 23
6.6 Progress Schedule .................... 23
6.7 Substitutes and "Or-Equal" Items;
CONTRACTOR's Expense;
Substitute Construction
Methods or Procedures;
ENGINEER's Evaluation .......... 23
6.8-6.11 Concerning Subcontractors, Suppliers
and Others; Waiver of Rights ....... 24
6.12 Patent Fees and Royalties ............. 25
6.13 Permits ............................... 25
6.14 Laws and Regulations ................ 25
6.15 Taxes ................................ 25
6.16 Use of Premises ...................... 26
6.17 Site Cleanliness ....................... 26
6.18 Safe Structural Loading ............... 26
6.19 Record Documents ................... 26
6.20 Safety and Protection ................. 26
6.21 Safety Representative ................. 26
6.22 Hazard Communication Programs ..... 27
6.23. Emergencies ' ' 27
6.24 Shop Drawings and Samples .......... 27
6.25 Submittal Procedures;
CONTRACTOR's Review Prior to
Shop Drawing or Sample Submittal . 27
6.26 Shop Drawing & Sample Submittals
Review by ENGINEER ............ 27
6.27 Responsibility for Variation From
Contract Documents ................ 27
'6.28 Related Work Performed Prior to
ENGINEER's Review and Approval
of Required Submittals ............. 27
.6.29 Continuing the Work 28
6.30 CONTRACTOR's General
Warranty and Guarantee ............ 28
Indemnification ....................... 28
Survival of Obligations ................ 28
6.31-6.33
6.34
OTHER WORK ..................................
7.1-7.3
7.4
OWNER'S
8.1
8.2
8.3
8.4
8.5
Related Work at Site .................. 29
Coordination
RESPONSIBILITIES ................. 29
Communications to Contractor ........ 29
Replacement of ENGINEER .......... 29
Furnish Data and Pay Promptly When
Due ................................ 29
Lands and Easements; Reports and
Tests ............................... 29
Insurance ............................. 29
Article or Paragraph
Number & Title
8.6
8.7
8.8
Page
Number
Change Orders ....................... 29
Inspections, Tests and Approvals ...... 29
Stop or Suspend Work; Termina~
CONTRACTOR's Services ......... 29
8.9 Limitations on OWNER's
Respons~ilities ..................... 30
8.10 Asbestos, PCBs, Petroleum, Ha~-rdous
Waste or Radioactive Material ...... 30
8.11 Evidence of Financial Arrangements .. 30
9. ENGINEffR'S STATUS DURING
CONSTRUCTION ............................... 30
9.1 OWNER's Representative ............ 30
9.2 Visits to Site .......................... 30
9.3 Project Representative ................ 30
9.4 Clarifications and Interpretations ...... 30
9.5 Authorized Variations in Work ........ 30
9.6 Rejecting Defective Work ............. 30
9.7-9.9 Shop Drawings, Change Orders and
Payments .... , ..................... 31
9.10 Determinations for Unit Prices ......... 31
9. I I-9.12 Decisions on Disputes; ENGINEER as
Initial Interpreter ................... 31'
9.13 Limitations on ENGINEER's
, Authority and Responsibilities ...... 31
I0. CHANGES IN THE WORK ..................... 32
I0. I OWNER Ordered Change ............ 32
I0.2 Claim for Adjustment ................. 32
10.3 Work Not Required by Contract
Documents ......................... 32
10.4 Change Orders
10.5 Notification of Surety ................ ; 32
11. CHANGE OF CONTRACT PRICE .............. '32
11. I-11.3 Contract Price; Claim for Adjustment;
Value of the Work .................. 32
11.4 Cost of the Work ...................... 33
11.5 Exclusions to Cost of the Work ....... 34
11.6 CONTRACTOR's Fee ................ 34
I 1.7 Cost Records ......................... 34
11.8 Cash Allowances ..................... 35
i 1.9 Unit Pr/ce Work ...................... 35
12. CHANGE OF CONTRACT TIMES .............. 35
12. I Claim for Adjustment .................. 35
12.2 Time of the Essence ................... 35
12.3 Delays Beyond CONTRACTOR's
Control ............................ 35
12.4 Delays Beyond OWNER's and
CONTRACTOR's Control .......... 35
13. TESTS AND INSPECTIONS; CORRECTION,
REMOVAL OR ACCEPTANCE OF DEFECTIVE
WORK .......................................... 36
13. I Notice of Defects ..................... 36
13.2 Access to the Work ........... ; ........ 36
13.3 Tests and Inspections; Contractor's
Cooperation ........................ 36
Article or Paragraph Page
Number & Title Number
13.4 OWNER's Respona~ilities;
13.5
13.6-13.7
13.8-13.9
13.10
13.1I
13.12
13.13
13.14
Article or Paragraph
Number & T'ttle
14.
Independent Testing Laboratory .... 36
CONTRACTOR's Respons~ilities ..... 36
CoveringWork Prior to Inspection,
Testing or Approval.. ............... 36 15.
Uncovering Work at ENGINEER's
Request .............. . .............. '36
OWNER May Stop the Work ......... ' 36
Correction or Removal of Defective
Work ...............................
Correction Period ...... ' .....
Acceptance of Defective Work ........ 37
OWNER May Correct Defective
Work ............................... 37
PAYMENTS TO CONTRACTOR AND
COMPLETION .................................
14.1
14.2
14.3
14.4-14.7
Schedule of Values ....................
Application for Progress Payment .....
CONTRACTOR's Warranty of Title ...
Review of Applications for
Progress Payments .................
Substantial Completion ...............
Partial Utilization .....................
Final Inspection ......................
37
37
38
38
38
39
39
39
14.8-14.9
14.10
14.1 1
Number
i4.12 Final Application for Payment ......... 40
14.13-14.14 Final Payment and Acceptance ........ 40
14.15 Waiver of Claims ..................... 40
SUSPENSION OF WORK AND
TERMINATION ................................ 40
15.1 OWNER May Suspend Work ......... 40
15.2-15.4 OWNER May Terminate .............. 40
15.5 CONTRACIOR May Stop Work or
Terminate ...... .' .......... 2 ........ 41
16. DISPUTE RESOLUTION ....................... 41
17. MISCELLANEOUS ............................. 42
17. I Giving Notice ........................ 42
'17.2 Computation of Times ................ 42
I7.3 Notice of Claim ....................... 42
17.4 Cumulative Remedies ................. 42
17.5 Professional Fees and Court Costs
Included ........................... 42
EXHIBIT GC-A (Optional): '
Dispute Resolution Agreement (Optional) ..... GQ-Al
16.1-16.6 A)bitration .................... GC-AI
16.7 Mediation ...................... GC-A2.
'3
INDEX TO GENERAL CONDITIONS
'Article or Paragraph
Number
Acceptance
Bonds and Insurance ................................ 5.14
defective Work ....................... I0.4.1, 13.13, 13.15
final payment ................................. 9.12, 14.15
insurance ........................................... 5.14
other Work, by CONTRACTOR ...................... 7.3
Substitutes and "Or-Equal" Items .................. 6.7.1
Work by OWNER ........................ 2.5, 6.30, 6.34
Access to the--
Lands, OWNER and CONTRACTOR
responsibilities ..................................... 4. I
site, related work .................................... 7.2
Work ................................... 13.2, 13.14, 14.9
Acts or Omissions---, Acts and Omissions~
CONTRACTOR ............................ 6.9.1, 9.I3.3
ENGINEER ................................ 6.20, 9.13.3
OWNER ....................................... 6.20, 8.9
Addenda---definition of (also see
definition of Specifications) ........... (1.6, 1.10, 6.19) i.I
Additional Property Insurances ......................... 5.7
Adjustments
Contract Price or Contract
Times ......... 1.5, 3.5, 4.1, 4.3.2, 4.5.2, 4..5.3, 9.4, 9..5,
10.2-10.4, II, 12, 14.8, 15.1
progress schedule .................. .................. 6.6
Agreement--
definition of ........................................... 1.2
All risk Insurance, policy form ........................ 5.6.2
Allowances, Cash ................... .................. II.8
Amending Contract Documents ......................... 3.5
Amendment, Written--
in general .... 1.10, 1.45, 3.5, 5.10, 5.12, 6.6;2, 6.8.2, 6.19,
1'0. I, 10.4, 11.2, 12.1, 13.12.2, 14.7.2
· Appeal, OWNER or CONTRACTOR
intent to ...................... 9.10, 9.11, 10.4, 16.2~ 16.5
Application for Payment~
definition of ........................................... 1.3
ENGINEER's Responsibility ......................... 9.9
final payment .................. 9.13.4, 9.13.5, 14.12-14.15
in general ....................... 2.8, 2.9, 5.6.4, 9.10, 15..5
progress payment .............................. 14.1, 14.7
review of' ...................................... 14.4-14.7
Arbitration (Optional) ............................. 16.1-16.6
Asbestos--
claims pumuant thereto ....................... 4.5.2, 4.5.3
CONTRACTOR authorized to stop Work ........... 4..5.2
definition of .......................................... !.4
OWNER responsibility for .................... 4.5.1, 8.10
possible price and times change ..................... 4.5.2
Authorized Variations in Work ........... :3.6, 6.*-5, 6.27, 9.5
Availability of Lands ............................... 4.1, 8.4
Award, Notice of---defined ............................ 1.25
Before Start/ng Construction ........................ 2.5-2.8
Bid--definition of ...................................... 1
(1.I, 1.10, 2.3, 3.3, 4.2.6.4, 6.13, 11.4.3, 11.9.1)
Article or Paragraph
Number
Bidding Documents--definition of ................ 1.6 (6.8.2)
Bidding Requirements~definitions of ...... 1.7 (I.I, 4.2.6.2)
Bonds---
acceptance of ....................................... 5.14
additional bonds .................... 2 ......10.5, 11.4.5.9
Cost of the Work .................................. 11.5.4
definition of .......................................... 1.8
delivery of ...................................... 2. !, 5. I
final application for payment ................. 14.12-14.14
general '. .............. 1.10, 5.1-$.3, 5.13, 9. I3,10..5, 14.7.6
performance, Payment and Other ................. 5.1-5.2
Bonds and Insurance--in general ......................... 5
Builder's risk "all r/sk" policy form ................... 5.6.2
Cancellation Provisions, InsUrance ........ 5.4.1 I., 5.8, 5.15
Cash Allowances ...................................... 11.8
Certificate of Substantial Completion ......... 1.38, 6.30.2.3,
14.8, 14.10
Certificates of Inspection ................ 9.1:3.4, 13..5, 14.12
Certificates of Insurance .. 2.7, 5.3, 5.4.1 I, 5.4.13, 5.6.5, 5.8,
............................... ; ....... 5.14,9.13.4, 14.12
Change in Contract Price~
Cash Allowances ................................... 11.8
claim for price adjustment ..... 4.1, 4.2.6, 4.5, 5.15, 6.8.2,
9.4,9.5,9.11, 10.2, 10.5, 11.2, I3.9,
13.13, 13.14, 15.1, 15..5
CONTRACTOR's fee ............................... 11.6
Cost of the Work
general ................. ~ .................... 11.4-11.7
Exclusions to ....................................... 11..5
Cost Records ....................................... 11.7
in general .............. 1.19, 1.44, 9.11, 10.4.2, 10.4.3, I1
Lump Sum Pricing ............... ~ ................ 11.3.2
Notification of Surety ............................... 10.5
Scope of ................................... ' .... 10.3-10.4
Testing and Inspection, Uncovering the Work ........ 13.9
Unit Price Work .................................... 11.9
Value of Work .............. ~ ....................... 11.3
Change in Contract Time.q--
Claim for times adjustment .... 4.1, 4.2.6, 4.5, .5.15, 6.8.2,
9.4, 9.5, 9.11, 10.2, 10.5, 12.1, 13.9, 13.13,
13.14, 14.7, 15.1, 15.5
Contractual time limits .-. ............................ 12.2
Delays beyond CONTRACIOR's control ............ 12.3
Delays beyond OWNER's and CONTRACTOR's con-
tro! ............................................... 12.4
Notification of surety ................................ 10.5
Scope of change ............................... 10.3-10.4
Change Order~--
Acceptance of Defective Work ..................... 13.13
Amending Contract Documents ...................... 3.5
Cash Allowances ................................... 11.B
Change of Contr~:t Price ............................. I 1
Change of Contr',mt Times ............................ 12
Changes in the Work .................................. I0
CONTRACTOR's fee ............................... ! 1.6
Cost of the Work ............................... 11.4-I 1.7
Article or Paragraph
Number
Cost Records ....................................... 1 !.7
definition of .......................................... 1.9
emergencies ........................................ 6.23
ENGINEER's responsibility ......... 9.8, 10.4, 11.2, 12.1
execution of' ........................................ 10.4
Indemnification ..................... 6.12, 6.16, 6.31, 6.33
Insurance, Bonds and ................... 5.10, 5.13, 10.5
OWNER may terminate ........................ 15.2-15.4
OWNER's Responsibility ....................... 8.6, 10.4
Physical Conditions--
Subsurface and ............. : ~ ....................... 4.2
Underground Facilities ........................... 4.3.2
Record Documents ................................. 6.19
Scope of Change ............................... 10.3-10.4
Substitutes ................................... 6.7.3, 6.8.2
Unit Price Work .................................... 11.9
value of Work, covered by .......................... ! 1.3
Changes in the Work ....................................10
Notification of surety ............................... 10.5
OWNER's and CONTRACTOR's responsibilities .... 10.4
Right to an adjustment ................... . ...........10.2
Scope of change ............................... I0.3-I0.4
Claims--
against CONTRACTOR ............................. 6.16
against ENGINEER ................................ 6.32
against OWNER ............ ~ ....................... 6.32
Change of Contract Price ....................... 9.4, 11.2
Change of Contract Times ...................... 9.4, 12.1
CONTRACTOR's 4, 7.1, 9.4, 9.5, 9.11, I0.2, 11.2, 11.9,
12.1, 14.8, 15.1, 15.5, 17.3
CONTRACTOR's Fee .............................. 11.6
CONTRACTOR's liability ............ 5.4, 6.12, 6.16, 6.31
Cost of the Work .............................. 11.4, I 1.5
Decisions on Disputes ......................... 9.11, 9.12
Dispute Resolution .................................. 16. I
Dispute Resolution Agreement .................. 16.1-16.6
ENGINEER as initial interpretor .................... 9.11
Lump Sum Pricing ................................ 11.3.2
Notice of ........................................... 17.3
OWNER's ......... .. 9.4, 9.5, 9.11, 10.2, 11.2, 11.9, 12.1,
13.9, 13.13, 13.14, 17.3
OWNER's liability ................................... 5.5
OWNER may refuse to make payment . .'. ........... 14.7
Prot'essional Fees and Court Costs Included .......... 17.5
request for formal decision on ....................... 9. I i
Substitute items .................................. 6.7.1.2
Time Extension .....................................12.1
Time requirements ............................ 9.11, 12.1
Unit Price Work .................................. 11.9.3
Value of ............................................ 11.3
Waiver of---on Final Payment ................ 14.14, 14.15
Work Change Directive ............................. 10.2
written notice required ................... 9.11, 11.2, 12.1
Clarifications and Interpretations ............ 3.6.3, 9.4, 9.11
Clean Site ............................................ 6.17
Codes of Technical Society, Organization or
Association ...................................... 3.3.3
Commencement of' Contract Times ..................... 2.3
Communications--
Article or Paragraph
Number
general ................................... : 6.2, 6.9.2, 8.1
Haz~n:i Communication Programs ................... 6.22
Completion--
Final Application for Payment ...................... 14.12
Final Inspection ................................... I,*. II
Final Payment and Acceptance ............... 14.13-14.1 ~,
Partial Utilization .................................. 14.10
Substantial Completion ................... 1.38, 14.8-14.9
Waiver of'Claims .................................. 14.15
Computation of Times ........................ 17.2.1-17.2.2
· Concerning Subcontractors,
Suppliers and Others ............................ 6.8-6. tl
Conferences--
initially acceptable schedules ......................... 2.9
preconstruction ...................................... 2.8
Conflict, Error, Ambiguity, Discrepancy--
CONTRACTOR to Report ..................... 2.5, 3.3.2
Construction, before starting by CONTRACTOR .... 2.5-2.7
Construction Machinery, Equipment, etc ................ 6.4
Continuing the Work ............................. 6.29, 10.4
Contract Documents-- .:
Amending ..'...' ...... ~ ..... : ........... · ................ 3.5
Bonds ..................................... -.. ,.: .... 5.1
Cash Allowances ..................... :...' .......... 11.8
Change of Contract Price ............................. 11
Change of Contract Times ....- ........................ 12
Changes in the Work ......... ~ ................. 10.4-10.5
check and verify ..................................... 2.5
Clarifications and Interpretations ....... 3.2, 3.6, 9.4, 9. l 1
definition of .................... 2 ................... 1.10
ENGINEER as initial interpreter of ................. '9.11
ENGINEER as OWNER's r~pr~sentative ............ 9.1
general ................................................ 3
Insurance .......................... : ................. 5.3
Intent .......................... 2 ..... '.: ..........3. I-3.4
minor variations in the Work ............ :.... ........ 3.6
OWNER's responsibility to furnish dam.... 2 .... ; .....8.3
OWNER's responsibility to make
prompt payment ....................... 8.3, 14.4, 14.13
precedence .................................... 3.1, 3.3.3
Record Documents .................................6.19
Reference to Standards and Slmcifications
of T~chnical Societies .............................. 3.3
Related Work ........................................ 7.2
Reporting and Resolving Discrepancies.. ..........2.5, 3.3
Reuse of ............................................. 3.7
Supplementing .................. ~ .............. ~ .....3.6
Termination of ENGINEER's Employment ........... 8.2
Unit Price Work .................................... 11.9
variations .......................... : ......3.6, 6.23, 6.27
Visits to Site, ENGINEER's ......................... 9.2
Contract Price--
adjustment of ................ 3.5, 4.1, 9.4, 10.3, 11.2-11.3
Change of ............................................ I'I
Decision on Disputes ............................... 9. I I
definition of I. I1
Contract Times--
adjustment of ...................... 3.$, 4.1, 9.4, 10.3, 12
Change of ...................................... 12.1-12.4
Article or Paragraph
Number
Commencement of ................................... 2.3
definition of ......................................... 1.12
CONTRACTOR--
Acceptance of Insurance ............................ 5.14
Limited Reliance on Technical Data Authorized ..... 4.2.2
Communications ............................... 6.2, 6.9.2
Continue Work ................................ 6.29, 10.4
coordination and scheduling ......................... 6.9.2
definition of .................... ~ ........' ...........1.13
May Stop Work or Terminate ....................... 15.5
provide site access to others .................... 7.2, 13.2
Safety and Protection ....... 4.3.1.2, 6.16, 6.18, 6.21-6.23,
7.2, 13.2
Shop Drawing and Sample Review Prior to Submittal . 6.25
Stop Work requirements ........................... 4.5.2
CONTRACTOR's--
Compensation ..................................11.1-I 1.2
Continuing Obligation .............................. 14.15
Defective Work .......................... 9.6, 13.1~-13.14
Duty to correct defective Work ..................... 13.11
Duty to Report--
Changes in the Work caused by
Emergency ....................................... 6.23
Defects in Work of Others ......................... 7.3
Differing conditions .............................. 4.2.3
Discrepancy in Documents ........... 2.5, 3.3.2, 6.14.2
Underground Facilities not indicated .............. 4.3.2
Emergencies ........................................ 6.~
Equipment and Machinery Rental, Cost
of the Work .......................... : ........ 11.4.5.3
Fee--Cost-Plus ..................... 11.4.5.6, 11.5. I, 11.6
General Warranty and Guarantee .................... 6.30
Hazard Communication Programs ......... ' ..........6.9_2
Indemnification ....................... 6.12, 6.16, 6.31-6.33
Inspection of the Work ......................... 7.3, 13.4,
Labor, Materials and Equipment'. ......... : .......6.3-6.5
Laws and Regulations, Compliance by ............. .6.14.1
Liability Insurance ...................................5.4
Notice of Intent to Appeal ............ : ........9.10, 10.4
obligation to perform and complete the Work ........ 6.30
Patent Fees and Royalties, paid for by ............... 6.12
Performance and Other Bonds ........................ 5. !
Permits. obtained and paid for by .................... 6.13
Progress Schedule ..... 2.6, 2.8, 2.9, 6.6, 6.29, 10.4, 15.2.1
Request for formal decision on disputes ............. 9. ! 1
"Responsibilities--
Changes in the Work .............................. I0.1
Concerning Subcontractors, Suppliers and Others. 6.8-
6.11
Continuing the Work ........................ 6.29, 10.4
CONTRACTOR's expense ....................... 6.7. I
CONTRACTOR's General Warranty and Guaran-
tee ............................................... 6.30
CONTRAC'I~R's review prior to Shop Drawingor Sam-
ple submittal ...................................... 6.25
Coordination of' Work .............. ~ ............... 6.9.2
Emergencies ..................................... 6.23
ENGINEER's evaluation, Substitutes
or "Or-Equal" Items .......................... 6.7.3
Article or Paragraph
Number
For Acts and Omissions of Others ..... 6.9. I-6.9.2, 9.13
for deductible amounts, insurance .................. 5.9
general ................................. 6, 7.2, 7.3, 8.9
Hazardous Communication Programs ............. 6.22
Indemnification .............................. 6.31-6.33
Labor, Materials and Equipment ................ 6.3-6.5
Laws and Regulations ............................ 6.14
Liability Insurance ..................................5.4
Notice of variation from Contract Documents ..... 6._-'r7
Patent Fees and Royalties ......................... 6.12
Permits ........................................... 6.13
Progress Schedule ................................. 6.6
Record Documents ............................... 6.19
related Work performed prior to ENGINEER's
approval of required submittals ................. 6.28
safe structural loading ............................ 6.18
Safety and Protection ........... '.' v' :" 6.20, 7.2, 13.2
Safety Representative .................. . ...........
Scheduling the Work ................... . .........6.9.2
Shop Drawings and Samples ...................... 6.24
Shop Drawings and Samples Review
by ENGINEER ................................ 6.26
Site Cleanliness ................................... 6.17
Submittal Procedures ............................. 6.25
Substitute Construction Methods and
Procedures ..................................... 6.7.2
Substitutes and "Or-Equal" Items ....... '. ........ 6.7. l
Superintendence ....... : ..... ......................6.2
Supervision ............... · .......................... 6.1
Survival of Obligations ..... ; ...................... 6.34
Taxes ............................................. 6.15
Tests and Inspections ....... ;.: ............ ' ....... 13.5
To Report ' ' 2.5
Use of Premises .................... 6.16-6.18, 6.30.2.4
Review Prior to Shop Drawing or Sample Submittal .. 6.9--5
Right to adjustment for changes in the'Work ......... 10.2
right to claim .. 4, 7.1, 9.4, 9.5, 9.11, 10.2, !1.2, 11.9, 12.1,
13.9, 14.8, 15.1, 15.5, 17.3
Safety and Protection ................. 6.20-6.2.2.; 7.2, 13.2
Safety Representative ............................... 6.21
Shop Drawings and Samples Submittals .... : ....6.24-6.28
Special Consultants ............................... ! 1.4.4
Substitute Construction Methods and Procedures ..... 6.7
Substitutes and "Or-Equal" Items, Expense .. 6.7.1,6.7.2
Subcontractors, Suppliers and Others ....... ..... 6.8-6.1 l
Supervision and Superintendence .......... : 6.1, 6.2, 6.21
Taxes, Payment by .................................. 6.15
Use of Premises ................................ 6.16-6.18
Warranties and guarantees ...................... 6.30, 6.5
Warranty of Title ................................... 14.3
Written Notice Required--
CONTRACTOR stop Work Or terminate .... ;.', .... 15.5
Reports of Differing Subsurface and Physical Condi-
tions ............................................. 4.2.3
Substantial Completion .................. · ......... 14.8
CONTRACTORS--other ... ~ ................... ~ ......... 7
Contractual Liability Insurance ................. ~ ....5.4.10'
Contractual Time Limits ............................... 12.2
Coordination
Article or Paragraph
Number
CONTRACTOR's responsibility .................... 6.9.2
Copies of Documents .................................. 2.2
Correction Period .................................... 13.12
Correction, Removal or Acceptanc~ of
Defective Work
in general ............................. 10.4.1, 13.10-13.14
Acceptance of Defective Work ..................... 13.13
Correction or Removal of Defective Work ..... 6.30, 13. I I
Correction Period .................................. 13.12
OWNER May C~orrect Defective Work ............. 13.14
OWNER May Stop Work .......................... 13.10
Cost~
of Tests and Inspections ............................. 13.4
Records ............................................ 11.7
Cost of the Work--
Bonds and insurance, additional ................. II.4.5.9
Cash Discounts ................................... I 1.4.2
CONTRACTOR's Fee .............................. !1.6
Employee Expenses ............................. i 1.4.5. I
Exclusions to ....................................... ! 1.5
General ........................................ ! 1.4-11.5
Home office and overhead expenses ................. I 1.5
Losses and damages ............................. 11.4.5.6
Materials and equipment .......................... 11.4.2
Minor expenses '. ................................ ! 1.4.5.8
Payroll costs on changes .......................... 11.4.1
performed by Subcontractors ...................... II .4.3
Records .. ............................ ' ............... 11.7
Rentals of construction equipment and machinery. I 1.4.5.3
Royalty payments, perm/ts and license fees ..,... II.4.5.5
Site office and temporary facilities ............... I 1.4.5.2
Special Consultants, CONTRACTOR's .......... .. 11.4.4
Supplemental ..................................... I 1.4.$
Taxes related to the Work ....................... 11.4.5.4
Tests and Inspection ................................ 13.4
Trade Discounts .................................. 11.'4.2
Utilities, fuel and sanitary facilities ............... 11.4.5.7
Work after regular hours ..... . ..................... 11.4. l
Covering Work ................................... 13.6-13.7
Cumulative Remedies ............................. 17.4.17.5
Cutting, fitting and patching ............... 2; ........... 7.2
Data, to be furnished by OWNER ......................8.3
Day--definition of ................................... 17.2.2
Decisions on Disputes ........................... 9.1 l, 9.12
defective--definition of ................................ 1.14
defective Work--
Acceptance of .............................. 10.4.1, 13.13
Correction or Removal of ................... 10.4.1, 13.11
Correction Period .................................. 13.12
in general ................................. 13, 14.7, 14.11
Observation by ENGINEER ......................... 9.2
OWNER May Stop Work .......................... 13.10
Prompt Notice of Defects ........................... 13.1
Rejecting ............................................ 9.6
Uncovering the Work ............................... 13.8
Definitions ............................................... 1
Delays ................................. 4.1, 6.29, 12.3-12.4
Delivery of Bonds ...................................... 2. I
Delivery of certificates of insurance ..................... 2.7
Article or Paragraph
Number
Determinations for Unit Prices ........................ 9.10
Differing Subsurface or
Physical Cot/ditions
Notice of .......................................... 4.2.3
ENGINEER's Review ............................. 4.2.4
Possible Contract Documents Change ............... 4.2.5
Possible Price and Times Adjustments ..............4.2.6
Discrepancies-Reporting and Resolving .... 2.5, 3.3.2, 6.14.2
Dispute Resolution--
Agreement ..................................... 16.1-16.6
Arbitration ..................................... 16.1-16.5
general ............................................... 16
Mediation .......................................... 16.6
Dispute Resolution Agreement .................... 16.1-16.6
Disputes, Decisions by ENGINEER .............. 9.11-9.12
Documents--
Copies of ............................................ 2.2
Record ............................................. 6.19
Reuse of ............................................. 3.7
Drawings--definition of ............................... !. 15
Easements ................................. . ............. 4.1.
Effective date of Agreement---definition of ' 1.16
Emergencies ......................... - ................. 6.23
ENGINEER--
as initial interpreter on disputes ................. 9.11-9.12
definition of I. 17
Limitations on authority and
responsibilities ................................. 9.13
Replacement of · 8.2
Resident Project Representative ...................... 9.3'
ENGINEER's Consultant--definition of ............... 1.18
ENGINEER's-~
authority and responsibility, limitations On ' ... 9.13
.Authorized Variations in the Work ..................... 9.5
Change Orders, responsibility for .......... 9.7, I0, 11, 12
Clarifications and Interpretations ............... 3.6.3, 9.4
Decisions on Disputes .......................... 9.11-9.12
defective Work, notice of ........................... 13. !
Evaluation of Substitute Items ...................... 6.7.3
Liability .6.32, 9.12
Notice Work is Acceptable .........................14.13
Observations ................................. 6.30.2, 9.2
OWNER's Representative ........................... 9.1
Payments to the CO ,NTRACII2}R,
Responsibility for .............................. 9.9, 14
Recommendation of Payment 14.4, 14.13
Responsibilities---
Limitations on ........................ .I ...... 9.11-9.13
Review of Reports on Differing Subsurface
and Physical Conditions ................. ~ ........4.2.4
Shop Drawings and Samples, review
responsibility ..................................... 6.26
Status During Construction--
authorized variations in the Work .................. 9.5
Clarifications and Interpretations ................... 9.4
Decisions on Disputes ................ ' .... · .... 9.11-9.12
Determinations on Unit Price ..................... 9.10
ENGINEER a~ Initial Interpreter ............. 9.11-9,12
ENGINEER:s Responsibilities ................ 9.1-9.12
Article or Paragraph
Number
Limitations on ENGINEER's Authority and
Responsibilities ................................... 9.13
OWNER's Representative .......... ' ........ : ...... 9.1
Project Representative .... .......................... 9.3
Rejecting Defective Work ......... ' ................. 9.6
Shop Drawings, Change .Orders and
Payments .................................... 9.7-9.9
Visits to Site ...................................... 9.2
Unit Price Determinations .............. L ........... 9. I0
Visits to .Site ......................................... 9.2
Written consent required ................. j .......7.2, 9. I
Equipment, Labor, Materials and ................... 6.3-6.5
Equipment rental, Cost of the Work ................ I 1.4.5.3
Equivalent Materials and Equipment ..................... 6.7
Errors or omissions ................................... 6.33
Evidence of Financial Arrangements ................... 8. I 1
Explorations of physical conditions ................... 4.2.1
· F~, CONTRACTOR's--Costs-Plus ................... 11.6
Field Order--
definition of ........................................ 1.19
issued by ENGINEER ........ '..... .............3.6.1, 9.5
Final Application for Payment ........................ 14.12
Final Inspection ....................... ......... ~ ......14.11
Final Payment--
and Acceptance .............................. 14. I3-14.14
Prior to, for cash allowances ........................ ! 1.8
General Provisions ............. ' ..... ~ ............ 17.3-17.4
Gene~l Requirements---
defintion of .......................... ' ...... .........1.20
principal references to .............. 2.6, 6.4, 6.6-6.7, 6.24
Giving Notice ............................ ~ ............. 17.1
Guarantee of Work---by
CONTRACTOR .............................. 6.30, 14.12
Ha?ard Communication Programs ..................... 6.22
Ha?ardous Waste--
definition of ......................... ............... 1.21
general .............................................. 4.5
OWNER's responsibility for ........................ 8.10
Indemnificaticin., ....................... 6.12, 6.16, 6.31-6.33
Initially Acceptable Sc.hedu[es ........... ~. ............... 2.9
Inspection--
Certificates of ........ ................. 9.13.4, 13.5, 14.12
Final ................... ; ................... . ....... 14.11
SPeCial, required by ENGINEER .................... 9.6
Tests and Approval ......................... 8.7, 13.3-I3.4
[nsuF-a.~tc¢~
^ccep~nce of, by OWNER ......................... 5.14
Additional, required by changes
in the Work ..... ; ........................... 11.4.5.9
Before starting the Work ............................. 2.7
Bonds and---in general ................................. 5
Cancellation Provisions .. .... ;.: ...................... 5.8
Certificates of .. 2.7, 5, 5.3, 5.4.11, 5.4.13,.5.6.5, '5.8, 5.14,
9.13.4, 14.12
completed operations ................. : ............ $.4.13
CONTRACTOR's Liability .; .............. ' ... 5.4
CONT1LACTOR's objection to coverage ............. 5.14
Contractual Liability .............................. 5.4.10
Article' or Paragraph
Number
deductible amount~, CONTRA~R's
respons~ility ............................... : ....5.9
Final Application for Payment ....................... 14.12
Licensed Insurers .................................... 5.3
Notice requirements, material
changes .................................. 5.8, 10-50
Option to Replace .............. . ..............~ .....5.14
other special insurances ....... · ...................... 5.10
OWNER as fiduciary for insureds .............. 5.12-5.13
OWNER's Liability .................. ~ ............... 5.5
OWNER's Responsibility ............................ 8.5
Partial Utilization, ProPerty Insurance ............... 5.15
Property ..................... ~ ...........'. ...... 5.6-5. ! 0
Receipt and Application of Insurance Proceeds .. 5.12-5.13
SPecial Insurance ................................... 5.10
Waiver o.f Rights ......................... '. ..........5.11
Intent of Contract Documents .... ................... 3.1-3.4
Interpretations and Clarifications ................. 3.6.3, 9.4
Investigations of physical conditions .................... 4.2
Labor, Materials and Equipment .................... 6.3-6.5
Lands-- · ·
and Easements ......... ...: ................:.. ~ .......8.4
Availability of ................... : ............... 4.1, 8.'4
Repo~s & Tests ........................... ~ ......... 8.4
Laws and Regulations--Laws or Regulations~ .
Bonds ............................................ 5. !-5.2
Changes in the Work ............. · .... ; .............. 10.4
Contract Documents .......................... : ...... 3.1
CON'ITL~CTOR's Responsibilities ...... ~ ............ 6.14
Correction Period, defective Work ................... 13.12
Cost of the Work, taxes'. ............ ' ........... 11.4.5.4
definition of ........................................ 1.22
general ................ ~ ...................... ~ ......6.14
Indemnification .............. :....' ............. 6.31.6.33
. Insurance ............................................ 5.3
Precedence .................. ' .................. 3. !, 3.3.3
Reference to ....................................... 3.3.1
Safety and Protection .......................... '6.20, 13.2
Subcontractors, Suppliers and Others ...... ' ...... 6.8-6. !1
Tests and Inspections ............................... 13.5
Use of Premises .............. ~ ..................... 6.16
Visits to Site ......................................... 9.2
Liability Insurance--
CONTRACTOR's .................................... 5.4
OWNER's ........................................... 5.5
Licensed Sureties and Insurers ......................... 5.3
Liens-- '.
Application for Progress Payment ................... 14.7.
Contractor's Warranty of Title ....................... 14.3
Final Application for Payment ...................... 14.12
definition of ......................... : .............. 1.23
Waiver of Claims .................. : ..; ............ 14. IS
Limitations on ENGINEER's authority and
responsibilities ............................ : ........ 9.13
Limited Reliance by CONTRACTOR Authorized ...... 4.2.2
Maintenance and Operating Manuals--,
Final Application for Payment ...................... 14.12
Manuals (of others)--
Precedence ....................................... 3.3.3.1
ArtiCle or Paragraph
Number
Reference to in Contract Documents ................ 3.3.1
Materials and equipment--
furnished by CONTRAC'I~R ........................ 6.3
not incorporated in Work ............................ 14.2
Materials or equipment--equivalent ..................... 6.7
Mediation (Optional) .................................. 16.7
Milestones---definition of .............................. i.24
Miscellaneous---
Computation of Times .............................. 17,2
Cumulative Remedies ............................... 17.4
Giving Notice ....................................... 17.1
Notice of' Claim ..................................... 17.3
Professional Fees and Court Costs Included .......... 17.5
Mu[ti-prime contracts .................................... 7
Not Shown or Indicated .............................. 4.3.2
Notice of--
Acceptabitity of ProJect ............................ 14.13
Award, definition of ................................. 1.25
Claim .............................................. 17.3
Defects ............................................. 13.1
Differing Subsurface or Physical Conditions .......... 4.2.3
Giving .............................................. 17. I
Tests and Inspections .................... : ..........13.3
Variation, Shop Drawing and Sample ................ 6.27
Notice to Proceedm
definition of. ........................................ 1.26
giving of ............................................. 2.3
Notification to Surety ................................. 10.5
'Observations, by ENGINEER .... : ............... 6.30, 9.2
Occupancy of the-Work .......... ...... 5.15, 6.30.2.4, 14. I0
Omissions or acts by CONTRA~OR ............. 6.9, 9.13
"Open periI" policy form, Insurance ................... 5.6.2
Option to Rep[ace ..................................... 5.14
"Or Equal" Items ...................................... 6.7
Other work .............................................. 7
Overtime Work--prohibition of ......................... 6.3
OWNER--
Acceptance of defective Work ...... '. ............... 13.13
appoint an ENGINEER .............................. 8.2
as fiduciary .................................... 5.12-5.13
Availability of Lands, respons~ility .............. : .... 4.1
definition of ........................................ 1.27
data, furnish .................. : ...................... 8.3
May Correct Defective Work ....................... 13.14
May refuse to make payment .............. ; ......... 14.7
May Stop the Work ................................ 13.10
may suspend work,
terminate ....................... 8.8, 13.10, 15.1-15.4
Payment, make prompt ................... 8.3, 14.4, 14.13
performance of' other Work ................ . ..........7.1
permits and licenses; requirements .................. 6.1~
purchased insurance requirements ............... 5.6-5.10
OWNER's--
Acceptance of the Work ......................... 6.30.2.5
Change Orders, obligation to
execute ....... .' ............................ 8.6, 10.4
Communications ..................................... 8.1
Coordination of the Work ............................ 7.4
Disputes, request for decision ....................... 9. i I
Article or Paragraph
Number
Inspections, tests and approvals .................8.7, 13.4
Liability Insurance ................................... 5.5
Notice of Defects ................................... 13.1
Representative--During Construction,
ENGINEER's Status ............................ 9. !
Responsibilities~
Asbestos, PCB's, Petroleum, Hu~ous
Waste on Radioactive Material .................. 8.10
Change Orders ....................................8.6
Changes in the Work ..............................I0.1
communications ...................................8.1
CONTRACTOR's responsibilities .................. 8.9
evidence of financial arrangements ................ 8. I 1
inspections, tests and approvals .................... 8.7
Insurance ......................................... 8.5
lands and easements ............................... 8.4
prompt payment by ................................8.3
replacement of' ENGINEER ....................... 8.2
reports and tests ..' ................................. 8.4
stop or suspend Work .................. 8.8, 13.10, 15.1
terminate CONTRACTOR's seC'vices .......... 8.8, 15.2
separate representative at site ........ ' ................ 9.3-
independent testing ................................. 13.4
use or occupancy of the
Work ....... · .... ~ ........................ 5.15, 14.10
written consent or approval
required ........................ .' ...... 9. i, 6.3, 11.4
written notice
required .......... 7.1, 9.4, 9.11, 11.2, 11.9, 14.7, 15.4
PCBs---
definition of .......... - .... '. ..............~ .......... !.29
general ............................................... 4.5
OWNER's responsibility for .: ...................... 8.10
Partial Utilimtion--
definition of' ........................................ 1.28
gener~ ................................... 6.30.2.4, 14. I0
Proper~y Insurance ................................. 5.15
Patent Fees and Royalties ............. · ................ 6.12
Payment Bonds ................. ' .................... 5.1-5.2
Payments, Recommendation of ............. 14.4.-14.7, 14.13
Payments to CONTRACTOR and Completion---.
Application for Progress Payments .................. 14.2
CONTRAC"I~R's Warranty of'Title ................ ; 14.3
Final Application for Payment ...................... 14.12
Final Inspection ................................... 14.11
Final Payment and Acceptance '. .............. 14.13-14.14
general . .' ......................................... 8.3, 14
Partial Utilization .................................. 14.10
Retainage ........................................... 14.2
Review or' Applications for Progress
Payments .................................. I~t.4-14.7
prompt payment ..................................... 8.3
Schedule or' Values .................................. 14. I
Substantial Completion ......................... 14.8-14.9.
Waiver of Claims ..................... r ............. 14. I5
when payments due .......................... 14.4, 14.13
withholding payment ................................ 14.7
Performance Bonds ................................. 5.1-5.2
Permits ..... ~ ......................................... 6.13
Article or Paragraph
Number
Petroleum--
definition of ........................................ 1.30
general .............................................. 4.5
OWNER's responsibility for ........................ 8.10
Physical Conditions---
Drawings of, in or relating to ..................... 4.2.1.2
ENGINEER's review .............................. 4.2.4
existing structures .................................. 4.2.2
general ........................................... 4.2.1.2
Subsurface and ....................................... 4.2
Underground Facilities ............................... 4.3
Possible Contract Documents Change ............... 4.2.5
Possible Price and Times Adjustments .............. 4.2.6
Reports and Drawings .............................. 4.2.1
Notice of Differing Subsurface or, .................. 4.2.3
Subsurface and ...................................... 4.2
Subsurface Conditions ............................ 4,2.1.1
Technical Data. Limited Reliance by
CONTRACTOR Authorized .................... 4.2.2
Underground Facilities--
general .......................................... 4.3
Not Shown or Indicated ....................... 4.3.2
Protection of ............................... 4.3, 6.20
Shown or Indicated ............................ 4.3. !
Technical Data ..................................... 4.2.2
Preconstruction Conference ............................ 2.8
Preliminary Matters ......................................2
Preliminary Schedules ...... ............................ 2.6
Premises, Use of ................................. 6.16-6.18
Price, Change of Contract .- .............. ~ ............... I 1
Pr/ce, Contract--definition of .......................... I.I !
Progress Payment, Applications for .................... 14.2
Progress paymcnt--retainagc .......................... 14.2
Progress schedule, CONTRACTOR's ..... 2.6, 2.8, 2.9, 6.6,
6.29, 10.4', 15.2.1
Project~efinition of .................................. 1.31
Project Representative--
ENGINEER's Status During Construction ............9.3
Project Representative, Resident
--definition of ...................................... !.33
pr'6mpt payment by OWNER ........................... 8.3
Property Insurance
Additional ........................................... 5.7
general ..........................................5.6-5.10
Partial Utilization ........................... 5.15, 14.10.2
receipt and application of
proceeds ..................................5.12-5.13
Protection, Safety and ....................... 6.20-6.21, 13.2
Punch Iist ............................................ 14.11
Radioactive Material--
definition ........................................... 1.32
general .............................................. 4.5
OWNER's responsibility for ........................ 8.10
Recommendation of Payment .............. 14.4, 14.5, 14.13
Record Documents ............................. 6.19, 14.12
Records, procedures for maintaining .................... 2.8
Reference Points ....................................... 4.4
Reference to Standards and Specifications
of Technical Societies ................................ 3.3
Article or Paragraph
Number
Regulations, Laws and (or) ............................ 6.14
Rejecting Defective Work ............................... 9.6
Related Work--
at Site ........................................... 7.1-7.3
Performed prior to Shop Drawings
and Samples submittals review .................. 6.28
Remedies, cumulative ............................ 17.4, 17.5
Removal or Correction of
Defective Work .................................... 13.1 !
rental agreements, O%2qER approval
required ...................................... 11.4.5.3
replacement of ENGINEER, by OWNER .............. 8.2
Reporting and Resolving Discrepancies .... 2.5, :~.3.2, 6.14.2
Reports--
and Drawings ...................................... 4.2.1
and Tests, O~v3N'ER's responsibility .................. 8.4
Resident Project Representative--
definition of ........................................ !.33
provision for ......................... · ................ 9.3
Resident Superintendent, CONTRACTOR's ............. 6.2
Responsibilities--
CONTRACTOR's-in general .......................... : 6
ENGINEER's-in general ............................... 9
Limitations on .... ................................ 9.13
OWNER's-in general .................................. 8
Retainage ............................................. 14.2
Reuse of Documents ................................... :3.7
Review by CONTRACTOR: Shop Drawings
and Samples Prior to Submittal ...................... 6.25
Review of Applications for Progress
Payments ' ' 14.4-14.7
Right to an adjustment ............... ; ................ 10.2
Rights of Way .......................................... 4. !
Royalties, Patent Fees and ............................. 6.12
Safe Structural Loading ............................... 6.18
Safety-- .
and Protection ....... 4.3.2, 6.16, 6.18, 6.20-6.21, 7.2, 13.2
general ........................................ 6.20-6.23
Representat/ve, CONTRACTOR's ................... 6.21
Samples--
definition of ........................................ 1.34
general ........................................ 6.24-6.28
Review by CONTRACTOR ......................... 6.25
Review by ENGINEER ....................... 6.26, 6.27
related Work ............ ' ............................ 6.28
submittal of ....................................... 6.24.2
submittal procedures ................................ 6.25
Schedule of progress ..... 2.6, 2.8-2.9, 6.6, 6.29, 10.4, 15.2.1
Schedule of Shop Drawing and Sample
Submittals ..... ' .................. 2.6, 2.8-2.9, 6.24-6.28
Schedule of Values ........................ 2.6, 2.8-2.9, 14.1
Schedules---
Adherence to ... ................................... 15.2.1
Adjusting ............................................ 6.6
Change of Contract Times ................ ; ......... 10.4
Initially Acceptable ...... : ........................ 2.8-2.9
Preliminary ..................................... 2 .... 2.6
Scope of Changes ' 10.3-10.4
Subsurface Conditions .............................. 4.2.1.1
10
Article or Paragraph
Number
Shop Drawings~
and Samples, general ........................... 6.24-6.28
Change Orders & Applications for
Payments, and ............................... 9.7-9.9
definition of ........................................ 1.35
ENGINEER's approval of ......................... 3.6.2
ENGINEER's responsibility
for review ............................... 9.7, 6.24-6.28
related Work ........................................6.28
review procedures .............. ". .........2.8, 6.24-6.28
submittal required ................................. 6.24.1
Submittal Procedures ............................... 6.25
use to approve substitutions ........................ 6.7.3
Shown or Indicated ....................... ; ........... 4.3. I
Site Access ....................................... 7.2, 13.2
Site Cleanliness .................. . ..................... 6.17
Site, Visits to---
by ENGINEER ................................ 9.2, 13.2
by others ........................................... 13.2
"Special causes of loss" policy form, insurance ....... 5.6.2
Specifications--
definition of ........................................ 1.36
of Technical Societies, reference to ................. 3.3. !
precedence ........................................ 3.3.3
Standards and Specifications of Technical
Societies .......................................... 3.3
Starting Construction, Before ....................... 2.5-2.8
Starting the Work ...................................... 2.4
Stop or Suspend Work--
by CONTRACTOR ........................... : .....15.5
by OWNER ............................. 8.8, 13.10, 15.1
Storage of materials and equipment ................. 4. I, 7.2
Structural Loading, Safety ............................. 6.18
Subcontractor--
Concerning ...................................... 6.8-6. I I
definition of ........................................ 1.37
delays .............................................. 12.3
waiver of rights ..................................... 6.11
Subcontractors--in general ........................ 6.8-6. I I
Subcontracts--required provisions ........ 5.11, 6.11, 11.4.3
Submittals--
Applications for Payment ........................... 14.2
Maintenance and Operation Manuals ............... 14.12
Procedures ......................................... 6.25
Progress Schedules .............................. 2.6, 2.9
Samples ....................................... 6.24-6.28
Schedule of Values ........... . ..............;... 2.6, 14.1
Schedule of Shop Drawings and
Samples Submissions .... : ...............2.6, 2.8-2.9
Shop Drawings ................................. 6.24-6.28
Substantial Completion--
certification of ........................ 6.30.2.3, 14.8-14.9
definition of ........................................ !.38
Substitute Construction Methods or Procedures ....... 6.7.2
Substitutes and "Or Equal" Items ...................... 6.7
CONTRACTOR's Expense ....................... 6.7.1.3
ENGINEER's Evaluation .......................... 6.7.3
"Or-Equal". ....................................... 6.7.1
Substitute Construction Methods of Procedures '. .... 6.7.2
Article or Paragraph
Number
Substitute Items .................................. 6.7.1.2
Subsurface and Physical Condition~
Drawings of, in or relating to ..................... 4.2.1.2
ENGINEER's Review ............................. 4.2.4
general .............................................. 4.2
Limited Reliance by CONTRACTOR
Authorized .................................... 4.2.2
Notice of Differing Subsurface or -
Physical Conditions .............. : ................. 4.2.3
Physical Conditions ................................. 4.2.1.2
Possible Contract Documents Change ................. 4.2.5
Possible Price and Times Adjustments ................ 4.2.6
Reports and Drawings ................................ 4.2.1
Subsurface and ...................................... 4.2
Subsurface Conditions at the Site ................. 4.2. I. 1
Technical Data ..................................... 4.2.2
Supervision--
CONTRACTOR's responsibility ...................... 6. !
OWNER shall not supervise ......................... 8.9
ENGINEER shall not supervise ................ 9.2, .9.13.2
Superintendence ....................................... 6.2 '
Superintendent, CONTRACTOR's resident ........... 6.2
Supplemental costs .................................. I 1.4.5
Supplementary Conditions--
definition of ........................................ !.39
principal reference to .... 1.10, 1.18, 2.2, 2.7, 4.2, 4.3, 5.1,
5.3, 5.4, 5.6-5.9, 5.11, 6.8, 6.13, 7.4, 8.11, 9.3, 9.10
Supplementing Contract Documents .................... 3.6
Supplier-- · .
definition of ......................................... 1.40
principal references to .......... :. ......3.7, 6.5, 6.8-6.11,
6.20, 6.24, 9.13, 14.12
Waiver of Rights .................... ' ................ 6.11
Surety--
consent to final payment ..................... ,14.12,' 14.14
ENGINEER has no duty to ......................... 9.13
Notification of ........................... 10. I, 10.5, 15.2
qualification of ...................................5. I-5.3
Survival of Obligations ................................ 6.34
Suspend Work, OWNER May .................. 13.10, 15.1
Suspension of Work and Termination-- .................. 15
CONTRACTOR May Stop Work or
Terminate ........................................ 15.5
OWNER May' Suspend Work ....................... 15.1
OWNER May Terminate ....................... 15.2-15.4
Taxes-Payment by CONTRACTOR .................... 6.15
Technical Data--
Limited Reliance by CONTR.AC'~R ............... 4.2.2
Possible Price and Times Adjustments .............. 4.2.6
Reports of Differing Subsurface and
Physical Conditions .............................. 4.2.3
Temporary construction fam'lities ........................ 4. !
TermMation---
by CONTRACTOR ...................... : .......... 15.5
by OWNER ............................... $.8, 15.1-15.4
of ENGINEER's employment ...... . ................. 8.2
Suspension of Work-in general ............... ; ........ 15
Terms and Adjectives .................................. 3.4
Tests and Inspections--
!1
Article or Paragraph
Number
Access to the Work, by others .............. ' ........13.2
CONTRACTOR's responsib~ities .................... 13.5
cost of .............................................. 13.4
covering Work prior to ......................... 13.6-13.7
Laws and Regulations (or) .......................... 13.5
Notice of Defects ................................... 13.1
OWNER May Stop Work .......................... 13.10
OWNER's independent testing ...................... 13.4
special, required by ENGINEER ..................... 9.6
timely notice required ............................... 13.4
Uncovering the Work, at ENGINEER's
request .................................... 13.8-13.9
Times--
Adjusting ............................................ 6.6
Change of Contract ................................... 12
Adjusting ............................................ 6.6
Computation of ..................................... 17.2
Contract Times--definition of ............ : ~ ......... 1.12
day ................................................ ! 7.72
Milestones ........................................... 12
Requirements--
appeals .......................................... 16
clarifications, claims and
disputes .............................. 9.11, 11.2, 12
commencement of contract times ................... 2.3
preconstruction conference ......................... 2.8
schedules ................................. 2.6, 2.9, 6.6
starting the Work .................................. 2.4
Title, Warranty of ..................................... 14.3
Uncovering Work ................................ 13.8-13.9
Underground Facilities, Physical Conditions--
definition of ........................................ 1.41
Not Shown or Indicated ............................. 4.3.2
protection of ................................... 4.3, 6.20
Shown or Indicated ................................ 4.3.1
Unit Price Work--
claims ............... : ............................ 1 !.9.3
definition of ........................................ !.42
general ............................. ' ..... !1.9, 14.1, 14.5
Unit Prices---
general ........................................... 11.3.1
Determination for ................................... 9.10
Use of Premises ........................ 6.16, 6.18, 6.30.2.4
Utility owners ...................... 6.13, 6.20, 7.1-7.3, 13.2
Article or Paragraph
Number
Utilization, Partial ............... 1.28, 5.15, 6.30, 2.4, I4.10
Value of the Work ..................................... ! 1.3
Values, Schedule of ....................... 2.6, 2.8-2.9, 14.1
Variations in Work--Minor
Authorized ................................ 6.25, 6.27, 9.5
Visits of Site--by ENGINEER ......................... 9.2
Waiver of Claims-on Final
Payment ........................................... 14.15
Waiver of Rights by insured parties ............... 5.11, 6.11
Warranty and Guarantee, General--by
CONTRACTOR .................................... 6.30
Warranty of Title, CONTRACTOR's ................... 14.3
Work--
Access to ........................ : .................. 13.2
by others .............................................. 7
Changes in the ....................................... 10
Continuing the ...................................... 6.29
CONTRAC'IOR May Stop Work
or Terminate ................................... 15.5
Coordination of ...................................... 7.4
Cost of the ..................................... 11.4-11.5
definition of .........................................!.43
neglected by CONTRACTOR ...................... 13.14
other Work ............................................7
OWNER May Stop Work .......................... 13.10
OWNER May Suspend Work '. ................ 13.10, 15.1
Related, Work at Site ............................. 7.1-7.3
Starting the .............................. ' ............ 2.4
Stopping by CONTRACTOR ........................ 15.5
Stopping by OWNER .......................... 15.1-15.4
Variation and deviation authorized,
minor ........................................... 3.6
Work Change Directive--
claims pursuant to .................................. 10.2
definition of ........................................ 1.44
principal references to .................... 3.5.3, 10.1-10.2
Written Amendment--
definition of ..................................... '... 1.45
principal references to ... 1.10, 3.5, 5.10, 5.12, 6.6.2, 6.8.2,
6.19, 10.1, 10.4, !1.2, 12.1, 13.12.2, 14.7.2
Written Clarifications and
Interpretations ........................... 3.6.3, 9.4, 9.11
Written Notice Required--
by CONTRACTOR ........ 7.1, 9.10-9.11, 10.4, ! !.2, 12.1
by OWNER .................... 9.10-9.11, 10.4, 11.2, 13.14
GENERAL CONDITIONS
ARTICLE I--DEFINITIONS
Wherever u~ed 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:
I. 1. AddandamWritten or graphic instruments issued prior
to the opening of Bids which clarify, correct or change the
Bidding Requirements or the Contract Documents.
1.2. Agreement--The written contract between OWNER
and CONTRAC'I~R covering the Work to be performed; other
Contract Documents are attached to the Agreement and made
a part thereof aa provided therein.
1.3. Application for Payment--The form accepted by EN.
GINEER which is to be used by CONTRACTOR in requesting
progress or final payments and which is to be accompanied by
such supporting documentation as is required by the Contract
Documents.
1.4. Asbestos--Any material that contains more than one
percent asbestos and is friable or is releasing asbestos fibers
into the air above current action levels established by the
United States Occupational Safety and Health Administration.
1.5. Bid--The Offer or proposal of the bidder submitted on
the prescribed form setting forth the prices for the Work to be
performed.
1.6. Bidding Documents--The advertisement or invitation
to Bid, instructions to bidders, the Bid form, and the proposed
Contract Documents (including all Addenda issued prior to
receipt of Bids).
1.7. Bidding Requirements--The advertisement or invita-
tion to Bid, instructions to bidders, and the Bid form.
1.8. Bonds--l%rformance and Payment bonds and other
instruments of sectwity.
1.9. Change Order--A document recommended by ENGI-
NEER, which is signed by CONTRACTOR and OWNER and
authorizes an addition, deletion or r~vision in the Work, or an
adjustment in the Contract Price or the Contract Times, issued
on or alter the Effective Date of the Agreement.
1.10. Contract Documents--The Agreement, Addenda
(which pertain 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 aa an exhibit to the Agreement, the.
Notice to Proceed, the Bonds, these General Conditions, the
Supplementary Conditions, the Specifications and the Draw-
ings-as the same are more specifically identified in the 'Agree-
13
ment, together with all Written Amendments, Change Orders,
Work Change Directives, Field Orders and ENGINEER's
written interpretations and clarifications issued pursuant to
paragraphs 3.5, 3.6. I, and 3.6.3 on or aRer the Effective Date
of the Agreement. Shop Drawing submittals approved pursu-
ant to paragraphs 6.26 and 6.27 and the repons and drawings
referred to in paragraphs 4.2. I. I and 4.2.2.2 are not Contract
Documents.
i. I I. Contract Price--The moneys payable by OWNER to
CONTRAC'DDR for completion of the Work in accordance
with the Contract Documents as stated in the Agreement
(subject to the provisions of paragraph 11.9. I in the case of
Unit Price Work).
1.12. Contract T~mes--The numbers of days or the dates
stated in the Agreement: (i) to achieve Substantial Completion,
and (iD to complete the Work so that it is ready for final
payment as evidenced by ENGINEER's written recommends- .
tion of final payment in accordance with paragraph 14.13~
1.13. CONTRACTOR--The person, firm or. corporation'
with whom OWNER has entered into the Agreement.
1.14. de£ective--An adjective which when modifying the
word Work refers to Work that is unsatisfactory, faulty or
deficient, in that it does not conform to the Contract Docu-
ments, or does not meet the requirements of any inspection,
reference standard, test or approval referred to in the
Contract Documents, or has been damaged.prior to-ENGI-
NEER's recommendation of final payment (unless responsi-
bility for the protection thereof has been assumed by OWNER
at Substantial Completion in accordance with paragraph 14.8
or 14.10).
1,15. Drawings--The drawings which show the scope,
extent and character of the Work to be furnished and per-
formed by CONTRACTOR and which have been prepared or
approved by ENGINEER and are referred to in the Contract
Documents. Shop drawings are not Drawings aa so defined.
1.16. 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.
1.17. ENGINEER--The person, firm or corporation named
as such in the Agreement.
1.18. ENGINEER's Consultant--A person, firm or corpo-
ration having a contract with ENGINEER to furnish services
as ENGINEER's independent professional associate or con-
sultant with respect to the Project and who is identified aa such
in the Supplementary Conditions.
I. 19. Field Order--A written ordei' issued by ENGINEER
which orders minor changes in the Work in accordance with
paragraph 9.5 but which does not involve a change in the
Contract Price or the Contract Times.
1.20. General Requirements---Sections of Division I °fthe
Specifications.
1.21. Hazardous Waste--The term Hs?nrdous Waqte shall
have the meaning provided in Section 1004 of the Solid Waste
Disposal Act (42 USC Section 6903) as amended from time to
time.
1.22. Laws and Regulations; Laws or Regulations--Any
and all applicable laws, rules, regulations,.ordinances, codes
and orders of any and all governmental bodies, agencies,
authorities and courts having jurisdiction.
1.23. Liens-~.Liens, charges, security interests or encum-
brances upon real property or personal property.
1.24. Milestone--A principal event specified in the Con-
tract Documents relating to an intermediate completion date or
time prior to Substantial Completion of all the Work.
1.25. Notice of Award--The written notice by OWNER to
the apparent 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.
1.26. Notice to Proceed--A written noticegiven by OWNER
to CONTRACTOR (with a copy to ENGINEER) fixing the
date on which the Contract Times will commence to run and on
which CONTRACTOR shall start to perform CONTRAC-
TOR's obligations under the Contract Documents.
1.27. OWNER--The public body or authority, corpora-
tion, association, firm or person with whom CONTRACTOR
has entered into the Agreement and for whom the Workis to be
provided.
1.28. Part,al Utilization--Use by OWNER of a substan-
tially completed pm ot: the Work for the purpose for which it is
intended (or a related purpose) prior to Substantial Completion
of ali the Work.
1.29. PCBsmPolychlofinated biphenyls.
!.30. Petroleum--Petroleum, including crude oil or any
fraction thereof which is liquid at standard conditions of
temperature and pressure (60 degrees Fahrenheit and 14.7
pounds per square inch absolute), such as oil, petroleum, fuel
oil, oH sludge, oil refuse, gasoline, kerosene, and oil mixed with
other non-Hazardous Wastes and crude oils.
1.31. ProjectmThe total construction ofwhich the Work to
be provided under the Contract Documents may be the whole,
or a part as indicated elsewhere in the Contract Documents.
1.32. Radioactive Material--Source, special nuclear, or
byproduct material as defined by the Atomic Energy Act of
1954 (42 USC Section 2.011- et seq.) as amended from time to
time.
1.33. Resident Project Representative-- The authorized
representative of ENGINEER who may be assigned to the site
or any part thereof.
1.34. Samples--Physical examples &materials, equipment,
or workmanship that are representative of some portion of the
Work and which establish the standards by which such portion
of the Work will be judged.
!.35. Shop Drawings--All drawings, diat~mms, illustra-
tions, schedules and other data or information which are
specifically prepared or assembled by or for CONTRACTOR
and submitted by CONTRACTOR to illustrate some porton of
the Work.
1.36. Specifications--Those portions of the Contract Doc-
uments consisting of written technical descriptions of materi-
als, equipment, construction systems, standards and workman-
ship as applied to the Work and certain administrative details
applicable thereto.
1.37. Subcontractor--An individual, firth, or corporation
having a direct contract with CONTRACTOR or with any
other Subcontractor for the performance of a part of the Work
at the site.
1.38. Substantial Cornpletion--The Work (or a specified
part thereof) has progressed to the point where, in the opinion
of ENGINEER as evidenced by ENGINEER's definitive
certificate of Substantial Completion, it is sufficiently com-
plete, in accordance with the Contract Documents, so that the
Work (or specified part) can be utilized for the purposes for
which it is intended; or if no such certificate is issued, when the
Work is complete and ready for final payment as evidenced by
ENGINEER's written recommendation of final payment in
accordance with paragraph 14.13. The terms "substantially
complete" and "substantially completed" as applied to all or
part of the Work refer to Substantial Completion thereof.
1.39. Supplementary Conditions--The part of the Contract
Documents which amends or supplements these General Con-
ditions.
1.40. Supplier--A manufacturer, fabricator, supplier, dis-
tributor, materialman or vendor having a direct contract with
CONTRACTOR or with any Subcontractor to furnish materi-
als or equipment to be incorporated in the Work by CON-
TRACTOR or any Subcontracton
1.41. UndergroundFact'lities--All pipelines, conduits, ducts,
cables, wires, manholes, vaults, tanks, tunnels or other such
facilities or attachments, and any encasements containing such
facilities which have been installed underground to furnish any
of the following services or materials: electricity, gases, steam,
liquid petroleum products, telephone or other communica-
tions, cable television, sewage and drainage removal, traffic or
other control systems or water.
1.42. Unit Price Work--Work to be paid for on the basis of
unit prices.
!.43. Work--The endre completed construction or the var-
ious separately identifiable parts thereof required to be fur-
nished under the Contract Documents. Work includes and is
the result of performing or furnishing labor and furnishing and
incorporating materials and equipment into the construction,
and performing or furnishing services and furnishing docu-
ments, all as required by the Contract Documents.
1.44. Work Change Directive--A written directive to CON-
TRAC'I~R, issued on or after the Effective Date of the
Agreement and signed by OWNER and recommended by
ENGINEER, ordering an addition, deletion or revision in the
Work, or responding to differing or unforeseen physical condi-
tions under which the Work is to be performed as provided in
paragraph 4.2 or 4.3 or to emergencies under paragraph 6.Z3. A
Work Change Directive will not change the Contract Price or
the Contract Times, but is evidence thai the parties expect that
the change directed or documented by a Work Change Direc-
tive will be incorporated in a subsequently issued Change
Order following negotiations by the parties aa to its effect: if
any, on the Contract Price or Contract Times aa provided in
pm-agraph 10.2.
1.45. Wrinen Arnendment--A written amendment of the
Contract Documents, signed by OWNER and CONTRACTOR
on or after the Effective Date of the Agreement and normally
dealing with the nonengineering or nontechnical rather than
strictly construction-related aspects of the Contract Docu-
ments.
ARTICLE 2--PRELIMINARY MATTERS
Delivery of Bonds:
2.1. When CONTRACTOR delivers the executed Agree-
ments to OWNER, CONTRAC'I~R 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 Supplementary Con-
didons) 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 Contrm:t Times; Notice to Proceed:
2.3. The Contract Times will commence to run on the thirti-
eth 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.
A Notice to Proceed may be given at any time within thirty day~ .
after the Effective Date of the Agreement. In no event will the
15
'i."
Contract Times commence to nm later than the sixtieth day after
the day of Bid opening or the thirtieth day after the Effective Date
of the Agreement, whichever date is earlier.
Starting the Work:
2.4. CON.TRACTOR shall start to perform the Work on the
date when the Contract Times commence to run, but no Work
shall be done at the site prior to the date on which the Contract
Times commence to run.
Before Starting Construction:
2.5. Before undertaking each pan of the Work, CON-
TRACTOR shall carefully study and compare the Contract
Documents and check and verify pertinent figures shown
thereon and all applicable field measurements. CONTRAC-
TOR shall promptly report in writing to ENGINEER any
conflict, error, ambiguity or discrepancy which CONTRAC-
TOR may discover and shall obtain a written interpretation or
clarification from ENGINEER before proceeding with any
Work affected thereby; however, CONTRACTOR shall not be
liable to OWNER or ENGINEER for failure to report any
conflict, error, ambiguity or discrepancy in the Contract Doc-
uments, unless CONTRACTOR knew or reasonably should
have known thereof.
2.6. Within ten days aRer the Effective Date of the Agree-
ment (unless otherwise specified in the General Requirements),
CONTtLa, CTOR shall submit to ENGINEER for review:
2.6.1. a preliminary progress schedule indicating the
times (numbers of days or dates) for starting and completing
the various stages of the Work, including any Milestones
specified in the Contract Documents;
2.6.2. a preliminary schedule of Shop Drawing and Sam-
ple submittals which will list each required submittal and the
times for submitting, reviewing and processing such submit-
tel;
2.6.3. a preliminary schedule of values for all of the
Work which will include quantifies and prices of items
aggregating the Contract Price and will subdivide the Work
into component parts in sufficient detail to serve as the basis
for progress payments during construction. Such prices will
include an appropriate amount of overhead and profit appli-
cable to each item of Work.
2.7. Before any Work at the site is started, CONTRAC'I~R
and OWNER shall each deliver to the other, with copies to
each additional insured identified in the Supplementary Condi-
tions, certificates of insurance (and other evidence of insurance
which either of them or any additiqnal insured may reasonably
request) which CONTRACTOR and OWNER respectively are
required to purchase and maintain in accordance with para-
ga~phs 5.4, 5.6 and 5.7.
Precon~truction Conference:
2.8. Within twenty days after the Contract Times start to
run, but before any Work at the site is started, a conference
attended by CONTRACTOR, ENGINEER and others as ap-
propriate will be held to establish a working understanding
among the par'des as to the Work and to discuss the schedules
referred to in pa~graph 2.6, procedures for handling Shop
Drawings and other submittals, processing Applications for
Payment and maintaining required records.
lnit~y Acceptable Sched~,l,s:
2.9. Unless otherwise provided in the Contract Docu-
ments, at least ten days before submission of.the first Applica-
t/on for Payment a conference attended by CONTRACTOR,
ENGINEER and others as appropriate will be held to review
for acceptability to ENGINEER as provided below the sched-
ules submitted in accordance with paragraph 2.6. CONTRAC-
TOR shall have an additional ten days to make corrections and
adjustments and to complete and resubmit the schedules. No
progress payment shall be made to CONTRACTOR until the
schedules are submitted to and acceptable to ENGINEER as
.provided below_The progress schedule will be acceptable to.
ENGINEER aa providing an orderly progression of the Work
to completion within any specified Milestones and the Contract'
· Times, but such acceptance will neither impose on ENGI-
NEER responsibility for the sequencing, scheduling or progress
of the Work nor interfere with or relieve CONTRACTOR from
CONTRACTOR's full responsibility therefor. CONTRACTOR's
schedule of Shop Drawing and Sample submissions will be
acceptable to ENGINEER as prdvid/ng a workable arrange-
ment for reviewing and processing the required submittals.
CONTRACTOR's schedule of values will be acceptable to
· ENGINEER as to form and substance.
.ARTICLE 3--CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE
3.1. The Contract Documents comprise the entire agree-
ment between OWNER and CONTRACTOR concerning the
Work. The Contract Documents are complementary; what is
called for by one is as binding as if called for by all. The
Contract Documents will be construed in accordance with the
law of the place of the Project.
3.2. It is the in~ent of the Contract Documents to describe
a functionally complete Project (or part thereof) to be con-
strutted in accordance with the Contract Documents. Any
Work, materials or equipment that may reasonably be inferred
from the Contract Documents or from prevailing custom or
trade usage as being required to produce the intended result
will be furnished and'performed whether or not specifically
called for. %'hen words or phrases which have a well- known
technical or construction indus'try or trade meaning are used to
de.~cribe Work, materials or equipment, such words or phrases
shall be interpreted in accordance with that meaning. Clarifi-
cations and interpretations of the Contract Documents shall be
issued by ENGINEER as provided in paragraph 9.4.
3.3. Reference to Standards and Specificatio~ of Techt,;c_M
Societies; Reporting and Resolving Discrepancies:
3.3. I. Reference to standards, specifications, manualS~or
codes of any technical society, organization or association,
or to the Laws or Regulations of'any governmental authority,
whether such reference be specific or by implication, shall
mean the latest standard, specification, manual, code or
Laws or Regulations 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 otI~erwise specifically stated in the
Contract Documents.
3.3.2. If, during the performance of the Work, CON-
TRACTOR discovers any conflict, error, ambiguity or dis-
crepancy within the Contract Documents or between the
Contract Documents and any provision of any such Law or
Regulation applicable to the performance of the Work or of
any such standard, specification, manual or code Or of any
instruction of any Supplier referred to in paragraph 6.5,
CONT1LA. CTOR shall report it to ENGINEER in writing at
once, and, CONTRACTOR shall not proceed with the Work
affected thereby (except in an emergency as authorized by
paragraph 6.23) until an amendment or supplement to the
Contract Documents has been issued by one of the methods
indicated in paragraph 3.5 or 3.6; provided, however, that
CONTRACTOR shall not be liable to OWNER or ENGI-
NEER for failure to report any such conflict, error, ambigu-
ity or discrepancy unless CONTRACTOR knew or reason-
ably should have known thereof.
3.3.3. Except as otherwise specifically stated in the
· Contract Documents or as may be provided by amendment
or supplement thereto issued by one of the methods indi-
cated in paragraph 3.5 or 3.6, the provisions of the Contract
Documents shall take precedence in resolving any conflict,
error, ambiguity or discrepancy between the provisions of
the Contract Documents and:
3.3.3.1. the provisions of any such standard, speci-
fication, manual, code or instruction (whether or not
specifically incorporated by reference in the Contract
Documents); or
3.3.3.2. the provisions of any such Laws or Regu-
lations applicable to the performance of the Work
(unless such an interpretation of the provisions of the
Contract Documents would result in violation of such
Law or Regulation).
No provision of any such standard, specification, manual,
code or instruction shall be effective to change the duties and
responsibilities of OWN ER, CONTRACTOR or ENGINEER,
or any of their subcontractors, consultants, agents, or em-
ployees from those set forth in the Contract Documents, nor
shall it be effective to assign to OWNER, ENGINEER or
any of ENGINEER's Consultants, agents or employees any
duty or authority to supervise or direct the furnishing or
performanc· of the Work or any duty or authority to under-
take responsibility inconsistent with the provisions of' para-
graph 9.13 or any other provision of the Contract Docu-
ment.
3.4. Whenever in the Contract' Documents the terms "as
ordered," "as directed," "as required," "as allowed," "as
approved" or terms of like effect or import are used, or the
adjectives "reasonable," "suitable," "acceptable," "proper"
or "satisfactory" Or adjectives of like effect or import are
used to describe a requi~'ement, direction, review or judg-
ment of ENGINEER as to the Work, it is intended that such
requirement, direction, review or judgment will be solely to
evaluate, in genera], the completed Work for compliance
with the requirements of and information in the Contract
Documents and conformance with the design concept of the
completed Project as a functioning whole as shown or
indicated in the Contract Documents (unless there is a
specific statement indicating otherwise). The use of any such
term or adjective shall not be effective to assign to ENGI-
NEER any duty or authority to supervise or direct the
furnishing or performance of the Work or any duty or
authority to undertake responsibility contrary to the provi-
sions of paragraph 9.13 or any other provision of the
Contract Documents.
Amtnding and Supplern~ntLng Contract Documents:
3.5. The Contract Documents may be mended to provide
for additions, deletions and revisions in the Work or to modify
'the terms amd conditions, thereof in one or more oft he following
ways:
3.5.1. a formal Written Amendment,
3.5.2. a Change Order (pursuant to paragraph 10.4), or
3.5.3. a Work Change Directive (pursuant to
pm-agraph 10.1).
3.6. In addition, the requirements of the Contract Docu-
ments may be supplemented, and rrdnor variations and devia-
tions in the Work may be authorized, in one or more of the
following ways:
3.6.1. a Field Order (pursuant to pm'agraph 9.5),
3.6.2. ENGINEER's approval of a Shop Drawing or
Sample (pursuant to paragraphs 6.26 and 6.27), or
3.6.3. ENGiNEER's written interpretation or clarifica-
tion (pursuant to paragraph 9.4).
Reuse of Document~:
3.7. CONTRACTOR, and any Subcontractor or Supplier
or other person or organization performing or furnishing any of
the Work under a direct or indirect contract with OWNER (i)
shall not have or acquire any title to or ownership rights in any
'i7
of the Drawings, Specifications or other documents (or copies
of any thereof) prepared by or bem'ing the sea] of ENGINEER
or ENGINEER's Consultant, and (ii) shall not reuse any of
such Drawings, Specifications, other documents or copies on
extensions of the Project or any other project without written
consent of OWNER and ENGINEER and specific written
verification or adaption by ENGINEER.
ARTICLE
A'VAILABILITY OF LANDS;
SUBSURFACE AND PHYSICAL
CONDITIONS; REFERENCE POINTS
Av,~h~bility of Lands:
4. I. OWNER shall furnish, as indicated in the Contract
Documents, the lands upon which the Work is to b~ performed,
fights-of-way and easements for access thereto, and such other.
lands which are designated for the use of CONTRACTOR.
Upon reasonable written request, OWNER shall furnish CON-
TRACTOR with a correct statement of record legal title and
legal description of the lands upon which the Work is to be
performed and. OWNER's interest therein as necessary for
giving notice of or filing a mechanic's lien against such lands in
accordance witl~ applicable Laws and Regulations. OWNER
shall identify any encumbrances or restrictions not of general
application but specifically related to ese of lands so furnished
with which CONTRAC'IX3R will have to comply in performing
the Work. Easements for permanent structures or permanent
changes in existing facilities will be obtained and paid for by
OWNER, unless otherw{se provided in the Contract Docu-
ments. If CONTRACTOR and OWNER ara unable to agree on
entitlement to or the amount or extent of any adjustments in the
Contract Price or the Contract Times as a result of any delay in
OWNER's furnishing these lands,' rights-of-way or easements,
CONTRACTOR may make a claim therefor as provided in
Articles I1 and 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.
4.2. Subsurface and Physical
4.2. I. Reports and Drawings: Reference is made to the
Supplementary Conditions for id~:ntification of:
4.2.1.1. Subsurface Conditions: Those reports of explo-
rations and tests of subsurface conditions at or contiguous to
the site that have been utilized by ENGINEER in preparing
the Contract Documents; and
4.2. i.2. Physical Conditions:Those drawings of physical
conditions in or relating to existing surface or subsurface
structures at or contiguous to the site (except Underground
Facilities) that have been udlized by ENGINEER in prepar-
ing the Contract Documents.
4.2.2. Lirnited Reliance by CONTRACTOR Authorized;
Technical Data: CONTRACTOR may rely upon the general
accuracy of the "technical data" contained in such reports and
drawings, but such reports and drawings are not Contract
Documents. Such "technical data" is identified in the Supple-
mentary Conditions. Except for such reliance on such "tech-
rdcal data," CONTRACTOR may not rely upon or make any
claim against OWNER, ENGINEER or any of ENGINEER's
Consultants with respect to:
4.2.2.1. the completeness of such reports and drawings
for CONTILA~R's purposes, including, but not limited
to, any aspects of the means, methods, techniques, se-
quences and procedures of construction to be employed by
CONTRACTOR and safety precautions and programs inci-
dent thereto, or
4.2.2.2. other data, interpretations, opinions and infor-
marion contained in such reports or shown or indicated in
such drawings, or
4.2.2.3. any CONTRACTOR interpretation of or conclu-
sion drawn from any "technical data" or any such data,
interpretations, opinions or information.
4.2.3. Notice of Differing Subsurface or Physical Condi-
tions: If CONTRACTOR believes that any subsurface or
physical condition at or contiguous to the site that is uncovered
or revealed either.
4.2.3.1. is of such a nature as to establish that any
"technical data" on which CONTRACTOR is entitled to
rely as provided in paragraphs 4.2.1 and 4.2.2 is materially
inaccurate, or
4.2.3.2. is of such a nature as to require a change in the
Contract Documents, or
4.2.3.3. differs materially from that shown or indicated in
the Contract Documents, or
4.2.3.4. is of an unusual nature, and differs materially
from conditions ordinarily encountered and generally recog-
nized as inherent in work of the character provided for in the
Contract Documents; then
coNTRAcTOR shall, promptly after becoming aware thereof
and before further disturbing conditions affected thereby or
performing any Work in connection therewith (except in an
emergency aa permitted by paragraph 6.23), notify OWNER
and ENGINEER in writing about such condition. CONTRAC-
TOR shall not further disturb such conditions or perform any
Work in connection therewith (except as aforesaid) until re-
ceipt of written order to do so.
4.2.4. ENGINEER's Review: ENGINEER will promptly
review the pertinent conditions, determine the necessity of
OWNER's obtaining additional exploration or tests with re-
sl~n:t thereto and advise OWNER in writing (with a copy to
CONTRACTOR) of ENGINEER's findings and conclusions.
4.2.5. Possible Contract Documents Change: If ENGI-
NEER concludes that a change in the Contract Documents is
required as a result ora condition that meets one or more of the
categories in paragraph 4.2.3., a Work Change Directive or a
Change Order will be issued as provided in Article I0 to reflect
and document the consequences of such change.
4.2.6. Possible Price and 77roes Adjustments: An equitable
adjustment in the Contract Price or in thc Contract Time~, or
both, will be allowed to the extent that the existence of such
uncovered or revealed condition causes an increase or de-
crease in CONTRAC"BDR's cost of, or time required for
performance of, thc Work; subject, however, to thc following:
4.2.6.1. such condition must meet any one or more of the
categories described in paragraphs 4.2.3.1 through 4.2.3.4,
inclusive;
4.2.6.2. a change in the Contract Documents pursuant to
paragraph 4.2.5 will not be an automatic authorization of nor
a condition precedent to entitlement to any such adjustment;
4.2.6.3. with respect to Work that is paid for on a Unit
Price Basis, any adjustment in Contract Price will be subject
to the provisions of paragraphs 9.10 and 11.9; and
4.2.6.4. CONTRACTOR shall not be entitled to any
adjustment in the Contract Price or Times if;
4.2.6.4.1. CONTRACTOR knew of the existence of
such conditions at the time CONTRACTOR made a final
commitment to OWNER in respect of Contract Price and
Contract Times by the submission of a bid or becoming
bound under a negotiated contract; or
4.2.6.4.2. the existence of such condition could rea;
sonably have been discovered or revealed as a result of
any examination, invest/gation, exploration, test or study
of the site and contiguous areas required by the Bidding
Requirements or Contract Documents to be conducted by
or for CONTRACTOR prior to CONTRACTOR's making
such final commitment; or
4.2.6.4.3. CONTRACTOR failed to give the written
notice within the time and as required by paragraph 4.2.3.
If OWNER and CONTRACTOR are uruable to agree on
entitlement to or as to the amount or length of any such
equitable adjustment in the Contract Price or Contract Times,
a claim may be made therefor as.l~rovided in Articles 1 ! and 12.
However, OWNER, ENGINEER and ENGINEER's Consult-
an~ shall not be liable to CONTRACIDR for any claims,
costs, losses or damages sustained by CONTRACTOR on or in
connection with any other project or anticipated project.
4.3. Physical Con~t;t,'ons~Underground Facilities:
4.3.1. Shown or Indicated: The information and data shown
or indicated in the Contract Documents with respect to existing
Underground Facilities at or contiguous to the site is based on
information and data furnished to OWNER or ENGINEER by
the owners of such Underground Facilities or by others. Unless it
is otherwise expressly provided in the Supplementary Conditions:
4.3.1.1. OWNER and ENGINEER shall not be respon-
sible for the accuracy or completeness of any such inforn'm-
tion or data; and
4.3.1.2. The cost of all of the following will be included in
the Contract Price and CONTRACTOR shall have full respon-
sibility fo~. (i) reviewing and checking all such information and
data, (ii) locating all Underg~.und Facilities shown or indicated
in the Contract Documents, (iii) coordination of the Work with
the owners of such Underground Facilities during construction,
and (iv) the safety and protection of all such Underground
Facilities as provided in paragraph 6.20 and repairing any
damage thereto resulting from the Work.
4.3.2. Not Shown or Indicated: If an Underground Facility
is uncovered or revealed at or contiguous to the site which was
not shown or indicated in the Contract Documents, CON-
TRACTOR-shall, promptly after becoming aware thereof and
before fur'cher disturbing conditions affected thereby or per-
forming any Work in connection therewith (except in an
emergency as required by paragraph 6.23), identify the owner
of such Underground Facility and give written notice to that
owner and to OWNER and ENGINEER. ENGINEER will
promptly review the Underground Facility and determine the
extent, if any, to which a change is required in the Contract
Documents to reflect and document the consequences of the
existence of the Underground Facility. If ENGINEER con-
cludes that a change in the Contract Documents is required, a
Work Change Directive or a Change Order will be issued as
provided in Article 10 to reflect and document such conse-
quences. During such time, CONTRACTOR shall be respon-
sible for the safety and protection ofsuch Underground Facility
as provided in paragraph 6.20. CONTRACTOR shall be al-
lowed an increase in the Contract Price or an extension of the
Contract Times, or both, to the extent that they are attributable
to the existence of any Underground Facility that was not
shown or indicated in the Contract Documents and that CON-
TRACTOR did not know of and could not reasonably have
been expected to be awa/'e of or to have anticipated. If
OWNER and CONTRACTOR are unable to agree on entitle-
ment to or the amount or length of any such adjustment in
Contract Price or Contract Times, CONTRACTOR may make
a claim therefor as provided in Articles I I and 12. However,
OWNER, ENGINEER and ENGINEER's Consultants shall
not be liable to CONTRACTOR for any claims, costs, losses or
damages incurred or sustained by CONTRACTOR on or in
connection with any other project or anticipated project.
Reference Point~:
4.4. OWNER shall provide engineering surveys to estab-
lish reference points for construction which in ENGINEER's
judgment are necessary to enable CONTRACTOR to proceed
with the Work. CONTRACTOR shall be responsible for laying
out the Work, shall protect and preserve the established
reference points and shall make no changes or relocations
without the prior written approval of OWNER. CONTRAC
TOR shall report to ENGINEER whenever any reference
point is lost or destroyed or requires relocation because o:
necessary changes in grades or locations, and shall be respon
sibte for the accurate replacement or relocation of such refer
ence points by professionally qualified personnel.
4.5. Asbestos, PCBs, Petroleum, Hn~,n~-dous Waste or Radic~
active Material:
4.5.t. OWNER shall be respons~le for any Asbestos
PCBs, Petroleum, Hn:'nrclous Waste or Radioactive Material
uncovered or revealed at the site which was not shown
indicated in Drawings or Specifications or identified in
Contract Documents to be within the scope of the Work
which may present a substantial danger to persons or propert'..
exposed thereto in connection with the Work at the site
OWNER shall not be responsible for any such materia!:-
brought to the site by CONTRACTOR, Subcontractor, Suppli-
ers or anyone else for whom CONTRACTOR is responsible
4.5.2. CONTRACTOR shall immediately: (i) stop a~'
Work in connection with such hazardous condition and ir
any area affected thereby (except in an emergency &s re-
quired by paragraph.6.23).; 'and (ii) notify' OWNER
ENGINEER (and thereafter confirm such notice in writing
OWNER shall promptly consult with ENGINEER conced-
ing the necessity for OWNER to retain a qualified expert
evaluate such b~Tardous condition or take corrective actior~.
if any. CONTRACTOR shall not be required to resume Wor~
in connection with such hazardous conditiofi or in any such
affected area until after OWNER has obtained any required
permits related thereto and delivered to CONTRACTOE
special written notice: (i) specifying that such condition and
any affected area is or 'has been rendered safe for the
resumption of Work, or (ii) specifying any special conditio~
under which such Work may. be resumed safely. If OWNE,~
and CONTRACTOR cannot agree as to entitlement to or the
amount or extent of an adjustment, if any, in Contract Price
or Contract Times as a result of such Work stoppage or such
special conditions under which Work is agreed by CON-
TRACTOR to be resumed, either party may make a claim
therefor as provided in Articles 11 and 12.
4.5.3. If after receipt of such special written notice
CONTRACTOR does not agree to resume such Work based
on a reasonable belief it is unsafe, or does not agree t~
resume such Work under such special conditions, the~
OWNER may order such portion of the Work that is it~.
connection with such hazardous condition or in such af-
fected area to be deleted from the Work. If OWNER and
CONTRACTOR cannot agree as to entitlement to or thc
amount or extent of an adjustment, if any, in Contract Price
or Contract Times as a result of deleting such portion of the
Work, then either party may make a claim therefor as
provided in Articles II and 12. OWNER may have such
deleted portion of the Work performed by OWNER's o~.'r~
forces or others in accordance with Article 7.
4.5.4. To the fullest extent permitted by Laws and Reg-
ulations, OWNER'shall indemnify and hold harmless CON-
TRACTOR, Subcontractors, ENGINEER., ENGINEER's
19
Consultants and the officers, dire:tots, employees, agents,
other consultants and subcontractors of each and any of
them from and ag~nst nll claims, costs, losses and da~'nages
arising out of or resulting from such hazardous condition,
provided that: (i) any such claim, cost, loss or damage is
axtributable 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 (iD nothing in this subparagraph 4.5.4 shall obligate
OWNER to indemnify any person or entity from and against
the consequences of that person's or entity's own negli-
gence.
4.5.5. The provisions of paragraphs 4.2 and 4.3 are not
intended to apply to Asbestos, PCBs, Petroleum, Hazardous
Waste or Radioactive Material uncovered or revealed at the
site.
ARTICLE 5--BONDS AND INSURANCE
companies that are duly licensed or authorized in the juris-
diction in which the Project is located to issue Bonds or
insurance policies for the limits and coverages so required.
Such surety and insurance companies shall also meet such
additional requirements and qualifications as may be pro-
vided in the Supplementary. Conditions.
5.3.2. CONTRACTOR shall deliver to OWNER, with
copies to each additional insured identified in the Supple-
mentary Conditions, certificates of insurance (and other
evidence of insurance requested by OWNER or any other
additional insured) which CONTRACTOR is required to
purchase and maintain in accordance with paragraph 5.4.:
OWNER shall deliver to CONTRACTOR, with copies to
each additional insured identified in the Supplementary
Conditions, certificates of insurance (and other evidence of
insurance requested by CONTRACTOR or any other addi-
tional insured) which OWNER is required to purchase and
maintain in accordance with paragraphs 5.6 and 5.7 hereof.
CONTRACTOR's Liabili~ Insurance:
Performance, Payrntnt and Other Bonds:
5.1. CONTRACTOR shall furnish Performance cad Pay-
ment Bonds, each in an amount at 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 aider the date when final payment becomes due, except as'
provided otherwise by Laws or Regulations or by the Contras:t
Documents. CONTRACTOR shall also furnish such other
Bonds as ar~ required by the Supplementary Conditions. All
Bonds shall be in the form prescribed by the Contract Docu-
ments except as provided otherwise by Laws or Regulations,
and shall be executed by such sureties as are named in the
current list of"Companies Holding Certificates of Authority as
Acceptable Sureties on Federal Bonds and as Acceptable
Reinsuring Companies" a~s published in Circular 570 (amended)
by the Audit. Staff, Bureau of Government Financial Opera-
lions, U.S. Treasury Department. All Bonds signed by an
agent must be accompanied by a certified copy of such agent's
authority to act.
5.2. If the surety on any Bond furnished by CONTRAC-
T0R is declared a bantcmpt 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
paragraph 5.1, CONTRACTOR shall within ten days thereafter
substitute another Bond and surety, both of which must be
acceptable to OWNER.
5.3, Licensed SureEt. s and Insm'ers; Ce 'rxtficates of Insurance:
5.3.1. All Bonds and insurance required by the Contract
Documents to be purchased and maintained by OWNER or
CONTRACTOR shall be obtained from surety or insurance
5.4. CONTRACTOR shall purchase and maintain such
liability and other insurance as is appropriate for the Work
being performed and furnished and as will provide protection
from claims set forth below whichlmay arise out of or result
from CONTRACTOR's performance and furnishing of the
Work and CONTRACTOR's other obligations under the Con-
tract Documents, whether it is tc~ be performed or furnished by
CONTRACTOR, any Subcontractor or Supplier, or by anyone
directly or indirectly employed by any.0f them to perform or-
furnish any of the Work, or by anyone for whose acts any of
them may be liable:
5.4.1. claims under workers', compensation, disability'
benefits and other similar employee benefit ac~s;
5.4.2. claims for damages because of bodily injury, oc-
cupational sickness or disease, or death of CONTRAC-
TOR's employees;
5.4.3. claims for danmges because of bodily injury, sick-
ness or disease, or death of any person other than CON-
TRACTOR's employees;
5.4.4. claims for damages insured by customary personal
injury liability c0vcmgc which are sust~inecl: (~ by any
person as a result of an offense directly or indirectly related
to the employment of such person by CONTRACTOR, or (id
by any other person for any other reason;
5.4.5. claims for damages, other than to the Work itself,
because of injury to or destruction of tangible property
wherever located, including toss of use resulting therefrom;
and
'2
5.4.6. claims for damages be¢~_,~se of bodiiy injury or
death of any person or property damage arising out of the
ownership, maintenance or use of any motor vehicle.
The policies of insurance so required by this paragraph 5.4 to
be purchased and maintained shall:
5.4.7. with respect to insurance required by paragraphs
5.4.3 through 5.4.6 inclusive, include as additional insureds
(subject to any customary exclusion in respect of proires-
sional liability) OWNER, ENGINEER, ENGINEER's Con-
sultants and any other persons or entities identified in the
Supplementary Conditions, all of whom shall be listed as
additional insurers, and include coverage for the respective
officem and employees of all such additional insureds;
5.4.8. inc}ude the specific coverages and be written for
not Iess than the limits of liability provided in the Supple-
mentary Conditions or required by Laws or Regulations,
whichever is greater;
5.4.9. include completed operations insurance;
5.4.10. include contractual liability insurance covering
CONTRACTOR's indemnity obligations under paragraphs
6.12, 6.16 and 6.31 .through 6.33;
5.4.11. contain a provision or endorsement 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 CONTRACTOR and
to each other-additional insured identified in the Supplemen-
tary Conditions to whom a certificate of insurance has been
issued (and the certificates of insurance furnished by the
CONTRACTOR pursuant to paragraph 5.3.2 will so pro-
vide);
5.4.12. remain in effect at least until final payment and at
all times thereafter when CONTRACTOR may be correct-
ing, removing or replacing defective Work in accordance
with paragraph 13.12; and
5.4.13. with respect to completed operations insurance,
and any insurance coverage written on a claims-made basis,
remain in effect for at least two years after final payment
(and CONTRACTOR shall furnish OWNER and each other
additional insured identified in the Supplementary Condi-
tions to whom a certificate of insurance has been issued
evidence satisfactory to OWNER and any such additional
insured of continuation of such insurance at final payment
· and one year thereafter).
OWNER's l.,iabil~ lr~urance:
5.5. In addition to the insurance required to be provided by
CONTRACTOR under paragraph 5.4, OWNER, at OWNER's
option, may purchase and maintain ax OWNER's expense
OWNER's oWn liability insurance as will protect OWNER
'against claims which may arise from operations under the
Contract Documents.
· 5.6. Unless otherwise provided in the Supplementary Con-
ditions, OWNER shall purchase and maintain property insur-
ance upon the Work at the site in the amount of the full
replacement cost thereof (subject to such deductible mounts
as may be provided in the Supplementary Conditions or
required by Laws and Regulations). This insurance shall:
5.6.1. include the interests of OWNER, CONTRAC-
TOR, Subcontractors, ENGINEER, ENGINEER's Con- .
sultants and any other persons or entities identified in the
Supplementary Conditions, each of whom is deemed to have
an insurable interest and shall be listed as an insured or
additional insured;
5.6.2. be written on a Builder's Risk "all-risk" or open
peril or special caUses of loss policy form that shall al: least
include insurance for physical toss or damage to the Work,
temporary buildings, falsework and Work in transit and shall
insure against at least the following perils fire, lightning,
extended coverage, theft, vandalism and malicious mischief,
earthquake~ collapse, debris removal, demolition occasioned
by enforcement of Laws and Regulations, water damage,
and such other perils as may be specifically required by the
Supplementary Conditions;
5.6.3. include expenses incurr~ in the ripair or replace-
ment of any insured property. (including but not limited to
tees and charges'of engineers and architects);
5.6.4. cover materials and equipment stored at the site or
· at another location that was agreed to in writing by OWNER
prior to being incorporated in the Work, provided that such
materials and equipment have been included in an Applica-
tion for Payment recommended by ENGINEER; and
5.6.5. be maintained in'effect until final payment is made
unless otherwise agreed tO in writing' by OWNER, CON-
TRACTOR and ENGINEER with thinx days written notice
to each other additional'insured to wl~0m a certificate of
insurance has been issued.
5.7. OWNER shall purchase and maintain such boiler and
machinery insurance or additional property insurance as may
be required by the Supplementary Conditions or Laws and
Regulations which will include the interests of OWNER,
CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's
Consultants and any other persons or entities identified in the
Supplementary Conditions, each of whom is deemed to have
an insurable interest and shall be listed as an insured or
additional insured.
5.8. All the policies of insurance (and the certificates or
other evidence thereo0 required to be purchased and main-
mined by OWNER in accordance with paragraphs 5.6 and 5.7
will contain a provision or endorsement that the coverage
afforded will not be cancelled or materially changed or renewal
refused until at least thirty days' prior written notice has been
given to OWNER and CONTRACTOR and to each other
additional insured to whom a certificate of insurance has been
issued and will contain waiver provisions in accordance with
paragraph 5.11.
21
5.9. OW'NER shall not be responsible for purchasing and
maintaining any property insurance to protect the interests of
CONTRACTOR, Subcontractors or others in the Work to the
extent of any deductible amounts that are identified in the
Supplementary Conditions. The risk of loss within such iden-
tiffed deduct, ibte amount, will be borne by CONTRACTOR,
Subcontractor or others suffering any such Joss and if any of
them wishes property insurance cover-age within the limits of
such amounts, each may purchase and maintain it at the
purchaser's own expense.
5.10. If CONTRACTOR requests in writing that other
special insurance be included in the property insurance policies
provided under paragraphs 5.6 or 5.7, OWNER shall, if possi-
ble, include such insurance, and the cost thereof' will be
charged to CONTRACTOR by appropriate Change Order or
Written Amendment. Prior to commencement o[' the Work at
the site, OWNER shall in writing advise CONTRACTOR
whether or not such other insurance has been procured by
OWNER.
5.11. Waiver of Right~:
5.11.1. OWNER and CONTRACTOR intend that all
policies purchased in accordance with paragraphs 5.6 and
5.7 will protect OWNER, CONTRACTOR, Subcontractors,
ENGINEER, ENGINEER's Consultants and all other per-
sons or entities identified in the Supplementary Conditions to
be listed as insureds or additional insureds in such policies
and will provide primary coverage for all losses and damages
mused by the perils covered thereby. All such policies shall
contain provisions to the effect that in the event of payment
of any loss or damage the insurers will have no rights of
recovery against any of the insureds or additional insureds
thereunder. OWNER and CONTRACTOR waive ali rights
against each other and their respective officers, directors,
employees and agents for all losses and damages caused by,
arising out of or resulting from any of the perils covered by
such policies and any other property insurance applicable to
the Work; and, in addition, waive all such rights against
Subcontractors, ENGINEER, ENGINEER's Consultants
and ail other persons or entities identified in the Supplemen-
tary Conditions to be listed as insureds or additional insureds
under such policies for losses and damages so caused. None
of the above waivers shall extend to the fights that any party
malting such waiver may have to the proceeds of insurance
held by OWNER as trustee or otherwise payable under any
policy so issued.
5.11.2. In addition, OWNER waives all rights against
CONTRACTOR, Subcontractors, ENGINEER. ENGI-
NEER's Consultants and the officers, directors, employees
and agents of any of them, for:.
5.11.2. !. loss due to business interruption, loss of use
or other consequential loss extending beyond direct phys-
ical loss or damage to OWNER's property or the Work
mused by, arising out of or resulting from fire or other
peril, whether or not insured by OWNER; and
5.11.2.2. loss or damage to the completed Project or
part thereof caused by, arising out of or resulting from fire
or other insured peril covered by any property insurance
maintained on the completed Project or part thereof by
OWNER during partial utilization pursuant to paragraph
14. I0, after substantial completion pursuant to paragraph
14.8 or after final payment pursuant to paragraph 14.13.
Any insurance policy maintained by OWNER covering any
loss, damage or consequential loss referred to in this paragraph
5. I 1.2 shall contain provisions to the effect that in the event of
payment of any such loss, damage or consequential loss the
insurers will have no fights of recovery against any of CON-
TRACTOR. Subcontractors, ENGINEER, ENGINEER's Con-
sultants and the officers, directors, employees and agents of
any of them.
Receipt and Application of Insurance Proceeds
5.12. Any insured loss under the policies of insurance
required by paragraphs 5.6 and 5.7 will be adjusted with
OWNER and made payable to OWNER as fiduciary for the
insureds, as their interests may appear, subject to the require-
merits of any applicable mortgage clause and of paragraph 5.13.
OWNER shall deposit in a separate account any money so
received, and shall distribute it in accordance with such agree-
ment 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 accodnt thereof
and the Work and the cost thereof covered by an appropriate
Change Order or Written Amendment.
5.13. OWNER as fiduciary 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 alter the
occurrence of loss to OWNER's exercise of this power. If such
objection be made, OWNER as fiduciary shall make settlement
with the insurers in accordance with such agreement as the
parties in interest may reach. If no such a~eement among the
parties in interest is reached, OWNER as fiduciary shall adjust
and settle the loss with the insurers and, if required .in writing
by any party in interest, OWNER as fiduciary shail give bond
for the proper performance of such duties.
Acceptance of Bonds and Insurance; Option to Replace:
5.14. If either party (OWNER or CONTRACTOR) has any
objection to the coverage afforded by or other provisions of'the
Bonds or insurance required to be purchased and maintained
by the other party in accordance with Article 5 on the basis of
non-conformance with the Contract Documents, the objecting
party shall so notify' the other party in writing within ten days
after receipt of the certificates (or other evidence requested)
required by paragraph 2.7. OWNER and CONTRACTOR shall
each provide to the other such additional information in respect
of insurance provided as the other may reasonably request. If
either party does not purchase or maintain all of the Bonds and
insurance required of such party by the Contract Documents,
such party shall notify the other party in writing of such failure
to purchase prior to the start of the Work, or of such failure to
maintain prior to any change in the required coverage. Without
prejudice to any other right or remedy, the other party may
elect to obtain equivalent Bonds or insurance to protect such
other party's interests at the expense of the party who was
required to provide such coverage, and a Change Order shall
be issued to adjust the Contract Price accordingly.
Partial Utilizalio~pe~ Insurm~e:
5.15. If OWNER finds it necessary to occupy or use a
portion or portions of the Work prior to Substantial Completion
of all the Work, such use or occupancy may be accomplished in
accordance with paragraph 14, I0; provided that no such use or
occupancy shall commence before the insurers providing the
property insurance have acknowledged notice thereof and in
writing effected any changes in coverage necessitated thereby.
The insurers providing the property insurance shall consent by
endorsement on the policy or policies, but the properl:y insur-
ance shall not be cancelled or permitted to lapse on account of
any such partial use or occupancy.
ARTICLE 6---CONTRACTOR'S RESPONSIBILITIES
Supervision and Superintendence:
6.1. CONTRACTOR shall supervise, inspect and direct the
Work competently and efficiently, devoting such attention
thereto and applying such skills and expertise as may be
necessary to perform the Work in accordance with the Con-
tract Documents. CONTRACTOR shall be solely responsible
for the means, methods, techniques, sequences and procedures
of construction, but CONTRACTOR shall not be responsible
for the negligence of others in the design or specification of a
specific means, method, technique, sequence or procedure of
construction which is shown or indicated in and expressly
required by the Contract Documents. CONTRACTOR shall be
responsible to see that the completed Work complies accu-
rately with the Contract Documents.
6.2. CONTRACTOR shall keep on the Work at alt 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 to the superintendent shall be as
binding as if given to CONTRACTOR.
Labor, Materials and Equipment:
6.3. CONTRACTORshall provide competent, suitably qual-
ified personnel to survey, lay out and construct the Work as
required by the Contract Documents. CONTRACTOR shall at
all dines maintain good discipline and order at the site. Except
a.s otherwise required for the safety or protection of persons or
the Work or property at the site or adjacent thereto, and except
as otherwise indicated in the Contract Documents, all Work at
the site shall be performed during regular working hours and
CONTRACTOR will not permit overtime work or the perfor-
mance of Work on Saturday, Sunday or any legal holiday
without OWNER's written consent given after prior written
notice to ENGINEER.
6.4. Unless otherwise specified in the General Require-
ments, CONTRACTOR shall furnish and assume full respon-
sibility for all materials, equipment, labor, transportation, con-
struction equipment and machinery, tools, appliances, fuel,
power, light, heat, telephone, water, sanitary facilities, tempo-
rary facilities and all other facilities and incidentals necessary
for the furnishing, performance, testing, start-up and comple-
tion of the Work.
6.5. All materials and equipment shall be of good quality
and new, except as otherwise provided in the Contract Docu-
ments. All warranties and guarantees specifically called for by
the Specifications shall expressly run to the benefit of OWNER.
If required by ENGINEER, CONTRAC'I~R shall furnish
satisfactory evidence (including reports of required tests) as to
the kind and quality Of materials and equipment. All materials
and equipment shall be applied, installed, connected, erected,
used, cleaned and conditioned in accordance with instructions
of the applicable Supplier, except as otherwise provided ir~ the
Contract Documents.
Progress Schedule:
6.6. CONTRACTOR shall adhere to the progress schedule
established in accordance with paragraph 2.9 as it may be
adjusted from time to time as provided below:
6.6.1. CONTRACTOR shall submit to ENGINEER for
acceptance (to the extent indicated in paragraph 2.9) pro-
posed adjustments in the pr6gress schedule that will not
change the Contract Times (or Milestones). Such adjust-
ments will conform generall y to the progress schedule then
in effect and additionally will comply with any provisions of
the General Requirements applicable thereto.
6.6.2. Proposed adjustments in the progress schedule
that will change the Contract Times (or Milestones) shall be
submitted in accordance with the requirements of paragral~h
12.1. Such adjustments may only be made by a Change
Order or Written Amendment in accordance with Article 12.
6.7. 'SubstW,,t,~ and "Or-Equal" Itera~:
6.7.1. Whenever an item of material or equipment is
specified or described in the Contract Documents by using
the name of a proprietary item or the name of a particular
Supplier, the specification or description is intended to
establish the type, function and quality required. Unless the
specification or description contains or is followed by words
reading that no like, equivalent or ."or-equal" item or no
substitution is permitted, other items of material or equip-
ment or material or equipment of other Suppliers may be
accepted by ENGINEER under the following circumstances:
6.7.1.1. "Or-Equal": If in ENGINEER's sole discre-
tion an item of material or equipment proposed by CON-
TRACTOR is functionally equal to that named and suffi-
ciently 'similar so that no change in related Work will be
required, it may be considered by ENGINEER as an
"or-equal" item, in which case review and approval of.the
proposed item may, in ENGINEER's sole discretion, be
accomplished without compliance with some or all of the
requirements for acceptance of proposed substitute items.
6.7.1.2. Substitute Items: If in ENGINEER's sole
discretion an item of material or equipment proposed by
CONTtL'kCTOR does not qualify as an "or-equal" item
under subparagraph 6.7.1.1, it will be considered a pro-
posed substitute item. CONTRACTOR shall submit suffi- '
cient information as provided below to allow ENGINEER
to determine that the item of material or equipment
proposed is essentially equivalent to that named and an
acceptable substitute therefor. The procedure for review
by the ENGINEER will include the following as supple-
merited in the General Requirements and as ENGINEER
may decide is appropriate under the circumstances.
quests for review of proposed substitute items of material
or equipment will not be accepted by ENGINEER from
anyone other than CONTRACTOR. If CONTRACTOR
wishes to 'furnish or use a substitute item of material or
equipment, CONTRACTOR shall first make written appli-
cation to ENGINEER for acceptance thereof, certifying
that the proposed substitute will perform adequately the
functions and achieve the results called for by the general
design, be similar in substance to that specified and be
'suited to the same use as that specified. The application
will state the extent, if any, to which the evaluation and
acceptance of the proposed substitute will prejudice CON-
TRACTOR's achievement of Substantial Completion on
time, whether or not acceptance of the substitute for use in
the Work will require a change in any of the Contract
Documents (or in the provisions of any other direct
contract with OWNER for work on the Project) to adapt
the design to the proposed substitute and whether or not'
incorporation 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 will be identified in the application and available
maintenance, repair and replacement service will be indi-
cated. The application will also contain an itemized esti-
mate of all costs or credits that will result directly or
indirectly from acceptance of such substitute, including
costs of redesign and claims of other contractors affected
by the resulting change, all of which will be considered by
ENGINEER in evaluating the proposed substitute. EN-
GINEER may require CONTRACTOR to furnish addi-
tlonal data about the. proposed substitute.
6.7.1.3. CONTRACTOR's Expense: All data to be
provided by CONTRACTOR in support of any proposed
"or-equal" or substitute item will be at CONTRACTOR's
expense.
6.7.2. Substitute Construction Methods or Procedures: Ifa
specific means, method, technique, sequence or procedure of.
construction is shown or indicated in and expressly required by
the Contract Documents, CONTRACTOR may furnish or
utilize a substitute means, method, technique, sequence or
procedure of construction acceptable to ENGINEER. CON-
TRACTOR shall submit sufficient information to allow ENGI-
NEER, in ENGINEER's sole discretion, to determine that the
substitute proposed is equivalent to that expressly called for by
the Contract Documents. The procedure for review by ENGI-
NEER will be similar to that provided in subparagraph 6.7.1.2.
6.7.3. Engineer's Evaluation: ENGINEER will be allowed
a reasonable time within which to evaluate each proposal or
submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2.
ENGINEER will be the sole judge of acceptability. No
equal" or substitute will be ordered, installed or utilized
without ENGINEER's prior written acceptance which will be
evidenced by either a Change Order or an approved Shop
Drawing. OWNER may require CONTRACTOR to furnish at
CONTRACTOR's expense a special performance guarantee or
other surety with respect to any "or-equal" or substitute.
ENGINEER will record time required by ENGINEER and
ENGINEER's Consultants in evaluating substitutes proposed
or submitted by CONTR2$.CTOR pursuant to paragraphs 6.7.1.2
and 6.7.2 and in making changeMn the Co. ntra~t Documents (or
in the provisions of any other direct contract with OWNER for
work on the Project) occasioned thereby. Whether or not
ENGINEER accepts a substitute item so proposed or submit-
ted by CONTRACTOR, CONTRACTOR shall reimburse
OWNER for the charges of ENGINEER and ENGINEER's
Consultants for evaluating each such proposed substitute item.
Concerning Subcontractors, Suppliers and Others:
6.8.1. CONTRACTOR shall not employ any Subcon-
tractor, Supplier 8r other person or organization (including
those acceptable to OWNER and ENGINEER as indicated
in paragraph 6.8.2), whether initially or as a substitute,
against whom OWNER or ENGINEER may have reason-
able objection. CONTRACTOR shall not be required to
employ any Subcontractor, Supplier or other person or
organization to furnish or perform any of the Work against
whom CONTRACTOR has reasonable objection.
6.8.2. If the Supplementary Conditions requir~ the iden-
tity of certain Subcontractors, Suppliers or other persons.or
organizations (including those who are to furnish the princi-
pal items of materials or equipment) to be submitted to
OWNER in advance of the specified date prior to
Effective Date of the Agreement for acceptance by OWNER
and ENGINEER, and if CONTRACTOR has submitted
list thereof in accordance with the Supplementary Condi-
tions, OWNER's or ENGINEER's acceptance (either in
writing or by failing to make written objection thereto by the
date indicated for acceptance or objection in the biddins[
documents or the Contract Documents) of any such Subcon-
tractor. Supplier or other person or organization so identified
may be revoked on the basis of reasonable objection a.qer
due investigation, in which case CONTRACIDR shall sub-
mit an acceptable substitute, the Contract Price will be
adjusted by the difference in the cost occasioned by such
substitution and an appropriate Change Order will be issued
· or .Written Amendment signed. No acceptance by OWNER
'or ENGINEER of any such Subcontractor, Supplier or other
, person or organization shall constitute a waiver of any right
'of OWNER or ENGINEER to reject defective Work.
6.9.1. CONTRACTOR shall be fully responsible to
OWNER and ENGINEER for all acts and omissions of the
Subcontractors, Suppliers and other persons and organiza-
tions performing or furnishing any of the Work under a direct
or indirect contract with CONTRACTOR just as CON-
TILACTOR is responsible for CONTRACTOR's own acts
and omissions. Nothing in the Contract Documents shall
create for the benefit of any such Subcontractor, Supplier or
other person or organization any contractual relationship
between OWNER or ENGINEER and any such Subcon-
tractor, Supplier or other person or organization, nor shall it
create any obligation on the part of OWNER or ENGI-
NEER to pay or to se~ to the payment of any moneys due
any such Subcontractor, Supplier or other person or organi-
zation except aa may otherwise be required by Laws and
Regulations.
of the Work or the incorporation in the Work of any invention,
design, process, product or device which is the subject of
patent rights or copyrights held by others. If a particular
invention, design, process, 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 ENGINEER its
use is subject to patent fights or copyrights calling for the
payment of any license fee or royalty to others, the existence of
such rights shall be disclosed by OWNER in the Contract
Documents. To the fullest extent permitted by Laws and
Regulations, CONTRACTOR shall indemnify and hold harm-
less OWNER, ENGINEER, ENGINEER's Consultants and
the officers, directors, employees, agents and other consultants
of each and any of them fi-om and against all claims, costs,
losses and damages arising out of or resulting from any
infringement of patent rights or copyrights incident to the use in
the performance of the Work or resulting from the incorpora-
tion in the Work of any invention, design, process, product or
device not specified in the Contract Documents.
6.9.2. CONTRACTOR shall be solely responsible for
scheduling and coordinating the Work of Subcontractors,
Suppliers and other persons and organizations performing or
furnishing any of the Work under a direct or indirect contract
with CONTRACTOR. CONTRACTOR shall require all Sub-
contractors, Suppliers and such other persons and or~miza-
tions performing or furnishing any of the Work to communi-
cate with the ENGINEER through CONTRACTOR.
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
Suppliers or delineating the Work to be performed by any
specLfic trade.
6. II. All Work performed for CONTRACTOR by a Sub-
contractor or Supplier will be pursuant to an appropriate
agreement between CONTRACTOR and the Subcontractor or
Supplier which specifically binds the Subcontractor or Supplier
to the applicable terms and conditions of the Contract Docu-
ments for the benefit of OWNER and ENGINEER. Whenever
any such agreement is with a Subcontractor or Supplier who is
listed as an additional insured on the property insurance
provided in paragraph 5.6 or 5.7, the agreement between the
CONTRACTOR and the Subcontractor or Supplier will con-
tain provisions whereby the Subcontractor or Supplier waives
all rights against OWNER, CONTRACTOR, ENGINEER,
ENGINEER's Consultants and all other additional insureds for
all losses and damages caused by, arising out of or resulting
from any of the perils covered by such policies and any other
property insurance applicable to the Work. If the insurers on
any such policies require separate waiver forms to be signed by
any Subcontractor or Supplier, CONTRACTOR will obtain the
sa/ne.
Patent Fees and Royalties: '"
6.12. CONTRACTOR shall pay all license fees and royal-
ties and assume ali costs incident to the use in the performance-
6.13. Unless otherwise provided in the Supplementary
Conditions, CONTRACTOR shall obtain and pay for all ¢on-
str'acfion 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 opening of Bids, or, if there
are no Bids, on the Effective Date of the Agreement. CON-
TRAC'I~R shall pay all charges of utility owners for connec-
tions to the Work, and OWNER shall pay all charges of such
utility owners for capital costa related thereto such as plant
investment fees.
Laws and Reg-lnt';ons:
6.14. I. CONTILa, CTOR shall give all notices and comply
with all Laws and Regulations applicable to furnishing and
performance of the Work. Except where otherwise expressly
required by applicable Laws and Regulations, neither OWNER
nor ENGINEER shall be responsible for monitoring CON-
TRACTOR's compliance with any Laws or Regulations.
6.14.2. If CONTRACTOR performs any Work knowing
or having reason to know that it is contrary to Laws or
Regulations, CONTRACTOR shall bear all claims, costs,
losses and damages caused by, arising out of or resulting
therefrom; however, it shall not be CONTRACTOR's pri-
mary responsibility to make certain that the Specifications
and Drawings are in accordance with Laws and Regulations,
but this shall not relieve CONTRA~FOR of CONTRAC-
TOR's obligations under paragraph 3.3.2.
6.15. CONTRACTOR shall 'pay all sales, consumer, use
and other similar taxes required to be paid by CONTRACTOR
in accordance with ~he Laws and Regulations of the place of
the Project which are applicable during the performance of the
Work.
tffse of pr~rni~es:
6.16. CONTRACTOR shall confine construction equip-
ment, the storage of materials and equipment and the opera-
dons of workers to the site and land and areas identified in and
permitted by the Contract Documents and other land and areas'
permitted by Laws and Regulations, rights-of-way, permits and
easements, and shall not unreasonably encumber the premises
with construction equipment or other materials or equipment.
CONTRACTOR shall assume full responsibility for any dam-
age to any such land or area, or to the owner or occupant
thereof or of any adjacent land or ar~as, resulting from the
performance of the Work. Should any claim be made by any
such owner or occupant because of the performance of the
Work, CONTRACTOR shall prompdy settle with such other
party by negotiation or otherwise resolve the claim by arbitra-
tion · or other dispute resolution proceeding or at law. CON-
TRACI~R shall, to the fullest extent permitted by Laws and
Regulations, indemnify and hold harmless OWNER. ENGI-
NEER, ENGINEER's Consultant and anyone directly or
indirectly employed by any of them from and against all claims,
costs, losses and damag~ arising out of or resulting from any
claim or action, legal or equitable, brought by any such owner
or occupant against OWNER, ENGINEER or :ny other party
indemnified hereunder to the extent caused by or based upon
CONTRACTOR's performance of the Work.
6.17. During the progress of the Work, CONTRACTOR
shall keep the premises free from accumulations of waste
materials, rubbish and other debris resulting ~rom the Work. At
the completion of the Work CONTRACTOR shall remove ali
waste materials, rubbish and debris from and about the pre-
mises as well as all tools, appliances, construction equipment
and machinery and surplus materials. CONTRACTOR shall
leave the site clean and ready for occupancy by OWNER at
Substantial Completion of the Work. CONTRACTOR shall
restore to original condition all property not designated for
alteration by the Contract Documents.
6.18. CONTRACTOR shall not load nor permit any part of
any structure to be loaded in any manner that will endanger the
structure, nor shall CONTRACTOR subject any part of the
Work or adjacent property to stresses or pressures that will
endanger it.
Record Document~:
6.19. CONTRAC'I~R shall maintain in a safe place at the
site one record copy of all Drawings, Specifications, Addenda,
Written Amendments, Change Orders, Work Change Direc-
tives, Field Orders and written interpretations and clarifica-
tions (issued pursuant to paragraph 9.4) in good order and
annotated to show all changes made during construction.
These record documents together with all approved Samples
and a counterpart of all approved Shop Drawings will be
available to ENGINEER for reference. Upon completion of
the Work, these record documents, Samples and Shop Draw-
ings will be delivered to ENGINEER for OWNER.
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 provide
the necessary protection to prevent damage, injury or loss to:
6.20.1. all persons on the Work site or who may be
affected by the Work;
6.20.2. all the Work and materials and equipment to be
incorporated therein, whether in storage on or off' the site;
and
6.20.3. other property at the site or adjacent thereto,
including trees, shrubs, lawns, walks, pavements, roadways,.
structures, utilities and Underground Facilities not desig- .
hated for removal, relocation or replacement in the course of
construction.
CONTRACTOR shall comply with all applicable Laws and
Regulations of any public body having jurisdiction for safety o(
persons or property or to protect them from damage, injury or
loss; and shall erect and maintain all necessary safeguards for
such safety and protection. CONTRACTOR shall notify own-
ers of adjacent property and of Underground Facilities and
utility owners when prosecution of the Work may affect them,
and shall cooperate with them in the protection, removal,
relocation and replacement of their property. All damage,
injury or loss to any property referred to in paragraph 6.20.2 or
6.20.3 caused, directly or indirectly, in whole or in part, by
CONTRACTOR, any Subcontractor, Supplier or any other
person or organization directly or indirectly employed by any
of them to perform or furnish any of the Work or anyone for
whose acts any of them may be liable, shall be remedied by
CONTRACTOR (except. damage or loss attributable to the
fault of Drawings or Specifications or to the acts or omissions
of OWNER or ENGINEER or ENGINEER's Consultant or
anyone employed by any of them or anyone for whose acts any
of them may be liable, and not attributable, directly or indi-
rectly, in whole or in part, to the fault or negligence of
CONTRACTOR or any Subcontractor, Supplier or other per-
son or organization directly or indirectly employed by any of
them). CONTRACTOR's duties and responsibilities for safety
and for protection of the Work shall continue until such time as
all the Work is completed and ENGINEER has issued a notice
to OWNER and CONTRACTOR in accordance with paraTh
graph 14.13 that the Work is acceptable (except as otherxvise
expressly provided in connection with Substantial Comple-'
tion).
Safety Representative:
6.21. CONTRACI'OR shall designate a qualified and expe-
rienced safety representative at the site whose duties and
responsibilities shall be the prevention of accidents and the
maintaining and supervising of safety precautions and pro-
Her. etd ¢ommanicadon Progroms:
6.22. CONTRACTOR shall be responsible forcoordinadng
any exchange of material safety data sheets or other ha2:ard
communication information required to be made available to or
exchanged between or among employers at the site in accor-
dance with Laws or Regulations.
Emergencies:
6.3. In emergencies affecting the safety or protection of
persons or the Work or property at the site or adjacent
thereto, CONTRAC'[~R, without speciaJ instruction or au-
thorization from OWNER or ENGINEER, is obligated to
act to prevent threatened damage, injury or loss. CON-
TRACTOR shall give ENGINEER prompt written notice if
CONTRACTOR believes that any signifi.cant changes in the
Work or variations from the Contract Documents have been
caused thereby. If ENGINEER determines that a change in
the Contract Documents is required because of the action
taken by CONTRACTOR in response to such an emergency,
a Work Change Directive or Change Order will be issued to
document the consequences of such action.
6.24. Shop Drawings and Samples:
6.24.1. CONTRACTOR shall submit Shop Drawings to
ENGINEER for review and approval in accordance with the
accepted schedule of Shop Drawings and Sample submittals
(see paragraph 2.9). All submittals will be identified as
ENGINEER may require and in the number of copies
specified in the General Requirements. The data shown on
the Shop Drawings will be complete with respect to quanti-
ties, dimensions, specified performance and design criteria,
materials and similar data to show ENGINEER the materi-
als and equipment CONTRACTOR proposes to provide and
to enable ENGINEER to review the information for the
limited purposes required by paragraph 6.26.
6.24.2. CONTRACTOR shall also submit Samples to
ENGINEER for review and approval in accordance with
said accepted schedule of Shop Drawings and Sample sub-
mittals. Each Sample will be identified clearly as to material,
Supplier, pertinent data such as catalog numbers and the use
for which intended and otherwise as ENGINEER may
require to enable ENGINEER to review the submittal for
the limited purposes required by parag~ph 6.26. The num-
bers of each Sample to be submitted will be as specified in
the Specifications.
6?-5. Subm;e,! Procedures:
6.~.1. Before submitting each Shop Drawing or Sam,
pla, CONTRACTOR shall have determined and verified:
6.~.1.I. all field measurements, quantifies, dimen-
sions, specified performance criteria, installation require-
ments, materials, catalog numbers and similar information
with respect thereto,
6.*_5.1.2. all materials with respect to intended use,
fabrication, shipping, handling, storage, assembly and
installation pertaining to the performance of the Work, and
6.25.1.2. all information relative to CONTRACTOR's
sole responsibilities in respect of mean. s, methods, tech-
niques, sequences and procedures of construction and
safety precautions and programs incident thereto.
CONTRACTOR shall also have reviewed and coordinated
each Shop Drawing or Sample with other Shop Drawings
and Samples and' with the requirements of the Work and the
Contract Documents.
6.25.2. Each submittal will bear a stamp or specific
written indication that CONTRACTOR has satisfied CON-
TRAC'~R's obligations under the Contac~ Documents with
respect to CONTRACTOR'S review and a~Jp .r0val of that
submittal.
6.25.3. At the time of each submission, CONTRACTOR
shall give ENGINEER specific written notice of such vari-
ations, if any, that the Shop Drawing or Sample submitted
may have from the requirements of the Contract Documents,
such notice tO be in a written communication separate from
the submittal; and, in addition, Shall cause a specific notation
to be made on each Shop Drawing and Sample submitted to
ENGINEER for review and approval of each such variation.
6.26. ENGINEER will review and approve Shop Drawings
and Samples in accordance With the schedule of Shop Draw-
ings and Sample submittals accepted by ENGINEER as re-
quired by paragraph 2.9. ENGINEER's review and. approval
will be only to determine if the items oovered by the submittals
will, after installation or incorporation in the Work, conform t.o
the information given in the Contract Documents and be
compatible with the design concept of the completed Project as
a functioning whole as indicated by the Contract Documents.
ENGINEER's review and approval will not extend to means,
methods, techniques, sequences or procedures of construction
(except where a particular means, method, technique, se-
quence or procedure of construction is specifically and ex-
pressly called for by the Contract D<x:uments) or to safety
precautions or programs incident thereto. The review and
approval ora separate item as such will not indicate approval of
the assembly in which the item functions. CONTRACTOR
shall make corrections required by ENGINEER, and shall
return the required number of corrected copies of Shop Draw-
ings and submit as required new Samples for review and
approval. CONTRACTOR shall direct specific attention in
Writing to revisions other than the corr~tions called for by
ENGINEER on previous submit'als.
6.27. ENGINEER's review and approval of Shop Draw-
ings or Samples shall not relieve CONTRACTOR from respon-
sibility for any variation from the requirements of the Contract
Documents unless CONTRACTOR has in writing, called ENo
GINEER's attention to each such variation at t~e time of
submission as required by paragraph 6.25.3 and ENGINEER
has given written approval of each such variation by specific
written notation thereof incorporated in or accompanying the
Shop Drawing or Sample approval; nor will any approval by
ENGINEER relieve CONTRACTOR from responsibility for
complying with the requirements of` paragraph 6.25. !.
6.28. Where a Shop Drawing or Sample is required by the
Contract Documents or the schedule of' Shop Drawings and
Sample submissions accepted by ENGINEER as required by .
paragraph 2.9, any related Work performed prior to ENGI-
NEER's review and approval orthe pertinent submittal will be
at the sole expense and responsibility of CONTRACTOR.
Co~inuing the Work:
6.29. CONTRACFOR shall carry on the Work and adhere
to the progress schedule during all disputes or disagreements
with OWNER. No Work shall be delayed or postponed pen&
lng resolution of any disputes or disagreements, except as
permitted by paragraph 15.5 or as OWNER and CONTRAC-
'FOR may otherwise agree in writing.
6.30. CONTRACTOR's General Warnzr~ and Guamatee:
6.30.1. CONTRACTOR warrants and guarantees to
· OWNER, ENGINEER and ENGINEER's Consultants that
all Work will be in accordance with the Contract Documents
and will not be defective. CONTRACTOR's warranty and
guarantee hereunder excludes defects or damage caused by:
6.30. I. 1. abuse, modification orimproper maintenance
or operation by persons other than CONTRACTOR, Sub-
contractors or Suppliers; or
6.30. !.2. normal wear and tear under normal usage.
6.30.2. CONTRACTOR's obligation to perform and com-
plete the Work in accordance with the Contract Documents
shall be absolute. None of` the following will constitute an
acceptance of Work that is not in accordance with the
Contract Documents or a release of` CONTRAC'I'OR's obli-
gation to perform the Work in accordance with the Contract
Documents:
6.30.2.1. observations by ENGINEER;
6.30.2.3. recommendation of any progress or final
payment by ENGINEER; -
6.30.2.3. the issuance of a certificate of Substantial
Completion or any payment by OWNER to CONTRAC-
TOR under the .Contract Documents;
6.30.2.4. use or occupancy of the Work or any part
thereot~ by OWNER;
6.30.2.5. any acceptance by OWNER orany failure to
do so;
6.30.2.6. any review and approval ora Shop Drawing
or Sample submittal or the issuance of a notice of accept-
ability by ENGINEER pursuant to paragraph 14.13;
6.30.2.7. any inspection, test or approval by others; or
6.30.2.8. any correction of`defective Work by OWNER.
Indemnification:
6.31. To the fullest extent permitted by Laws and Regula-
tions, CONTRACTOR shall indemnify and hold harmless
OWNER, ENGINEER, ENGINEER's Consultants and the
officers, directors, employees, agents and other consultants of`
each and any of`them from and against all claims, costs, losses
and damages (including but not limited to all fees and charges
of' engineers, architects, attorneys and other professionals and
all court or arbitration or other dispute resolution costs) caused
by, arising out of or resulting from the performance of the
Work, provided that any such claim, cost, loss or damage: (i) 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
(ii) is caused in whole or in part byany negligent act or
omission of` CONTRACTOR, any Subcontractor, any Supplier,
any person or orgb. nization directly or indirectly employed by
any of` them to perform or furnish any of' the Work or anyone
for whose acts any of them may be liable, regardless of whether
or not caused in part by any negligence or omission ora person
or entity indemnified hereunder or whether liability is imposed
upon such indemnified party by Laws and Regulations regsrd-
less of' the negligence of any such person or entity.
6.32. In any and all claims against OWNER or ENGI-
NEER or any of their respective consultants, agents, officers,
directors or employees by any employee (or the survivor or
personal representative of such employee) of CONTRACTOR,
any Subcontractor, any Supplier, any person or organization
directly or indirectly employed by any of them to perform or
furnish any of` the Work, or anyone for whose acts any of them
may be liable, the indemnification obligation under par-ag~ph
6.31 shall not be limited in any way by any limitation on the
amount or type of damages, compensation or benefits payable
by or for CONTRACTOR or any such Subcontractor, Supplier
or other person or organization under workers' compensation
acts, disability benefit acts or other employee benefit acts.
6.33. The indemnification obligations of CONTRAC'rOR
under paragraph 6.31 shall not extend to the liability of' ENGIz
NEER and ENGINEER's Consultants, officers, directors,
employees or agents caused by the professional negligence,
errors or omissions of any of them.
Sur~is, al of Obligations: ·
6.34. All representations, indemnifications, warranties and
guarantees made in, required by or given in accordance with
the Contract Documents, as well as all continuing obligations
indicated in the Contract Documents, will survive final pay-
ment, completion and acceptance of the Work and termination
or completion otr the Agreement.
ARTICLE 7--OTHER WORK
Related Work at Site:
7. I. OWNER may perform other work related to the
Project at the site by OWNER's own forces, or let other
direct contracts therefor which shall contain General Condi-
tions similar to these, or have other work performed by
utility owners. If the fact that such other work is to be
performed was not noted in the Contract Documents, then:
(i) written notice thereof will be given to CONTRACTOR
prior to starting any such other work, and (ii) CONTRAC-
TOR may make a claim therefor as provided in Articles 11
and 12 if CONTRACTOR believes that such performance
will involve additional expense to CONTRACTOR or
quires additional time and the parties are unable to agree as
to the amount or extent thereof.
7.2. CONTRACTOR shall afford each other contractor
who is a party to such a direct contract and each utility
owner (and OWNER, if OWNER is performing the addi-
tional work with OWNER's employees) proper and safe
.access to the site and a reasonable oplSortunity for the
introduction and storage of materials and equipment and the
execution of such other work and shall properly connect and
coordinate the Work with theirs. Unless otherwise provided
in the Contract Documents, CONTRACTOR shall do all
cutting, fitting and patching of the Work that may be required
to make its several parts come together properly and inte-
grate with such other work. CONTRACTOR shall not en-
danger any work of others by cutting, excavating or other-
wise 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. The duties and responsibilities
of CONTRACTOR under this paragraph are t'or the benefit of
such utility owners and other contractors to the extent that
there are comparable provisions for the benefit of CON-
TRACTOR in said direct contracts between OWNER and
such utility owners and other contractors.
7.3. If the Vrover execution or results of any van of
CONTRACTOR's Work depends upon work performed by
others under this Article 7, CONTRACTOR shall inspect such
other work and promptly report to ENGINEER in writing'any
delays, defects or deficiencies in iuch other work that render it
unavailable or unsuitable for the proper execution and results
of CONTRACTOR's Work. CONTtCa. CTOR's failure so to
report will constitute an acceptance of such other work as fit
and proper for integration with CONTRACTOR's Work except
for latent or nonapparent defects and deficiencies in such other
work.
Coordination:
7.4. If OWNER contracts with others for the performance
of other work on the Project at the site, the following will be set
forth in Supplementary COnditions:
7.4.1. the person, firm or corporation who will have
authority and respons~ility for coordination of the activities
among the various prime contractors will be identified;
7.4.2. the specific matters to be covered by such author-
ity and responsibility.will be itemized; and
7.4.3. the extent of Such authority and responsibilities
will be provided.
Unless otherwise provided in the Supplementary Condi-
tions, OWNER shall have sole authority and responsibility in
respect of such coordination.
ARTICLE 8--OWNER'S RESPONSIBILITIES
8.1. Except as otherwise provided in these General Condi-
tions, OWNER shall issue all communications to CONTRAC-
TOR through ENGINEER.
8.2. 'In case of termination of the 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.
8.3. OWNER shall furnish the data required of OWNER
under the Contract Documents promptly and shall make pay-
ments to CONTRACTOR promptly'when~ 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 for*ah in paragraphs 4. I and 4.4. Paragraph
4.2 refers to OWNER's identifying and making available to
CONTRACTOR copies of reports of explorations and tests of
subsurface conditions at the site and drawings of physical
conditions in existing structures at or contiguous to the site that
have been utilized by ENGINEER in preparing the Contract
Documents.
8.5. OWNER's responsibilities in respect of purch, asing
and maintaining liability and property insurance are set forth in
paragraphs 5.5 through 5.10.
8.6. OWNER is obligated to execute Change Orders as
indicated in paragraph 10.4.
8.7. OWNER's respons~ility in respect of certain inspec-
tions, 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 CON-
TRACTOR under certain circumstances.
29
8.9. The OWNER shall not supervise, direct or have
control or a~tthority over, nor be responsible for, CONTRAC-
TOR's means, methods, techniques, sequences or procedures
of construction or the safety precautions and programs incident
thereto, or for any fnilure of CONTRACTOR to comply with
Laws and Regulations applicable to the furnishing or perfor-
mance of' the Work. OWNER will not be responsible for
CONTRAC'I~R's failure to perform or furnish the Work in
accordance with the Contract Documents.
8.10. OWNER'S responsibility in respect of undisclosed
Asbestos, PCBs, P~troleum, H~ous Waste or Radioactive
Materi.~[s uncovered or revealed ar the site is set forth in
par'agmph 4.$.
8.11. If and to the extent OWNER has a~m'eed to furnish
CONTRACTOR reasonable evidence that financial arrange-
ments have been made to satisfy OWNER's obligations under
the Contract Documents, OWNER's responsibility in respect
thereof will be as set forth in the Supplementary Conditions.
observatons of CONTRACTOR's Work ENGINEER will not
supervise, direct, control or have authority over or be respon-
sible for CONTRACTOR's means, methods, techniques, se-
quences or procedures of construction, or the safety precau-
tions and programs incident thereto, or for any failure of
CONTRACTOR to comply with Laws and Regulations appli-
cable to the famishing or performance of the Work.
Project Representative:
9.3. If'OWNER and ENGINEER agree, ENGINEER will
furnish a Resident Project Representative to assist ENGI-
NEER in providing more continuous observation of the Work.
The responsibilities and authority and [imitations thereon of
any such Resident Project Representative and assistants will be
as provided in paragraph 9.13 and in the Supplementary
Conditions. If OWNER designates another representative or
agent to represent OWNER at the site who is not ENGI-
NEER's Consultant, agent or employee, the responsibilities
and authority and limitations thereon of such other person will
be as provided in the Supplementary Conditions.
ARTICLE 9--ENGINEER'S STATUS DURING
CONSTRUCTION
OWNER's Representative:
9.1. ENGINEER will be OWNER's representative during
the construction period. The duties and responsibilities and. the
limitations of authority of ENGINEER as OWNER's repre-
sentative during construction are set forth in the Contract
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 as ENGI-
NEER deems necessary in order to observe as an experienced
and qualified design professional the progress that has been
made and the quality of the various aspects of CO--C-
TOWs executed Work. Based on information obtained during
such visits and observations, ENGINEER will endeavor for
the benefit of OWNER to determine, in general, if the Work is
proceeding in accordance with the Contract Documents. EN-
GINEER will not be required to make exhaustive or continu-
ous on-site inspections to check the quality or quantity of the
Work. ENGINEER's efforts will be directed toward providing
for OWNER a greater degree of confidence that the completed
Work will conform generally to the Contract Documents. On
the basis of such visits and on-site observations, ENGINEER
will keep OWNER informed of the progress of the Work and.
will endeavor to guard OWNER against defective Work. EN-
GINEER's visits and on-site observations are subject to ali the
limitations on ENGINEER's authority and responsibility set
forth in paragraph 9.13, and particularly, but without limitation,
during or as a result of ENGINEER's on-site visits or
Clarifications and Interpretations:
9.a. ENGINEER will issue with reasonable promptness
such written clarifications or interpretations of the require-
ments ot' the Contract Documents (in the t'orm of Drawings or
otherwise) as ENGINEER may determine necessary, which
shall be consistent with the intent of and reasonably inferable
from Contract Documents. Such written clarifications and
interpretations will be binding on OWNER and CONTRAC-
TOR. If OWNER or CONTRACTOR believes that a written
clarification or interpretation justifies an adjustment in the
Contract Price or the Contract Times and the parties are unable
to agree to the amount or extent thereof, if any, OWNER or
CONTRACTOR may make a written claim therefor as pro-
vided in Article l I or Article 12.
Authori~d Variations in Work:
9.5. ENGINEER may authorize minor variations in the
Work from the requirements of the Contract Documents which
do not involve an adjustment in the Contract Price or the
Contract Times and are compatible with the design concept of
the completed Project as a functioning whole as indicated by.
the Contract Documents. These may be accomplished by a
Field Ordei- and will be binding on OWNER and also on
CONTRACTOR who shall perform the Work involved promptly.
If OWNER or CONTRACTOR believes that a Field Order
justifies an adjustment in the Contract Price or the Contract
Times and the parties are unable to agree as to the amount or
extent thereof, OWNER or CONTRACTOR may make a
written claim therefor as provided in Article i I or 12.
Rejecting Defective Work: ~
9.6. ENGINEER will have authority to disapprove or
reject Work which ENGINEER belieyes to be defective, or
thai ENGINEER believes will not produce a completed Project
thai conforms to the Contract Documents or that will prejudice
the integrity of the desig~ concept of the completed'Project as
a functioning whole as indicated by the Contract Documents.
ENGINEER will also have authority to require special inspec-
tion or testing of the Work as provided in paragraph 13.9,
whether or not the Work is Pabricated, installed or completed.
Shop Drawings, Change Order~ and Payments:
9.7. In connection with ENGINEER's authority as to
Shop Drawings and Samples. see paragraphs 6.24 through 6.28
inclusive.
9.8. In connection with ENGiNEER's authority as to
Change Orders, see Articles 10, II, and 12.
9.9. In connection with ENGINEER's authority as to
Applications for Payment, see Article 14.
Determinations for Unit Prices:
9.10. ENGINEER will determine the actual quantities and
classifications of Unit Price Work performed by CONTRAC-
TOR. ENGINEER will review with CONTRACTOR the EN-
GINEER's preliminary determinations on such matters before
rendering a written decision thereon (by recommendation of an
Application for Payment or otherwise). ENGINEER's written
decision thereon will be final and binding upon OWNER and
CONTRACTOR, unless, within ten days after the date of any
such decision, either OWNER or CONTRACTOR delivers to
the other and to ENGINEER writteff notice of intention to
appeal from ENGINEER's decision and: (i) an appeal from
ENGINEER's decision is taken within the time limits and in
accordance with the procedures set forth in Exhibit GC-A,
"Dispute Resolution Agreement," entered into between
OWNER and CONTRACTOR pursuant to Article 16, or (ii) if
no such Dispute Resolution Agreement has been entered into,
a formal proceeding is instituted by the appealing party in a
forum of competent jurisdiction to exercise s~h rights or
remedies as the appealing party may have with respect to
ENGINEER's decision, unless otherwise agreed in writing by
OWNER and CONTRACTOR. Such appeal will not be subject
to the procedures of paragraph 9. I I.
Decia'ions on Disputes:
9.11. ENGINEER will be the initial interpreter of the
requirements of the Contract Documents and judge of the
acceptability of the Work thereunder. Claims, disputes and
other matters relating to the acceptability of the Work or the
interpretation of the requirements of the Contract Documents
pertaining to the performance and furnishing of the Work and
Claims under Articles I I and 12 in respect of changes in the
Contract Price or Contract Times will be referred initially to
ENGINEER in writing with a request for a formal decision in
accordance with this paragraph. Written notice of each such
claim, dispute or other matter will be delivered by the claimant
to ENGINEER and the other party to the Agreement promptly
(but in no event later than thirty days) after the start of' the
occurrence or event giving rise thereto, and written supporting
data will be submitted to ENGINEER and the other party
within sixty days after the start of such occurrence or event
unless ENGINEER allows an additional period of time for the
submission of' additional or more accurate data in support of
such claim, dispute or other matter. The opposing party shall
submit any response to ENGINEER and the claimant within
thirty days after receipt of the claimant's last submittal (unless
ENGINEER allows additional time). ENGINEER will render
a formal decision in writing within thirty days after receipt of
the opposing party's submittal, if any, in accordance with this
paragraph. ENGINEER's written decision on such claim,
dispute or other matter will be final and binding upon OWNER
and CONTRACTOR unless: (i) an appeal from ENGINEER's
decision is taken within the time limits and in accordance with
the procedures set forth in EXHIBIT GC-A, "Dispute Reso-
lution Agreement," entered into between OWNER and CON-
TRACTOR pursuant to Article 16, or (ii) it' no such Dispute
Resolution Agreement has been entered into, a written notice
of intention to appeal from ENGiNEER's written decision, is
delivered by OWNER or CONTRACTOR to the other ~.nd to
ENGINEER within thirty days after the date of such decision
and a formal proceeding is instituted by the appealing party in
a forum of competent jurisdiction to exercise such rights or
remedies as the appealing party may have with respect to such
claim, dispute or other matter in accordance with applicable
Laws and Regulations within sixty days of the date of such
decision, unless otherwise agreed in writing by OWNER and
CONTRACTOR.
9.12. When functioning as interprbter and judge under
paragraphs 9.10 and 9. I 1, 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. The rendering of a decision by
ENGINEER pursuant to paragraphs 9.10 or 9. II with respect
to any such claim, dispute or other matter (except any which
have been waived by the making or acceptance of final
payment as provided in paragraph 14..15) 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 by Laws or Regulations in respect of
any such claim, dispute or other matter pursuant to Article 16.
9.13. Lim;tavions on ENGINEER's Authority and Responsib;t_;s,~_:
9.13.1. Neither ENGINEER's authority or responsibil-
ity under this Article 9 or under any other provision of the
Contract Documents nor any decision made by ENGINEER
in good faith either to exercise.or not exercise such authority
or responsibility or the undertaking, exercise or performance
of any authority or responsibility by ENGINEER shall
create, impose orgive rise to any duty owed by ENGINEER
to CONTRACTOR, any Subcontractor, any Supplier, any
other person or organization, or to any surety for or erin
ployee or agent 6f any of them.
!_ 31
9.13.2. ENGINEER will not supervlse, direct, control
or have authority over or be responsible for CONTRAC-
TOR's means, methods, techniques, sequences or proce-
dures of construction, or the safety precautions and pro-
grams incident thereto, or for any failure of CONTRAC"f~R
to comply with Laws and Regulations applicable to the
furnishing or performance of the Work. ENGINEER will not
be responsible for CONTRACTOR's failure to perform or
furnish the Work in accordance with the Contract Docu-
ments.
19.13.3. ENGINEER will not be responsible for the acts
or omissions of CONTRACTOR or of' any Subcontractor,
any Supplier, or of any other person or organization perform-
ing or furnishing ally Of' the WOrk.
9.13.4.. ENGINEER's review of'the final Application for
Payment and accompanying documentation and ali mainte-
· nance and operating instructions, schedules, guarantees,
bonds and certificates of inspection, tests and approvals and
Other documentation required to be delivered by paragraph
14.1:2 w~! only be to determine gen. erally that their content
complies with the requirements of, and in the case of
certificates of inspections, tests and approvals that the.
results certified indicate compliance with, the Contract Doc-
uments.
9.13.5. The limitations upon authority and responsibility
set forth in this paragraph 9.13 shall also apply to ENGI-
NEER's Consultants, Resident Project Representative and
assistants.
ARTICLE 10---CHANGES IN THE WORK
10.1. Without invalidating the Agreement and without
notice to any surety, OWNER may, at any time or from time
to time, order additions, deletions or revisions in the Work.
Such additions, deletions or revisions will be authorized by
a. Written Amendment, a Change Order, or a Work Change
Directive..Upon receipt of any such document, CONTRAC-
TOR shall promptly proceed with the Work involved which
will be performed under the applicable conditions of the
Contract Documents (except as otherwise specifically pro-
vided).
10.2. If OWNER and CONTRACTOR are unable to agree
as to the extent, if any, of an adjustment in the Contract Price
or an adjustment of the Contract Times that should be allowed
as a result of a Work Change Directive, a claim may be made
therefor as provided in Article I l or Article 12. :
10.3. CONTRACTOR shall not be entitled to an increase in
the Contract Price or an extension of the Contract Times with
respect ~o any Work performed that is not required by the
Contract Documents as amended, modified and supplemented
as provided in paragraphs 3.5 and 3.6 except in the case of an
emergency as provided in paragraoh 6.23 or in the case or'
uncovering Work as provided in paragraph 13.9.
32
10.4. OWNER and CONTRACTOR shall execute appro-
priate Change Orders recommended by ENGINEER (or Writ-
ten Amendments) covering:
10.4.1. changes in the Work which are (i) ordered by
OWNER pursuant to paragraph I0.1, (ii) required because of
acceptance of defective Work under paragraph 13.13 or
correcting defective Work under paragraph 13.14, or (iii)
agreed to by the parties;
10.4.2. changes in the Contract Price or Contract Times
which are agreed to by the parties; and
10.4.3.. changes in the Contract Price or Contract Times
wh[ch embody the substance of any written decision ren-
dered by ENGINEER pursuant to paragraph 9. I I;
provided that, in lieu of executing any such Change Order, an
appeal may be taken from any such decision in accordance
with the provisions of the Contract Documents and applicable
Laws and Regulations, but during any such appeal, CON-
TRACTOR shall carry on the Work and adhere to the progress
schedule as provided in paragraph 6.29.... .
10.5. If notice of any change affecting the general scope of
the Work or the provisions of the Contract Documents (includ-
ing, but not limited to, Contract Price or Contract Times) is
required by the provisions of any Bond to be given to a surety;
the giving of'any such notice will be CONTRACTOR's respon-
sibility, and the amount of each applicable Bond will be
adjusted accordingly.
ARTICLE I 1--CHANGE OF CONTRACTr PRICE
i I.[. The Contract Price constitutes'the total compensa-
tion (subject to authorized adjustments) payable to CON-
TRACTOR for performing the Work. All duties, responsibili-
ties and obligations assigned to or undertaken by CO NTRAC'rOR
shah be at CONTRACTOR's expense without change in the
Contract Price.
I 1.2. The Contract Price may only be changed by a Change
Order or by a Written Amendment. Any claim for an adjust-
ment in the Contract Price shall be based on written notice
delivered by the party making the claim to the other party and
to ENGINEER promptly (but in no event later than thirty
days) after the start of the occurrence or event giving rise to the
claim and stating the general nature of the claim. Notice of the
amount of the claim with supporting data shall be delivered
within sixty days after the start of such occurrence or event
(unless ENGINEER allows additional time for claimant to
submit additional or more accurate data in support of the claim)
and shall be accompanied by claimant's' written statement that
the adjustment claimed covers all known amounts to which the
claimant is entitled as a result of said occurrence or event. All
claims for adjustment in the Contract Price shall be determined
by ENGINEER in accordance with paragraph 9.11 if OWNER
and CONTRAC-q"OR cannot otherwise agree on the amouht
involved. No claim for an adjustment in the Contract Price' will
be valid if not submitted in accordance with this pm-a&raph
11.2.
11.3. The value of any Work covered by a Change Orderor
of any claim for an adjustment in the Contract Price will be
determined as follows:
· 11.3. I. where the Work involved is covered by unit
pdces contained in the Contract Documents, by application
of such unit pdces to the quantities, of the items involved
(subJect to the provisions of paragraphs !1.9.1 through
11.9.3, inclusive);
11.3.2. where the Work involved is not covered by unit
prices contained in the Contract Documents, by a mutually
agreed lump sum (which may include an allowance for
overhead and profit not necessarily in accordance with
paragraph 11.6.2);
11.3.3. where the Work involved is not covered by unit
prices contained in the Contract Documents and agreement
to a lump sum is not reached under paragraph 11.3.2, on the
basis of the Cost of the Work (determined 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).
Co~t o.f t~ Work:
i 1.4. The term Cost of the Work means the sum of all costs
necessarily incurred and paid b)' 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.$:
11.4. I. 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. Such employees shall include without lim-
itation superintendents, foremen and other personnel em-
ployed full- time at the site. Payroll costs for employees not
employed full time on the Work shall be apportioned 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, work-
ers' compensation, health and retirement benefits, bonuses,
sick leave, vacation and holiday pay applicable thereto. The
expenses of performing Work after regular working hours,
on Saturday, Sunday or legal holidays, shall be included in
the above to the extent authorized by OWNER.
11.4.2. Cost of all materials and equipment furnished and
incorporated in the Work, including costs or' transportation
and storage thereof, and Suppliers' field services required in
connection therewith. All cash discounts shall accrue to
CONTRACTOR unless OWNER deposits funds with CON-
TRACTOR with which to make payments, in which case the
cash.discounts shall accrue to OWNER. All trade discounts,
rebates and refunds and returns from sale of surplus materi-
als and equipment shall accrue to OWNER, and CON-
TRACTOR shall make provisions so that they may be
obtained.
! 1.4.3. Payments made by CONTRACTOR to the Sub-
contractors for Work performed or furnished by Subcontrac-
tors. If required by OWNER, CONTRACTOR shall obtain
competitive bids from subcontractors acceptable to OWNER
and CONTRAC'I~R and shall deliver such bids to OWNER
who will then determine, with the advice of ENGINEER,
which bids, if any, will be accepted. If any 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 and fee shall be determined in the same manner as
CONTRACTOR's Cost of the Work and fee as provided'in
paragraphs I 1.4, ! 1.5, 1 !.6 and 11.7. All subcontracts shall
be subject to the other provisions of the Contract Documents
insofar as applicable.
11.4.4. Costs of special cqnsultants (including but not.
limited to engineers, architects, testing laboratocies, survey-
ors, attorneys and accountants) employed for services spe-
cifically related to the Work.
11.4.$. Supplemental costs including the following:
I 1.4..s.I. The proportion of necessary transportation,
travel and subsistence expenses of CONTRACTOR's em-
ployees incurred in discharge of duties connected with the
Work.
11.4.$.2. Cost, including transportation and mainte-
nance, of all materials, supplies, equipment, machinery,
appliances, office and temporary facilities at the site and
hand tools not owned by the workers, which are con-..
sumed in the performance of the Work, and cost less
market value of such items used but not consumed which
remain the property of CONTRACTOR.
11.4.5.3. Rentals of all construction equipment and
machinery and the parts thereof whether rented from
CONTRACTOR or others in accordance with rental agree-
ments approved by OWNER with the advice of ENGI-
NEER, and the costs of transportation, loading, unload-
ing, installation, dismantling and removal thereof--all in
accordance with the 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.
I 1.4.5.4. Sales, consumer, use or similar taxes related
to the Work, and for which CONTRACTOR is liable,
imposed by Laws and Regulations.
! 1.4.5.5. Deposits lost for causes other than negli-
gence of CONTRACTOR, any Subcontractor or anyone
directly or indirectly employed by any of them or for
whose acts any of them may be liable, and royalty
payments and fees for permits and licenses.
I 1.4.5.6. Losses and da. ma&es (and related expenses)
caused by damage to the Work, not compensated by
insuraace or otherwise, sustaJned by. CONTRACTOR in
connection with the performance and furnishing of the
Work (except losses and damages within the deduc6ble
amounts of property insurance established by OWNER in
accordance with paragraph $.9}, provided they have re-
sulted fi'om causes other than the negJigence of CON-
TRACTOR, any Subcontractor, or anyone directly or
indirectly employed by any of them or for whose acts any
of them may be liable. Such losses shall include set'de-
ments made with the written consent and approval of
OWNER. No such losses, damages and expenses shall be
included in the Cost of the Work for the purpose of
determining CONTRACTOR's fee. if, however, any such
loss or damage requires reconstruction and CONTRAC-
TOR is placed in charge thereof, CONTRACTOR shall be
paid for services a fee proportionate to that stated in
paragraph 1 t.6.2.
· I 1.4.$.7. The cost of utilities, fuel and sanitary facili-
ties at the site.
! i.4.5.8. Minor expenses such as telegrams, long dis-
tance telephone calls, telephone service at the site, ex-
pressage and similar petty cash items in connection with
the Work.
11.4.5.9. Cost of Premiums 'for additional Bonds and
insurance required be;:ause of changes in the Work.
1 !.5. The term Cost of the Work shall not include any of
the following:
1 !.5. I. Payroll costs and other compensation of CON-
TRACTOR's officers, executives, principals (of partnership
and sole proprietorships), general managers, engineers, ar-
chitects, est/mazors, attorneys, auditors, accountants, pur-
chasing an~ contracting agents, expediters, timekeepers,
clerks and other personnel employed by cONTRACTOR
whether at the site or in CONTRACTOR's principal o~ a
branch office for genera/administration of the Work and not
specLqcally included in the agreed upon schedule of job
class/heat/ohs referred to in paragraph 1 i.4. I or specifically
covered by paragraph I 1.4.4--all of which are to be consid-
ered 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.
! !.5.3. Any part of CONTRACTOR's capital expenses,
including interest on CONTRACTOR's capital employed for
the Work and charges against CONTRACTOR for delin-
quent payments.
11.5.4. Cost of premiums for all Bonds and for all
insurance whether or not CONTRACTOR is required by the
Contract Documents to purchase and maintain the same
(except for the cost of premiums covered by subparagraph
11.4.5.9 above).
- 11.5.5. Costs due to the negligence of CONTRAC-
TOR, any Subcontractor, or anyone directly or indi-
rectly employed by any of them or for whose acts any
of them may be liable, including but not limited to, the
correction of d~£ectiv¢ Work, disposal of materials or
equipment wrongly supplied and making good any
damage to property.
Other overhead or general expense costs of any kind
and the costs of any item not specifically and expressly
included in paragraph II.4.
I 1.6. The CONTRACTOR's fee allowed to CONTRAC-
TOR toe overhead and profit shall be determined as follows:
11.6.1. a mutually acceptable fixed fee; or
I 1.6.2. if a fixed fee is not agreed upon, then a fee
based on the following percentages of the various
portions of the Cost of the Work:
11.6.2. I. for costs incurred under paragraphs I 1.4. l
and 11.4.2, the CONTRACTOR's fee shall be fifteen.
percent;
il.6.2.2, for costs incurred under paragraph 11.4.3,
the CONTRACTOR's fee shall be five percent;
I ~.6.2.3. where one or more tiers of subcontracts are
on the basis of'Cost of the Work plus a fee and no fixed fee
is agreed upon, the intent of paragraphs 11.4. I, 11.4.2,
11.4.3 and 11.6.2 is that the Subcontractor who actually
performs or furnishes the Work, at whatever tier, will be
paid.a tee of fifteen percent of the costs incurred by such
Subcontractor under paragraphs 11.4. l and 11.4.2 and that
any higher tier Subcontractor and'CONTIL~.CTOR will
each be paida fee of five percent of the amount paid to the
next lower tier Subcontractor;
i 1.6.2.4. no fee shall be payable on the basis of costs
itemized under paragraphs 11.4.4, I 1.4.5 and 11.5;
11.6.2.5. the amount of credit to be allowed by CON-
TRACTOR to OWNER for any change which results i.-. a
net decrease in cost will be the amount of the actual net
decrease in cost plus a deduction in CONTRACTOR's fee
by an amount equal to five percent of such net decrease;
and
I !.6.2.6.~ when both additions and credits are involved
in any one change, the adjustment in CONTRACTOR's
fee shall be computed on the basis of the net change in
accordance with paragraphs I 1.6.2. I through ! 1.6.2.$,
inclusive.
I 1.7. Whenever the cost of any Work is to be determined
pursuant to paragraphs 11.4 and 11.5, CONTRACTOR will.
establish and mainta/n records thereof in accordance with
generally accepted accounting practices and submit in form
acceptable to ENGINEER an itemized cost breakdown to-
gether with supporting data.
Cazh Allowances:
11.8. 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 fur-
nished and performed for such sums as may be acceptable to
OWNER and ENGINEER. CONTRACI'OR agrees that:
11.8. I. the allowances include the cost to CONTRAC-
TOR (less any applicable trade discounts) of materials and
equipment required by the allowances to be delivered at the
site, and all applicable taxes; and '.
!1.8.2. CONTRACTOR's costs for unloading and han-
dling on the site, labor, installation costs, overhead, profit
and other expenses contemplated for the allowances have
been included in the Contract Price and not in the allowances
and no demand for additional payment on account of any of
the foregoing will be valid.
Prior to final payment, an appropriate Change Order will be
issued as recommended by ENGINEER to reflect actual
amounts due CONTRACI~R on account of Work covered by
allowances, and the Contract Price shall be correspondingly
adjusted.
11.9. Unit Price Work:
11.9.1. Where the Contract Documents provide that all
or part of the Work is to be Unit Price Work, initially the
Contract Price will be deemed to include for all Unit Price
Work an amount equal to the sum of the established unit
price for each separately identified item of Unit Price Work
times the estimated quantity of each item as indicated in the
Agreement. The estimated quantities of items of Unit Price
Work are not guaranteed and are solely for the purpose of
comparison of Bids and determining an initial Contract
Price. Determinations of the actual quantities and classifica-
tions of Unit Price Work performed by CONTRACTOR will
be made by ENGINEER in accordance with paragraph 9.10.
11.9.2. Each unit price will be deemed to include an
amount considered by CONTRACTOR to be adequate to
cover CONTRACTOR's overhead and profit for each sepa-
rately identified item.
11.9.3. OWNER or CONTRACTOR may make a claim
for an adjustment in the Contract Price in accordance with
Article II if:
11.9.3. I. the quantity of any item of Unit Price Work
performed by CONTRACTOR differs materially and sig-
nificantly from the estimated quantity of such item indi-
cated in the Agreement; and
11.9.3.2. there is no corresponding adjustment with
respect to any other item of Work; and
11.9.3.3. if CONTRACTOR believes that CONTRAC-
TOR is entitled to an increase in Contract Price as a result
of having incurred additional expense or OWNER be-
lieves that OWNER is entitled to a decrease in Contract
Price and the parties are unable to agree as to the amount
of any such increase or decrease.
ARTICLE 12--CHANGE OF CONTRACT TIMES
12. I. The Contract Times (or Milestones) may only be
changed by a Change Order or a Written Amendment. Any
claim for an adjustment of the Contract Times (or Milestones)
shall be based on written notice delivered by the party making
the claim to the other party and to ENGINEER promptly (but
in no event later than thirty days) after the occurrence of the
event giving rise to the claim and stating the general nature of
the claim. Notice of the extent of the claim with supporting
data shall be delivered within sixty days after such occurrence
(unless ENGINEER allows an additional period of time .to
ascertain more accurate data in support of the claim) and sh~l
be accompanied by the claimant's written statement that the
adjustment claimed is the entire adjustment to which the'
claimant has reason t° believe it is entitled as a result of the
occurrence of said event. All claims for adjustment in the
Contract Times (or Milestones) shall be determined by ENGI-
NEER in accordance with paragraph 9.11 if OWNER and
CONTRAC'I~R cannot otherwise agree. No claim for an
adjustment in the Contract Times (or Milestones) will be valid
it' not submitted in accordance with the requirements of this
paragraph 12.1.
12.2. All time limits stated in the Contract Documents are
of the essence of the Agreement.
12.3. Where CONTRACTOR is prevented from complet-
ing any part of' the Work within the Contract Times (or
Milestones) due to delay beyond the control of CONTRAC-
TOR, the Contract Times (or Milestones) will be extended in an
amount equal to the time lost due to such delay if a claim is
made therefor as provided in paragraph 12.1. Delays beyond
the control of CONTRAC'IOR shall include, but not be limited
to, acts or neglect by OWNER, acts or neglect of'utility owners
or other contractors performing other work as contemplated by
Article 7, fires, floods, epidemics, abnormal weather condi-
tions or acts of God. Delays attributable to and within the
control of a Subcontractor or Supplier shall be deemed to be
delays within the control of CONTRACTOR.
12.4. Where CONTRACTOR is prevented from complet-
ing any part of the Work within the Contract Times (or
Milestones) due to delay beyond the control of both OWNER
and CONTRACTOR, an extension of the Contract Times (or
Milestones) in an amount equal to the time lost due to such
delay shall be CONTRACTOR's sole and exclusive remedy for ·
such delay. In no event shall OWNER be liable to CONTRAC-
TOR, any Subcontractor, any Supplier, any other person or
organization, or to any surety for or employee or agent of any
of them, for damages arising out of or resulting from (i) delays
caused by or within the control of CONTRACTOR, or (iD
delays beyond the control of both parties including but 'not
limited to fires, floods, epidemics, abnormal weather condi-
tions, act~ of God or acts or neglect by utility owners or
other contractors performing other work as contemplated by
Article 7.
ARTICLE 13---TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR
ACCEPTANCE OF O£FECTfV£ WORK
13.1.' Notice of Defects: Prompt notice of all defective
Work of which OWNER or ENGINEER have actual knowb
edge will be given to CONTRACTOR. All defective Work
may be rejected, corrected or accepted as provided in this
Article 13.
Acce~ to Work.'
13.2. OWNER, ENGINEER, ENGINEER's Consultants,
other representatives and personnel of OWNER, indePendent
testing laboratories and governmental agencies with juffsdic-
tiona~ interests will have access to the Work at reasonable times
for their observation, inspecting and testing. CONTRACTOR
shall provide them proPer and safe conditions for such access
and advise them of CONTRACTOR's site safety procedures
and programs so that they may comply therewith as applicable.
Test~ and ln~ec2ion~:
13.3. CONTRACTOR shall give ENGINEER timety no-
tice of readiness of the Work For all required inspections, tests
or approvals, and shall cooperate with inspection and testing
personnel to facilitate required inspections or tests.
13.4. OWNER shall employ and pay for the services of an
independent testing laboratory to perform all inspections, tests'
or approvals required by the Contract Documents except:
13.4.1. for inspections, tests or approvals covered by
paragraph 13.5 below;
13.4.2. that costs incurred in connection with tests or
inspections conducted pursuant to paragraph 13.9 below
shall be paid as provided in said paragraph 13.9; and
13;4.3. as otherwise specifically provided in the Con-
tract Documents.
13.5. If Laws or Regulations of any public body having
jurisdiction require any Work (or part thereof) specifically to be
inspected, tested or approved by an employee or other repre-
sentative of such public body, CONTRACTOR shall assume
full responsibility for arranging and obtaining such inspections,
tests or approvals, pay all costs in connect/on therewith, and
furnish ENGINEER the required certificates of inspection, or
approval. CONTRACTOR shall also be responsible for arrang-
!rig and. obtaining and shall pay all costs in connect/on with any
~nspectxons, tests or approvals required for OWNER's and
ENGINEER's acceptance of materials or equipment to be
incorporated in the Work, or of materials, mix designs, or
equipment submitted for approval prior to CONTRACTOR's
purchase thereof for incorporation in the Work.
13.6. If any Work (or the work of others) that is to be
inspected, tested or approved is covered by CONTRACTOR
without written concurrence of ENGINEER, it must, if re-
quested by ENGINEER, be uncovered for observation.
13.7. Uncovering Work as provided in paragraph 13.6 shall
be at CONTRACTOR's expense unless CONTRACTOR has
given ENGINEER timely notice of CONTIL'kCTOR's inten-
tion to cover the same and ENGINEER has not acted with
reasonable promptness in response to such notice.
Uncovering Work:
13.8. If any Work is covered contrary to the written request
of ENGINEER, it must, if requested by ENGINEER, b6
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 inspected
or tested by others, CONTRACTOR, at ENGINEER's
quest, shall uncover, expose or otherwise m2zke available for
observation, inspection or testing as ENGINEER may require,
that portion of the Work in question, furnishing all necessary
labor, material and equipment. If it is found that such Work
defective, CONTRACTOR shall pay all claims, costs, losses
· and damages caused by, arising.out of or resulting from such
uncovering, exposure, observation, inspection and testing and
of satisfactory replacement or reconstruction (including but not
limited to all costs of repair or replacement of work of others);
and OWNER shall be entitled to an appropriate decrease in the '
Contract Price, and, if the parties are unable to agree as' to the
amount thereof, may make a claim therefor as provided in
Article I I. If, however, such Work is not found to be defective,
CONTRACTOR shall be allowed an increase in the Contract
Price or an extension of the Contract Times (or Milestones), or
both, directly attributable to such uncovering, exposure, ob-
servation, inspection, testing, replacement and reconstruction;
and, if the parties'are unable to agree as to the amount or extent '
thereof, CONTRACTOR may make a claim therefor as pro.
vialed in Articles I l and 12. '
OWNER May Stop the Work:
13.10. If the Work is defective, Or CONTRACTOR fails to
supply sufficient skilled workers or suitable materials or equil>-
ment, or fails to furnish or perform the Work in such a way that
the completed Work will conform to the Contract Documents,
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 CONTRACTOR or any
surety or other party.
Correction or Removal of Defective Work:
13.11. If required by ENGINEER, CONTRACTOR shall
promptly, as directed, either correct all defective Work, whether
or not fabricated, installed or completed, or, if the Work has
been rejected by ENGINEER, remove it from the site and
replace it with Work that is not defective. CONTRACTOR shall
pay all claims, costs, losses and damages caused by or resulting
from such correction or removal (including but not limited to all
costs of repair or replacement of work of others).
13.12. Correction Period:
13.12.1. If within one year after the date of Substantial
Completion or such longer period of time as may be pre-
scribed by Laws or Regulations or by the terms of any
applicable special guarantee required by the Contract Doc-
uments or by any specific provision of the Contract Docu-
ments, any Work is found to be defective, CONTRACTOR
shall promptly, without cost to OV~NER and in accordance
with OWNER's written instructions: (i) correct such defec-
tive Work, or, if it has been rejected by OWNER, remove it
from the site and replace it with Work that is not defective,
and (ii) satisfactorily correct or remove and replace any
damage to other Work or the work of others resulting
therefrom. 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 claims, costs,
losses and damages caused by or resulting from such re-
moval and replacement (including but not limited to all costs
of repair or replacement of work of others) will be paid by
CONTRACTOR.
13.12.2. In special circumstances where a particular item
of equipment is placed in continuous service before Substan-
tial Completion of all the Work, the correction period for that
item may start to run from an earlier date if so provided in
the Specifications or by Written Amendment.
13.12.3. Where defective Work (and damage to other
Work resulting therefrom) has been corrected, removed or
replaced under this paragraph 13.12, the correction period
hereunder with respect to such Work will be extended for an
additional period of one year after such correction or re-
moral and replacement has been satisfactorily completed.
Acceptance of Defective Work:
13.13. If, instead of requiring correction or removal and
i~placement of defective Work, OWNER (and, prior to ENGI-
NEER's recommendation of final payment, also ENGINEER)
. prefers to accept it, OWNER may do so. CONTRACTOR shall
37
pay all cia/ms, costs, losses and damages attributable to
OWNER's evaluation of and determination to accept such
defective Work (such costs to be approved by ENGINEER as
to reasonableness). If any such acceptance occurs pdor to
ENGINEER's recommendation of final payment, a Change
Order will be issued incorporating the necessary revisions in
the Contract Documents with respect to the Work; and OWNER
shall be entitled to an appropriate decrease in the Contra~t
Price, and, if the parties are unable to agree as to the amount
thereof, OWNER may make a claim therefor as provided in
Article 1 I. If the acceptance occurs al~er such recommenda-
tion, an appropriate amount will be paid by CONTRACTOR to
OWNER.
OWNER May Correct Defective Work:
13. la. If CONTRACTOR fails within a reasonable time
after written notice from ENGINEER to correct defective
Work or to remove and replace rejected Work as required by
ENGINEER in accordance with paragraph 13.11, or if CON-
TRACTOR fails to perform the Work in accordance with the
Contract Documents, or if CONTRACTOR fails to comply.
with any other provision of the Contract Documents, OWNER
may, after seven days' written.notic& to CONTRACTOR,
correct and remedy any such deficiency. In exercising the
rights and remedies under this paragraph OWNER shall pro-
ceed expeditiously. In connection with such 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 suspend CONTRACTOR's services related thereto, take
possession of CONTRACTOR's tools, appliances, construc-
tion 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 CONT1L~.CTOR but which are stored
elsewhere. CONTRACTOR shall allow OWNER, OWNER's
representatives; agents and employees, OWNER's other con-
tractors and ENGINEER and ENGINEER's Consultants ac-
cess to the site to enable OWNER to exercise the rights and
remedies under this paragraph. All claims, costs, losses and
damages .incurred or sustained by OWNER in exercising such
rights and remedies will be charged against CONTRACTOR
and a Change Order will be issued incorporating the necessary
revisions in the Contract Documents with respect to the Work;
and OWNER shall be entitled to an appropriate decrease in the
Contract Price, and, if the parties are unable to agree as to the
amount thereof, OWNER may make a claim therefor as
provided in Article 1 I. Such claims, costs, losses and damages
will include but not be limited to all costs of repair or replace-
ment of work of othem destroyed or damaged by correction,
removal or replacement of CONTRACTOR's defective Work.
CONTRACTOR shall not be allowed an extension of the
Contract Times (or Milestones) because of any delay in the
performance of the Work attributable to the exemise by OWNER
of OWNER's rights and remedies hereunder.
ARTICLE 14--PAYMENTS TO CONTRACTOR AND
COMPLETION
Schedule of Values:
I~..1. The schedule of values established aa provided in
paragraph 2.9 will serve as the basis for progress payments and
will be incorporated into a form of Application for Payment
acceptable to ENGINEER. Progress payments on account of
Unit Price Work will be based on the number of units com-
pleted.
Application for Progress Payment..
14.2. At least twenty days before the date established for
each progress payment (but not more. often than once a
month), CONTRACTOR shall submit to ENGINEER for
review 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. If
payment is requested on the basis of materials and equip-
ment 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 a
bill of saJe, invoice or other documentation warranting that
OWNER has received the materials and equipment free and
clear of all Liens and evidence that the materials and
equipment are covered by appropriate property insurance
and other arrangements to protect OWNER's interest therein,
ali of which will be satisfactory to OWNER. The amount of
retainage with respect to progress payments will be as
stipulated in the Agreement.
CONTRACTOR's Warranty of Title:
14.3. CONTRACTOR warrants and guarantees that title to
all Work, materials and equipment covered by any Application
- for Payment, whether incorporated in the Project or not, will
pass to OWNER no later than the time of payment free and
clear of all Liens.
Revizw of ApplicaEons for Progress Payment:
14.4. ENGINEER will, within ten days after receipt of
each Application for Payment, either indicate in writing a
recommendation 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. Ten
days after presentation of the Application for Payment t~
OWNER with ENGINEER's recommendation, the araount
recommended will (subject to the provisions of the last sen-
tence of paragraph 14.7) become due and when due will be paid
by OWNER to CONTRACTOR.
14.5. ENGINEER's recommendation of any payment re-
quested in an Application for Payment will constitute a repre-
sentation by ENGINEER to OWNER, based on ENG INEER'a
on-site observations of the executed Work as an experienced
and qualified design professional and on ENGINEER's review
of the Application for Payment and the accompanying data and
schedules, that to the best of ENGINEER's knowledge, infor-
mation and belief:
38
14.5.1. the Work has progressed to the point indicated,
14.5.2. the quality of the Work is generally in accor-
dance with the Contract Documents (subject to an evalu-
ation of the Work as a functioning whole prior to or upon
Substantial Completion, to the results of any subsequent
tests called for in the Contract Documents, to a final
determination of quantities and classifications for Unit
Pr/ce Work under pas-agraph 9.10, and to any other quali-
fications stated in the recommendation), and
la.5.3, the conditions precedent to CONTRACTOR,s
being entitled to such payment appear to have beer~
fulfilled in so far as. it is ENGINEER's responsibility to
observe the Work.
However. by recommending any such payment ENGINEER
will not thereby be deemed to have represented that: (D
exhaustive or continuous on-site inspections have been made
to check the quality or the quantity of the Work beyond the
responsibilities specifically assigned to ENGINEER in the
Contract Documents or (ii) that there may not be other matters
or issues between the paA'ies that might entitle CONTRAC-
TOR to be paid additionally by OWNER or entitle OWNER to
withhold payment to CONTRACTOR.
14.6. ENGINEER's recommendation of any payment, in-
cluding final payment, shall not mean that ENGINEER is
responsible for CONTRACTOR's means, methods, techniques,
sequences or procedures of construction, or the safety precau-
tions and programs incident thereto, or for any failure of
CONTRACTOR to comply with Laws and .Regulations appli-
cable to the furnishing or performance of Work, or for any
failure of CONTRACTOR to perform or furnish Work in
accordance with the Contract Documents.
14.7. ENGINEER may refuse to recorrunend the whole or
any part of any payment if, in ENGINEER's opinion, it would
be incorrect to make the representations to OWNER referred
to in paragraph 14.5. ENGINEER may also refuse to recom-
mend any such payment, or, because of subsequently discov-
ered evidence or the results of subsequent inspections or tests,
nullify any such payment previously recommended, 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. the Contract Pr/ce has been reduced by Writ-
ten Amendment or Change Order,
14.7.3. OWNER has been required to correct defec-
tive Work or complete Work in accordance with paragraph
13.14, or
14.7.4. ENGINEER has actual knowledge of the oc-
currence of any of the events enumerated in paragraphs
15.2.1 through 15.2.4 inclusive.
OWNER may refuse to make payment of the full amount
recommended by ENGINEER because:
14.7.5. claims have been made against OWNER on
account of CONTRACTORs performance or furnishing of
the Work,
14.7.6. Liens have been filed in connection with the
Work, except where CONTRACTOR has delivered a
specific Bond satisfactory to OWNER to secure the
satisfaction and discharge of such Liens,
ENGINEER in writing prior to ENGiNEER's issuing thc
definitive certificate of Substantial Comp[eton, ENGINEER's
aforesaid recommendation will be binding on OWNER and
CONTRACTOR until final payment.
14.7.7. there are other items entitling OWNER to a
set-off against the amount recommended, or
14.7.8. OWNER has actual knowledge of the occur-
rence of any of the events enumerated in paragraphs
14.7.1 through 14.7.3 or paragraphs 15.2.1 through 15.2.4
inclusive; ·
14.9. OWNER shall have the fight to exclude CONTRAC-
TOR from the Work after the date of Substantial Completion,
but OWNER shall allow CONTRACTOR reasonable access to
complete or correct items on the tentative list.
Partial U ' "alica~n:
but OWNER must give CONTRACTOR immediate written
notice (with a copy to ENGINEER) stating the reasons for
such action and promptly pay CONTRACTOR the amount so
withheld, or any adjustment thereto agreed to by OWNER and
CONTRACTOR, when CONTRACTOR corrects to OWN-
ER's satisfaction the reasons for such action.
Subsbxnti~ Completion:
14.8. When CONTRACTOR considers the entire Work
ready for its intended use CONTRACTOR shall notify OWNER
and ENGINEER in writing that the entire Work is substantially
complete (except for items specifirally listed by CONT1L&C-
TOR as incomplete) and request that ENGINEER issue a
certificate of Substantial Completion. Within a reasonable time
thereafter, OWNER, CONT1L~.CTOR and ENGINEER shall
make an inspection of the Work to determine the status of
completion. If ENGINEER does not consider the Work sub-
stantially complete, ENGINEER will notify CONTRACTOR
in writing giving the reasons therefor. If ENGINEER considers
the Work substantially complete, ENGINEER will prepare and
deliver to OWNER a tentative certificate of Substantial Com-
pletion which shall fix the date of `substantial Completion.
There shall be attached to the certificate a tentative list of items
to be completed or corrected before final payment. OWNER
shall have seven days after receipt of the tentative certificate
during which to make written objection to ENGINEER as to
any provisions of the certificate or' attached list. If, after
considering such objections, ENGINEER 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 the reasons
therefor. If, after consideration of OWNER's objections, EN-'.
GINEER considers the Work substantially complete, ENGI-
NEER will within said fourteen days execute and deliver to
OWNER and CONTRACTOR a definitive certificate of `sub-
stantial Completion (with a revised tentative list of items to be'
completed or corrected) reflecting such changes from the
tentative certificate as ENGINEER believes justified 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 CONTRACTOR a
written recommendation as to division of responsibilities pent-.
lng final payment between OWNER and CONTRACTOR with
respect to security, operation, safety, maintenance, heat, utili-
ties, insurance and warranties and guarantees. Unless OWNER
and CONTRACTOR agree otherwise in writing and so inform
14.10. Use by OWNER at OWNER's option of any sub-
stantially completed part of the Work which: (i) has specifically
been identified in the Contract Documents, or (ii) OWNER,
ENGINEER and CONTRACTOR agree constitutes a sepa-
rately functioning and usable pa~ of the Work that can be used
by OWNER for its intended purpose without significant inter-
ference with CONTRACTOR's performance of the remainder
of the Work, may be accomplished prior to Substantial Com-
pletion of all the Work subject to the following:
14.10.1. OWNER at any time may request CON-'
TRACTOR in writing to permit OWNER to use soy such
part of the Work which OWNER believes to be ready for
its intended use and substantially complete. If CON-
TRACTOR agrees that such part of the Work is substan-
tially complete, CONTRACTOR will certify to OWNER
and ENGINEER that such part of the Work is substan-
tially complete and request ENGINEER to issue a certif-
icate of Substantial Completion .for that part of the Work.
CONTIL~.CTOR at any time may notify OWNER and
ENGINEER in writing that CONTKACTOR considers
any such part of the Work ready for its intended use and
substantially complete and reque.s.t ENGINEER to issue a
certificate of `substantial Completion for that part of the
Work. Within a reasonable time a~er either such request,
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, ENGI-
NEER will notify OWNER and CONTRACTOR in writ-
ing giving the reasons therefor. If ENGINEER considers
that part of the Work to be substantially complete, the
provisions of paragraphs 14.8 and 14.9 will apply with
respect to certification of Substantial' Completion of that
part of the Work and the ri-vision of responsibility in
respect thereof and access thereto.
14.10.2. No occupancy or separate operation of part
of the Work will be accomplished prior to compliance with
the requirements of paragraph 5.15 in respect of property
insurance.
· Fined Inspection:
14.1 I. Upon written notice from CONTRACTOR that the
entire Work or an agreed portion thereof is complete, ENGI-
NEER will make a final inspection with OWNER and CON-.
TRACTOR and will notify CONTRACTOR in writing of ail
part/cular~ in which this inspection reveals that the Work is
incomplete or defective. CONTRACTOR shall immediately
take such measures as are necessary to complete such Work or
remedy such deficiencies.
Final Application for Payment:
14.12. After CONTRACTOR has completed all such cor-
rections to the satisfaction of ENGINEER and delivered in
accordance with the Contract Documents all maintenance and
operating instructions, schedules, guarantees, Bonds, certifi-
cates or other evidence of insurance required by paragraph 5.4,
certificates of inspection, marked;up record documents (as
provided in paragraph 6.19) and other documents. CONTRAC-
TOR may make application for final payment following the
procedure for progress payments. The final Application for
Payment shall be accompanied (except as previously delivered)
by: (i) all documentation called t'or in the Contract Documents,
including but not limited to the evidence of insurance required
by subparagraph 5.4.13, (ii) consent of the surety, if any, to final
payment, and (ii0 complete and legally effective releases or
waivers (satisfactory to OWNER) of all Liens arising out of or
fi[ed in connection with the Work. In lieu of such releases or
waivers of Liens and as approved by OWNER, CONTRAC-
TOR may furnish receipts or re[eases in fuji and an affidavit of
CONTRACTOR that: (i) the releases and receipts include all
labor, services, material and equipment for which a Lien could
be filed, and (ii) all 'payrolls, material and equipment bills and
other indebtedness Connected with the Work for which OWNER
or OWNER's property might in any way be responsible have
been paid or otherwise satisfied. If any Subcontractor or
Supplier fails to furnish such a release or receipt in full,
CONTRACTOR may furnish a Bond or other collateral satis-
factory to OWNER to indemnify OWNER against any Lien.
Final Payment and Acceptance:
CONTRACTOR.
14.14. If, through no fault of CONTRACTOR, final com-
pletion of the Work is significantly delayed and if ENGINEER
so confirms, OWNER shall, upon receipt of CONTRACTOR's
final Application for Payment and recommendation of ENGI-
NEER, and without terminating the Agreement, make pay-
ment 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 ~u[ly completed or corrected is less than
the retainage stipulated in the Agreement, and if Bonds have
been furnished as required in paragraph 5.1, the written con-
sent of the surety to the payment of the balance due for that '
po~on of the Work fully completed and accepted shah be
submitted by CONTRACTOR ~o ENGINEER with the Appli-
cation for such payment. Such payment shall be made under
the terms and conditions governing final payment, except that
it shall not constitute a waiver of claims.
Waiver of Claims:
14.15. The making ~nd acceptance of final payment will
constitute:
14.15.1. a waiver of all claims by OWNER against
CONTRACTOR, except claims arising from unsettled Liens,
from defective Work appearing after final inspection pursu-
ant to paragraph 14.11, from failure to comply with the
Contract Documents or the terms of any special guarantees
specified therein, or from CONTRACTOR's continuing ob-
ligations under the Contract Documents; and
14.15.2. a waiver of all claims by CONTRACTOR against
OWNER other than those previously made in writing and
still unsettled. '
14.13. If, on the basis of ENGINEER's observation of the
Work during construction and final inspection, and ENGI-
NEER's review of the final Application for Payment and
accompanying documentation as required by the Contract
Documents, ENGINEER is satisfied that the Work has been
completed and CONTRAC'I~R's other obligations under the
Contract Documents have been fulfilled, ENGINEER will,.
within ten days. after receipt of the final Application for
Payment, indicate in writing ENGINEER's recommendation
of payment and present the Application to OWNER for pay-
ment. At the same time ENGINEER will also give written
notice to OWNER and CONTRACTOR that the Work is
acceptable subject to the provisions of paragraph 14.15. Oth-
erwise, ENGINEER will return the Application to CON-
TRACTOR, indicating in writing the reasons for refusing to
recommend final payment, in which case CONTRACTOR shall
make the necessary corrections and resubmit the Application.
Thirty days after the presentation to OWNER of the Applica-
tion and accompanying documentation, in appropriate form
and substance and with ENGINEER's recommendation and
notice of acceptability, the amount recommended by ENGI-
NEER will become due and will be paid by OWNER to
ARTICLE 15---SUSPENSION OF WORK AND
TERMINATION
OWNER May Su. rpend World'
15.1. At any time and without cause, OWNER may sus-
pend the Work or any portion thereof for a period of not more
than ninety days by notice in writing to CONTRACTOR and
ENGINEER which will fix the date on which Work will be
resumed. CONTRACTOR shall resume the Work on the date
so fixed. CONTRACTOR shall be allowed an adjustment in the
Contract Price or an extension of the Contract Times, or both,
directly attributable to any such suspension if CONTRACTOR
makes an approved claim therefor as provided in Articles 11
and 12.
OWNER May Terminate:
15.2. Upon the occurrence of any one or more of the
following events:
15.2.1. if CONTRACTOR persistently fails to perform
the Work in accordance with the Contract Documents (in-
cluding, but not limited to, failure to supply sufficient skilled
workers or suitable materials or equipment or failure to
adhere to the progress schedule established under paragraph
2.9 as adjusted from time to time pursuant to paragraph 8.6);
15.2.2. if CONTRACTOR disregards Laws or Regula-
tions of any public body having jurisdiction;
15.2.2. if CONTRACTOR disregards the authority of
ENGINEER; or
15.2.4. if CONTRACTOR otherwise violates in any sub-
stantiai way any provisions of the Contract Documents;
OWNER may, after giving cONTRACTOR (and the surety,
if any,) seven days' written notice and to the extent permit-
ted by Laws and Regulations, terminate the services of
CONTRACTOR, 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 CONTRACTOR (without liability to CONTRACTOR for
trespass or conversion), incorporate in the Work all materi-
als 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 all claims, costs,
losses and damages sustained by OWNER arising out of or
resulting from completing the Work such excess will be paid
to CONTRACTOR. If such claims, costs, losses and dam-
ages exceed such unpaid balance, CONTRACTOR shall pay
the difference to OWNER. Such claims, costs, losses and
damages incurred by OWNER will be reviewed by ENGi-
NEER as to their reasonableness and when so approved by
ENGINEER incorporated in a Change Order, provided that
when exercising any rights or remedies under this paragraph
OWNER shall not be required to obtain the lowest price for
the Work performed.
15.3. Where CONTRACTOR's services have been so ter-
minated by OWNER, the termination will not affect any rights
or remedies of OWNER against 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 CONTRACTOR
and ENGINEER, OWNER may, without cause and without
prejudice to any other right or remedy of OWNER, elect to
terminate the Agreement. In such case, CONTIL~CTOR shall
be paid (without duplication of any items):
15.4.1. for completed and acceptable Work executed in
accordance with the Contract Documents prior to the effec-
tive date of termination, including fair and reasonable sums
for overhead and profit on such Work;
15.4.2. for expenses sustained prior to the effective da~e
of termination in performing services and furnishing labor,
materials or equipment as required by the Contract Docu-
ments in connection with uncompleted Work, plus fair and
reasonable sums for overhead and .profit on such expenses;
15.4.3. for all claims, costs, losses and damages incurred
in settlement of terminated contracts with Subcontractors,
Suppliers and others; and
15.4.4. for reasonable expenses direcdy attributable to
termination.
CONTRACTOR shall not be paid on account of loss of
anticipated profits or revenue or other economic loss arising
out of or resulting from such termination.
CONTRACTOR May Stop Work or Terminate:
15.5. If, through no act or fault of CONTRACTOR, the
Work is suspended for a period of more than ninety days by
OWNER or under an order of cotirt 8r other public author-
ity, or ENGINEER fails to act on any Application for
Paymsnt within thirty days after it is submitted or OWNER
fails for thirty days to pay CONTRACTOR any sum finally
determined to be due, then CONTRACTOR may, upon
seven days' written notice to OWNER and ENGINEER,
and provided OWNER or ENGINEER do not remedy such
suspension or failure within that time, terminate the Agree-
ment and recover from OWNER payment on the same terms
as provided in paragraph 15.4. In lieu of terminating the
Agreement and without prejudice to any other right or
remedy, if ENGINEER has fail~d to act on an Application
for Payment within thirty da~ys after it is submitted, or
OWNER has failed for thirty days to pay CONTRACTOR
any sum finally determined to be due, CONTRACTOR-may
upon seven day's written notice to OWNER and ENGI-
NEER stop the Work until payment of all such amounts due
CONTRACTOR, including interest thereon. The provisions
of this paragraph 15.5 are not intended to preclude CON-
TRACTOR from making claim under Articles 11 and 12 for
an increase in Contract Price or Contract Times or otherwise
for expenses or damage directly attributable to CONTRAC-
TOR's stopping Work as permitted by this paragraph.
ARTICLE 16---DISPUTE RESOLUTION
If and to the extent that OWNER and CONTRAC-'f'OR have
agreed on the method and procedure for resolving disputes '
between them that may arise under this Agreement, such
dispute resolution method and procedure, if any, shall be as set
forth in Exhibit GC-A, "Dispute Resolution Agreement," to be
attached hereto and made a part hereof. If no such agreement
on the method and procedure for resolving such disputes has
been reached, and subject to the provisions of paragraphs 9.10,
9.11, and 9.12, OWNER and CONTRACTOR may exercise
41
such rights or remedies as either may otherwise have under the
Contract Documents or by L~ws or Regulations in respect of
any dispute.
ARTICLE 17~MISCELLANEOUS
I7. l. Whenever any provisibn of the Contract Documents
requires the giving of written nOtice, it wffl be deemed to have
been validly given it'delivered in person to the individual or to
a member of the firm or to an officer of the corporation for
Whom it is intended, or it'delivered at or sent by registered or
certified mail, postage prepaid, to the last business address
known to the giver of the notice.
Comp,,~,,,%n of Thrtt$:
17.2.1. When any period of time is referred to in the
Contract Documents by days, it will be computed to exclude
the ~rst 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 vn'il be omitted from the computation.
17.2.2. A calendar day of twenty-four houm measured
from midnight to the next midnight will constitute a day.
17.3. ~hould OWNER orCO~R suffer injury or
damage to person or. property because of'any error, omission or
act of the other party or of any of the other party's employees
or agents or others for whose acts the other party is legally
liable, claim will be made in writing to the other party within a
reasonable time of' the first observance of such injury or
damage. The provisions o[' this paragraph 17.3 shall not be
construed as a substitute for or a waiver of the provisions of
any applicable statute of limitations or repose.
Cumulative Reme~.x:
17.4. The duties and obligations imposed by these General
Conditions and the rights and remedies available hereunder to
the parties hereto, and, in particular but without limitation, the
warranties, guarantees and obligations imposed upon CON-
TRACTOR by paragraphs 6.12, 6.16, 6.30, 6.31, 6.32, 13.1,
13.12, 13.14, 14.3 and 15.2 and all of the r/ghts and remedies
available to OWNER and ENGINEER thereunder, are in
addition to, and ar~ not to 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 Laws or
Regulations, by special warranty or guarantee or by other
provisions of the Contract Documents, and the provisions of
this paragraph will be aa effective as if repeated specifically in
the Contract Documents in connection with each par~.'cular
duty, obligation, right and remedy to wl~ich they apply.
Professional Fees and Court Costs'Included:
17.5. Whenever reference is made to "claims, costs, losses
and damages," it shall include in each case, but not be limited
to, all fees and charges, of engineers, architects, attorneys and
other professionals and all court or arbitration or other dispute
resolution costs..
[The remainder of this page was left blank intentionally.]
EXI-ITBIT GC-A to General Conditions of-the
Agreement Between OWNER and CON-
TRACTOR Dated
For use with EJCDC No. 1910-8 (1990 ed.)
DISPUTE RESOLUTION AGREEMENT
OWNER and CONTRACTOR hereby agree that Article I6
of the General Conditions to the Agreement between OWNER
and CONTRACTOR is amended to include the following
agreement of the parties:
16.1. All claims, disputes and other matters in question
between OWNER and CONTRACTOR arising out of or relax-
ing to the Contract Documents or the breach thereof (except
for claims which have been waived by the making or accep-
tance of final payment as provided by paragraph 14.15) will be
decided by arbitration in accordance with the Construction
Industry Arbitration Rules 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 law of any court having jurisdiction.
16.2. No demand for arbitration of any claim, dispute or
other matter that is required to be referred to ENGINEER
initially for decision in accordance with paragraph 9.11 will be
made until the earlier of(a) the date on which ENGINEER has
rendered a written decision or (b) the thirty-first day after the
parties have presented their evidence to ENGINEER if a
written decision has not been rendered by ENGINEER before
that date. No demand for arbitration of any such claim, dispute
or other matter will be made later than thirty days after the date
on which ENGINEER has rendered a written decision in
respect thereof in accordance with paragraph 9.11; and the
failure to demand arbitration within said thirty days' period
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 will not supersede the
'arbitration proceedings, except where the decision is accept-
able to the parties concerned. No demand for arbitration of any
written decision of ENGINEER rendered in accordance with
paragraph 9.10 will be made later than ten days after the party
making such demand has delivered written notice of intention
to appeal as provided in paragraph 9. I0.
16.3. Notice of the demand for arbitration will be filed in
writing with the other party to the Agreement and with the
American Arbitration Association, and a copy will be sent to
ENGINEER for information. The demand for arbitration will
be made within the thirty-day or ten- day period specified in
paragraph 16.2 as applicable, and in ail other cases within a
reasonable time after the claim, dispute or other matter in
question has arisen, and in no event shall any such demand be
made after the date when institution of legal or equitable
proceedings based on such claim, dispute or other matter in
question would be barred by the applicable statute of limita-
tions.
16.4. Except as provided in paragraph 16.5 below, no
arbitration arising out of or relating to the Contract Documents
shall include by consolidation, joinder or in any other manner
any other person or entity (including ENGINEER, ENGI-
NEER's Consultant and the officers, directors, agents, em-
ployees or consultants of any of them) who is not a party to this
contract unless:
16.4.1. the 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, and
16.4.2. such other perscJn or ehtity 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 consenrof the other person or entity
sought to be included and of OWNER and CONTRACTOR
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
with any party not specifically identified in such consent.
16.5. Notwithstanding paragraph 16.4 ifa claim, dispute or
other matter in question between OWNER and CONTRAC-
TOR involves the Work ora Subcontractor, either OWNER or
CONTRACTOR may join such Subcontractor as a party to the
arbitration between OWNER and CONTRACTOR hereunder.
CONTRACTOR shall include in all subcontracts required by
paragraph 6.11 a specific provision whereby the Subcontractor
consents to being joined in an arbitration between OWNER
and CONTRACTOR involving the Work of such Subcontrac-
ton Nothing in this pm-agraph 16.5 nor in the provision of such
subcontract consenting to joinder shall create any claim, right
or cause of action in favor of Subcontractor and against
OWNER, ENGINEER or ENGINEER's Consultants that
does not otherwise exist.
16.6. The award rendered by the arbitrators will be final,
judgment may be entered upon it in any court having jurisdic-
tion thereof, and it will not be subject to modification or apl:~al.
[The remainder of this page was left blank intentionally.]
GC-AI
· 16.7. OWNER and CONTRACTOR agree that they shall
first submit any and all unsettled claims, counterclaims, dis-
putes and other matters in question between them arising out of
or relating to the Contract Documents or the breach thereof
("disputes"), to mediation by The American Arbitration
sociation under the Construction Industry Mediation RuIes of
the American ArbitraZion Associazion prior to either of th~m
initiating ~;nst the other a demand for arbitrazion pursuant to
para&zaphs I6.1 r~-oug~ 16.6, unless delay in initiating arbitra-
t/on would irrevocably prejudice one of the pardes. The
respective thirty and ten day time limits within which to file a
demand t'or arbitration as provided in paragraphs 16.2 and 16,3
above shall be suspended with respect to a dispute submitted to
mediation within those same applicable time l/mits and shall
remain suspended until ten days after the termination of the
mediation. The mediator of any dispute submitted to mediation
under this Agreement shall .not serve as arbitrator of such
dispute unless otherwise agreed.
GC-A2
t'I'his page was left blank intentionally.]
i
SPECIAL CONDITIONS
AND
TECHNICAL SPECIFICATIONS
1. SAFETY PRECAUTIONS: The Contractor shall comply with all
applicable laws including the Occupational Safety and Health
Act of 1970, ordinances, rules, regulations and orders of any
public authority having jurisdiction for the safety of persons
or property to protect them from damage, injury or loss. He
shall erect and maintain, as required by existing conditions
and progress of the work, all reasonable safeguards for safety
and protection including posting danger signs and other warnings
against hazards, promulgating safety regulations and notifying
Owners and users of adjacent utilities.
2. MATERIALS AND WORKMANSHIP: No material which has been used
by the Contractor for any temporary purpose whatever is to be
incorporated in the permanent structure without the written
consent of the Engineer. All materials to be used shall be new.
3. Where materials or equipment are specified by a trade or
brand name, it is not the intention of the Owner to discriminate
against an equal product of another manufacturer, but rather
to set a definite standard of' quality or performance, and to
establish an equal basis for the evaluation of bids. Where the
words "or approved equal" are used, they shall be understood
to mean that the items referred to .shall be proper, the
equivalent of, or equal to some other item, in the opinion or
judgment of the Engineer. Unless otherwise specified, all
materials shall be the best of their respective kinds and shall
be in all cases fully equal to approved samples. Notwithstanding
that the specifications in connection with a material,
manufactured article or process, the materials, article or
process specifically designated shall be used, unless a
substitute shall have the right to require the use of such
specifically designated material, article or process.
4. PERMITS: The Contractor will be required to secure any
permits required for the execution of the Contract at his expense
except for City of C0ppe]] Inspections Fees. However, if
the Contractor requires overtime from the City of C0ppe]]
inspection Department, then all overtime charges will be at
the Contractor's expense.
5. BARRICADES, WARNING SIGNS & FLARES: Where the work on this
project creates a safety hazard to the general public, the
Contractor shall furnish and erect sufficient barricades and
warning signs to warn the public of the danger and also provide
sufficient flares or other emergency lighting to warn the public
at night at his expense (no pay item).
Page 1 'of 3
6. RIGHT OF ENTRY: The right of entry to the site of any
project covered by these Contracts is reserved by the Owne~,
or the representatives of the Owner. Engineer, Texas State
Department of Health, Texas Department of Water Resources for
the purposes if inspecting construction both completed and in
progress and materials on hand and installed. The Contractor
will be required to cooperate .with representatives of the State
agencies connected with the project in any manner in which they
may direct.
7. FINISHED GRADES: Areas within the street Right-of-Way where
grades are not disturbed or altered during utility or paving
construction shall be re-established by the Contractor to the
established grades existing (plus or minus 0.2 feet) prior to
utility or paving final cleanup and smoothing of any affected
areas shall be done by blading and shall be subject to inspection
and approval by the Engineer. Any re-staking of street and
lot grades or re-verification of finished grades shall be bore
at the utility or paving Contractor's expense.
8. CONFORMITY WITH PLANS: Ail ~work shall conform to the lines,
grades, cross-sections and dimensions shown on the plans. Any
deviation from the plans which may be required by the exigencies
of construction will be determined by the Engineer and authorized
by him in writing.
9. EXCESSIVE EXCAVATED MATERIAL (WASTE): Excavated on-site
material not required as fill or for backfilling of improvements
shall be stockpiled on site at a location or locations designated
by the Owner or Engineer, except that all large rocks, rubbish
and organic or inorganic debris shall be disposed of offsite.
10. STAKING: The Owner will furnish the following stakes, to
be approved by the Contractor's foreman or superintendent: one
set of construction stakes of each of the following:
a. Paving st~kes, street and alley
11. EXISTING UTILITIES, STRUCTURES OR OTHER PROPERTY:
a. Prior to any excavation, the Contractor shall determine
the locations of all existing water, gas, sewer, electric,
telephone, telegraph, television and other underground utilities
and structures.
b. After commencing the work, the Contractor shall use
every precaution to avoid interference with existing underground
and surface utilities and structures, and shall protect the
from damage
Page 2 of 3
c. Where the locations of existing underground and surface
utilities and structures are indicated, these locations are
generally approximate, and all items which may be encountered
during the work are not necessarily indicated. The Contractor
shall determine the exact location of all items indicated, and
the existence and location of all items not indicated.
d. The Contractor shall repair or pay for all damage caused
by his operations to all existing utility lines, public property
and private property, whether it is below ground or above ground,
and he shall settle, in total, cost of all damage suits.
e. To avoid unnecessary interference or delays, the
Contractor shall coordinate all utility removals, replacements
and construction with the appropriate utility company.
12. REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK: Ail work which
has been rejected or condemned shall be repaired or, if it cannot
be repaired satisfactorily, it shall be immediately removed
and replaced at the Contractor's expense. Defective materials
shall be immediately removed f~om the site of the work. Work
done without line and grade having been given, work done without
proper inspection, or any extra or unclassified work done without
written authority and prior agreement in writing as to prices,
shall be done at the Contractor's risk, and will be considered
unauthorized, and at the option of the engineer, may not be
measured and paid for, and may be ordered removed at the
Contractor's expense. Upon failure of the Contractor to repair
satisfactorily or to remove and replace, if so directed,
rejected, unauthorized or condemned work or materials immediately
after receiving notice from the Engineer, the Engineer will,
after giving written notice to the Contractor, have the authority
to cause defective work to be rendered or removed and replaced,
or to cause unauthorized work to be removed and to deduct the
cost thereof from any moneys due to the Contractor.
13. FINAL INSPECTION: The Engineer will make final inspection
of all work included in the Contract as soon as practicable
after the work is completed and ready for acceptance. If the
work is not acceptable to the Engineer at the time of such
inspection, he will inform the Contractor as to the particular
defects to be remedied before final acceptance will be made.
All work must be accepted by the City of C0ppe]] and the
Engineer before retainage amounts will be paid.
14. The Excavation Contractor and Utility Contractor shall be
required to coordinate their work with the Paving Contractor
and shall schedule his work to avoid conflicts with Paving
Construction; however, the Paving Contractor will not be issued
a "Notice to Proceed" until all utility work in the street Right-
of-Way is completed unless otherwise agreed to by the Utility
Contractor.
Page 3 of 3
AN oRDiNANCE OF THE CITY OF COPPELL, T AS
ORDINANCE NO. 9 IV/q
EROSION AND SEDII~TATION CONTROL CODE
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS AMENDING THE CODE OF ORDINANCES
' OF THE .'CITY'BY A]]DING{~HESE TO N NEW'~ARTICLE 15-8 TO BE KNOWN AS THE CITY
"~ OF .C~PPEhA EROSIONT~AND ~SEDIMENTATION '%CONTROL CODE DESIGNED TO MINIMIZE
EROgION'"~AND- SEDIMENTKTION FROM PRIVATE PROPERTY ONTO PUBLIC PLACES AND
PUBLIC RIGHTS-OF-WAY; STATING THE PURPOSE AND SCOPE OF THE CODE; MAKING IT
UNLAWFUL TO PERMIT A PUBLIC EROSION NUISANCE; DEFINING A PUBLIC EROSION
· NUISANCE; PROVIDING NOTICE PROVISIONS; PROVIDING A PENALTY OF FINE NOT TO
EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE AND
PROVIDING THAT SEPARATE OFFENSE SHALL BE-DEEMED COMMITTED EACH DAY DURING
OR ON W~ICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR THE DUTIES OF
THE CITY AND THE RESPONSIBILITIES OF THE OWNER; PROVIDING FOR AN EROSION
AND SEDIMENTATION CONTROL PLAN TO BE SUBMITTED BY DEVELOPERS; PROVIDING
FOR SURETIES TO BE PROVIDED BY DEVELOPERS; PROVIDING FOR STOP WORK ORDERS
TO BE ISSUED FOR VIOLATIONS; PROVIDING FOR INJUNCTIVE RELIEF AND PROVIDING
AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE COPPELL, TEXAS:
ARTICLE 15-8: EROSION AND SEDIMENTATION CODE
Sec. 15-8-1 FINDINGS OF FACT, PURPOSE, AUTHORITY, RELATED ORDINANCES
A. FINDING OF FACT
The City of Coppell has in the past experienced
significant soil erosion and sedimentation problems.
Large quantities of earth have been displaced from private
property onto drainage easements, storm drains and other
public places, access easements, public easements and
public rights-of-way. Erosion is a dangerous activity in
that it contaminates water supplies and water resources.
Excessive sedimentation clogs watercourses, drainage
easements and storm drains, and causes flooding which
results in substantial damage to public and private
lands. These problems result in a serious .~hreat ~.~ the
health, safety and general welfare of the community.
: B. STATEMENT OF PURPOSE
This ordinance sets forth the minimum performance standard
necessary to protect" against erosion and sedimentation
problems, within the City of Coppell and to establish the
various public and private responsibilities for providing
this protection. It is the intent of this ordinance to
set forth performance standards which all erosion and
sedimentation controls must, at a minimum, meet. It
'~ Pa~e 1
shall be the duty and responsibility of all persons, firms
or corporations to which this ordinance applies, to design
and implement erosion and sedimentation control measures
which meet the performance standards contained in this
ordinance. Further, it is the purpose of this ordinance
to:
(1) Protect human life, health and property;
(2)
Minimize expenditures of public money for cleaning
sediment out of streets, sidewalks, storm drains and
watercourses;
(3)
Ensure that those who expose soil to possible
erosion losses are minimizing those soil losses;
(4)
Preserve the natural beauty and aesthetics of the
community;
(5)
Prevent the pollution of streams, ponds and other
watercourses by sediment.
(6)
Provide for restoration of sites to reduce the
negative environmental impacts ~ of construction
activity.
C. SCOPE OF AUTHORITY
The provisions of this ordinance apply to:
(1)
Any person, firm, corporation or business proposing
to develop land or improve property within the City
of Coppell;
(2)
Any person, firm, corporation or business currently
developing land or improving property within the
City of Coppell; and
Any person, firm, corporation or business who owns,
possesses, is in custody of, or exercises control
of, property within the City of Coppell.
This ordinance applies to individual buildin9 structures,
subdivisions, excavations and fill operations, all
development and all other similar development activities.
D. RELATED ORDINANCES
Besides this ordinance, the City of Coppell has other
ordinances, regulations, and specifications possibly
affecting erosion and sedimentation control. In the event
of a conflict between this ordinance and any other
ordinances of the City of Coppell, the most restrictive
ordinance shall govern.
Page Z
Sec. 15-8-2 APPLICABILITY, NOTICE AND ABATEMENT
A. LANDS TO WHICH THIS ORDINANCE APPLIES
All properties (lands) within the City of Coppell are
subject to this ordinance.
B. OFFENSE OF FAILING TO PREVENT A PUBLIC EROSION NUISANCE
It shall be unlawful for any person, firm or corporation
which owns, possesses, is in custody of or exercises
control of property to permit a public erosion nuisance to
occur on said property. A public erosion nuisance is an
occurrence where erosion of, or sediment from, one
location causes an unsafe, bothersome, or unsightly
condition on public property and public rights-of-way. An
unsafe, bothersome or unsightly condition or burden
includes silt, mud or similar debris, originatinG on one
property but being deposited onto a second off-site
property, which is public property or a public
right-of-way from which the City of Coppell may have to
remove or clean up the deposit due to liability,
statutory, aesthetic, drainage or property damage
concerns. Examples include, b%t are not' limited to:
(1)
Excessive sedimentation in storm drains, drainage
easements and watercourses caused by erosion; and
(2)
Excessive sedimentation on public streets,
sidewalks, alleys, easements and other riGhts-of-way
caused by erosion.
It is not a violation of this ordinance if erosion and
sedimentation occurs upon private property and is
deposited upon private property. Only erosion and
sedimentation which impacts upon public property and
public rights-of-way are governed by this ordinance.
C. NOTICE PROVISIONS
It shall be the duty of the City Engineer or his designee
to Give forty-eiGht hours (48 hours) notice, in writinG,
to the owner or agent in charge of any premises believed
tO be in violation of this ordinance, to correct the
public erosion nuisance and to clean up and remove the
offending and burdensome sedimentation.
A notice of less than 48 hours may be Given in the event
that the City EnGineer decides, in his judgement, that the
situation believed to be in violation of this ordinance
poses a substantial and immediate threat to public health,
safety,'and welfare.
Page 3
D. VARIANCES
The City of Coppell City Council may grant a written
variance from the provisions of this ordinance if strict
adherence to requirements will result in unnecessary
hardship and not fulfill the intent of this ordinance.
The owner shall submit a written request for a variance to
the City of Coppell. The request shall state the specific
variances sought and reasons for requesting the variance.
The City of Coppell shall not grant a variance unless and
until sufficient specific reasons justifying the variance
are provided by the owner.
E. ABATEMENT BY CITY
In the event that the owner of any lot, tract, parcel of
land, or a portion thereof situated within the corporate
limits of the city shall fail to comply with this
ordinance, then the City Engineer, or his designee, shall
notify such owner by letter, addressed to him at the
address shown on the last approved tax rolls of the City
or at any residence or business structure located on
subject property or at the last known address. The
mailing of notice ~in accordance with any of the above
shall satisfy this section. In the alternative, the city
may notify the owner by publication in the City's official
newspaper on one (1) occasion. At the expiration of ten
(10) days after notification or publication, the city may
enter upon such premises and may do such work as is
necessary, or cause the same to be done, in order that the
premises may comply with the requirements set forth within
this ordinance. A statement of the cost incurred by the
city to abate such condition shall be mailed to the owner
of said premises, which statement shall be paid within
thirty (30) days of the date of the mailing thereof. In
the event that said statement has not been paid within
such period, the City Manager may file a statement with
the Dallas County Clerk of the expenses incurred to abate
such condition on said premises, and the city shall have a
privileged lien on any lot, tract or parcel of land upon
which such expense is incurred, together with ten (10)
percent on the delinquent amount from the date such
payment is due. For any such expenditure and interest, as
aforesaid, suit may be instituted and recovery and
foreclosure had in the name of the city and the statement
so made, as aforesaid, or a copy thereof shall be prima
facie proof of the amount expended in any such work
performed by the city.
The City Manager or his designee shall file a statement of
expenses incurred, giving the amount of such expenses, the
date on which said work was done or improvements made,
with the county clerk; and the city shall have a
privileged lien on such lots or real estate upon which
Page 4
said work was done or improvements made to secure the
expenditures so made, in accordance with the provisions of
Subchapter "A" of Chapter 342 of UTCA Health and Safety
Code, which lien shall be second only to tax liens and
liens for street improvements; and said amount shall bear
ten (10) percent interest from the date said statement was
filed. Further, for any such expenditures and interests
as aforesaid, suit may be instituted and recovery and
foreclosure of said lien may be had in the name of the
city; and the statement of expenses so made, as aforesaid,
or a certified copy thereof, shall be prima facie proof of
the amount expended for such work or improvements.
Sec. 15-8-3
DUTIES AND RESPCNSIBILITIES
A. DUTIES OF CITY OFFICIALS
The City Engineer is hereby appointed to administer and
implement this ordinance. The duties of the City Engineer
or his designee shall include, but'not be limited to:
(1)
Inspecting sites to determine compliance with this
ordinance;
(2)
Determining if sureties shall be exercised. If so,
the City Engineer shall arrange for the work to be
done, and if not, the City Engineer shall return the
sureties to the applicant; and
(3)
Determining if a "stop work order" shall be issued
and, if so, when the "stop work order" shall be
removed from the project or construction, and work
allowed to commence or recommence.
B. RESPONSIBILITIES OF OWNERS
The owner, builder, developer, tenant, or any other
person, firm, or corporation who owns, possesses, is in
custody of, or exercises control of, property shall be
responsible for any silt, mud, or sands transported from
the property by drainage. The intent of this ordinance is
that owners, builders, and developers make provisions for
preventinG erosion and sedimentation problems at such time
as their property is proposed for development, use, or
modification, and to continue such preventive measures
during the actual construction and development of the
property. Additionally, all persons, firms, or
corporations who, after construction and development, own,
posses, are in custody of, or exercise control of, the
property are responsible for preventing the erosion and
sedimentation problems addressed by this ordinance.
Page 5
Sec. 15-8-4 ADMINISTRATION, EROSION AND SEDIMENTATION CONTROL METHODS,
APPROVALS, SURETY
A. STANDARD FOR NEW SUBDIVISIONS
In addition to those requirements for subdivisions found
in Code of Ordinances, City of Coppell, Texas, all
applicants for subdivision of land shall submit to the
City En§ineer an erosion and sedimentation control plan
for approval prior to the commencement of construction.
The erosion and sedimentation control plan shall be
included in the engineering construction plans.
B. EROSION AND SEDIMENTATION CONTROL PLAN
The objective of the Erosion and Sedimentation Control
Plan is to prevent public erosion nuisances. The
prevention of public erosion nuisances can be promoted, in
part, by the following goals:
(i)
Reduce sedimentation in streams, creeks, lakes,
waterways, storm drains, etc.
(2)
~Protect the quality of the water in the City of
Coppell.
(3) Provide, protect, and preserve wildlife habitat.
(4)
Provide for restoration of sites to reduce the
negative environmental impacts of construction
activity.
See Exhibit 'A' Pages 12 to 17 providing examples on
erosion control methods.
C. METHODS OF REDUCING EROSION AND SEDIMENTATION
In order to implement the objectives stated above, the
following design considerations are necessary:
Limit the size of disturbed areas to the greatest
extent possible.
(2) Stabilize any disturbed area as soon as possible.
(3)
For construction activities in waterways, the
following additional requirements must be met.
(3-1) At the end of each working day the
Contractor shall remove all loose excavated
material from the channel.
(3-2) No construction or fill materials can be
Page 6
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
stored within the limits of the channel. Ail
equipment and materials stora§e and staging
areas must have erosion controls.
(3-3) Rock berms or sand bag berms shall be used to
entrap sediment.
(3-4] Flooding potential should be considered when
locating the control measures.
Controls are required to intercept silt from all
disturbed areas.
Keep the velocities of stormwater runoff below the
erosive level.
Protect street areas and areas disturbed by
development activity from upstream runoff.
Capture and filter/drain stormwater runoff.
Minimize the extent of sediment leaving the project
site.
Reduce flooding hazards and silt removal cost
associated with excessive sediment accumulation
storm drains and waterways.
in
Reduce the concentration of stormwater runoff and
promote street flow to greatest extent possible.
Revegetate all disturbed areas with a rapid,
vigorous growth of long-term vegetation composed of
a mixture of grasses, forbs and woody plants.
Provide sedimentation and/or filtration pond to
maintain and improve water quality.
Erosion control plans should be phased to
accommodate for changes in drainage patterns that
occur during development.
Reduce the silt leaving a construction site on the
wheels of construction vehicles by providing vehicle
washing areas and/or established construction
entrances and exits.
Preserve and protect existing vegetation to the
greatest extent possible.
Planning should consider the natural topography
and soil condition in an attempt to limit the
erosion potential.
Page 7
(17) Design erosion/sedimentation controls to harmonize
with natural character of the lands.
(18)
When storm drain inlets must be protected, a
perimeter filtration dike shall be used (triangular
filtration dike or hay bale dike).
The above listed considerations are illustrative only, and
are not to be considered an exhaustive list of criteria an
effective erosion, and sedimentation plan should address
in order to prevent a public erosion nuisance.
It shall be the sole responsibility of the applicant to
prepare and submit an erosion and sedimentation control
plan~ which meets the requirements of the City of Coppell
and this ordinance.
The plan shall include sufficient information to evaluate
the environmental characteristics of the effected areas,
the potential impacts of the proposed grading on water
resources, and the effectiveness and acceptability of
measures proposed to minimize soil erosion and off-site
sedimentation. The applicant shall certify on the
drawings that all clearing, grading, drainage,
construction, and development shall be conducted in strict
accordance with the plan.
D. EFFECT OF APPROVAL
It is to be understood that the approval of an Erosion and
Sedimentation Control Plan by the Engineering Department
does not constitute a recognition by the City that the
Erosion and Sedimentation Control Plan will prevent any,
or all, public erosion nuisances. By approval of the
Erosion and Sedimentation Control Plan, the City does not
warrant that the Erosion and Sedimentation Control Plan
will be sufficient to prevent a public erosion nuisance,
and the City waives no rights to pursue any legal
remedies, both under this ordinance, and all other
applicable ordinances and laws.
If for any reason, after an Erosion and Sedimentation
Control Plan is approved by the Engineering Department, a
public erosion nuisance occurs on property addressed by
said Erosion and Sedimentation Control Plan, the approval
Of said Erosion and Sedimentation Control Plan shall not
be a defense or bar to prosecution %mder this ordinance.
E. WARNING AND DISCLAIMER OF LIABILITY
The planning considerations given in this ordinance for
erosion controls rely on a degree of erosion and
sedimentation control and flood protection that is
considered reasonable for regulatory purposes and that is
Page 8
based on scientific, engineerin§, and economic
considerations. This ordinance does not imply that
erosion and sedimentation controls will survive inundation
by runoff from storms or that land below such controls
will be free from flooding or flood damages. This
ordinance shall not create liability on the part of the
City of Coppell, or any officer or employee thereof, for
any flood damages, or erosion or sedimentation damages,
whether to persons or property, that result from reliance
on this ordinance or any administrative decision lawfully
made thereunder.
F. SURETY FOR PERMANENT EROSION CONTROLS IN NEW
SUBDIVISIONS
The applicant shall provide a surety in the form of cash,
certificate of deposit, surety bond, or irrevocable letter
of credit acceptable to the City to insure that vegetative
cover and other permanent erosion' control measures are
installed, maintained, and functioning properly up to a
two (2) year period from the date of final acceptance of
the dedicated streets and/or utilities by the City of
Coppell. This surety shall be given to the City before
the final acceptance of the streets and/or utilities.
This surety shall be in the amount estimated by the
Developer, which is 100 percent of the cost of
constructing and maintaining the permanent erosion
controls for a two-year period. However, such estimate is
subject to review by the City Engineer and may be
rejected, and the surety not accepted, if the City
Engineer deems the estimate not to be a reasonable
approximation of the costs of constructing and maintaining
the erosion controls.
Should the vegetative cover die or become sparse or the
erosion controls fail to be maintained or are not
functioning during this two-year period, the City may
notify' applicant in writing. The applicant has ten (10)
days after being notified to begin correcting the
problems. If no corrections are started, the City may
make the necessary repairs by exercising the surety or
billing the applicant. If at the end of the two-year
period the vegetative cover is still not established or is
sparse, or the erosion controls are not functioning, the
City may exercise the surety and have the erosion controls
installed and established.
The above procedures for ensuring that vegetation is
established shall apply to all projects, whether or not
the vegetation is the long-term maintenance responsibility
of the City. Any vegetative cover which is planted and is
a permanent part of the improvement project will not be
accepted by the City until the growth has been established
Page 9
and maintained by the developer for a two (2) year period
from the date of final acceptance of the subdivision.
After the two-year period has elapsed, the owner of the
property shall be responsible for maintaining the erosion
controls in good working order. If any future owner
modifies or disturbs the erosion controls for the area,
that owner must restore or replace the permanent erosion
controls at the conclusion of the disturbing activity.
G. STOP WORK ORDERS
All development, improvement, and construction on any land
which is in violation of the provisions of this ordinance
may be halted and stopped by order of the City Engineer.
No stop work order may be issued until the notice
provisions of this ordinance are fully complied with by
the City and the owner or agent of the premises is given
reasonable time period to correct the public erosion
nuisance and to clean up and remove the offending and
burdensome sedimentation.
Sec. 15-8-5 SEVERABILITY
If any section, article, paragraph, sentence, clause,
phrase or word in this ordinance, or application thereof
to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction,
such holdings shall not affect the validity of the
remaining portions of the ordinance, and the City Council
hereby declares it would have passed such remaining
portions of the ordinance despite such invalidity, which
remaining portions shall remain in full force and effect.
Sec. 15-8-6 PENALTY
Any person violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be fined in a sum not to exceed
Five Hundred Dollars ($500.00) and a separate offense
shall be deemed committed upon each day during or on which
violation occurs or continues.
Page 10
Sec. 15-8-7 EFFECTIVE DATE
This ordinance shall take effect immediately from and
after its passage and the publication of the caption as
the law in such cases provides.
DULY PASSED by the qi~y ~ouncil of the City of Coppell, Texas, on the
f-J-~ day of~ .~ , 19
APPROVED:
ATTEST:
APPROVED AS TO FORM:
CITY SECRETARy,--- '
Page 11
ROCK BERM
(N.T.S.)
Fio~
PLAN VIEW
Sand bag barrier
ANCHOfl~ DETAL
Exhibit 'A'
Pag~ 12,
GRASS-LINED SWALE
SERVING ~DR~INAGE kRESS
GREATER THAN 5 ACRES
~ote: Low ~low chan- --
be required, depend-
tng on the Individual
PARABOUC CROSS-SECTION
HAY BALE DIKE
(N.T.$_)
~cal race
EMBEDDING DETAIL
Exhibit 'A'
Page 13
, Vegetative Filter
.'i"' i'. '". . FLOW
O~ SO00~ V~N/ ~'~'~"~" '~ '"
Exhibit 'A'
Page 14
Erosion Control Filters
CONCRETE
MASONRY BLOCKS
~o~. _~~. .~~ow
DRAINAGE INLET~ ~ ~' - ~~~.'. ':' :=. ~~
Filter Inlet
FLOW
Filter Berm
Exhibit 'A'
Page 15
~ .~ Sedimentation Basin
%SEDIMENT P~L
Exhibit 'A'
Page 16
DIVERSION DIKE-SOIL
(N.T.S.)
min._
~tlon
' Exl~tt~ G~ound
CROSS SECTION
Positive Drai na~e
(Grade sufftcteot to drain] ~
C~t or till slope
PLAN VIEW
INTERCEPTOR DIKE-SOIL
(N.T.S.)
, g or graded right-of-way
2:1 slopes or
CROSS SECTION
Property Line.
Limits of rzEht-of-way
or limits of work
mt~_~.~.~
~ FLOW
F£OW
i/~OutletH onto atabilization area or into
eediment trapplnl device, em required.
PLAN VIEW
Exhibit 'A'
Page 17
CERTIFICATE
10- 0000472 i iSSUE DATE {MMIODIYY)
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND.
NOE~/~REAVES Incorporated EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
3100 Monticello, Suite 300, LB 5
COMPANIES AFFORDING COVERAGE
Dallas, Texas 75205
COMPANY A Cigna Lloyds Insurance Company
LETTER
COMPANY B Ina County Mutual Ins Co
CODE SUB-CODE LETTER
COMPANY
~ETT~R C Cigna Insurance Co. of Texas
INEURED COMPANY
~ETTER D Travelers Insurance aroup
XIT Paving & Construction Inc. COMPANY E
~ETTER
Attns Larry McSpadden COMPANY F
~ETT~R
P.O. Box 495337 COMPANY G
LETTER
Garland TX 75049-5337 COMPANY [~
~TT~R , H
COVERAGES ;
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE (MMIODIYY) DATE (MMIDDIYY)
GENERAL LIABILITY GENERAL AGGREGATE $ 2, O00v 000
X ~OMMERCIAL GE NERAL LIABILITY LCPD14074090 2/20/93 2/20/94 PRODUCTS-COMPIOP AGO. $ 2,000,000
-; ICLA~MS MACE r"~ occur · PERSONAL & ADV. INJURY $ 1, 000, 000
A DWNER'S & CONTRACTOR'St J PROT. EACH OCCURRENCE $ 1, 000~ 000
FIRE DAMAGE (Any one fire) $ 50, 000
MEDICAL EXPENSE(Any one peraon $ 5, 000
AUTOMOBILE LIABILITY COMBINED SINGLE $ 1, 000,000
X ANY AUTO CALH02030494 2/20/93 2/20/94 LIMIT
~LL OWNED AUTOS BODILY INJURY $
SCHEDULED AUTOS (Par person)
a HIRED AUTOS BODILY INJURY
NON-OWNED AUTOS (Per accident)
3ARAGE LIABILITY PROPERTY DAMAGE $
EXCESS LIABILITY EACH OCCURRENCE S 1~ 000,000
C x UMBRELLA FORM XOO(310912167 2/20/93 2/20/94 AGGREGATE S 1, 000, 000
OTHER THAN UMBRELLA FORM
WORKER', COMPENSAT,O. ......... J'" "~T;TU'~'R"Y"LIMIT$ ....... ............
P AND W4FUB462K075493 3/19/93 3/19/94 EACH ACCIDENT ,aS 1,000,000
DISEASE-POLICY LIMIT 1,000,000
EMPLOYERS' LIABILITY DISEASE-EACH EMPLOYEE$ 1 · 000, 000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS
CERTIFICATE HOLDER : CANCELLATION ; .
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
Stanclar~ Pacific of ~ MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
T.xa, Incorporat,~
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
5525 Mac A~thur Blv~ ii~i LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
SUite 560:.~,::'<~i::i!'; AUTHORIZED REPRESE~TATIVE - ·~ '1 /
FIDELITY AND GUARANTY
(A Stock Com. pany)
UNDERWRITERS.
TEXAS STATUTORY PERFORMANCE BOND
(l:'ena~ty of thi~ bond must be 100% of Contract ~mourtt)
STATE OF TEXAS
COUNTY OF
KNOW ALL MEN BY THESE PRESENTS:
That ......X.I..T.. J~.a..v.i p.g..a.p, cl...C.p.n..s..t,r,u..c.t..i.o..n...[.n..c... ........................................................
(hereinafter called the Principal), as Principal, and FIDELITY AND GUARANTY INSURANCE UNDERWRI-
TERS, INC., a corporation organized under the laws of the State of Ohio, a Corporate Surety, authorized
and admitted to do business in Ihe Slate of Texas and licensed by the State of Texas to execute bonds as
Surety, (hereinafter called the Surety), as Surety, are held and firmly bound unto ..............................
Standard Pacific of Texas, [nc.
(hereinafter called the Obllgee), In the penal sum of...T..W.Q..h .u.n.d.r..a.d...t..w.e. .n.t. ¥...n.i.p.e...t..h.o..u.s. .a.n..d.. ,s,~ .x. .....
hundred ninety two and 23/100 ...............................
................................................................................................................ Dollars
($...2..2.9.;.6.9..2.:,2,3,,-,7.-.7.-.7.T7..) for the payment of which sum wcll and truly to be made, we bind ourselves,
our heirs, administrators, executors, successors and assigns, joinlly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the
2nd .day of.. April .19 93 a copy of which is hereto attached and made a part
hereof, for paving improvements for Waterside Estates No. 2 Phase Two
INC.
BOND NUMBER ..........................
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall
faithfully perform the work In accordance with the plans, specifications and contract documents, lhen this
obligation shall be void; otherwise to remain in full force and effect.
PROVIDED HOWEVER, that this bond is executed pursuant to the provisions of Article 5160, Revised
Civil Statules of Texas and all liabilities on this bond shall be determined in accordance with the provisions
thereof to the same extent as ;f il were copied at tength herein.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this inslrument this
...........................................................................................................
................................................... ~II)£LIT¥ ~ND GUIRgN'Pt I~$1JRI~C£ UN~;R~RI?~fl$,
................................................ ..........
CERTIFIED COPY
GENERAL POWER OF ATTORNEY
NO. FG 149
KNOW ALL MEN BY THESE PRESENTS:
That FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC., a corporation organized and existing
under the laws of the State of Ohio, and having its principal office at 100 Light Street, Baltimore, Maryland 21203, does
hereby constitute and appoint 3:ilm ~
of the City of Dal lan , State of 'I'~5~O-n
its true and lawful Attorney-in-Fact, with power and authority to sign its name as surety to, and to execute, seal, acknowledge
and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof; and the said
FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. hereby ratifies and confirms all of the acts of said
Attorney-in-fact, pursuant to these premises.
This appointment is made under and by authority of a by-law of the said FIDELITY AND GUARANTY INSURANCE
UNDERWRITERS, INC., a certified copy of which is hereto annexed and made a part of this Power of Attorney.
IN WITNESS WHEREOF, the said FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. has
caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice-President and Assistant
Secretary, this 12~h day of ~~ , 19 90
FIDELITY AND GUARANTY INSURANCE
UNDERWRITERS, INC.
(Signed)
Iq( 1 14,~m ~'. 8pl ~eclt
Assistant Secretary..
STATE OF MARYLAND )
ss:
BALTIMORE CITY )
On this 19_th day of F~l:~x-'~r , 19 90, before me personally came
l~l'i I 1 (~ ?. b-'gl..i~dt , Vice President of FIDELITY AND GUARANTY
INSURANCE UNDERWRITERS, INC. and r,. r,. I-Iupfex' , Assistant
Secretary of said Corporation, with both of whom I am personally acquainted, who being by me severally sworn, said that
they, the said l~!ll,(~ll F. ~Lol~oclt , and r.. h.
were respectively the Vice President and Assistant Secretary of the said FIDELITY AND GUARANTY INSURANCE
UNDERWRITERS, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each
knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal; that it was so
affixed by authority of the by-laws of said corporation; and that they signed their names hereto by like authority as Vice
President and Assistant Secretary, respectively, of the Corporation.
My Commission expires the first day of July, 19 90
(SEAL)
(Signed)
Ma~ja_~)t I~. fluent
NOTARY PUBLIC
Copy of By.Law
"Article VI, Section 7 - Execution of Instruments.
The Chairman of the Board, the President, any Executive Vice President, any
Vice President, including the Financial Vice President, or any Assistant Vice
President, in conjunction with the Secretary or an Assistant Secretary, shall have
power on behalf of the Company:
(a) to execute, acknowledge, verify and deliver all contracts, obligations, in-
struments and documents whatsoever in connection with its business, including,
without limiting the foregoing, any and all bonds, guarantees, undertakings,
recognizances, stipulations, policies of insurance, deeds, leases, mortgages, re-
leases, satisfactions and agency agreements;
(b) to appoint one or more persons for any or all of the purposes mentioned in
the preceding paragraph (a), including affixing the seal of the Company."
I, Michael P. ~ , an Assistant Secretary of
FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC., do hereby certify that the foregoing is a full, true and
correct copy of the original power of attorney given by said Company to Jim
of Da].l~, T~r~ , authorizing and empowering him
to sign bonds as therein set forth, which power of attorney has never been revoked and is still in full force and effect.
And I do further certify that said Power of Attorney was given in pursuance of a by-law of said Company, and that the
foregoing is a tree and correct copy of said by-law.
In Testimony Whereof, I have hereunto set my hand and the seal of FIDEL1TY AND GUARANTY INSURANCE UN-
DERWRITERS, INC. this 2nd day of Apri 1 - ,19 93
.................................. '~'s's~s~ecretary.
FIDELITY AND
' ' ~' ~., ' :;t~:'!'.iF' '.~.' ~l~" :~ ,. .:;, 'r A .,:,, ' ,'.; :
RWRITERS,
GUARANTY I UNDE
(A SlockEompany)
TEXAS STATUTORY PAYMENT BOND
(Penally of Ihll bond must be 100% of Contract amount)
STATE OF TEXAS
COUNTY OF
KNOW ALL MEN BY THESE PRESENTS;
INC.
80NO NUMBER ...............................
That XIT Paving and Construction, Inc.
(hereinafter called the Principal), as Principal. and FIDELITY AND GUARANTY INSURANCE UNDERWRI-
TERS, INC., a corporation organized under the laws of the Stale of Ohio, a Corporate Surety authorized and
admitted lo do business in the State of Texas and licensed by the State of Texas to execute bonds as Surety,
(hereinafter called the Surety), as Surety, are held and firmly bound unto ......................................
.. ~.t ~,o.4a. r.(;t..P, ~.~.t f.t ~..o.f...T.~ ~a..s.,..~..n.c .. ........................................................................
(hereinafter called the Obtigee), In the penal sum of..t..w.o...h..u.n..d.r..e.d....t.w.e..n..~y...n.! .n.e....t.h..o.u.s..a..n.d...s. ~.x. ......
hur~ d ~ed..~.i.ne t.y..two, arid. 23/. 100 .......................... .~ :-,.-, ~.~ ~.~ ~-.~ :-.., =-.~ ~-.-~ :-..~ :-..~ :-.-~ .-.. Dollars
($.2..2.9. :.6.9..2.: ,2..3.--.T.-.T.~T.qT?.T.-) for the payment of which sum well and truly to be made, we bind ourselves,
our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the ..2.n.,d..
day of...A.?.r.!.l. ............... 19...9.3. , a copy of which is hereto attached and made a part hereof, for
paving improvements for Waterside Estates No. 2 Phase Two
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that If the said Principal shall
pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided
for in said contract, then, this obligation shall be void; otherwise to remain In full force and effeCt.
PROVIDED HOWEVER, that this bond is executed pursuant to the provisions of Article 5160, Revised
Civil Statutes of Texas and all liabilities on this bond to all such claimants shall be delermined in accordance
with Ihe provisions thereof to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this
2nd day of April 19 93
,(Sea )
FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC.
/
CERTIFIED COPY
GENERAL POWER OF ATTORNEY
NO. FG 149
KNOW ALL MEN BY THESE PRESENTS:
That FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC., a corporation organized and existing
under the laws of the State of Ohio, and having its principal office at 100 Light Street, Baltimore, Maryland 21203, does
hereby constitute and appoint 3J.m M~ 1 ~ ~rrnc~
of the City of Dol 1 an , State of Te~ra.,n
its true and lawful Attorney-in-Fact, with power and authority to sign its name as surety to, and to execute, seal, acknowledge
and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof; and the said
FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. hereby ratifies and confirms all of the acts of said
Attorney-in-fact, pursuant to these premises.
This appointment is made under and by authority of a by-law of the said FIDELITY AND GUARANTY INSURANCE
UNDERWRITERS, INC., a certified copy of which is hereto annexed and made a part of this Power of Attorney.
IN WITNESS WHEREOF, the said FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. has
caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice-President and Assistant
Secretary, this ].2th day of Feb~,-~r-,~r , 19 90
FIDELITY AND GUARANTY INSURANCE
UNDERWRITERS, INC.
(Signed) ~y
Vice-President.
Assistant Secretary.
STATE OF MARYLAND )
SS:
BALTIMORE CITY )
On this ].2th day of Yeb~a~'y , 19 90, before me personally came
t~'i I 1 ~ a~ ?. b-'pJ..i.o:lt , Vice President of FIDELITY AND GUARANTY
INSURANCE UNDERWRITERS, INC. and r,o T,. I-II.i~fe~' , Assistant
Secretary of said Corporation, with both of whom I am personally acquainted, who being by me severally sworn, said that
they, the said lt/411 ~ ~ F. b-~t , and r.. i',. Hupfer
were respectively the Vice President and Assistant Secretary of the said FIDELITY AND GUARANTY INSURANCE
UNDERWRITERS, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each
knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal; that it was so
affixed by authority of the by-laws of said corporation; and that they signed their names hereto by like authority as Vice
President and Assistant Secretary, respectively, of the Corporation.
My Commission expires the first day of July, 19 90
(SEAL)
(Signed)
NOTARY PUBLIC
Copy of By-Law
· 'Article VI, Section 7 - Execution of Instruments.
The Chairman of the Board, the President, any Executive Vice President, any
Vice President, including the Financial Vice President, or any Assistant Vice
President, in conjunction with the Secretary or an Assistant Secretary, shall have
power on behalf of the Company:
(a) to execute, acknowledge, verify and deliver all contracts, obligations, in-
struments and documents whatsoever in connection with its business, including,
without limiting the foregoing, any and all bonds, guarantees, undertakings,
recognizances, stipulations, policies of insurance, deeds, leases, mortgages, re-
leases, satisfactions and agency agreements;
(b) to appoint one or more persons for any or all of the purposes mentioned in
the preceding paragraph (a), including affixing the seal of the Company."
I, Michael P. H~,~,',:aad , an Assistant Secretary of
FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC., do hereby certify that the foregoing is a full, true and
correct copy of the original power of attorney given by said Company to Jim M~ 'l 1 ,=&nv, an
of D~l 'l;~, Texas , authorizing and empowering him
to sign bonds as therein set forth, which power of attorney has never been revoked and is still in full force and effect.
And I do further certify that said Power of Attorney was given in pursuance of a by-law of said Company, and that the
foregoing is a true and correct copy of said by-law.
In Testimony Whereof, I have hereunto set my hand and the seal of FIDELITY AND GUARANTY INSURANCE UN-
DERWRITERS, INC. this 2nd day of April : , 1993
.................................. '~'s'si.~;~ecretary.