ST9401WA-CN 960412PROJECT NO. ST 94-OI-WA
CONTRACT DOCUMENTS
FOR
WATER MAIN IN DENTON TAP
FROM: PARKWAY BOULEVARD
TO: 8.H. 121 BYPA88
Coppell, Texas
December 1995
ROAD
The City With
A Beautiful Future
Prepared for=
THE CITY OF COPPELL
ENGINEERS SURVEYORS LAND PLANNERS
4~e mneY ~ SuOE 1~0 ~ ~ 7r~18 uL~ (m 7)467-7700
3908 S(XITH FREEWAY FORT WORTH, TEXAS 76110 (817)926-0212
!l '
PROJECT:
CONTRACTOR:
OWNER:
CHANGE ORDER NO.:
Item
ADD: 12
15
27
31
32
CITY OF COPPELL
CHANGE OR EXTRA WORK ORDER
16" Water Main Improvements/Denton Tap Rd. (Parkway to S.H. 121 Bypass)
ST 94-01 WA
J.C. Evans Construction Co., Inc.
City of Coppell
1 DATE: March 26, 1996
CHANGE OR EXTRA WORK TO BE DONE
Description
Cast Iron Fittings,
including polywrap,
blocking and acces.
2" HMAC sawcut
CTB backfill
Trench Safety
8" Gate Valve
8" Water Line
Quantity Unit Unit Price Total
0.99 TON 2,500.00 2475.00
47 LF 30.00 1440.00
235 LF 1.00 235.00
2 EA 800.00 1600.00
235 LF 49.50 11,632.50
Total Revision to Contract Amount
Previous contract amount
Net increase in contract amount
Revised contract amount
Net increase in contract time of completion
Revised Contract time of completion
$17,382.50
$ 263,676.00
$17,382.50
$ 281,058.50
N/A
N/A
The contractor hereby accepts this Contract adjustment as a final and complete adjustment in full accord
and satisfaction of all past and future liability originating under any clause in the Contract by reason of
this revision to the Contract.
Date:
Date: ~3' "7'
W&A #94-093
WATER MAIN
PROJECT NO. ST 94-01-WA
CONTRACT DOCUMENTS
FOR
16" WATER MAIN IMPROVEMENTS
IN DENTON TAP ROAD
FROM PARKWAY BOULEVARD TO S.H. 121 BYPASS
Coppell, Texas
December 1995
Prepared For
THE CITY OF COPPELL
Prepared By
WIER & ASSOCIATES, INC.
W&A #94-093
WATER MAIN
SECTION B
NOTICE TO BIDDERS
CITY OF COPPELL, TEXAS
16" Water Main - ST94-01-WA
Bid No. Q1295-O3
The City of Coppell is accepting bids for 16" Water Main. Sealed bids addressed to the
Purchasing ~l~j~t, City of Coppell, Texas, for 16" Water Main will be received in the
Purchasing at the City of Coppell Town Center, 225 Parkway Boulevard, until 2:00 p.m.
on January 30, 1995 and then publicly opened and read aloud. Each Bidder shall submit two
identical copies of this bid with the City of Coppell Bid No. Q1295-03 designated cleady on the
extedor of the bid envelope.
A Pre--Bid Conference is scheduled for January 23, 1996 at 2:00 p.m. in the City of Coppell's
Town Center. Attendance to the Pre-Bid Conference is not mandatonj to bid.
Proposals shall be accompanied by a cashiers or certified check upon a national or state
bank, or savings and loan in an amount not less than five percent (5%) of the total maximum
bid price, payable without recourse to the City of Coppell, or a bid bend in the same amount
from a reliable surety company, as a guarantee that the bidder will enter into a contract and
execute performance bond and payment bond within ten (10) days after notice of award of
contract to him. The notice of award of contract will be given by the Owner within ninety (90)
days following the opening of bids.
The successful bidder must furnish performance bond upon the form provided in the amount of
100 percent of the contract pdce and a matedal and labor payment bond upon the form
provided in the amount of 100 percent of the contract price from an approved surety company
holding a permit from the State of Texas to act as surety, or other surety or sureties acceptable
to the Owner.
The Owner reserves the dght to reject any or all bids and to waive formalities. Unreasonable
or unbalanced unit pdces will be considered sufficient cause for rejection of any bid or bids.
NO BID TRANSMITTED BY FAX WILL BE ACCEPTED.
Bidders are expected to inspect the site of the work and to inform themselves regarding local
conditions and conditions under which the work is to be done.
Complete sets of bidding document s must be used in preparing Bids; the City of Coppell
assumes no responsibility for errors or misinterpretations resulting from the use of incomplete
sets of Bidding Documents.
Pins, specifications and bidding documents may be purchased from the office of the
Purchasing Agent, 255 Parkway Boulevard, Coppell, Texas 75019, for the sum of Twenty-Five
Dollars ($25.00) per set, non-refundable.
MARK ENVELOPE: "Bid No. Q-1295-03"
ALL BIDS MUST BE RECEIVED IN THE CITY'S PURCHASING DEPARTMENT
BEFORE OPENING DATE AND TIME
13-1 of 2
CONTRACT DOCUMENTS
TABLE OF CONTENTS
W&A #94-093
WATER MAIN
DIVISION O - BIDDING
SECTION B
SECTION I
SECTION AA
SECTION P
SECTION A
SECTION PB
SECTION MB
SECTION CI
SECTION GC
SECTION SC
SECTION WR
SECTION AD
SECTION PA
AND CONTRACT REQUIREMENTS
Notice to Bidders
Instruction to Bidders
Affidavit Against Prohibited Acts
Proposal and Bid Affidavit
Agreement
Performance and Payment Bonds
Maintenance Bond
Certificate of Insurance
General Conditions
Supplementary Conditions
Wage Rate Schedule
Addenda
Payment Affidavit
DIVISION 1 - GENERAL
ITEM 1.1
ITEM 1.2
ITEM 1.3
ITEM 1.4
ITEM 1.5
ITEM 1.6
ITEM 1.7
ITEM 1.8
ITEM 1.9
ITEM 1.10
ITEM 1.11
ITEM 1.12
ITEM 1.13
ITEM 1.14
ITEM 1.15
ITEM 1.16
ITEM 1,17
ITEM 1.18
ITEM 1.19
ITEM 1.20
ITEM 1.21
ITEM 1.22
REQUIREMENTS
Abbreviations
Summary of Work
Schedule of Work
Measurement and Payment and Pay Item Clarification
Submittals
Testing
Utilities
Security
Dust Control
Storm Water Management and Erosion Control
Ingress and Egress
Traffic Control
Trench and Subsurface Construction
Inspection
Trees and Shrubs
Cleanup
Reference Specifications
Excess Excavation Materials
Trench Compaction
Trench Spoil
DIVISION 2 - TECHNICAL SPECIFICATIONS
ITEM 2.1 Seeding
ITEM 2.2 Chain Link Fence
ITEM 2.3 Structural Steel
ITEM 2.4 Painting
DIVISION PS - PROJECT SIGN
DIVISION SB ~ GEOTECHNICAL REPORT AND SOIL BORINGS
DIVISION TSP - TRENCH SAFETY PLAN (PROVIDED BY CONTRACTOR)
SECTION B
NOTICE TO BIDDERS
SECTION B - NOTICE TO BIDDERS
W&A #94-093
WATER MAIN
PUBLIC NOTICE STATEMENT FOR ADA COMPLIANCE
The City of Coppell acknowledges its responsibility to comply with the Americans With
Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require special
services (i.e. sign interpretative services, alternative audio/visual devices, and amanuenses)
for participation in or access to the City of Coppell sponsored public programs. services and/or
rr.;.:tings, the City requests that individuals make request for these services forty-eight (48)
hours ahead of the scheduled program, service and/or meeting. To make arrangements,
contact Vivyon V. Bowman, ADA Coordinator or other designated official at (214) 462-0022, or
(I'DD 1-8(X)-RELAY. TX 1-800-735-2989).
B-2 of 2
SECTION I
INSTRUCTIONS TO BIDDERS
SECTION I
INSTRUCTIONS TO BIDDERS
W&A #94-093
WATER MAIN
1. ~MdTe~s
Terms used in these Instructions to BIDDERS which are defined in the Standard General
Conditions of the Construction Contract (No. 1910-8, 1983 ed.) have the meanings assigned to
them in the General Conditions. The term "BIDDER" means one who submits a bid directly to
OWNER, as distinct from a SUB-BIDDER, who submits a bid to a BIDDER. The term
"Successful BIDDER" means the lowest, qualified, responsible and responsive BIDDER to
whom OWNER (on the basis of OWNER'S evaluation as hereinafter provided in 1-16) makes
an award. The term "Bidding Documents" includes the Advertisement or Notice to BIDDERS,
Instructions to BIDDERS, the Proposal, Bid Affidavit and the proposed Contract Documents
including all addenda issued pdor to receipt of bids). The term "OWNER" refers to the City of
~ppell, Texas. This project was designed by Wier & Assodates, Inc.; however, the term
ENGINEER refers to the City Engineer of the City of Coppell or his duly authorized
representative.
2. Copies of Bidding Documents
2.1. Complete sets of the Bidding Documents in the number and for the purchase
amount. if any. sited in the Advertisement or Notice to Bidders may be obtained from
the City Purchasing Agent.
2.2. Complete sets of Bidding Documents must be used in preparing bids; the OWNER
does not assume any responsibility for errors or misinterpretations resulting from the use
of incomplete sets of Bidding Documents.
2.3. The OWNER in making copies of Bidding Documents available on the above terms
do so only for the purpose of obtaining bids on the work and do not confer a license or
grant for any other use.
3. Qualification of Bidders
The successful BIDDER may be required to submit written evidence, such as ~nandal data,
present commitments and available equipment, and will submit such data within five days of
OWNER'S written request.
4. Examination of Contract Documents and Site
4.1. It is the responsibility of each BIDDER before submitting a bid to (a) examine the
Contract Documents thoroughly, (b) visit the site to become familiar with local conditions
that may affect cost, progress, performance or fumishing of the work, (c) consider
.federal, state and local laws and regulations that may affect cost, progress, performance
or furnishing of the work, (d) study and carefully correlate BIDDER'S observations with
the Contract Documents and (e) notify ENGINEER of all conflicts, errors or discrepancies
in the Contract Documents.
4.2. Information and data reflected in the Contract Documents with respect to
underground fadlities at or contiguous to the site is based upon information and data
furnished to OWNER, and/or Wier & Associates by owners of such underground facilities
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SECTION I - INSTRUCTIONS TO BIDDERS
W&A ~94-093
WATER MAIN
or other, and OWNER does not assume responsibility for the accuracy or completeness
thereof.
4.3. Provisions concoming responsibilities for the adequacy of data furnished to
prospective BIDDERS on subsurface conditions, underground facilities and other
physicel conditions, and possible changes in the Contract Documents due to diffedng
conditions appear in paragraphs 4.2 and 4.3 of the General Conditions.
4.4. Before submiffing a bid each BIDDER will, at BIDDER'S own expense, make or
obtain any additional examinations, investigations, explorations, tests and studies and
obtain any additional information and data which pertain to the physical conditions
(surface, subsurface and underground facilities) at or contiguous to the site or otheN.,ise
which may affect cost, progress, performance or fumishing of the work and which
BIDDER deems necessary to determine its bid for performing and furnishing the work in
accordance with the time, pdce and other terms and conditions of the Contract
Documents.
4.5. On request in advance OWNER will provide each BIDDER access to the site to
conduct such explorations and tests as each BIDDER deems necessary for submission
of a bid. BIDDER shall fill all holes, clean up and restore the site to its former condition
upon completion of such explorations.
4.6. The lands upon which the work is to be performed, rights-of-way and easements
for access thereto and other lands designated for use by CONTRACTOR in performing
the work are identified in the Contract Documents. All additional lands and access
thereto required for temporary construction facilities or storage of materials and
equipment are to be provided by CONTRACTOR. Easements for permanent structures
or permanent changes in existing structures are to be obtained and paid for by OWNER.
4.7. The submission of a bid will constitute an incontrovertible representation by
BIDDER that BIDDER has complied with every requirement of this Affide 4, that without
exception the bid is premised upon performing and furnishing the work required by the
Contract Documents and such means, methods, techniques, sequences or procedures
of construction as may be indicated in or required by the Contract Documents, and that
the Contract Documents are suffident in scope and detail to indicate and convey
understanding of all terms and conditions for performance and furnishing of the work.
4.8. Reference is made to the Supplementary Conditions for identification of:
4.8.1. Those reports or explorations and tests of subsurface conditions at the site
which have been utilized by Wier & Associates in preparation of the Contract
Documents. BIDDER may rely upon the accuracy of the technical data contained
in such reports, except as qualified in the report, but not upon nontechnical data,
interpretations or opinions contained therein or for the completeness thereof for the
purposes of bidding or construction. CONTRACTOR is alerted to the fact that
certain subsurface conditions may change (such as groundwater levels) and that
bodngs provide isolated information at the spedtic bore location only.
4.8.2. Those drawings of physicel conditions in or relating to existing surface and
subsurface conditions (except underground fadlities) which are at or contiguous to
the site which have been utilized by Wier & Associates in preparation of the
Contract Documents. BIDDER may rely upon the accuracy of the technical data
contained in such drawings but not upon the completeness thereof for the
purposes of bidding or construction.
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SECTION I - INSTRUCTIONS TO BIDDERS
W&A #94-093
WATER MAIN
Copies of such reports and drawings will be made available by OWNER to any BIDDER
on request. Those reports and drawings are not part of the Contract Documents, but the
technical data contained therein upon which BIDDER is entitled to rely as provided in
paragraphs 4.8.1. and 4.8.2. are incorporated therein by reference. Such technical data
has been identified and established in the Supplementary Conditions.
5. Interpretations and Addenda
5.1. All questions about the meaning or intent of the Contract Documents are to be
directed to Purchasing Agent. Interpretations or clarifications considered necessary by
ENGINEER in response to such questions will be issued by Addenda and mailed or
delivered to all parties recorded by Purchasing Agent as having received the Bidding
Documents. Questions received less than 48 hours pdor to the time for opening bids
may not be answered. Any addenda issued pdor to four days of the opening of bids will
be mailed to each CONTRACTOR contemplating the submission of a proposal on this
work. Addenda issued later than four days pdor to the opening of bids must be picked
up by the BIDDER from the Purchasing Department. The CONTRACTOR will be notified
by fax or phone of the issuance of the Addenda. The proposal as submitted by the
CONTRACTOR will be so constructed as to include any addenda if such are issued by
the OWNER pdor to twenty-four (24) hours of the opening of bids. Only questions
answered by formal written Addenda will be binding. Oral and other interpretations or
clarifications will be without legal effect.
5.2. Notice: Any notice provided by this bid (or required by law) to be given to the
successful BIDDER by the City of Coppell shall conclusively deemed to have been given
and received on the next day after such wdtten notice has been deposited in the mail in
the City of Coppell, Texas by Registered or Certified mail with suffident postage affixed
thereto, addressed to the successful BIDDER at the address so provided; provided this
shall not prevent the giving of actual notice in any other manner.
5.3. Addenda may also be issued to modify the Bidding Documents as deemed
advisable by Purchasing Department.
6, Bid Security
6.1. Each bid must be accompanied by bid secudty made payable to OWNER in an
amount of five percent of the BIDDER'S maximum bid pdce and in the form of a certified
bank check or a Bid Bond issued by a surety meeting the requirements of paragraph 5.1
of the General Conditions.
6.2. The bid secudty of the Successful BIDDER will be retained until such BIDDER has
executed the Agreement and fumished the required contract security, whereupon the bid
secudty will be retumed. If the Successful BIDDER fails to execute and deliver the
Agreement and furnish the required contract secudty within fifteen days after the Notice
of Award, OWNER may annul the Notice of Award and the bid secudty of that BIDDER
.will be forfeited. The Bid secudty of other BIDDERS whom OWNER believes to have a
reasonable chance of receiving the award may be retained by OWNER until the eadier
of the seventh day after the Effective Date of the Agreement or sixty days after the bid
opening, whereupon bid secudty furnished by such BIDDERS will be retumed. Bid
secudty with bids which are not competitive will be retumed within seven days after the
bid opening.
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SECTION I - INSTRUCTIONS TO BIDDERS
W&A #94-093
WATER MAIN
7. Contract TIme
7.1. 'The number of days within which, or the dates by which, the work is to be
substantially completed and also completed and ready for final payment (the Contract
TIme) am set forth in the Proposal and the Agreement.
7.2. 'The CONTRACTOR should be aware that the contract time includes all time the
CONTRACTOR is on the site. This time is in working days and begins on the date
stipulated on the Notice to Proceed. The time on the Contract will continue to run until
the project is completed and approved by the City.
8. Liquidated Damages
Provisions for liquidated damages, if any, are set forth in the Agreement.
9. Substitute or "Or-equivalent" Items
The Contract, if awarded, will be on the basis of materials and equipment described in the
Drawings or specified in the Specifications without consideration of possible substitute or "or-
equivalent" items. Whenever it is indicated in the Drawings or specified in the Specification
that a substiMe or "or-equivalent" item of matedal or equipment may be furnished or used by
CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be
considered by ENGINEER until after the Effective Date of the Agreement unless the
ENGINEER. at his option, elects to issue an Addenda naming a substitute or "or-equivalent"
item pnor to receipt of bids. The procedure for submission of any such application by
CONTRACTOR and consideration by ENGINEER is set forth in Paragraphs 6.7.1, 6.7.2 and
6.7.3 of the General Conditions and may be supplemented in the General Requirements.
10. Subcontractors, Suppliers and Others.
10.1. If requested by the OWNER, the apparent Successful Bidder, and any other
bidder so requested, shall, within seven days after the Bid opening, submit to OWNER a
list of all Subcontractors, Suppliers and other persons and organizations proposed for
portions of the Work for which identification is requested. Such list shall be
accompanied by an experience statement with pertinent information regarding similar
projects and other evidence of qualification for each such Subcontractor, Supplier,
person or organization if requested by OWNER. If OWNER after due investigation has
masonable objection to any proposed Subcontractor, Supplier, other person or
organization. either may before the Notice of Award is given request the apparent
Successful Bidder to submit an acceptable substitute, in which case the apparent
Successful Bidder shall submit an acceptable substitute, that BIDDER'S Bid price will be
increased (or decreased) by the difference in cost occasioned by such substitution and
OWNER may consider such pdce adjustment in evaluating Bids and making the contract
award.
If appemnt Successful Bidder declines to make any such substitution, OWNER may
award the contract to the next lowest BIDDER that proposes to use acceptable
Subcontractors, Suppliers and other persons and organizations. The declining to make
'requested substitutions will not constitute grounds for sacrificing the Bid security of any
BIDDER. Any Subcontractor, Supplier, other person or organization listed and to whom
OWNER does not make written objection pdor to the giving of the Notice of Award will be
deemed acceptable to OWNER subject to revocation of such acceptance after the
Effective Date of the Agreement as provided in Paragraph 6.8.2 of the General
Conditions.
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SECTION I - INSTRUCTIONS TO BIDDERS
W&A #94-093
WATER MAIN
10.2. No CONTRACTOR shall be required to employ any Subcontractor, Supplier,
other person or organization against whom CONTRACTOR has reasonable objection.
propouI.
11.1. The Proposal is included in the Bidding Documents; additional copies may be
obtained from Purchasing Agent. All Bids must be submitted on the Purchasing Agent's
form.
11.2. All blanks on the Proposal must be completed in ink or by typewriter.
11.3. Bids by corporations must be executed in the corporate name by the president or
a vice-president (or other corporate officer accompanied by evidence of authority to sign)
and the corporate seal must be affixed and attested by the secretary or an assistant
secretary. The corporate address and state of incorporation must be shown below the
signature.
11.4. Bids by partnerships must be executed in the partnership name and signed by a
partner, whose title must appear under the signature and the official address of the
partnership must be shown below the signature.
11.5. All names must be typed or pdnted below the signature.
11.6. The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers
of which must be filled in on the Proposal).
11.7. The address and telephone number for communications regarding the Bid must
be shown.
12. Submission of Bids.
12.1. THREE (3) COPIES of the Bids shall be submitted at the time and place indicated
in the Advertisement or Notice to Bidders and shall be enclosed in an opaque, sealed
envelope, marked with the project tiUe (and, if applicable, the designated portion of the
Project for which the Bid is submitted) and the name and address of the BIDDER and
accompanied by the Bid secudty and other required documents. The CONTRACTOR
shall acknowledge, on the outside of the envelope, receipt of any addenda. If the Bid is
sent through the mail or other delivery system the sealed envelope shall be enclosed in a
separate envelope with the notation "BID ENCLOSED" on the face of it. It shall be the
BIDDER'S responsibility for the delivery of his Proposal at the proper place by the time
stated. The mere fact that a Proposal was dispatched will not be considered.
12.2. BIDDER SHALL PROVIDE with this bid response, all documentation required by
this Invitation To Bid. Failure to provide this information may result in rejection of bid.
13, ModificaUon and Withdrawal of Bids.
Bids may be modified or withdrawn by an appropriate document duly executed (in the manner
that a Bid must be executed) and delivered to the place where Bids are to be submitted at any
time prior to the opening of Bids.
14. Opening of Bids.
Bids will be opened and (unless obviously non-responsive) read aloud publicly.
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SECTION I - INSTRUCTIONS TO BIDDERS
W&A/94-093
WATER MAIN
15. Bids to Remain Subject to Acceptance.
All bids will remain subject to acceptance for ninety days after the day of the Bid opening, but
OWNER may, in its sole discretion, release any Bid and retum the Bid security pdor to that
cite.
16. Award of Contract.
16.1. OWNER reserves the dght to reject any and all Bids, to waive any and all
informalities and to negotiate contract terms with the Successful BIDDER, and the dght
to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also,
OWNER reserves the right to reject the Bid of any BIDDER if OWNER believes that it
would not be in the best interest of the Project to make an award to that BIDDER,
whether because the Bid is not responsible or the BIDDER is unqualified or of doubtful
financial ability or fails to meet any other pertinent standard or criteda established by
OWNER. Discrepancies in the multiplication of units of Work and unit pdces will be
resolved in favor of the correct multiplication. Discrepancies between the unit pdce in
words and the unit price in figures will be resolved in favor of the pdce in words.
Discrepancies between the indicated sum of any column of figures and the correct sum
thereof will be resolved in favor of the correct sum.
16.2. In evaluating Bids, OWNER will consider the qualifications of the BIDDERS,
whether or not the Bids comply with the prescribed requirements, and such altemates,
unit prices and other data, as may be requested in the Bid Form or pdor to the Notice ~f
Award.
16.3. OWNER may consider the qualifications and experience of Subcontractors,
Suppliers, and other persons and organizations proposed for those portions of the Work
as to which the identity of Subcontractors, Suppliers, and other persons and
organizations must be submitted as provided in the Supplementary Conditions. Owner
also may consider the operating costs, maintenance requirements, performance data
and guarantees of major items of materials and equipment proposed for incorporation in
the Work when such data is required to be submitted pdor to the Notice of Award.
16.4. OWNER may conduct such investigations as OWNER deems necessary to assist
in the evaluation of any Bid and to establish the responsibility, qualifications and financial
ability of Bidders, proposed Subcontractors, Suppliers and other persons and
organizations to perform and fumish the Work in accordance with the Contract
Documents to OWNER'S satisfaction within the prescribed time.
16.5. If the contract is to be awarded, OWNER will give the Successful BIDDER a
Notice of Award within sixty days after the day of the Bid opening.
17. Contract Security.
Paregraph 5.1 of the General Conditions and the Supplementary Conditions set forth
OWNER'S requirements as to performance and payment Bonds. When the Successful
BIDDER delivers the executed Agreement to OWNER, it must be accompanied by the required
performance and payment bonds.
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SECTION I - INSTRUCTIONS TO BIDDERS
W&A #94-093
WATER MAIN
18. Trench Safety.
The successful bidder will be required to provide a trench safety plan at the time contracts are
signed and within the 15-day time pedod after notice of award. All costs for providing and
implementing the trench safety plan shall be included in the bid item for trench safety.
19. Signing of Agreement.
When OWNER gives a Notice of Award to the Successful BIDDER, it will be accompanied by
the required number of unsigned counterparts of the Agreement with all other wdtten Contract
Documents attached. Within fifteen days thereafter CONTRACTOR shall sign and deliver the
required number of counterparts of the Agreement and attached documents to OWNER with
the required Bonds. Within ten days thereafter OWNER shall deliver one fully signed
counterpart to CONTRACTOR.
20, Retainage.
Provisions conceming retainage are set forth in the Agreement.
21. Sales and Use Taxes.
OWNER is exempt from Local and State Sales and Use Taxes on materials to be incorporated
in the Work. Said taxes shall not be included in the Contract Pdce.
22. Wages.
22.1. Wage rates paid on this project must not be less than indicated on the Wage
Rata Schedule included in these documents which is established by the City of Coppell in
compliance with statutory requirements and prevailing wages in the locality of the project.
22.2. Prevailing Wage Rate for Public Works Projects. The City shall ascertain the
general prevailing rate of wages for each craft of type of workman, or mechanic needed
to execute this contract and shall spedfy in the call for bids of this contract what the
general prevailing rate of wages is in the City of Coppell. The City shall also spedfy the
prevailing rate for legal holiday and overtime work. The contractor must pay the said
spedfled rate to all laborers, workmen, and mechanics employed by him or any
subcontractor under him in the execution of this contract.
22.3. Successful BIDDER shall pay or cause to be paid, without cost of expense to the
City of Coppell, all Social Security, Unemployment and Federal Income Withholding
Taxes of all such employees and all such employees shall be paid wages and benefits as
required by Federal and/or State Law.
23. Indemnity.
Successful Bidder shall defend, indemnify and save harmless the City of Coppell and all its
officers, agents and employees from all suits, actions, or other claims of any character, name
and description brought for or on account of any injudes or damages received or sustained by
any person, persons, or property on account of any negligent act or fault of the successful
BIDDER, or of any agent, employee, subcontractor or supplier in the execution of, or
performance under, any Contract which may result from bid award. Successful BIDDER
indemnifies and will indemnify and save harmless the City from liability, claim or demand on
their part, agents, servants, customers, and/or employees whether such liability, claim or
demand adse from event or casualty happening or within the occupied premises themselves or
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SECTION I- INSTRUCTIONS TO BIDDERS
W&A 194-093
WATER MAIN
happening upon or in any of the halls, elevators, entrances, stairways or approaches of or to
the faciFdies within which the occupied premises are located. Successful BIDDER shall pay
any judgment with costs which may be obtained against the City growing out of such injury or
damages.
:24. Penalty for ViolaUon.
The contractor or subcontractor in violation of these rules is liable to the City for a penalty of Sixty
[:)ollars ($60.00) for each laborer, workman, or mechanic employed for each calendar day or portion
thereof, that such laborer, workman, or mechanic is paid less than the stipulated rates for any work
done under this contract. The money collected shall be used to offset the costs of administering
these requirements. If the City receives a complaint by a laborer, workman, or mechanic it shall
determine within thirty (30) days after receipt whether good cause exists to believe that the
contractor or any subcontractor has committed a violation of these spedfications. The City shall
provide written nob of its determination to the contractor or subcontractor and any affected laborer,
workman, or mechanic. The City shall retain any amounts due under the contract pending a final
determination. If the contractor or subcontractor and any affected laborer, workman, or mechanic fail
to resolve the alleged violation by agreement within foudsen (14) days of the determination by the
City, the issues of the alleged violation, any penalties owed to the public body, and any amounts
owed to any affected laborer, workman, or mechanic shall be submitted to binding arbitration in
accordance with the provisions of the Texas General Arbitration Act. If the paffies fail to agree upon
an arbitrator within ten (10) days, the arbitrator shall be designated by the District Court upon petition
of any party. The decision and award of the arbitrator is final and binding upon all parties and may be
enforced in any court of competent jurisdiction. The City shall not be a party in the arbitration.
25. ArbitraUon.
The arbitrator shall assess and award all reasonable costs, including the arbitrator's fee, against the
party or parties who fail to prevail in the proceeding. Costs may be assessed against the laborer,
workman. or mechanic only if the arbitrator finds that the claim was frivolous. If the arbitrator does
not find that the claim is frivolous and does not make an award to the laborer, workman, or
mechanic, costs will be shared equally by the parties. If the arbitrator determines that a violation of
the specification has occurred, the arbitrator shall assess and award penalties as provided in the Act
and all amounts owed to the affected laborer, workman, or mechanic against the contractor or
subcontractor. The City shall use any amounts retained under this provision to reimburse the laborer,
workman. or mechanic for the amount owed to that person because of the failure to pay the person
the general prevailing rate of wages as provided in the arbitrator's award. If the amounts withheld by
the City are insufficient to fully reimburse the laborer, workman. or mechanic for amounts owed, the
person has a right of action against the contractor or subcontractor and the surety of that person to
recover any amounts owed.
26. TerminaUon for Default.
The City of Coppell reserves the dght to enforce the performance of this Contract in any manner
prescribed by law or deemed to be in the best interest of the City in the event of breach or default of
this Contract. The City of Coppell reserves the dght to terminate the Contract immediately in the
event the successful Bidder fails to:
1. meet schedules;
2. defaults in the payment of any fees; or
3. otherwise perform in accordance with these Specifications.
I-8 of 9
SECTION I ~ INSTRUCTIONS TO BIDDERS
W&A e94-O93
WATER MAIN
Breach of Contract or default authorizes the City of Coppell to exercise any or all of the following
1. The City may take possession of the assigned premises and any fees accrued or becoming
due to date;
2. The City may take possession of all goods, f'bxtures and materials of successful Bidder therein'
and may foreclose its lien against such personal property, applying the proceeds toward fees
due or thereinafter becoming due.
In the event the successful Bidder shall fail to perform, keep or observe any of the terms and
conditions to be performed, kept or observed, the City shall give the successful Bidder written notice
of such default; and in the event said default is not remedied to the satisfaction and approval of the
city within two (2) working days of receipt of such notice by the successful Bidder, default will be
declared and all the successful Bidder's rights shall terminate.
Bidder, in submitting this bid, agrees that the City of Coppell shall not be liable to prosecution for
damages in the event that the City declares the Bidder in default.
27. Remedies.
The successful BIDDER and the City of Coppell agree that both parties have all dghts, duties,
and remedies available as stated in the Uniform Commercial Code.
28, Venue.
This Agreement will be governed and construed according to the laws of the State of Texas.
This Agreement is performable in the City of Coppell, Texas.
29. Assignment.
The successful BIDDER shall not sell, assign, transfer or convey this Contract, in whole or in
pad, without prior written consent of the City of Coppell.
30. Insurance.
Each insurance policy to be fumished by successful BIDDER shall include, by endorsement to
the policy, a statement that a notice shall be.given to the City of Coppell by Certified Mail thirty
(30) days pdor to cancellation or upon any matedal change in coverage.
31. Questions.
Any questions concerning this Invitation To Bid and Specifications should be directed to the
Purchasing Department at 214-304-3698.
I-9 of 9
SECTION AA
AFFIDAVIT AGAINST PROHIBITED ACTS
AFFIDAVIT AGAINST PROHIBITED ACTS
! hereby affirm that I am aware of the provisions of the Texas Penal Code Sec. 36.02, 36.08,
36.09. and 36.10 (a copy of which follows). dealing with Bdbery and Gifts to Public Servants. I
further affirm that I will adhere to such rules and instruct and require all agents, employees,
and sub-contractors to do the same. I am further aware that any violation of these rules
subjects this agreement to revocation. my removal from bid lists, prohibiting future
contract/subcontract work, revocation of permits, and prosecution.
Signature
ATTEST (if
Date
"~l~)%ate
TITLE 8: OFFENSES AGAINST PUBLIC ADMINISTRATION
TEXAS PENAL CODE
36.02 Bribery
(b)
(c)
A person commits an offense if he intentionally or knowingly offers, confers, or agrees to
confer on another, or solicits, accepts. or agrees to accept from another
(1) any benefit as consideration for the recipient's decision, opinion, recommendation,
vote or other exercise of discretion as a public servant, party official, or voter;
(2) any benefit as consideration for the recipienrs decision. vote. recommendation, or
other exercise of official discretion in a judicial or administrative proceeding; or
(3) any benefit as consideration for a violation of a duty imposed by law on a public
servant or party official
It is no defense to prosecution under this section that a person whom the actor sought to
influence was not qualified to act in the desired way whether because he had not yet
assumed office or he lacked jurisdiction or for any other reason
It is no defense to prosecution under this section that the benefit is not offered or conferred or
that the benefit is not solicited or accepted until after
(1) the decision. opinion, recommendation, vote, or other exercise of discretion has
occurred;. or
(2) the public servant ceases to be a public servant
An offense under this section is a felony of the second degree.
§ 36.08 Gift to Public Servant by Person Subject to His Jurisdiction
(b)
(c)
(d)
A public servant in an agency performing regulatory functions or conducting inspections or
investigations commits an offense if he solicits, accepts. or agrees to accept any benefit from
a person the public servant knows to be subject to regulation. inspection, or investigation by
the public servant or his agency.
A public servant in an agency having custody of prisoners commits an offense if he solicits,
accepts, or agrees to accept any benefit from a person the public servant knows to be in his
custody or the custody of his agency.
A public servant in an agency carrying on civil or criminal litigation on behalf of govemment
commits an offense if he solicits, accepts, or agrees to accept any benefit from a person
against whom the public servant know litigation is pending or contemplated by the public
servant or his agency.
A public servant who exercises discretion in connection with contracts, purchases,
payments. claims. or other pecuniary transactions of govemment commits an offense if he
solicits. accepts, or agrees to accept any benefit from a person the public knows is interested
in or likely to become interested in any contract, purchase, payment, claim, or transaction
involving the exercise of his discretion.
(e) A public servant who has judicial or administrative authority, who is employed by or in a
tribunal having judicial or administrative authority, or who participated in the enforcement of
the tribunal's dension, commits an offense if he solicits, accepts, or agrees to accept any
benefrt from a person the public servant knows is interested in or likely to become interested
in any matter before the public servant or tribunal.
(f) A public servant who is a member of or employed by fie legislature or by an agency of the
legislature commits an offense if he solicits, accepts, or agrees to accept any benefit from
any person.
(g) An offense under this section is a Class A misdemeanor.
§ 36.09 Offering Gift to Public Servant
(a) A person commits an offense if he offers, confers, or agrees to confer any benefit on a public
servant that he knows the public servant is prohibited by law from accepting.
(b) An offense under this section is a Class A misdemeanor.
§ 36.10 Non-Applicable
Sections 36.08 (Gift to Public Servant) and 36.09 (Offering Gift to Public Servant) or this code
do not apply to:
(1) a fee prescribed by law to be received by a public servant or any other benefit to which the
public servant is lawfully entiUed or for which he gives legitimate consideration in a capaclly
other than a public servant;
(2) a gift or other benefrt conferred on account of kinship or a personal, professional, or business
relationship independent of the official status of the recipient;
(3) an honoradum in consideration for legitimate services rendered above and beyond official
duties and responsibilities if;
(A) not more than one honoradum is received from the same person in a calendar year;
and
(B) not more than one honoradum is received for the same service; and
(C) the value of the honoredurn does not exceed $250 exclusive of reimbursement for
travel, food, and lodging expenses incurred by the recipient in performance of the
services;
(D) the honorarium, regardless of amount, is reported in the financial statement filed
under Chapter 421, Acts of the 63rd Legislature, 1973 (Article 6252-9b. Vemon's
Texas Civil Statutes), if the recipient is required to file a financial statement under
that Act;
(4) a beneffi consisting of food, lodging, transportation, or entertainment accepted as a guest
and reported as required by law; or
(5)
~)
8 benefit to a public servant required to file a statement under Chapter 421. Acts of the 63rd
Legislature, 1973 (Article 6252-9b. Vemon's Texas Civil Statutes), or Section 243, Texas
Election Code (Article 14.07, Vemon's Texas Election Code), that is dedved from a function
in honor or appreciation of the recipient if;
(A) the benefit and the source of any benefit in excess of $50 is repoded in the
statement; and
(B) the benefit is used solely to defray the expenses that accrue in the performance of
dudes or activities in connection with the office which are nonreimbursable by the
state or politicel subdivision.
Subsection (5) of Section 36.10 of this Act does not apply to those public servants designed
in Section 36.08(f) of this Act 30 days pdor to or dudng a regular session of the Texas
Legislature.
SECTION P
PROPOSAL,
BID AFFIDAVIT
AND
AFFIDAVIT OF SAFETY RECORD
SECTION
P-PROPOSAL
W&A #94-093
WATER MAIN
BID AFFIDAVIT
The undersigned certifies that the bid pdces contained in this bid have been carefully reviewed and are
submitted as correct and final. Bidder further certifies and agrees to furnish any and/or all commodities
upon which prices are extended at the pdce offered, and upon the conditions contained in the
Specifications of the Notice to Bidders.
days from the date of the bid opening.
STATE OF
BEFORE ME, the undersigned authority. a Notary Public in and for the State of
this day personally appeared
sworn, did depose and say:
The pedod of acceptance of this bid will be ninety (90) calendar
COUNTY OF ~
~ , On
who after being by me duly
EVANS CONSTRUCTION CO., INC.
to execute the foregoing on behalf of the said
am a duly authorized officer/agent for
and have been duly authorized
J.C. EVANS CONSTRUCTION CO., INC.
I hereby certify that the foregoing bid has not been prepared on collusion with any other Bidder or
individual(s) engaged in the same line of business pdor to the official opening of this bid. Further, I certify
that the Bidder is not now, nor has been for the past six (6) months, directly or indirectly concemed in any
pool, agreement or combination thereof, to control the pdce of sen/ices/commodities bid on, or to
influence any individual(s) to bid or not to bid thereon."
Name and address of Bidder:J.C. EVANS CONSTRUCTION CO., INC.
suasc~a~o ~No SWO~N to befo~ me by ~ ~[~
on ~is ~e ~ day of ~ ~ { ,1 ~.
Nota~ Public in and for the State of
P-11 of 12
SECTION P - PROPOSAL
W&A #94-093
WATER MAIN
AFFIDAVIT OF SAFETY RECORD
(I) (We) the undersigned do declare and affirm that (my) (our) firm or corporation (has) (have) received
"~{r/f,f_,~ citation from the Occupational Safety and Health
Administration (OSHA) within the past two ~)~rs and (I) (We) do further declare and affirm that (my) (our) firm or
corporation (has) (have) experienced worker injudes related to construction safety on projects
within the pest two (2) years.
Name of Subcontractor
Officers Name & Title
Signature of Officer
Date
J.C. EVANS CONSTRUCTION C0., INC.
Name of Firm
Date
STATE OF TEXAS §
COUNTY OF ~ §
o:FOR~ , · · , Notary Public in ~.,,~)r the State of Texas, on this day appeared
, known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that (he) (she) (they) executed the same for the purposes and
considerations therein expressed as the act and deed of said firm or corporation, and in the cepaclty therein
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF I I __, -19q A.D.
Notary~a~te of Texas
P-12 of 12
SECTION P
PROPOSAL
FOR
16" WATER MAIN IMPROVEMENTS
IN DENTON TAP ROAD
FROM PARKWAY BOULEVARD TO S.H. 121 BYPASS
Coppell, Texas
W&A fffi4-093
WATER MAIN
Date: December1995
TO:
THE CITY OF COPPELL
255 Parkway Boulevard
P. O. Box 478
Coppell, Texas 75019
Gentlemen:
1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an
Agreement with OWNER in the form included in the Contract Documents to perform and furnish all
Work as specified or indicated in the Contract Documents for the Contract Pdce and within the
Contract Time indicated in this Bid and in accordance with the other terms and conditions of the
Contract Documents.
2. BIDDER accepts all of the terms and conditions of the Advertisement or Notice to Bidders and
Instructions to Bidders, including without limitation those dealing with the disposition of Bid security.
This Bid will remain subject to acceptance for ninety days after the day of Bid opening. BIDDER will
sign and submit the Agreement with the Bonds and other documents required by the Bidding
Requirements within fifteen days after the date of OWNER'S Notice of Award.
3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that:
3.1. BIDDER has examined copies of all the Bidding Documents and of the following Addenda
(receipt of which is hereby acknowledged):
DATE
January 26, 1996
NUMBER
Addendum No.1
3.2. BIDDER has familiadzed itself with the nature and extent of the Contract Documents, Work,
site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost,
progress, performance or fumishing of the Work.
3.3. BIDDER has studied carefully all reports and drawings of subsurface conditions and drawings
of physical conditions which are identified in the Supplementary Conditions as provided in paragraph
P-1 of 9
SECTION P - PROPOSAL
W&A #94-093
WATER MAIN
4.2 of the General Conditions, and accepts the determination set forth in paragraph SC-4.2 of the
Supplementary Conditions of the extent of the technical data contained in such reports and drawings
upon which BIDDER is entitled to rely.
3.4. BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and
carefully studying) all such examinations, investigations, explorations, tests and studies (in addition
to or to supplement those referred to in 3.3 above) which pertain to the subsurface or physical
conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the
Work as BIDDER considers necessary for the performance or furnishing the Work at the Contract
Pdce, within the Contract Time and in accordance with the other terms and conditions of the
Contract Documents, including specifically the provisions of paragraph 4.2 of the General
Conditions; and no additional examinations, investigations, explorations, tests, reports or similar
information or data are or will be required by BIDDER for such purposes.
3.5. BIDDER has reviewed and checked all information and data shown or indicated on the
Contract Documents with respect to existing Underground Facilities at or contiguous to the site and
assumes responsibility for the accurate location of said Underground Facilities. No additional
examinations, investigations, explorations, tests, reports, or similar information or data in respect of
said Underground Facilities are or will be required by BIDDER in order to perform and fumish the
Work at the Contract Pdce, within the Contract Time and in accordance with the other terms and
conditions of the Contract Documents, including specifically the provisions of paragraph 4.3 of the
General Conditions.
3.6. BIDDER has correlated the results of all such observations, examinations, investigations,
exploration. s, tests, reports and studies with the terms and conditions of the Contract Documents.
3.7. BIDDER has given ENGINEER wdtten notice of all conflicts, errors or discrepancies that it has
discovered in the Contract Documents and the wdtten resolution thereof by ENGINEER is
acceptable to BIDDER.
4. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or
corporation and is not submitted in conformity with any agreement or rules of any group, association,
organization or corporation; BIDDER has not directly or indirectly induced or solicited any other BIDDER to
submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain
from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other
BIDDER or over OWNER.
5. BIDDER will complete the Work for the pdces indicated in the following schedule:
P-2 of 12
SECTION P-PROPOSAL
ITEM QUAN. UNIT
NO.
DESCRIPTION & PRICE IN WORDS
UNIT
PRICE
W&A #94-093
WATER MAIN
TOTAL
PRICE
1. I LS
2. 1 LS
3. 67 LF
4. 455 LF
5. 558 LF
Relieve water pressure on existing line,
remove plug and blocking and connect
to existing 16" Water Line at Parkway
Boulevard complete for the sum of
One thousand
DOLLARS
and No CENTS
per Lump Sum
Relieve water pressure on existing line,
remove plug and blocking and connect
to existing 12" Water Line at S.H. 121
Bypass complete for the sum of
One thousand
DOLLARS
and No CENTS
per Lump Sum
6" PVC DR-14 Water Line including
trench, embedment and backfill
complete for the sum of
Thirty DOLLARS
and No CENTS
per Linear Foot
12" PVC DR-14 Water Line in casing
Pipe, including spacers, complete in
place for the sum of
Thirty-five DOLLARS
and No CENTS
per Linear Foot
12" D.I. Class 250 Polywmpped Water
Line including trench, embedment and
backfill complete for the sum of
Thirty-seven DOLLARS
and No CENTS
per Linear Foot
1,000.00
1.000.00
30.00
35.00
37.00
1,000.00
1,000.00
2,010.00
15,925.00
20,646.00
P-3 of 12
SECTION P - PROPOSAL
ITEM QUAN. UNIT
NO.
6. 3,117 LF
7. 6 EA
8. 7 EA
DESCRIPTION & PRICE IN WORDS
16" D.I. Class 250 Polywrapped Water
Line including trench, embedment and
backfill complete for the sum of
Forty DOLLARS
and No CENTS
per Linear Foot
6" Gate Valve, including box and lid, box
and stem extensions, concrete pad and
blocking per City Standard SD15
complete for the sum of
Five hundred
DOLLARS
and No CENTS
per Each
12" Gate Valve, including box and lid,
box and stem extension, concrete pad,
and blocking per City Standard SD15
complete for the sum of
Onethousand
DOLLARS
and No CENTS
per Each
UNIT
PRICE
40.00
50O.00
1,000.00
W&A #94-093
WATER MAIN
TOTAL
PRICE
$ 124,680.00
$ 3,000.00
$ 7,000.00
P~4 of 12
SECTION P - PROPOSAL
ITEM QUAN. UNIT
NO.
DESCRIPTION & PRICE IN WORDS
UNIT
PRICE
W&A #94-093
WATER MAIN
TOTAL
PRICE
9. 4 EA
10. 3 EA
11. I EA
12. 6.2 TON
16" Vertical Resilient Seated Gate
Valve, including foundation blocking,
box, lid, stem extension, and concrete
pad complete for the sum of
Three thousand two hundred DOLLARS
and NO CENTS
per Each
Fire Hydrant Assembly, per City
Standard SD16 including hydrant
extensions and reflective marker, set to
grade complete for the sum of
One thousand five hundredDOLLARS
and No CENTS
per Each
Remove & Reset existing Fire Hydrant
Assembly, per City Standard SD16
including hydrant extensions, paint, set
to grade at Water Line Station 11+30,
complete for the sum of
EiGht hundred
DOLLARS
and No CENTS
per Each
Cast Iron Fittings, complete in place
including polywrap, blocking, and
accessories complete for the sum of
Two thousand five hundred DOLLARS
and No CENTS
per Ton
3,200.00
1,500.00
800.00
2,500.00
12,800.00
4,500.00
800.00
15,500.00
P-5 of 12
SECTION P - PROPOSAL
ITEM QUAN. UNIT
NO.
13. I EA
14. 8 LF
15. 48 LF
16. 48 LF
DESCRIPTION & PRICE IN WORDS
6" Blow-off Valve, including 6" gate
valve, 6" water line, trench, and
blocking, complete in place for the sum
of
Eight hundred
DOLLARS
and No CENTS
per Each
Concrete encasement for 16" Water
Line complete in place for the sum of
Fifteen DOLLARS
and No CENTS
per Linear Foot
Asphalt Pavement Removal and Repair
at Denton Tap Road crossing including
sawing breakout groove, C.T.B. backfill,
2" HMAC and temporary patch (if
required) complete for the sum of
Thirty DOLLARS
and No CENTS
per Linear Foot
Existing Gravel Ddveway Repair at park
entrance including crushed stone or
gravel, C.T.B. backfill, complete for the
sum of
Ten DOLLARS
and No CENTS
per Linear Foot
UNIT
PRICE
80O.0O
15.00
30.00
10.00
W&A #94-093
WATER MAIN
TOTAL
PRICE
800.00
120.00
1,440.00
480.00
P-6 of 12
SECTION P - PROPOSAL
ITEM QUAN. UNIT
NO.
17. 64 LF
18. 1,139 LF
19. 100 CY
20. I LS
DESCRIPTION & PRICE IN WORDS
Remove and Reset existing Metal Beam
Guard Fence TxDOT Type GF (TD)-87,
complete for the sum of
Twenty DOLLARS
and No CENTS
per Linear Foot
Remove and Replace existing Barbed
Wire Fence to equal or better condition,
with smooth wire fence, complete for the
sum of
Three DOLLARS
and No CENTS
per Linear Foot
Crushed Stone at Unstable Trench
(exceeding normal bedding) complete
for the sum of
Ten DOLLARS
and No CENTS
per Cubic Yard
6' High Chain Link Barder Fence
installed along existing bddge rail and
cross barriers at ends of pipe crossing
complete for the sum of
Three thousand one hundred forty
DOLLARS
and No CENTS
per Lump Sum
UNIT
PRICE
20.00
3.00
10.00
3,140.00
W&A #94-093
WATER MAIN
TOTAL
PRICE
1,280.00
3,417.00
1,000.00
3,140.00
P-7 of 12
SECTION P - PROPOSAL
ITEM QUAN. UNIT
NO.
21. I LS
22. 20 LF
23. 12 LF
24. 20 LF
DESCRIPTION & PRICE IN WORDS
Elevated 12" Water Line Crossing at
existing bddge including connections to
existing bddge, foundations, steel
beams, steel supports and connections,
12" P.I. Water Line, cradles, straps, 2"
air and vacuum valve, and paint
complete for the sum of
Twenty-five thousand ninety-four
DOLLARS
and No CENTS
per Lump Sum
Silt Fence non-reinforced complete for
the sum of
Four DOLLARS
and No CENTS
per Linear Foot
Silt Fence with reinforcing wire fence
complete for the sum of
Five DOLLARS
and No CENTS
per Linear Foot
12" High Rock Berm/Silt Dam complete
for the sum of
Thirty DOLLARS
and No CENTS
per Linear Foot
UNIT
PRICE
25,094.00
4.00
5.00
30.00
W&A #94-093
WATER MAIN
TOTAL
PRICE
25,094.00
80.00
60.00
600.00
P~8 of 12
SECTION P - PROPOSAL
W&A fffi4-093
WATER MAIN
ITEM QUAN. UNIT
NO.
25. 0.30 AC
26. 0.60 AC
27. 3,209 LF
28. I EA
29. 3 EA
30. 455 LF
DESCRIPTION & PRICE IN WORDS
Hydromulch Seeding of area disturbed by
construction within city park at the bddge
embankments and other areas indicated on
the plans complete for the sum of
One thousand five hundred DOLLARS
and No CENTS
per Acre
Broadcast Seeding of areas disturbed by
construction excluding Hydromulch seeded
areas complete for the sum of
Seven hundred DOLLARS
and No CENTS
per Acre
Provide Trench Excavation Safety
Protection in accordance with the Trench
Safety Plans and OSHA regulations
complete for the sum of
One DOLLARS
and No CENTS
per Linear Foot
1" Flush Valve for flushing & sterilization,
complete in place for the sum of
Three hundred fifty
DOLLARS
and No CENTS
per Each
2" Flush Valve for flushing & sterilization,
complete in place for the sum of
Five hundred DOLLARS
and No CENTS
per Each
Minimum 21" Steel Casing Pipe (1/4") or
Class III Reinforced Concrete Pipe Casing
including trench and backfill, complete in
place for the sum of
Twenty-five DOLLARS
and No CENTS
per Linear Foot
TOTAL BID
UNIT
PRICE
1,500.00
700.00
1.00
350.00
500.00
25.00
TOTAL
PRICE
450.00
420.00
3,209.00
350.00
1,500.00
11,375.00
263,676.00
P-9 of 12
SECTION P - PROPOSAL
W&A #94-093
WATER MAIN
TOTAL PARTS MATERIAL TAX EXEMPT
6. BIDDER acknowledges that the quantities indicated in the previous schedule are not
guaranteed and may be changed to conform with the Work, BIDDER has read paragraph 9.10.2 of
the Supplementary Conditions and understands that the quantities shown in the previous schedule
and as modified by change order will be the actual quantities paid by the OWNER for the completion
of the Work,
7. BIDDER agrees that the Work shall be substantially completed within 60 working days and
completed and ready for final payment within 90 working days from the date when the Contract
Time commences to run.
8. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of
failure to complete the work on time.
9. The terms used in this Bid which are defined in the General Conditions of the Construction
Contract included as part of the Contract Documents have the meanings assigned to them in the
General Conditions.
Respectfully s~__,~tted,
oe Bland
~Vice President
Address J.C. Evans Construction Co. Inc
3900 Valley View Dr., IrvinG, TX 75062
Phone No. 214-257-0639
FAX No. 214-255-3224
Submitted by
J.C. Evans Construction Co., Inc.
a corporation
Doing business as J.C. Evans Construction Co., Inc.
Communication concerning this Bid should be directed to the attention of
Ruben Garza
P-10 of 12
' T '
SECTION A
AGREEMENT
SECTION A
AGREEMENT
BETWEEN OWNER AND CONTRACTOR
THIS AGREEMENT is dated as of the I~ day of le~r~{ ~
19 96 by and between the City of Coppell (hereinafter ca l OWNER)
Construction Co. Inc.
and
(hereinafter called CONTRACTOR).
W&A #94-093
WATER MAIN
in the year
J.C. Evans
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:
WATER LINE IMPROVEMENTS
The project for which the Work under the Contract Documents may be the whole or only part is
generally described as follows:
16" WATER MAIN IMPROVEMENTS IN DENTON TAP ROAD
FROM PARKWAY BOULEVARD TO S.H. 121 BYPASS
Article 2. ENGINEER.
The Project has been designed by Wier & Associates, Inc., but the City Engineer of the City of
Coppell who is hereinafter called ENGINEER and who is to act as OWNER'S representative,
assumes all duties and responsibilities and has the dghts and authority assigned to ENGINEER
in the Contract Documents in connection with completion of the Work in accordance with the
Contract Documents.
Article 3. CONTRACT TIME.
3.1. The Work shall be substantially completed within 60 working days from the
beginning date indicated in the Notice to Proceed or when the Contract Time
commences to run as provided in paragraph 2.3 of the General Conditions, and
completed and ready for final payment in accordance with paragraph 14.13 of the
General Conditions within 90 working days from the date when the Contract Time
commences to run.
3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the Work is not
completed within the times specified in paragraph 3.1 above, plus any extensions
thereof allowed in accordance with Article 12 of the General Conditions. They also
recognize the delays, expense and difficulties involved in proving in a legal or arbitration
proceeding the actual loss suffered by OWNER if the Work is not completed on time.
Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree
that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay
OWNER Four Hundred dollars ($400.00) for each working day that expires after the
time specified in paragraph 3.1 for each phase of the work when the Work is approved
and ready for final payment.
Page A-1 of 5
SECTION A - AGREEMENT
W&A #94-093
WATER MAIN
Article 4. CONTRACT PRICE.
4.1. OWNER shall pay CONTRACTOR for completion of the Work on a Unit Pdce Work
Basis in accordance with the Contract Documents in current funds based on the contract
quantities and unit pdces stated in the proposal or as modified by change order, the sum
of which is $ 263,676.00
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the
General Conditions. Applications for Payment will be processed by ENGINEER as provided in
the General Conditions.
5.1. Progress Payments. OWNER shall make progress payments on account of the
Contract Pdce on the basis of CONTRACTOR'S Applications for Payment as
recommended by ENGINEER, on or about the fifteenth (1 5th) day of each month dudng
construction. All progress payments will be on the basis of the unit pdces stated in the
proposal and the completed units of work as determined by ENGINEER minus five
percent (5%) retainage to be held by OWNER until final payment but, in each case, less
the aggregate of payments previously made and less such amounts as ENGINEER shall
determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General
Conditions.
5.2. Final Payment. Upon completion and acceptance of the Work in accordance with
paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the
Contract Pdce as recommended by ENGINEER as provided in said paragraph 14.13.
Article 6. INTEREST.
All moneys not paid when due as provided in Article 14 of the General Conditions shall bear
interest at the maximum rate allowed by law at the place of the Project.
Article 7. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following
representations:
7.1. CONTRACTOR has familiadzed itself with the nature and extent of the Contract
Documents, Work, site, locality, and all local conditions and Laws and Regulations that
in any manner may affect cost, progress, performance or furnishing of the Work.
7.2. CONTRACTOR has studied carefully all reports of explorations and tests of
subsurface conditions and drawings of physical conditions which are identified in the
Supplementary Conditions as provided in paragraph 4.2 of the General Conditions, and
accepts the determination set forth in paragraph SC-4.2 of the Supplementary
Conditions of the extent of the technical data contained in such reports and drawings
upon which CONTRACTOR is entitled to rely.
7.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for
obtaining and carefully studying) all such examinations, investigations, explorations,
tests, reports and studies (in addition to or to supplement those referred to in paragraph
7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the
site or otherwise may affect the cost, progress, performance or furnishing of Work as
CONTRACTOR considers necessary for the performance or furnishing of the Work at
the Contract Pdce, within the Contract Time and in accordance with the other terms and
conditions of the Contract Documents, including specifically the provisions of paragraph
4.2 of the General Conditions; and no additional examinations, investigations,
Page A-2 of 5
SECTION A - AGREEMENT
W&A fffi4-093
WATER MAIN
explorations, tests, reports, studies or similar information or data are or will be required
by CONTRACTOR for such purposes.
7.4. CONTRACTOR has reviewed and checked all information and data shown or
indicated on the Contract Documents with respect to existing Underground Facilities at
or contiguous to the site and assumes responsibility for the accurate location of said
Underground Facilities. No additional examinations, investigations, explorations, tests,
reports, studies or similar information or data in respect of said Underground Facilities
are or will be required by CONTRACTOR in order to perform and furnish the Work at the
Contract Pdce, within the Contract Time and in accordance with the other terms and
conditions of the Contract Documents, including specifically the provisions of paragraph
4.3 of the General Conditions.
7.5. CONTRACTOR has correlated the results of all such observations, examinations,
investigations, explorations, tests, reports and studies with the terms and conditions of
the Contract Documents.
7.6. CONTRACTOR has given ENGINEER wdtten notice of all conflicts, errors or
discrepancies that he has discovered in the Contract Documents and the wdtten
resolution thereof by ENGINEER is acceptable to CONTRACTOR.
Article 8. CONTRACT DOCUMENTS
The Contract Documents which compdse the entire agreement between OWNER and
CONTRACTOR conceming the Work consist of the following:
8.1. This Agreement (pages I to 5, inclusive).
8.2. Notice of Award.
8.3. CONTRACTOR'S Affidavit Against Prohibited Acts.(pages I to 4, inclusive)
8.4. CO NTRACTOR'S Proposal, Bid Affidavit and Affidavit of Safety Record (pages 1
to 12, inclusive).
8.5. General Conditions (pages I to 32, inclusive).
8.6. Supplementary Conditions (pages 1 to 6, inclusive).
8.7. Division 1 General Requirements (pages 1 to 7, inclusive).
8.8. Division 2 Technical Specifications (pages 1 to 9, inclusive).
8.9. Division SB Geotechnicel Report and Soil Bodngs
8.10. City of Coppell Ordinances
8.11. Specifications beadng the title "Standard Specifications for Public Works
Construction" and consisting of divisions 2-8, as listed in the Table of Contents thereof.
A set of specifications is not attached to the signed Contract Documents but may be
obtained from the North Central Texas Council Of Governments.
8.12. Drawings, consisting of a cover sheet beadng the title "16" Water Main in Denton
Tap Road from Parkway Boulevard to S.H. 121 Bypass" and the latest edition of the
"City of Coppell Standard Construction Details." A set of drawings and standard details
Page A-3 of 5
SECTION A - AGREEMENT
W&A #94-093
WATER .MAIN
are not attached to the signed Contract Documents but may be obtained from the
Engineer.
8.13. Addenda numbers I to I , inclusive.
8.14. Performance and Payment Bonds, identified as Section PB and consisting of 4
pages.
8.15. Maintenance Bond, identified as Section MB and consisting of 2 pages.
8.16. Trench Safety Plans Division TSP shall be prepared and submitted by the
Contractor and shall be binding as if a contract document once the trench safety plans
are approved by the City.
There are no Contract Documents other than those listed above in Article 8. The Contract
Documents may only be amended, modified or supplemented as provided in paragraphs 3.4
and 3.5 of the General Conditions.
Article
9. MISCELLANEOUS
9.1. Terms used in this Agreement which are defined in Article 1
Conditions will have the meanings indicated in the General Conditions.
of the General
9.2. No assignment by a party hereto of any dghts under or interests in the Contract
Documents will be binding on another party hereto without the wdtten consent of the
party sought to be bound, and specifically but without limitation moneys that may
become due and moneys that are due may not be assigned without such consent
(except to the extent that the effect of this restriction may be limited by law), and unless
specifically stated to the contrary. in any wdtten consent to an assignment no assignment
will release or discharge the ass~gnor from any duty or responsibility under the Contract
Documents.
9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns
and legal representatives to the other party hereto, its partners, successors, assigns and
legal representatives in respect of all covenants, agreements and obligations contained
in the Contract Documents.
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed five copies of this
Agreement. Two counterparts each have been delivered to OWNER and CONTRACTOR, and
one counterpart has been delivered to ENGINEER. All portions of the Contract Documents
have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their
behalf.
Page A-4 of 5
SECTION A - AGREEMENT
This Agreement will be effective on
OWNER
Address for giving notices
CONTRACTOR
W&A #94-093
WATER MAIN
,19C1G .
J.C./EVAN$ C RUC N CO., INC.
,,B~."~ J~e land/~ ""
Attest
Address for giving notices
P. O. Box 478
Coppell, Texas 75019
3900 Valley View Dr.
Irving, Texas 75062
(If OWNER is a public body, attach evidence of
authority to sign and resolution or other
documents authorizing execution of Agreement.)
List name of person to whose attention
notices are to be sent:
Ruben Gar-za
(If CONTRACTOR is a corporation, attach
evidence of authority to sign.)
Page A-5 of 5
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That
Bond #15662961
a
United States Fidelity and G, aran~y Cnmp~ny, ~P~q ~nH Aq~nn~=~S,
(NameofSuretyCompany)
PO Box 2291. Austin. TX 7~76R
J.C. Evans Construction Co.. Inc.
(Na~ ef Com-a~ ~ Canpany)
3900 Valley View D~ve, I~in~, TX 75062
(Address)
Corporation. lnc hereinafter Called Prindpal, and
(C,o~x~tja~ip)
hereinafter called Surety, are held and firmly bound unto
City of Coppe] ] ·
(Nam~ of Redp~,t)
PO Box 478. Coppell. TX 75019
(Recq=enrs Address)
heroinafter called OWNER, in the penal sum of
Two Hundred Sixt'v-Three Thousand
Six Hundred Sevetv-,Six DOLLARS ($ 263.676.001
in lawful money of the United States, for the payment of which sum well and truly to be made
we bind ourselves, successors and assigns, jointly and severally, firmly in these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Pdn 'pal entered into a
certain contract with the OWNER dated the I ,,q- day of ~ r j]
,19_%, a copy of which is hereto attached and made a part hePeof for the construction
of:
16' WATER MAIN IMPROVEMENTS IN DENTON TAP ROAD
FROM PARKWAY BOULEVARD TO S.H. 121 BYPASS
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties in all the
undertakings, covenants, terms, conditions, and agreements of said contract dudng the
odginal term thereof, and any extensions thereof which may be granted by the OWNER, with
or without notice to the Surety and during the one year guaranty pedod, and if he shall satisfy
all claims and demands incurred under such contract, and shall fully indemnify and save
harmless the OWNER from all costs and damages which it may suffer by reason of failure to
do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER
may incur in making good any default, then this obligation shall be void, otherwise to remain in
full force and effect.
PROVIDED FURTHER, that the said Surety, for value received hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the contract or to
WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in
any way affect its obligation on this BOND, and it does hereby waive notice of any such
change, extension of time, alteration or addition to the terms of the contract or to the WORK or
to the SPECIFICATIONS.
PROVIDED FURTHER, that no final settlement between the OWNER and the CONTRACTOR
shall abridge the dght of any beneficiary hereunder, whose claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in six
one of which sl~all be deemed an original, this the ( ::)- day of
.19~(~.
A p r tc~unterparts'
each
ATTES ·
(SEAL)
TT)(',.,
3900 Valley View DR
~ddress)
3900 V~lle, v v~w DR
I~vi-8. TX 75062
Irving, TX 75062
ATTEST:
Ro~e Marie 0NmmmSum~)
Boriskie
%Pitts and Associates, Inc.. PO'Box
2291, Austin,TX (Ad~m~) 78768
United Staten
Comp ny (Sure/)
2291, Austin,TX(A~) 78768
NOTE: Date of BOND must not be pdor to date of Contract If CONTRACTOR is Partnership,
all partners should execute BOND.
IMPORTANT: Surety companies executing BONDS must appear on the Treasury
Department's most current list (Circular 570 as amended) and be authorized to transact
business in the State of Texas.
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: That
Bond #15662961
C. Evans Constructin Co., Inc.
(Name of C~m-a~or or Company)
3900 Valley View DR, IrvinR, TX 75062
(AcUms~)
a Corporation
(Corporation/Palnef~ip)
United States Fidelity and Guaranty ComDanV
(NanmaSum~/Campany)'
%Pitts and Associates. Inc.. PO Box 2291. Austin.
(Aaclms~)
hereina~er called Surety, are held and firmly bound unto
hereinafter called Principal, and
TX 78768
the City of Coppell,
(Name ~ Re~pm~)
PO gnx 47R, Cnpp~ll, T~Z 75019
(Recit~enrs Ac~aress)
hereinafter called OWNER, in ~e penal sum of
Two Hundred Sixty-Three Thousand
Six Hundred Seventy-Six Dollars ($ 263,676.00)
in lawful money of the United States. for the payment of wt~icn sum well and truly to be made
we bind ourselves, successors and assigns, jointly and severally, firmly by these presents.
,19q{;, a copy of which is her. to attached and made a part hereof for the construction
of:
16" WATER MAIN IMPROVEMENTS IN DENTON TAP ROAD
FROM PARKWAY BOULEVARD TO S.H. 121 BYPASS
NOW, THEREFORE, if the Prfncipai shall promptly make payment to all persons, firms, SUB-
CONTRACTORS, and corporations furnishing materials for or performing labor in the
prosecution of the WORK provided for in such contract, and any authorized extension or
modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and
coke, repairs on machinery, equipment and tools, consumed or used in connection with the
construction of such WORK, and all insurance premiums on said WORK, and for all labor,
performed in such WORK whether by SUB-CONTRACTOR or otherwise, then this obligation
shall be void; otherwise to remain in full force and effect.
PROVIDED FURTHER, that the said Surety. for value received hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the contract or to
WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in
any way affect its obligation on this BOND, and it does hereby waive notice of any such
change, extension of time, alteration or addition to the terms of the contract or to the WORK or
to the SPECIFICATIONS.
PROVIDED FURTHER, that no final settlement between the OWNER and the CONTRACTOR
si~all abddge the right of any beneficiary hereunder, whose claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in six
one of which shall be deemed an original, this the I~- day of
,19q~.
/~r I ~ounterparts,
each
A'I'rEST:
(SEAL)
(W'dmm~ ~ to Pnnami)
3900 Valley View DR
3900 Valley View DR
Irving, TX 75062
Irving, TX 75062
ATTEST:
Boriskie
PO Box 2291, (A~k~e~)Austin, TX 78768
NOTE:
United States F~de]~t,v and
Comp ny (Sumy)
John gn ( )
PO Box 2291 (A~s~) Austin, TX 78768
Date of BOND must not be prior to date of Contract. If CONTRACTOR is Parmership,
atl partners should execute BOND.
IMPORTANT: Surety companies executing BONDS must appear on the Treasury
Department's most current list (Circular 570 as amended) and be authorized to transact
business in the State of Texas.
1266567
UNITED STATES FIDELITY AND GUARANTY COMPANY
POWER OF ATTORNEY NO. 107860
KNOW ALL MENBYTHESEPRESENTS:Tha~UNr~DSTATESFIDEL~TYANDGUARANTYC~M]~ANY~ac~tp~mi~n~g~nizedande~n~
underthelawsoftheSmeofMarylanduudhavingiuuptincipalofficg** theCityofBal~mom, intheStateofMatyland. does hemby~n~tuteandappoint
William H. Pitts, Jr., Norman P. Rolling, John W. Wagner, James 0. Schnell and Rose
Marie Boriskie
of the City of Au s t in , State of Te xa s is mac and lawful Attomey(s)-in-Fact. each in their separate
capacity if mote than one is named above, to sip its name as s~m~ to, and to execute, seal and acknowkdge any and all bonds. undefiakings. contracts and other
wriUen imXmments in tbe nntu~ thereof on behalf of the Company in its business of guaranteeing the fidelity ofpenons; guaruteeing the performance of contracts;
and executing or guaranteeing bonds and u~def~nlting.~ ~quir~d or permitted in any mions or proceedings allowed by law.
In Witness Whereof. the said UNITED STATES FIDELITY AND GUARANTY COMPANY has cmsed this instrument to be sealed with its corporate seal,
dulYatte'aedbYthesignaturesofitsSeniorVigePmidemandAssislantS~ct~tatY, this 6th dayof August ,A.D. 1993 ·
UNTTED STATF, S FIDELITY A_ND GUARANTY COMPANY'
STATE OF MARYI,AND) ~ A ~stant S~ma~y
BALTIMORE CITY ) SS: <.~1~.~.~.~.,)'~"')
~ ' ~ N~Y P~C
~OL~D, ~ ~ connmion mt the ~&li~ and ~y in~ce bmineu oft~ ~uy, ~1 ~n~. u~e~, g~s ~ ot~r ing~nu
.i~ing to md b~iness ~ be si~ed, execm~, ~ R~wl~ged by pemm or entities ~inwd u A~m~s~in-Fgt p~t to a Power of AUom~y imed in
a~o~uce with the~ g~lmiom. ~d Powers) of ARomey for ud on beef of/e ~y my md s~l be eguted in t~ mud on ~h~fof le ~y,
ester ~ t~ ~ or le P~sident, or an ~e~tive Vice P~si&n~ or a ~or Vice Pgside~ or a Vice Pg~&nt or u As~mt Vice Pm~&n~ j~ntly
~c~ or u Assist ~m~. u~er t~ir ~tive &siamions. ~e si~mm of ~ch office~ ~y ~ en~ved, pfim~ or lit~hed. ~e siam of egh
of le fo~going offi~n md t~ g~ of le Co~ny ~y ~ ~m~ by ~si~le to ~y Power of At~mq or w ~y ~ni~ ~l~ng thetoo ~infi~
ARomey(s~in-Fgt for pu~ogs o~y ofex~ufi~ ud ~e~ing bonds ud unde~ngs ud ~her ~tin~ obli~ in i~ mm te.of. u& unleu mbg~ently
.voked ud ~bjecl ~ uy liaisons gt fo~h theran, any much Power of A~omey or ~ni~ bgmng gh ~si~le si~m~ or ~si~ie ~ ~
binlag upon the Co~uy and uy mch ~wer ~ egcu~d and ceRi~d by ~h ~csi~ie si~ud fgsi~e g~ sh~i ~ v~id ud binlag ~on the Co~
~i r~.t to uy bo~ or un~a~ng to w~ch it is v~idly ~ghgd.
~OLVED. thm AUonq(s~in-Fgt shall ~ve the power ~ ~thofi~, ~less ~bg~ently mvokgd md, in fly ~, ~ject m ~e ~m ~ l~ons
of the Power ofAuomey imed to the~ to uecme and &liver on ~h~f of the Co~uy ud ~ ~h the g~ of the Co~uy to ~y ~ ~1 bo~s ud unde~n~,
and other w~s ~li~ in ~e nm~ the~of, md uy ~ch ingment e~cuted by ~ch Atto~e~s~in-Fgt s~l ~ u bi~g u~n t~ Co~y u if sip~ by
u ~u~ve Officer ud se~ ~d ~em~ to by the ~c~U~ of the Co~any.
Paul D. S ires . ~ A~i~t S~ of~e ~D STA~ FIDE~ AND GU~ COMPA~,
do he~by ~fii~ t~ the fo~going is a tree exert ~m ~e Re~lution of the ~d Co~uy M ~p~d by i~ B~ of ~n on September 24, 1~2
Re~lution is in ~[I for~ ~d
L the u~em~ed AssiSt ~ of t~ ~D STA~S FID~ ~D ~A~ COMPA~ do be~by ce~ ~ ~e fo~goi~ Power of
A~omey is in ~ll fore ~ effect a~ hM nol been revoke.
~ In Te~imo~ ~e~f. 1 have he~nto ~ my ~nd ~d the ~1 ~~~EL~ AND GU~ COMPA~ on ~s (
of ~~ 19~
,,******** .... ,***~,,,,,,,,,,,,,,,,***,,,,,,,
Assi~nt
FS 3 (1~92)
USF&G
INSURANCE
IMPORTANT NOTICE
To obtain information or make a complaint:
You may contact the Texas Department of Insurance to obtain
information on companies, coverages, rights or complaints at:
1-800-252-3439
You may write the Texas Department of Insurance:
P 0 Box 149104
Austin, Texas 78714-9104
FAX # (512) 475-1771
PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your premium or about a
claim you should contact the agent or the company first. If
the dispute is not resolved, you may contact the Texas
Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY:
This notice is for information only and does not become a
part or condition of the attached document.
PRODUCER
INSURED
CERTIFICATE OF INSURANCE ,n""'..'::,'.;?.::
IIII.';CI-:RflFI(TA'II:I.%I.~.%tI.I) ~.~ x,t'~l'lI.R(}l-INIORMAilO'~O%I.Y A%I)
PITTS, ROLLING, SCHNELL CON~KS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICAT!~
DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY TH~
POLICIES BELOW
AND WAGNER
P.O. BOX 2291
AUSTIN, TEXAS 78768
COMPANIES AFFORDING COVERAGE
COMPANY
t~TrEa A St. Paul Guardian Ins.
COMPANY
U~r~R B St. Paul Guardian Ins.
COMPANY
J. C. Evans Construction Co., LETTER C st. Paul Guardian Ins.
Inc.; etai COMPANY
P O Box 9647 t~TT~t D St. Paul Guardian Ins.
COMPA/~t'
Ausdn TX 78766 LI~TrER E
Tills IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEF, N ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY HEQU1REMF_.NT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECt TO WHICH THI$
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIF..~ 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 NUPABER I POLICY EFF. I POLICY EXP. LIMIT$
,T]~ DATE (MM/DDNY} DATE 0HM/DD/YY)
A KK09100198 10/01/95 10/0
GENERAL LIABILITY
X COMM. GENERAL LIABILITY
OWNER'S & CONTRACT'S PROT
AUTOMOBILE LIABILITY KK091001981 10101/95 10/01/96
ANY AUTO
ALL OWNED AUTO6
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
GARAGE L/ABILITY
GENERAL AGGREGATE 2(~
PROD-COMP/QP AGG. 1000000
PERS. & ADV. INJURY 1000000
EACH 0CCURIIf, NCE 1000000
FIRE DAMAGE(Om~ iru",)
MED. EXP. (0~ P~r)
COMBINED SINGLE
LIME
BODILY INJURY
(P~penoo)
BODILY INJURY
(Peracd&sm
PROPERTY DAMAGE
C EXCF...q8 LIABILITY KK09100198 10/01195 10/01/96
D ~ WVAgI(~627 10.'01;95 i Ilk. 01
WORKERS' COMPENSATION
AND
EMPLOYER'S LIABILITY
EACH OCCURRENCE 10000000
AGGREGATE
X I'~TA FLTORY LIMITS
EACH ACCIDDIT 500000
DISEASg-POLICY LIMIT 500000
DISEASE-EACH EMP, 500000
THE CITY OF COPPELL
P O BOX 478
COPPELL TX 75019
ACORD 25-,5
DF, SCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS
RE: 16' WATER MAIN IN DENTON TAP ROAD FROM: PAffiAY t]OULEVARD TO: S.H.
121 BYPASS
*** SEE A'ITACHMENT FOR ADDITIONAL INSURANCE REQUIREMENTS ***
CERTIFICAI'E ilOLDER CANCEIA,ATION
i!~ii; ~,HOULD ANY 01" THk ABOVE DE,~CRIBED POLICIES BE CANCELLED BEI'X)RE, Tlll:-
iiiii~ EXPIRATION DATE THEREOF, THE ISSUING COMPANY WlLL ENDEAVOR TO
2- ~)
CERTIFICATE HOLDER SHALL BE ADDITIONAL INSURED ATIMA IN
REGARD TO THE COMMERCIAL GENERAL LIABILITY.
WAIVER OF SUBROGATION IN FAVOR OF CERTIFICATE HOLDER ON
ALL POLICIES.
2- 40
BOARD OF DIRECTORS
J. C. EVANS CONSTRUCTION CO., INC.
OCTOBER 24, 1995
On the 241h day
Construction Co., Inc.
present:
of October 1995 came to be held a meeting of the Board of J. C. Evans
The Chairman of the Board called roll to determine the directors
Blake A. Kuhlman
Duane B. McGlau~in
Gary D. Nauert
Ed Wendler Jr.
Jim Toungate
Brad Hawley
Linda M. Beaver
Upon motion duly made and seconded, the' following resolution was unanimously
adopted: '.
Resolved: That the persons whose names are herein below listed by, and each of them
hereby is, elected to and declared qualified to occupy the corporate office or offices set
forth Opposite their respective names; and that such persons shall occupy such offices
until their respective successors shall be duly elected and qualified, unless they shall
sooner resign or be removed in accordance with the Bylaws of the corporation:
Blake A. Kuhlman, Chief Executive Officer/President
Duane B. McG!au~in, Senior Vice President
Gary D. Nauert, Senior Vice President
Joe E. Bland, Vice President
Johnny Odell, Vice President
Carl Nelson, Vice President
Linda M. Beaver, Secretary
There being no further business to discuss, and upon motion made by Blake Kuhlman,
and seconded by Duane B. cGI ' , ' ' ed.
)~.u~the m hn~um
cretan'
P.O. Box 9647 · Austin, Texas 78766 · (512) 244-1400 · Fax (512) 244-1900
SECTION PB
PERFORMANCE AND PAYMENT BONDS
SECTION MB
MAINTENANCE BOND
SECTION GC
GENERAL CONDITIONS
STANDARD
GENERAL CONDITIONS
OF TI4F~
CONSTRUCTION .CONTRACT
Prepared by
Engineers Joint Contract Documents Committee
and
Issued and Published Jointly By
AM[RICAN
SOCIETY Or
C~nL
[N~NEE:FIS
rOuimCO
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
A practice division oft/re
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
AMERICAN CONSULTING ENGINEERS COUNCIL
AMERICAN SOCIETY OF CIVIL ENGINEERS
CONSTRUCTION SPECIFICATIONS INSTITUTE
This document has bccn approved and endorsed by
The Associated Contractors of America
General,
F, JCIX~ No. 1910-8 (1990 Edition)
Reprimed ~b'gJ
1990 National Society of Professional Engineers
1420 King Street, Alexandria, VA 22314
American Consulting Engineers Council
1015 15th Street, N.W., Washington, 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
Number & Title
I. DEFINITIONS ...................................
Page
Number
13
!. I Addenda ............................. 13
1.2 Agreement ........................... 13
i .3 Application for Payment .............. 13
! .4 Asbestos ............................. 13
1.5 Bid ................................... 13
1.6 Bidding Documents ................... 13
1.7 Bidding Requirements ................ 13
! .8 Bonds ................................ 13
1.9 Change Order ........................ 13
I. ! 0 Contract Documents .................. 13
I. 11 Contract Price ........................ 13
1.12 Contract Times ....................... 13
I. ! 3 CONTRACTOR ...................... 13
I. 14 defective ............................. 13
1. ! 5 Drawings ............................. 13
I. 16 Effective Date of the Agreement ...... 13
1.17 ENGINEER .......................... 13
1.18 ENGINEER's Consultant ............. 13
1.19 Field Order ........................... 13
1.20 General Requirements ................ I4
1.21 Hazardous Waste ..................... 14
1.22 Laws and Regulations; Laws or
Regulations ........................ 14
1.23 Liens ................................. 14
1.24 Milestone ............................. 14
1.25 Notice of Award ...................... 14
! .26 Notice to Proceed .................... 14
1.27 OWNER ............................. 14
!.28 Partial Utilization ..................... 14
1.29 PCBs ................................. 14
1.30 Petroleum ............................ 14
I. 31 Project ............................... 14
!.32 Radioactive Material .................. 14
1.33 Resident Project Representative ....... 14
1.34 Samples .............................. 14
1.35 Shop Drawings ....................... 14
1.36 Specifications ......................... 14
1.37 Subcontractor ........................ 14
! .38 Substantial Completion ............... 14
1.39 Supplementary Conditions ............ 14
! .40 Supplier .............................. 14
1.41 Underground Facilities ................ 14
!.42 Unit Price Work ...................... 14
1.43 Work ................................. 15
1.44 Work Change Directive ............... 15
1.45 Written Amendment .................. 15
PRELIMINARY MAI'I'ERS ...................... 15
2. I Delivery of Bonds .................... 15
2.2 Copies of Documents ................. 15
2.3 Commencement of Contract Times;
Notice to Proceed .................. 15
2.4 Starting the Work ..................... 15
,
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 Acceptable Schedules .........
15
15
16
2.8
2.9
3. CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE ............................ 16
3. I-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
,
AVAILABILITY OF LANDS; SUBSURFACE AND
PHYSICALCONDITIONS; REFERENCE POINTS.
4.1
4.2
4.2.1
4.2.2
4.2.3
4.2.4
4.2.5
4.2.6
4.3
4.3.1
4.3.2
4.4
4.5
17
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 . 18
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
5. BONDS AND INSURANCE ..................... 20
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. 20
Licensed Sureties and Insurers;
Certificates of Insurance ............ 20
CONTRACTOR'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 Responsibility for
Deductible Amounts ................ 22
Other Special Insurance ............... 22
Waiver of Rights ...................... 22
I
Article or Paragraph Page
Number &Title Number
5.12-5.13 Receipt and Application of Insurance
Proceeds ........................... 22
5.14 Acceptance of Bonds and Insurance;
Option to Replace ................. 22
5.15 Partial Utilization--Property
Insurance .......................... 23
6. CONTRACIDR'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. I 1 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
ENG1NEER's Review and Approval
of Required Submittals ............. 27
6.29 Continuing the Work .................. 28
6.30 CONTRACTOR's Genera/
Warranty and Guarantee ............ 28
6.3 !-6.33 Indemnification ....................... 28
6.34 Survival of Obligations ................ 28
7. OTHER WORK .................................. 29
7.1o7.3 Related Work at Site .................. 29
7.4 Coordination
8. OWNER'S RESPONSIBILITIES ................. 29
8.1 Communications to Contractor ........ 29
8.2 Replacement of ENGINEER .......... 29
8.3 Furnish Data and Pay Promptly When
Due ................................ 29
8.4 Lands and Easements; Reports and
Tests ............................... 29
8.5 Insurance ............................. 29
Article or Paragraph
Number & Title
,
Page.
Number
8.6 Change Orders ....................... 29
8.7 Inspections, Tests and Approvals ...... 29
8.8 Stop or Suspend Work; Terminate
CONTRACTOR's Services ......... 29
8.9 Limitations on OWNER's
Responsibilities ..................... 30
8.10 Asbestos, PCBs, Petroleum, Hazardous
Waste or Radioactive Material ...... 30
8.11 Evidence of Financial Arrangements .. 30
ENGINEER'S STATUS DURING
CONSTRUCTION ............................... '30
9. I 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. i 0 Determinations for Unit Prices ........ 31
9. !!-9.12 Decisions on Disputes; ENGINEER as
Initial Interpreter ................... 31
9. i 3 Limitations on ENGINEER's
Authority and Responsibilities ...... 3 i
I0. CHANGES IN THE WORK .....................
11.
12.
!0.1
10.2
10.3
10.4
10.5
CHANGE
!1.1-11.3
il.4
11.5
11.6
11.7
11.8
11.9
CHANGE
12.1
12.2
12.3
12.4
32
OWNER Ordered Change ............ 32
Claim for Adjustment ................. 32
Work Not Required by Contract
Documents ......................... 32
Change Orders
Notification of Surety ................. 32
OF CONTRACT PR1CE .............. 32
Contract Price; Claim for Adjustment;
Value of the Work .................. 32
Cost of the Work ..................... 33
Exclusions to Cost of the Work ....... 34
CONTRACTOR's Fee ................ 34
Cost Records ......................... 34
Cash Allowances ..................... 35
Unit Price Work ...................... 35
OF CONTRACT TIMES .............. 35
Claim for Adjustment ................. 35
Time of the Essence .................. 35
Delays Beyond CONTRACTOR's
Control ............................ 35
Delays Beyond OWNER's and
CONTRACTOR's Control .......... 35
13. TESTS AND INSPECTIONS; CORRECTION,
REMOVAL OR ACCEPTANCE OF DEFECTIVE
WORK .......................................... 36
13. l Notice of Defects ..................... 36
13.2 Access to the Work ................... 36
13.3 Tests and Inspections; Contractor's
Cooperation ........................ 36
Article or Paragraph
Number & Title
13.4 OWNER's Responsibilities;
13.5
13.6-13.7
13.8-13.9
13.10
13.11
13.12
13.13
13.14
Page
Number
Independent Testing Laboratory .... 36
CONTRACTOR's Responsibilities ..... 36
CoveringWork Prior to Inspection,
Testing or Approval ................ 36
Uncovering Work at ENGINEER's
Request ............................ 36
OWNER May Stop the Work ......... 36
Correction or Removal of Defective
Work ............................... 37
Correction Period .....................
Acceptance of Defective Work ........ 37
OWNER May Correct Defective
Work ............................... 37
14.
PAYMENTS TO CONTRACTOR AND
COMPLETION .................................
14.1
14.2
14.3
14.4-14.7
14.8-14.9
14.10
14.11
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
Article or Paragraph
Number & Title
15.
Page
Number
14.12 Final Application for Payment ......... 40
14.13-14.14Final 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 CONTRACTOR May Stop Work or
Terminate .......................... 41
16. DISPUTE RESOLUTION ....................... 41
17. MISCELLANEOUS ............................. 42
17.1
17.2
17.3
17.4
17.5
Giving Notice ........................ 42
Computation of Times ................ 42
Notice of Claim ....................... 42
Cumulative Remedies ................. 42
Professional Fees and Court Costs
Included ............................ '42
EXHIBIT GC-A (Optional):
Dispute Resolution Agreement (Optional) ..... GC-A i
16.1-16.6 Arbitration .................... GC-A1
16.7 Mediation ..................... GC-A2
INDEX TO GENERAL CONDITIONS
Article or Paragraph
Namber
Acceptance of--
Bonds and Insurance ................................5.14
defective Work ....................... 10.4.1, 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. I
Work by OWNER ........................ 2.5, 6.30, 6.34
Access to the--
Lands, OWNER and CONTRACTOR
responsibilities .....................................4.1
site, related work ....................................7.2
Work ................................... 13.2, 13.14, 14.9
Acts or Omissions--, Acts and Omissions--
CONTRACTOR ............................ 6.9. I, 9.13.3
ENGINEER ................................ 6.20, 9.13.3
OWNER ....................................... 6.20, 8.9
Addenda--de~nition of (also see
definition of Specifications) ........... (I.6, !.!0, 6.19) !.!
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,
10.240.4, !1, 12, 14.8, 15.1
progress schedule ....................................6.6
Agreement--
definition of ..........................................i .2
All risk Insurance, policy form ........................ 5.6.2
Allowances, Cash ..................................... 11.8
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,
10.1, 10.4, il.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. I, 14.7
review of ......................................14.4-14.7
Arbitration (Optional) .............................16.1-16.6
Asbestos---
Claims pufsttant thereto .......................4.5.2, 4.5.3
CONTRACTOR authorized to stop Work ........... 4.5.2
definition of ..........................................1.4
OWNER responsibility for .................... 4.5. l, 8.10
possible price and times change ..................... 4.5.2
Authorized Variations in Work ........... 3.6, 6.25, 6.27, 9.5
Availability of Lands ...............................4. I, 8.4
Award, Notice of-defined ............................!.25
Before Starting Construction ........................2.5-2.8
Bid--definition of ......................................1.5
(I.I, !.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 ...... i.7 (l . I, 4.2.6.2)
Bonds--
acceptance of .......................................5.14
additional bonds ......... . .................. 10.5, 11.4.5.9
Cost of the Work .................................. 11.5.4
definition of .......................................... 1.8
delivery of ...................................... 2.1, 5. i
final application for payment ................. 14.12-14.14
general ............... 1.10, 5.1-5.3, 5.13, 9.13,10.5, 14.7.6
performance, Payment and Other .................5. i-5.2
Bonds and Insurance--in general .........................5
Builder's risk "all risk" policy form ...................5.6.2
Cancellation Provisions, Insurance ........ 5.4.11., 5.8, 5.15
Cash Allowances ......................................I !.8
Certificate of Substantial Completion ......... 1.38, 6.30.2.3,
14.8, 14.10
Certificates of Inspection ................ 9.13.4, 13.5, 14.12
Certificates of Insurance .. 2.7, 5.3, 5.4.11, 5.4.13, 5.6.5, 5.8,
....................................... 5.14, 9.13.4, 14.12
Change in Contract Price--
Cash Allowances ...................................l 1.8
claim for price adjustment ..... 4. l, 4.2.6, 4.5, 5.15, 6.8.2,
9.4,9.5,9.11, 10.2, 10.5, 11.2, 13.9,
13.13, 13.14, 15.1, 15.5
CONTRACTOR's fee ...............................i 1.6
Cost of the Work
general ......................................! i .4-11.7
Exclusions to .......................................! 1.5
Cost Records .......................................! 1.7
in general .............. 1.19, 1.44, 9.11, 10.4.2, 10.4.3, i l
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 .................................... l i .9
Value of Work ...................................... 11.3
Change in Contract Times--
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 CONTRACTOR's control ............ 12.3
Delays beyond OWNER's and CONTRACTOR's con-
trol ............................................... 12.4
Notification of surety ............................... 10.5
Scope of change ............................... 10.3-10.4
Change Orders--
Acceptance of Defective Work ..................... 13.13
Amending Contract Documents ...................... 3.5
Cash Allowances ................................... ! 1.8
Change of Contract Price ............................. I 1
Change of Contract Times ............................ 12
Changes in the Work .................................. 10
CONTRACTOR's fee ............................... I 1.6
Cost of the Work ............................... 11.4~11.7
Article or Paragraph
Number
Cost Records .......................................I 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 ....................................!1.9
value of Work, covered by ..........................11.3
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 ............................... 10.3-10.4
Claims---
against CONTRACTOR ............................. 6.16
against ENGINEER ................................ 6.32
against OWNER .................................... 6.32
Change of Contract Price ....................... 9.4, I 1.2
Change of Contract Times ...................... 9.4, 12.1
CONTRACTOR's 4, 7.1, 9.4, 9.5, 9.11, 10.2, 11 .2, 11.9,
12.1, 14.8, 15.1, 15.5, 17.3
CONTRACTOR's Fee ..............................! 1.6
CONTRACTOR's liability ............ 5.4, 6.12, 6.16, 6.31
Cost of the Work ..............................I 1.4, 11.5
Decisions on Disputes .........................9.1 I, 9.12
Dispute Resolution ..................................16. !
Dispute Resolution Agreement ..................16.1-16.6
ENGINEER as initial interpretor ....................9.1 !
Lump Sum Pricing ................................! ! .3.2
Notice of ...........................................17.3
OWNER's ........... 9.4, 9.5, 9.11, 10.2, 11.2, ll.9, 12.1,
13.9, 13.13, 13.14, 17.3
OWNER's liability ...................................5.5
OWNER may refuse to make payment .............. 14.7
Professional Fees and Court Costs Included ..........17.5
request for formal decision on .......................9. i 1
Substitute items .................................. 6.7.1.2
Time Extension .....................................12.1
Time requirements ............................ 9.11, 12.1
Unit Price Work .................................. 11.9.3
Value of ............................................I 1.3
Waiver of---on Final Payment ................ 14.14, 14.15
Work Change Directlye ............................. 10.2
written notice required ................... 9.1 I, 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
Hazard Communication Programs ................... 6.22
Completion--
Final Application for Payment ...................... 14.12
Final Inspection ................................... 14. i I
Final Payment and Acceptance ............... 14,13-14.14
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 ............................ 6.8-6.11
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. I
Cash Allowances ................................... I 1.8
Change of Contract Price ............................. I 1
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, 9.11
definition of ........................................1.10
ENGINEER as initial interpreter of .................9.11
ENGINEER as OWNER's representative ............9.1
general ................................................3
Insurance ............................................5.3
Intent ............................................3.1-3.4
minor variations in the Work .........................3.6
OWNER's responsibility to furnish data ..............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 Specifications
of Technical 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 ....................................! 1.9
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 ............................................11
Decision on Disputes ...............................9. ! I
definition of ........................................I. ! I
Contract Times--
adjustment of ...................... 3.5, 4.1, 9.4, 10.3, 12
Change of ......................................12.1-12.4
Article or Paragraph
Number
Commencement of ................................... 2.3
definition of ........................................ I. i 2
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 .................................. ! 1.1-11.2
Continuing Obligation ..............................14. ! 5
Defective Work .......................... 9.6, 13.10-13.14
Duty to correct defective Work .....................13. I1
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 ........................................6.23
Equipment and Machinery Rental, Cost
of the Work ................................... 1 ],4.5.3
FeeCost~Plus ..................... i 1,4.5.6, ! i.5. l, 11.6
General Warranty and Guarantee ....................6.30
Hazard Communication Programs ...................6.22
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 ........................ 5.1
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 ............. 9.11
Responsibilities--
Changes in the Work .............................. 10.1
Concerning Subcontractors, Suppliers and Others. 6.8-
6.11
Continuing the Work ........................ 6.29, I0.4
CONTRACTOR's expense ....................... 6.7.1
CONTRACTOR's General Warranty and Guaran-
tee ............................................... 6.30
CONTRACTOR's review priorto 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 ..... 6.9.1-6.9.2, 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 ..... 6.27
Patent Fees and Royalties ......................... 6.12
Permits ........................................... 6. i 3
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 ................... 6.20, 7.2, 13.2
Safety Representative .............................6.21
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 ................6.7.1
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 .. 6.25
Right to adjustment for changes in the Work ......... 10.2
right to claim .. 4, 7.1, 9.4, 9.5, 9.11, 10.2, 11.2, 11.9, 12.1,
13.9, 14.8, 15.1, 15.5, 17.3
Safety and Protection ................. 6.20-6.22, 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. I 1
Supervision and Superintendence ........... 6. !, 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. l0
Contractual Time Limits .............................. 12.2
Coordination
6
Article or Paragraph
Nu,tber
CONTRACTOR's responsibility .................... 6.9.2
Copies of Documents .................................. 2.2
Correction Period .................................... 13.12
Correction, Removal or Acceptance 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, 13.11
Correction Period .................................. 13.12
OWNER May Correct Defective Work ............. 13.14
OWNER May Stop Work .......................... 13. l0
Cost--
of Tests and Inspections ............................. 13.4
Records ............................................ ! 1.7
Cost of the Work--
Bonds and insurance, additional ................. I 1.4.5.9
Cash Discounts ................................... I 1.4.2
CONTRACTOR's Fee .............................. i !.6
Employee Expenses ............................. ! 1.4.5.1
Exclusions to ....................................... 11.5
General ........................................ 1 i .4-1 !.5
Home office and overhead expenses ................. ! 1.5
Losses and damages ............................. I 1.4.5.6
Materials and equipment .......................... ! 1.4.2
Minor expenses ................................. I 1.4.5.8
Payroll costs on changes .......................... I 1.4.1
performed by Subcontractors ...................... !1.4.3
Records ............................................ 11.7
Rentals of construction equipment and machinery. 11.4.5.3
Royalty payments, permits and license fees ...... 11.4.5.5
Site office and temporary facilities ............... I 1.4.5.2
Special Consultants, CONTRACTOR's ............ 11.4.4
Supplemental ..................................... I 1.4.5
Taxes related to the Work ....................... 11.4.5.4
Tests and Inspection ................................ 13.4
Trade Discounts .................................. 1 !.4.2
Utilities, fuel and sanitary facilities ............... 11.4.5.7
Work after regular hours .......................... ! 1.4. I
Covering Work ................................... 13.6-13.7
Cumulative Remedies ............................ 17.4-17.5
Cutting, fitting and patching ............................ 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, 14.1 1
Observation by ENGINEER ......................... 9.2
OWNER May Stop Work .......................... 13.10
Prompt Notice of Defects ........................... i 3. i
Rejecting ............................................ 9.6
Uncovering the Work ............................... 13.8
Definitions ............................................... !
Delays ................................. 4.1, 6.29, 12.3-12.4
Delivery of Bonds ......................................2.1
Delivery of certificates of insurance .....................2.7
Artit'le or Paragraph
Nttmber
Determinations for Unit Prices ........................ 9. l0
Differing Subsurface or
Physical Conditions
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. i-16.6
Arbitration ..................................... 16.1-16.5
general ............................................... 16
Mediation .......................................... 16.6
Dispute Resolution Agreement .................... 16.1-16.6
Disputes, Decisions by ENGlNEER .............. 9. ! I -9.12
Documents--
Copies of ............................................ 2.2
Record ............................................. 6. ! 9
Reuse of ............................................. 3.7
Drawings-definition of ............................... I. 15
Easements ............................................. 4.1
Effective date of Agreement--definition of .............1.16
Emergencies .......................................... 6.23
ENGINEER--
as initial interpreter on disputes ................. 9.1 !-9.12
definition of ........................................ 1.17
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, 10, I 1, 12
Clarifications and Interpretations ............... 3.6.3, 9.4
Decisions on Disputes .......................... 9.1 I-9.12
defective Work, notice of ........................... 13.1
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. I
Payments to the CONTRACTOR,
Responsibility for .............................. 9.9, 14
Recommendation of Payment ................. 14.4, 14.13
Responsibilities---
Limitations on ............................... 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 ........................ 9.1 I-9.12
Determinations on Unit Price ..................... 9.10
ENGINEER as Initial Interpreter ............. 9.1 !-9.12
ENGI N EER's Responsibilities ................ 9. ! -9.12
Article or Paragraph
Number
Limitations on ENGINEER's Authority and
Responsibilities ............... ; ................... 9.13
OWNER's Representative ......................... 9. I
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 ........................... 9.10
Visits to Site ......................................... 9.2
Written consent required ......................... 7.2, 9.1
Equipment, Labor, Materials and ................... 6.3-6.5
Equipment rental, Cost of the Work ................ I i .4.5.3
Equivalent Materials and Equipment .................... 6.7
Errors or omissions ................................... 6,33
Evidence of Financial Arrangements ................... 8. I i
Explorations of physical conditions ................... 4.2. I
Fee, CONTRACTOR's--Costs-Plus ................... I 1.6
Field Order--
definition of ........................................ 1.19
issued by ENGINEER ......................... 3.6.1, 9.5
Final Application for Payment ........................ 14.12
Final Inspection ...................................... 14. i I
Final Payment--
and Acceptance .............................. 14.13~14.14
Prior to, for cash allowances ........................ ! 1.8
General Provisions ............................... 17.3-17.4
General Requirements--
defintion of ......................................... 1.20
principal references to .............. 2.6, 6.4, 6.6-6.7, 6.24
Giving Notice .........................................17. I
Guarantee of Work--by
CONTRACTOR .............................. 6.30, 14.12
Hazard Communication Programs .....................6.22
Hazardous Waste--
definition of ........................................1.21
general ..............................................4.5
OWNER's responsibility for ........................8.10
Indemnification ........................ 6.12, 6.16, 6.31-6.33
Initially Acceptable Schedules ..........................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, 13.3-13.4
Insurance--
Acceptance of, by OWNER ......................... 5.14
Additional, required by changes
in the Work .................................l l .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 .............................. 5.4.13
CONTRACTOR's Liability ........................... 5.4
CONTRACTOR's objection to coverage ............. 5, 14
Contractual Liability .............................. 5.4, I0
Article or Paragraph
Number
deductible amounts, CONTRACTOR's
responsibility .................................... 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 ........................................ 5.6-5.10
Receipt and Application of Insurance Proceeds .. 5.12-5.13
Special Insurance ................................... 5. l0
Waiver of Rights .................................... 5.1 !
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
Reports & Tests ..................................... 8.4
Laws and Regulations--Laws or Regulations--
Bonds ........................................... 5. i-5.2
Changes in the Work ................................ 10.4
Contract Documents ................................. 3.1
CONTRACTOR's Responsibilities ................... 6.14
Correction Period, defective' Work .................. 13.I2
Cost of the Work, taxes ......................... I 1.4.5.4
definition of ........................................ 1.22
general ............................................. 6. 14
Indemnification ................................ 6.31-6.33
insurance ............................................ 5.3
Precedence .................................... 3. I, 3.3.3
Reference to ......... .............................. 3.3. I
Safety and Protection .......................... 6.20, 13.2
Subcontractors, Suppliers and Others ............ 6.8-6. I !
Tests and Inspections ............................... 13.5
Use of Premises .................................... 6,16
Visits to Site ......................................... 9.2
Liability lnsurance--
CONTRACTOR's .................................... 5.4
OWNER's ........................................... 5.5
Licensed Sureties and insurers ......................... 5.3
Licns--
Application for Progress Payment ................... 14.2
Contractor' s Warranty of Title ....................... 14.3
Final Application for Payment ...................... 14.12
definition of ........................................ 1.23
Waiver of Claims .................................. 14.15
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. I
Article or Paragraph
Number
Reference to in Contract Documents ................ 3.3. I
Materials and equipment--
furnished by CONTRACTOR ........................ 6.3
not incorporated in Work ............................ 14.2
Materials or equipment--equivalent ..................... 6.7
Mediation (Optional) .................................. 16.7
Milestones--definition of .............................. !.24
Miscellaneous--
Computation of Times .............................. 17.2
Cumulative Remedies ............................... 17.4
Giving Notice ....................................... 17.1
Notice of Claim ..................................... 17.3
Professional Fees and Coun Costs Included .......... 17.5
Multi-prime contracts .................................... 7
Not Shown or Indicated .............................. 4.3.2
Notice of--
Acceptability of Project ............................ 14.13
Award, definition of ................................. I.~
Claim .............................................. 17.3
Defects ............................................. 13.1
Differing Subsurface or Physical Conditions .......... 4.2.3
Giving .............................................. 17.1
Tests and Inspections ............................... 13.3
Variation, Shop Drawing and Sample ................ 6.27
Notice to Proceed--
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. 14.10
Omissions or acts by CONTRACTOR ............. 6.9, 9.13
"Open peril" policy form, Insurance ...................5.6.2
Option to Replace .....................................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, responsibility ...................4.1
definition of ........................................! .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. i
permits and licenses, requirements ..................6.13
purchased insurance requirements ...............5.6-5. l0
OWNER's--
Acceptance of the Work .........................6.30.2.5
Change Orders, obligation to
execute ....................................8.6, 10.4
Communications .....................................8. !
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. I
Responsibilities--
Asbestos, PCB's, Petroleum, Hazardous
Waste on Radioactive Material .................. 8.10
Change Orders ....................................8.6
Changes in the Work ..............................10.1
communications ...................................8.1
CONTRACTOR's responsibilities .................. 8.9
evidence of financial arrangements ................8. ! I
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 CONTRACIDR's services .......... 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 ............................... 9.1, 6.3, ! 1.4
written notice
required .......... 7.1, 9.4, 9.11, il.2, !1.9, 14.7, 15.4
PCBs--
definition of ............................. . .......... 1.29
general ..............................................4.5
OWNER's responsibility for ........................ 8.10
Partial Utilization--
definition of ........................................!.28
general ................................... 6.30.2.4, 14.10
Property 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
CONTRACTOR'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 of Applications for Progress
Payments .................................. 14.4-14.7
prompt payment ..................................... 8.3
Schedule of Values .......................... ~ .......14. !
Substantial Completion ......................... I4.8-14.9
Waiver of Claims .................................. 14.15
when payments due .......................... 14.4, 14.13
withholding payment ................................ 14.7
Performance Bonds ................................. 5. !-5.2
Permits ...............................................6.13
rll V r
Article or Paragraph
Number
Petrolcub
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. I
Notice of Differing Subsurface or, ..................4.2.3
Subsurface and ......................................4.2
Subsurface Conditions ............................4.2. i. 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 ............................4.3.1
Technical Data .....................................4.2.2
Preconstruction Conference ............................2.8
Preliminary Matters ......................................2
Preliminary Schedules ..................................2.6
Premises, Use of .................................6.166.18
Price, Change of Contract ...............................I I
Price, Contract---definition of ..........................I. 1 I
Progress Payment, Applications for ....................14.2
Progress payment--retainage ..........................14.2
Progress schedule, CONTRACTOR's ..... 2.6, 2.8, 2.9, 6.6,
6.29, 10.4, 15.2.1
Project--definition of ..................................! 31
Project Representative--
ENGINEER's Status During Construction ............ 9.3
Project Representative, Resident
· --definition of ...................................... 1.33
prompt payment by OWNER .......... ' ................. 8.3
Property Insurance
Additional ...........................................5.7
general ..........................................5.6-5. ! 0
Partial Utilization ........................... 5.15, 14.10.2
receipt and application of
proceeds ..................................5. ! 2-5.13
Protection, Safety and ....................... 6.20-6.21, 13.2
Punch list ............................................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 ................................ 33
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 i
rental agreements, OWNER approval
required ......................................i 1.4.5.3
replacement of ENGINEER, by OWNER .............. 8.2
Reporting and Resolving Discrepancies .... 2.5, 3.3.2, 6.14.2
Reports--
and Drawings ......................................4.2.1
and Tests, OWNER's responsibility ..................8.4
Resident Project Representative--
definition of ........................................1.33
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
Reusc 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. I
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
Representative, CONTRACTOR's ................... 6.21
Samples--
definition of ........................................ ! .34
general ........................................ 6.24-6.28
Review by CONTRAC'I~R ......................... 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. $
Adjusting ............................................6.6
Change of Contract Times ..........................10.4
Initially Acceptable ...............................2.8-2.9
Preliminary ..........................................2.6
Scope of Changes ..............................10.3-10.4
Subsurface Conditions ..............................4.2. I. I
10
~r$' r '
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
submiual required ................................. 6.24.1
Submittal Procedures ............................... 6.25
use to approve substitutions ........................ 6.7.3
Shown or Indicated ...................................4.3. !
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 ........................................!.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 ......................................6.8.6.11
definition of ........................................!.37
delays ..............................................12.3
waiver of fights .....................................6. I i
Subcontractors--in general ........................6.8-6. ! 1
Subcontracts-required provisions ........ 5. I I, 6. I I, I 1.4.3
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 ........................................1.38
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. I
Substitute Construction Methods of Procedures ..... 6.7.2
Article or Paragraph
Number
Substitute Items .................................. 6.7. 1.2
Subsurface and Physical Conditions--
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. I
Technical Data ..................................... 4.2.2
Supervision--
CONTRACTOR's responsibility ...................... 6. I
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 i .4.5
Supplementary Conditions--
definition of ........................................ 1.39
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 ........................................!.40
principal references to .................. 3.7, 6.5, 6.8-6.1 i,
6.20, 6.24, 9.13, 14.12
Waiver of Rights ....................................6. ! 1
Surety--
consent to final payment .....................14.12, 14.14
ENGINEER has no duty to .........................9.13
Notification of ........................... 10.1, 10.5, 15.2
qualification of ...................................5.1-5.3
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 CONTRACTOR ............... 4.2.2
Possible Price and Times Adjustments .............. 4.2.6
Reports of Differing Subsurface and
Physical Conditions .............................. 4.2.3
Temporary construction facilities ........................4.1
Termination--
by CONTRACTOR ................................. 15.5
by OWNER ............................... 8.8, 15.1-15.4
of ENGINEER's employment ........................ 8.2
-Suspension of Work-in general ........................15
Terms and Adjectives ..................................3.4
Tests and Inspections--
II
Article or Paragraph
Nt,nber
Access to the Work, by others ...................... 13.2
CONTRACTOR's responsibilities .................... 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 ENG1NEER'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 ....................... !.12
day ................................................ 17.72
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 ................................ i 3.8-13.9
Underground Facilities, Physical Conditions--
definition of ........................................ i.41
Not Shown or Indicated ............................ 4.3.2
protection of ................................... 4.3, 6.20
Shown or Indicated ................................ 4.3. I
Unit Price Work--
claims ............................................ ! ! .9.3
definition of ........................................ 1.42
general .................................. !l.9, 14.1, 14.5
Unit Prices--
general ........................................... i 1.3. !
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, 14.10
Value of the Work .....................................11.3
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 ...............5.1 I, 6. ! I
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
CONTRACTOR May Stop Work
or Terminate ................................... 15.5
Coordination of ...................................... 7.4
Cost of the ..................................... I 1.4-1 i.5
definition of ........................................ 1.43
neglected by CONTRACTOR ...................... ! 3.14
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 Directlye--
claims pursuant to .................................. 10.2
definition of ........................................ 1.44
principal references to .................... 3.5.3, 10.1-10.2
Written Amendment--
definition of ........................................ !.45
principal references to ... 1.10, 3.5, 5.10, 5.12, 6.6.2, 6.8.2,
6.19, 10.1, 10.4, i!.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, 11.2, 12.1
by OWNER .................... 9.10-9.11, 10.4, !1.2, 13.14
12
GENERAL CONDITIONS
ARTICLE I--DEFINITIONS
Wherever used in these General Conditions or in the other
Contract Documents the following terms have the meanings
indicated which are applicable to both the singular and plural
thereof:
I.I. Addenda--Written 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 CONTRACTOR covering the Work to be performed; other
Contract Documents are attached to the Agreement and made
a pan thereof as 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).
!.7. Bidding Requirements--The advertisement or invita-
tion to Bid, instructions to bidders, and the Bid form.
1.8. Bonds--Performance and Payment bonds and other
instruments of security.
! .9. Change Order--A document recommended by ENGI-
NEER, which is signed by CONTRACTOR and OWNER and
authorizes an addition, deletion or revision in the Work, or an
adjustment in the Contract Price or the Contract Times, issued
on or after the Effective Date of the Agreement.
i.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 as 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-
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, 3.6.1, and 3.6.3 on or after the Effective Date
of the Agreement. Shop Drawing submittals approved pursu-
ant to paragraphs 6.26 and 6.27 and the reports and drawings
referred to in paragraphs 4.2.1.1 and 4.2.2.2 are not Contract
Documents.
1. I 1. Contract Price--The moneys payable by OWNER to
CONTRACTOR for completion of the Work in accordance
with the Contract Documents as stated in the Agreement
(subject to the provisions of paragraph 1 i .9.1 in the case of
Unit Price Work).
1.12. Contract Times--The numbers of days or the dates
stated in the Agreement: (i) to achieve Substantial Completion,
and (ii) to complete the Work so that it is ready for final
payment as evidenced by ENGINEER's written recommenda-
tion of final payment in accordance with paragraph 14.13.
i.13. CONTRACTOR--The person, firm or corporation
with whom OWNER has entered into the Agreement.
1.14. defective--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 OWN ER
at Substantial Completion in accordance with paragraph ! 4.8
or 14.10).
i.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 as 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.
I. 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-
suitant with respect to the Project and who is identified as such
in the Supplementary Conditions.
1.19. Field Order--A written order 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.
13
! .20. Genend Requirements--Sections of Division I of the
Specifications.
1.21. Hazardoats Waste--The term Hazardous Waste 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 attd Regulations; Laws or Regtdations--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 cncum-
brunets 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.
! .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 notice given by OWN ER
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.
!.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 Work is to be
provided.
!.28. Partial Utilization--Use by OWNER of a substan-
tially completed part of the Work for the purpose for which it is
intended (or a related purpose) prior to Substantial Completion
of all the Work.
1.29. PCBs--Polychlodnated biphenyls.
1.30. 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, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with
other non-Hazardous Wastes and crude oils.
1.31. Project--The total construction of which 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. Radioacth,e Material--Source, special nuclear, or
byproduct material as defined by the Atomic Energy Act of
1954 (42 USC Section 2011 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 examplesof 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.
1.35. Shop Drawings--AI1 drawings, diagrams, 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 portion of
the Work.
136. Specifications--Those portions of the Contract Doc-
uments consisting of written technical descriptions of matcri-
als, equipment, construction systems, standards and workman-
ship as applied to the Work and certain administrative details
applicable thereto.
1.37. Subcontractor--An individual, firm 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 Completion--The Work (or a specified
part thereot) has progressed to the point where, in the opinion
of ENGINEER as evidenced by ENGINEER's definitive
certificate of Substantial Completion, it is sufficiently corn-
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.
139. Supplementary Conditions--The part of the Contract
Documents which amends or supplements these General Con-
ditions.
i.40. Supplier--A manufacturer, fabricator, supplier, dis-
tributor, materialman or vendor having a direct contract with
CONTRACTOR or with any Subcontractor to furnish mated-
als or equipment to be incorporated in the Work by CON-
TRACTOR or any Subcontractor.
! .41. UndergroundFacilities--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.
i.42. Unit Price Work--Work to be paid for on the basis of
unit prices.
14
f'
1.43. Work--The entire 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-
TRACTOR, 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-
lions under which the Work is to be performed as provided in
paragraph 4.2 or 4.3 or to emergencies under paragraph 6.23. A
Work Change Directive will not change the Contract Price or
the Contract Times, but is evidence that the parties expect that
the change directed or documented by a Work Change Direc-
tire will be incorporated in a subsequently issued Change
Order following negotiations by the parties as to its effect, if
any, on the Contract Price or Contract Times as provided in
paragraph 10.2.
! .45. Written Amendment--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. !. When CONTRACTOR delivers the executed Agree-
ments to OWNER, CONTRACTOR shall also deliver to
OWNER such Bonds as CONTRACTOR may be required to
furnish in accordance with paragraph 5. I.
Copies of Documents:
2.2. OWNER shall furnish to CONTRACTOR up to ten
copies (unless otherwise specified in the Supplementary Con-
ditions) 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 Contm~t Times; Notice to Proceed:
,, 2.3. The Contract Ti...cs v, ill ce ..... gncc to Pan on the thini
tth day nRcr the EIT~ct~c Date of the Ae~ect~,cvl, or, ira Notic~
to ln~t.t.~d i3 e;~za, on the day ;Mi~ ;a t~ H~i~ ~ ~.
A ?l~cc to h~ ...cy bc ~R at ~y d..c ~tkin thi~y~w~
~cr the E~a~c Date ef the A~.~cat. ~ ~o e~nt ~il tho
Goatmet Times eo...a.~e~ to m, later than the sixtieth day~fter
the day of Did ol~ning er the tl.,i. tieth day after the Effective Date
of the A$~eax~t, whichever date is eaHiu.
Starling the Work:
2.4. CONTRACTOR 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 part 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 after the Effective Date of the Agree-
ment (unless otherwise specified in the General Requirements),
CONTRACTOR shall submit to ENGlNEER 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-
tal;
2.6.3. a preliminary schedule of values for all of the
Work which will include quantities 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, CONTRACTOR
and OWNER shall each deliver to the other, with copies to
each additional insured identified in the Supplementary Condi-
lions, certificates of insurance (and other evidence of insurance
which either of them or any additional insured may reasonably
request) which CONTRACTOR and OWNER respectively are
required to purchase and maintain in accordance with para-
graphs 5.4, 5.6 and 5.7.
Preconstruction Conference:
* * 2.8. W. ithin twosty dnys after the Cor,+,aet Ti~,~s 3~n to
mvn4ml-before any Work at the site is started, a conference
15
**Indicates paragraph altered or deleted by Supplementary Conditions
allended by CONTRACTOR. ENGINEER and others as ap-
propriate will be held to establish a working understanding
among the parties as to the Work and to discuss the schedules
referred to in paragraph 2.6, procedures for handling Shop
Drawings and other submittals, processing Applications for
Payment and maintaining required records.
!~;~,,lly Acceptable Schedules:
2.9. Unless otherwise provided in the Contract Docu-
merits, at least ten days before submission of the first Applica-
lion for Payment a conference attcnded 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 as 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 providing 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.
cations and interpretations of the Contract Documents shall bc
issued by ENGINEER as provided in paragraph 9.4.
3.3. Reference to Standards and Specifications of Technical
Societies; Reporting and Resoh,ing 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 otherwise 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
instroction of any Supplier referred to in paragraph 6.5,
CONTRACTOR 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.
ARTICLE 3--CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE
Intent:
3. I. The Contract Documents comprise the entire agree-
ment between OWNER and CONTRACTOR concerning the
Work. The Contract Documents arc 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 intent of the Contract Documents to describe
a functionally complete Project (or part thereof) to be con-
structed 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. When words or phrases which have a well- known
technical or construction industry or trade meaning are used to
describe Work, materials or equipment, such words or phrases
shall be interpreted in accordance with that meaning. Clari~-
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-
cared 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 ENG I N EER,
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
16
**Indicates paragraph altered or deleted by Supplementary Conditions
performance 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-
ments.
3.4. Whenever in the Contract Documents the terms
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 requirement, direction, review or judg-
ment of ENGlNEER as to the Work, it is intended that such
requirement, direction, review or judgment will be solely to
evaluate, in general. 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.
Amending and Supplementing Contract Documents:
3.5. The Contract Documents may be amended to provide
for additions, deletions and revisions in the Work or to modify
the terms and conditions thereof in one or more of the following
ways:
3.5. i. 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
paragraph ! 0. ! ).
3.6. In addition, the requirements of the Contract Docu-
ments may be supplemented, and minor variations and devia-
tions in the Work may be authorized, in one or more of the
following ways:
3.6. I. a Field Order (pursuant to paragraph 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 Documents:
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
of the Drawings, Specifications or other documents (or copies
of any thereof) prepared by or bearing the seal 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 4~AVAILABILITY OF LANDS;
SUBSURFACE AND PHYSICAL
CONDITIONS; REFERENCE POINTS
Av~!~bility of Lands:
4.1. OWNER shall furnish, as indicated in the Contract
Documents, the lands upon which the Work is to be 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 with applicable Laws and Regulations. OWNER
shall identify any encumbrances or restrictions not of general
application but specifically related to use of lands so furnished
with which CONTRACTOR 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 otherwise provided in the Contract Docu-
ments. If CONTRACTOR and OWNER are 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
OWN ER's furnishing these lands, fights-of-way or easements,
'CONTRACTOR may make a claim therefor as provided in
Articles I! 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 CondL,~ns:
4.2. I. Reports and Drawings: Reference is made to the
Supplementary Condition~i for identification of:
4.2. I. 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. ! .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 utilized by ENGINEER in prepar-
ing the Contract Documents.
17
4.2.2. Lbnited Reliance by CONTRACTOR Authorized;
Technical Data: CONTRACTOR may rely upon the general
accuracy of the "technical dam" contained in such reports and
drawings, but such reports and drawings are not Contract
Documents. Such "technical data" is identified in the Supple-
mentaW Conditions. Except for such reliance on such "tech-
nical 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. I. the completeness of such reports and drawings
for CONTRACTOR'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-
mation 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 as 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-
spect thereto and advise OWNER in writing (with a copy to
CONTRACTOR) of ENGINEER's findings and conclusions.
4.2.5. Possible Contract Docaments Change: If ENGI-
NEER concludes that a change in the Contract Documents is
required as a result of a condition that meets one or more of the
categories in paragraph 4.2.3., a Work Change Directlye or a
Change Order will be issued as provided in Article l0 to reflect
and document the consequences of such change.
4.2.6. Possible Price attd Times Adjustments: An equitable
adjustment in the Contract Price or in the Contract Times, or
both, will be allowed to the extent that the existence of such
uncovered or revealed condition causes an increase or de-
crease in CONTRACTOR's cost of, or time required for
performance of, the Work; subject, however, to the following:
4.2.6. !. 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 1 i.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. I. 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, investigation, 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 unable 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 provided in Articles I 1 and 12.
However, OWNER, ENGINEER and ENGINEER's Consult-
ants shall not be liable to CONTRACTOR for any claims,
costs, losses or damages sustained by CONTRACTOR on or in
connection with any other project or anticipated project.
4.3. Physical Conditions--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
18
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 informa-
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 for: (i) reviewing and chec'king all such information and
dam, (ii) locating all Underground 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 further 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-
eludes that a change in the Contract Documents is required, a
Work Change Directive or a Change Order will be issued as
provided in Article l0 to reflect and document such conse-
quences. During such time, CONTRACTOR shall be respon-
sible for the safety and protection of such Underground Facility
as provided in paragraph 6.20. CONTRACTOR shall be al-
Iowed 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 aware 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 1 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 Points:
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 of
necessary changes in grades or locations, and shall be respon-
sible for the accurate replacement or relocation of such refer-
ence points by professionally qualified personnel.
4.5. Asbestos, PCBs, Petroleum, Hazardous Waste or Radio-
active Material:
4.5.1. OWNER shall be responsible for any Asbestos,
PCBs, Petroleum, Hazardous Waste or Radioactive Material
uncovered or revealed at the site which was not shown or
indicated in Drawings or Specifications or identified in the
Contract Documents to be within the scope of the Work and
which may present a substantial danger to persons or property
exposed thereto in connection with the Work at the site.
OWNER shall not be responsible for any such materials
brought to the site by CONTRACTOR, Subcontractor, Suppli-
ors or anyone else for whom CONTRACTOR is responsible.
4.5.2. CONTRACTOR shall immediately: (i) stop all
Work in connection with such hazardous condition and in
any area affected thereby (except in an emergency as re-
quired by paragraph 6.23), and (ii) notify OWNER and
ENGINEER (and thereafter confirm such notice in writing).
OWNER shall promptly consult with ENG1NEER concern-
ing the necessity for OWNER to retain a qualified expert to
evaluate such hazardous condition or take corrective action,
if any. CONTRACTOR shall not be required to resume Work
in connection with such hazardous condition or in any such
affected area until after OWNER has obtained any required
permits related thereto and delivered to CONTRACTOR
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 conditions
under which such Work may be resumed safely. if OWNER
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 I 1 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 to
resume such Work under such special conditions, then
OWNER may order such portion of the Work that is in
connection with such hazardous condition or in such af-
feeted area to be deleted from the Work. If OWNER 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 deleting such portion of the
Work, then either party may make a claim therefor as
provided in Articles i l and 12. OWNER may have such
deleted portion of the Work performed by OWNER's own
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
**Indicates paragraph altered or deleted by Supplementary Conditions
Consultants and the officers, directors, employees, agents,
other consultants and subcontractors of each and any of
them from and against all claims, costs, losses and damages
arising out of or resulting from such hazardous condition,
provided that: (i) any such claim, cost, loss or damage is
attributable to bodily injury, sickness, disease or death, or to
injury to or destruction of tangible property (other than the
Work itscl0, including the loss of use resulting therefrom,
and (ii) 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.
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.
ARTICLE 5---BONDS AND INSURANCE
CONTRACTOR's Liability Insurance:
Perfornumce, Payment and Other Bonds:
5.1. CONTRACTOR shall furnish Performance and Pay-
ment Bonds, each in an mount 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 after the date when final payment becomes due, except as
provided otherwise by Laws or Regulations or by the Contract
Documents. CONTRACTOR shall also furnish such other
Bonds as are 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" as 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.
5.4. 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 which may arise out of or result
from CONTRACTOR's performance and fumishing of the
Work and CONTRACTOR's other obligations under the Con-
tract Documents, whether it is to be performed or furnished by
CONTRACTOR, any Subcontractor or Supplier, or by anyone
directly or indirectly employed by any of 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 acts;
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 damages because of bodily injury, sick-
ness or disease, or death of any person other than CON-
TRACTOR's employees;
5.2. If the surety on any Bond furnished by CONTRAC-
TOR iS declared a bankrupt or becomes insolvent or its fight 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. I, CONTRACTOR shall within ten days thereafter
substitute another Bond and surety, both of which must be
acceptable to OWNER.
5.3. Licensed Sureties and Insurers; Certificates of Insurance:
5.4.4. claims for dan'rages insured by customary personal
injury liability coverage which are sustained: (i) by any
person as a result of an offense directly or indirectly related
to the employment of such person by CONTRACTOR, or (ii)
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 loss of use resulting therefrom;
and
5.3. I. 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
5.4.6. claims for damages because of bodily injury or
death of any person or property damage arising out of the
ownership, maintenance or use of any motor vehicle.
Indicates paragraph altered or deleted by Supplementary Conditions
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 profes-
sional liability) OWNER, ENGINEER, ENGINEER's Con-
suitants 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
officers and employees of all such additional insureds;
5.4.8. include the specific coverages and be written for
not less 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 Liability Insurance:
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 at OWNER's expense
OWNER's own liability insurance as will protect OWNER
against claims which may arise from operations under the
Contract Documents.
Property Insurance:
5.6. Unless otherwise provided in the Supplementary Con-
ditions, OWNER shall purchase and maintain property insur-
ante upon the Work at the site in the amount of the full
replacement cost thereof (subject to such deductible amounts
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-
suitants 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 at least
include insurance for physical loss 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 incurred in the repair or replace-
ment of any insured property (including but not limited to
fees and charges of engineers and architects);
5.6.4. cover mateddais 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 thirty days written notice
to each other additional insured to whom 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. ENG1NEER'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 thereof) required to be purchased and main-
rained 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. I I.
21
5.9. OWNER 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-
tified deductible amount, will be borne by CONTRACTOR,
Subcontractor or others suffering any such loss and if any of
them wishes property insurance coverage 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 of the Work at
the site, OWNER shall in writing advise CONTRACTOR
whether or not such other insurance has been procured by
OWNER.
S. ll. Waiver of Rights:
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 insurers in such policies
and will provide primary coverage for all losses and damages
caused 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 all rights
against each other and their respective offcers, 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 all 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 rights that any party
making 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 offcers, directors, employees
and agents of any of them, for:
5.1 !.2.1. 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
caused by, arising out of or resulting from fire or other
peril, whether or not insured by OWNER; and
5. i 1.2.2. loss or damage to the completed Project or
pan 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
14.10, 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 rights of recovery against any of CON-
TRACTOR, Subcontractors, ENGINEER, ENGINEER's Con-
suitants 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-
ments 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-
merit as the parties in interest may reach. If no other special
agreement is reached the damaged Work shall be repaired or
replaced, the moneys so received applied on account thereof
and the Work and the cost thereof covered by an appropriate
Change Order 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 after 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 agreement 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 shall 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--conforrnance 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
22
required to provide such coverage, and a Change Order shall
be issued to adjust the Contract Price accordingly.
Partial Utilization---Properly Insurance:
5.15. If OWNER finds it necessary to occupy or use a
portion or portions of the Work prior to Substantial Completion
0fall the Work, such use or occupancy may be accomplished in
accordance with paragraph 14.10; provided that no such use or.
occupancy shall commence before the insurers providing the
property insurance have acknowledged notice thereof and in
writing effected any changes in coverage necessitated thereby.
The insurers providing the property insurance shall consent by
endorsement on the policy or policies, but the property 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-
rarely with the Contract Documents.
6.2. CONTRACTOR shall keep on the Work at all times
during its progress a competent resident superintendent, who
shall not be replaced without written notice to OWNER and
ENGINEER except under extraordinary circumstances. The
superintendent will be CONTRACTOR's representative at the
site and shall have authority to act on behalf of CONTRAC-
TOR. All communications to the superintendent shall be as
binding as if given to CONTRACTOR.
Labor, Materials and Equipment:
6.3. CONTRACTOR shall provide competcnt, suitablyqual-
ified personnel to survey, lay out and construct the Work as
required by the Contract Documents. CONTRACTOR shall at
all times maintain good discipline and order at the site. Except
as 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-
lion of the Work.
6.5. All materials and equipment shall be of good quality
and new, except as otherwise provided in the Contract Docu-
merits. All warranties and guarantees specifically called for by
the Specifications shall expressly run to the benefit of OWNER.
If required by ENGINEER, CONTRACFOR 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 conditioncd in accordance with instructions
of the applicable Supplier, except as otherwise provided in 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 progress schedule that will not
change the Contract Times (or Milestones). Such adjust-
ments will conform generally 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 paragraph
12.1. Such adjustments may only be made by a Change
Order or Written Amendment in accordance with Article i 2.
6.7. Substitutes and "Or-Equal" Items:
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 ENG IN EER under the following circumstances:
23
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
CONTRACTOR does not qualify as an "or-equal" item
under subparagraph 6.7. I. I, 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-
mented in the General Requirements and as ENGINEER
may decide is appropriate under the circumstances. Re-
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-
caliph 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-
rated. 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-
tipnat 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: If a
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: ENG1NEER 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 "or-
equal" or substitute will be ordered, installed or utilized
without ENGINEER's prior written acceptance whi~:h will bc
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 CONTRACTOR pursuant to paragraphs 6.7. ! .2
and 6.7.2 and in making changes in the Contract Documents (or
in the provisions of any other direct contract with OWNER for
work on the Project) occasioncd thereby. Whether or not
ENGlNEER 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 or 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 require 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 the
Effective Date of the Agreement for acceptance by OWNER
and ENGINEER, and if CONTRACTOR has submitted a
list thereof in accordance with the Supplementary Condi-
tions, OWNER's or ENG1NEER's acceptance (either in
writing or by failing to make written objection thereto by the
date indicated for acceptance or objection in the bidding
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 after
due investigation, in which case CONTRACTOR shall sub-
mit an acceptable substitute, the Contract Price will be
adjusted by the difference in the cost occasioned by such
24
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 or 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-
TRACTOR is responsible for CONTRACTOR's own acts
and omissions. Nothing in the Contract Decumcnts 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 par~ of OWNER or ENGI-
NEER to pay or to see to the payment of any moneys due
any such Subcontractor, Supplier or other person or organi-
zation except as may otherwise be required by Laws and
Regulations.
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 organiza-
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
specific trade.
6.11. 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-
lain provisions whereby the Subcontractor or Supplier waives
all fights against OWNER, CONTRACTOR, ENGINEER,
ENGIN EER'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
sanle.
Patent Fees and Royalties:
6.12. CONTRACTOR shall pay all license fees and royal-
ties and assume all costs incident to the use in the performance
of the Work or the incorporation in the Work of any 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 rights 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 from 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.
,~ 6.13. Unless otherwise provided in the Supplementary
Conditions, CONTRACTOR shall obtain and pay for all con-
struction permits and licenses. OWNER shall assist CON-
TRACTOR, when necessary, in obtaining such permits and
licenses. CONTRACTOR shall pay all governmental charges
asd i~i~ion fceo 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-
TRACTOR 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 costs related thereto such as plant
investment fees.
Laws and Reg,_,t,,__n.'ons:
6.14. I. CONTRACTOR 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 Regnlations, 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 CONTRACTOR 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 the Laws and Regulations of the place of
** Indicates paragraph altered or deleted by Supplementary Conditions
the Project which are applicable during the performance of the
Work.
the Work, these record documents, Samples and Shop Draw-
ings will be delivered to ENGINEER for OWNER.
Use of Premises:
6.16. CONTRACTOR shall confine construction equip-
ment, the storage of materials and equipment and the opera-
tions 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 !and or areas, 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 promptly settle with such other
party by negotiation or otherwise resolve the claim by arbitra-
lion or other dispute resolution proceeding or at law. CON-
TRACTOR shall, to the fullest extent permitted by Laws and
Regulations, indemnify and hold harmless OWNER, ENG!-
NEER, ENGINEER's Consultant and anyone directly or
indirectly employed by any of them from and against all claims,
costs, losses and damages arising out of or resulting from any
claim or action, legal or equitable, brought by any such owner
or occupant against OWNER, ENGINEER or any 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 from the Work. At
the completion of the Work CONTRACTOR shall remove all
waste materials, rubbish and debris from and about the pre-
raises 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 Documents:
6.19. CONTRACTOR shall maintain in a safe place at the
site one record copy of all Drawings, Specifications, Addenda,
Written Amendments, Change Orders, Work Change Direc-
tires, 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
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-
nated 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 of
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-
ors 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 para-
graph 14.13 that the Work is acceptable (except as otherwise
expressly provided in connection with Substantial Comple-
tion).
Safety Representative:
6.21 .' CONTRACTOR shall designate a qualified and expe-
rienced safety representative at the site whose duties and
26
responsibilities shall be the prevention of accidents and the
maintaining and supervising of safely precautions and pro-
grams.
Hazard Communication Programs:
6.22. CONTRACTOR shall be responsible for coordinating
any exchange of material safety data sheets or other hazard
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:
6.23. in emergencies affecting the safety or protection of
persons or the Work or property at the site or adjacent
thereto, CONTRACTOR, without special 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 significant 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 Directlye 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 ENG1NEER 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 paragraph 6.26. The num-
bers of each Sample to be submitted will be as specified in
the Specifications.
6.25. Submi_n_~! Procedures:
6.25.1. Before submitting each Shop Drawing or Sam-
pie, CONTRACTOR shall have determined and verified:
6.25.1.1. all field measurements, quantities. dimen-
sions, specified performance criteria, installation require-
ments, materials, catalog numbers and similar information
with respect thereto,
6.25.1.2. 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 means, 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-
TRACTOR's obligations under the Contact Documents with
respect to CONTRACTOR'S review and approval 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 covered by the submittals
will, after installation or incorporation in the Work, conform to
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 Documents) or to safety
precautions or programs incident thereto. The review and
approval of a 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 corrections called for by
ENGINEER on previous submittals.
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
27
Documents unless CONTRACTOR has in writing called EN-
GINEER's attention to each such variation at the 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. I.
6.28. Where a Shop Drawing or Sample is required by the
Contract Documents or the schedule of Shop Drawings and
Sarapie submissions accepted by ENGINEER as required by
paragraph 2.9, any related Work performed prior to ENGI-
NEER's review and approval of the pertinent submittal will be
at the sole expense and responsibility of CONTRACTOR.
Continuing the Work:
6.29. CONTRACTOR shall carry on the Work and adhere
to the profess schedule during all disputes or disagreements
with OWNER. No Work shall be delayed or postponed pend-
ing resolution of any disputes or disagreements, except as
permitted by paragraph 15.5 or as OWNER and CONTRAC-
TOR may otherwise agree in writing.
6.30. CONTRACTOR's General Warranty and Guarantee:
6.30.1. CONTRACTOR warrants and guarantees to
OWNER, ENGINEER and ENGINEEWs 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:
6.30.1. !. abuse, modi~cation or improper maintenance
or operation by persons other than CONTRACTOR, Sub-
contractors or Suppliers; or
6.30. 1.2. 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 CONTRACTOR'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
thereof by OWNER;
6.30.2.5. any acceptance by OWNER or any failure to
do so;
6.30.2.6. any review and approval of a 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 by any negligent act or
omission 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, regardless of whether
or not caused in part by any negligence or omission of a person
or entity indemnified hereunder or whether liability is imposed
upon such indemnified party by Laws and Regulations regard-
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
pei'sonal 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 paragraph
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 CONTRACTOR
under paragraph 6.31 shall not extend to the liability of ENGI-
NEER and ENGINEER's Consultants, officers, directors,
employees or agents caused by the professional negligence,
errors or omissions of any of them.
Survival 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 of the Agreement.
ARTICLE 7---OTHER WORK
Related Work at Site:
7.1. 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 I I
and 12 if CONTRACTOR believes that such performance
will involve additional expense to CONTRACTOR or re-
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 opportunity for the
introduction and storage of mateddais 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 for 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 proper execution or results of any part 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 such other work that render it
unavailable or unsuitable for the proper execution and results
of CONTRACTOR's Work. CONTRACTOR'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 responsibility 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. i. 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 forth in paragraphs 4.1 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 ENGlNEER in preparing the Contract
Documents.
8.5. OWNER's responsibilities in respect of purchasing
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 responsibility 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.
8.9. The OWNER shall not supervise, direct or have
control or authority 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 failure of CONTRACTOR to comply with
Laws and Regulations applicable to the furnishing or perfor-
mance of the Work. OWNER will not be responsible for
CONTRACTOR'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, Petroleum, Hazardous Waste or Radioactive
Materials uncovered or revealed at the site is set forth in
paragraph 4.5.
8.11. If and to the extent OWNER has agreed 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.
observations 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 furnishing or performance of the Work.
Project Representative:
9.3. if OWNER and ENG1NEER 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 limitations 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 ENG1NEER as OWNER's repre-
sentalive 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 CONTRAC-
TOR's 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 profess of the Work and
will endeavor to guard OWNER against defective Work. EN-
G1NEER's visits and on-site observations are subject to all 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
Ciari~ations and lnlerpretations:
9.4. ENGINEER will issue with reasonable promptness
such written clarifications or interpretations of the require-
ments of the Contract Documents (in the form 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 I ! or Article 12.
Authorized 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 Order and will be binding on OV~',IER and also on
CONTRACTOR who shall perform the Work involved promptly.
!f OWNER or CONTRACIX)R 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 or 12.
Rejecting Defective Work:
9.6. ENGINEER will have authority to disapprove or
reject Work which ENGINEER believes to be defective, or
3O
that ENGINEER believes will not produce a completed Project
that conforms to the Contract Documents or that will prejudice
the integrity of the design 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 fabricaled. installed or completed.
Shop Drawings, Change Orders 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, I I, 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 written 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 (it) 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 such 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.
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
ENG1NEER 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 (it) if 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 and 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 interpreter and judge under
paragraphs 9. l0 and 9. I I, 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 9.11 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.
Decisions 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
9.13. Limlt,,nnns on ENGINEER's Authority and Responsibilities:
9.13. I. 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 ENGIN E ER
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 or give rise to any duty owed by ENGINEER
to CONTRACTOR, any Subcontractor. any Supplier, any
other person or organization, or to any surety for or em-
ployee or agent of any of them.
31
9.13.2. ENGINEER will not supervise, 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 CONTRACTOR
to comply with Laws and Regulations applicable to the
furnishing or performance of the Work. ENG IN EER 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 any of the Work.
9.13.4. ENGINEER's review ofthe final Application for
Payment and accompanying documentation and all mainte-
nance and operating instructions, schedules, guarantees.
bonds and certificates of inspection, tests and approvals and
Other documentation required to be delivered by paragraph
14.12 will only be to determine generally 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.
10.4. OWNER and CONTRACTOR shall execute appro-
priate Change Orders recommended by ENGINEER (or Writ-
ten Amendments) coveting:
10.4.1. changes in the Work which are (i) ordered by
OWNER pursuant to paragraph 10. I, (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
which 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 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
Directlye. 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 Directlye, a claim may be made
therefor as provided in Article I I 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 to 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 paragraph 6.23 or in the case of
uncovering Work as provided in paragraph 13.9.
ARTICLE I I--CHANGE OF CONTRACT PRICE
I 1. I. The Contract Price constitutes the total compensa-
lion (subject to authorized adjustments) payable to CON-
TRACTOR for performing the Work. All duties, responsibili-
ties and obligations assigned to or undertaken by CONTRACTOR
shall be at CONTRACTOR's expense without change in the
Contract Price.
I !.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. I I ifOWNER
and CONTRACTOR cannot otherwise agree on the amount
involved. No claim for an adjustment in the Contract Price will
32
be valid if not submitted in accordance with this paragraph
il.2.
I 1.3. The value ofany Work covered by a Change Order or
of any claim for an adjustment in the Contract Price will be
determined as follows:
11.3.1. where the Work involved is covered by unit
prices contained in the Contract Documents, by application
of such unit prices to the quantities of the items involved
(subject to the provisions of paragraphs 11.9.1 through
I 1.9.3, inclusive);
! 13.2. 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 ! 1.6.2);
! 1.3.3. 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 i i.4 and ! 1.5) plus a CONTRACTOR's fee for
overhead and profit (determined as provided in paragraph
11.6).
Cost of the Work:
i ! .4. The term Cost of the Work means the sum of all costs
necessarily incurred and paid by CONTRACTOR in the proper
performance of the Work. Except as otherwise may be agreed
to in writing by OWNER, such costs shall be in amounts no
higher than those prevailing in the locality of the Project, shall
include only the following items and shall not include any of the
costs itemized in paragraph I 1.5:
11.4.1. Payroll costs for employees in the direct employ
of CONTRACTOR in the performance of the Work under
schedules of job classifications agreed upon by OWNER and
CONTRACTOR. Such employees shall include without !im-
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.
! ! .4.2. Cost of all materials and equipment furnished and
incorporated in the Work, including costs of 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 mated-
als and equipment shall accrue to OWNER, and CON-
TRACIDR shall make provisions so that they may be
obtained.
11.4.3. 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 OWN ER
and CONTRACTOR 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 11.4, 11.5, 11.6 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 consultants (including but not
limited to engineers, architects, testing laboratories, survey-
ors, attorneys and accountants) employed for services spe-
cifically related to the Work.
11.4.5. Supplemental costs including the following:
I 1.4.5. I. The proportion of necessary transportation,
travel and subsistence expenses of CON TRACTOR's em-
ployees incurred in discharge of duties connected with the
Work.
11.4.5.2. 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 pans 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.
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.
11.4.5.5. 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.
33
ii .4.5.6. Losses and damages (and related expenses)
caused by damage to the Work, not compensated by
insurance or otherwise, sustained by CONTRACTOR in
connection with the performance and furnishing of the
Work (except losses and damages within the deductible
amounts of property insurance established by OWN ER in
accordance with paragraph 5.9), provided they have re-
sulted from causes other than the negligence 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 settle-
merits 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. lf, 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 I 1.6.2.
I 1.4.5.7. The cost of utilities, fuel and sanitary facili-
ties at the site.
! 1.4.5.8. Minor expenses such as telegrams, long dis-
lance telephone calls, telephone service at the site, ex-
pressage and similar petty cash items in connection with
the Work.
1 ! .4.5.9. Cost of premiums for additional Bonds and
insurance required because of changes in the Work.
!1.5. The term Cost of the Work shall not include any of
the following:
! ! .5. i. Payroll costs and other compensation of CON-
TRACTOR's officers, executives, principals (of partnership
and sole proprietorships), general managers, engineers, ar-
chitccts, cstimators, attorncys, auditors, accountants, pur-
chasing and contracting agents, expediters, timekeepers,
clerks and other personnel employed by CONTRACTOR
whether at the site or in CONTRACTOR's principal or a
branch office for general administration of the Work and not
specifically included in the agreed upon schedule of job
classifications referred to in paragraph I 1.4.1 or specifically
covered by paragraph I 1.4.4---all of which are to be consid-
crcd administrative costs covered by the CONTRACTOR's
fee.
11.5.2. Expenses of CONTRACTO R's principal and
branch offices other than CONTRACTOR' s office at the site.
II .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 o.f defective 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 11.4.
I !.6. The CONTRACTOR's fee allowed to CONTRAC-
TOR for overhead and profit shall be determined as follows:
!1.6.1. 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:
11.6.2.1. for costs incurred under paragraphs 11.4.1
and 11.4.2, the CONTRACTOR's fee shall be fifteen
percent;
!1.6.2.2. for costs incurred under paragraph I I .4.3,
the CONTRA.CTOR's fee shall be five percent;
I 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 .4.1, 11.4.2,
I! .4.3 and !!.6.2 is that the Subcontractor who actually
performs or furnishes the Work, at whatever tier, will be
paid a fee of fifteen percent of the costs incurred by such
Subcontractor under paragraphs 11.4. I and 11.4.2 and that
any higher tier Subcontractor and CONTRACTOR will
each be paid a fee of five percent of the amount paid to the
next lower tier Subcontractor;
i 1.6.2.4. no fec shall be payable on the basis of costs
itemized under paragraphs 11.4.4, I 1.4.5 and 11.5;
! 1.6.2.5. the amount of credit to be allowed by CON-
TRACTOR to OWNER for any change which results in 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 1.6.2.6. 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 !1.6.2.1 through 11.6.2.5,
inclusive.
11.7. Whenever the cost of any Work is to be determined
pursuant to paragraphs 11.4 and 1 i.5, CONTRACTOR will
establish and maintain 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.
34
Cash Allowances:
I 1.8. 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-
hishod and performed for such sums as may be acceptable to
OWNER and ENGINEER. CONTRACTOR agrees that:
· 11.8. !. 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
! ! .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 CONTRACTOR on account of Work covered by
allowances, and the Contract Price shall be correspondingly
adjusted.
11.9. Unit Price Work:
! 1.9.1. 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.
!!.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-
rarely identified item.
11.9.3. OWNER or COlqTRACTOR ,,r.y ,,.alto a claiax
for an adjteh~cnt in the Cor~ ~ct I~ ;~c in a~da~ ~, ~h
A~elc I! if:
11.9.3. I. the quantity of any it~n of Unit Pfiec Work
ped~.,,,cd by CONTRACTOR o~4~cr.~ ,,,me,Zedly and
ni~eantly froas the esti,,med quantity of such its... indi
eatcd in the Agrec,,,cat; and
I 1.9.3.2. there is no co,,csponding ~jush,,cnt ~th
rospeet to any ~thcr it~x, of W6, k;
11.9.3.3. if CONTRACTOR believes that CONTRAC
TOR i~ entitlod to an inor~m~go in Contrast Pri~ as a rosult'
of having iaeor;ed additional c~pcnac or OWNER be'
lieges Ihat OWNER is entitled to a decrc~c in Contru~
~ and the pafiies are unable to ngrcc ~ to the a~ount
of any ~oh ine~e or dccrc~c.
ARTICLE 12--CHANGE OF CONTRACT TIMES
12.1. 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 shall
be accompanied by the claimant's written statement that the
adjustment claimed is the entire adjustment to which the
claimant has reason to 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
CONTRACTOR cannot otherwise agree. No claim for an
adjustment in the Contract Times (or Milestones) will be valid
if not submitted in accordance with the requirements of this
paragraph 12. I.
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 CONTRACTOR 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 (ii)
35
** Indicates paragraph altered or deleted by Supplementary Conditions
delays beyond the control of both parties including but not
limited to fires, floods. epidemics, abnormal weather condi-
tions, acts 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 DEFECTIVE WORK
13.1. Notice of Defects: Prompt notice of all defective
Work of which OWNER or ENGINEER have actual knowl-
edge will be given to CONTRACTOR. All defective Work
may be rejected, corrected or accepted as provided in this
Article 13.
approval. CONTRACTOR shall also be responsible for arrang-
ing and obtaining and shall pay all costs in connection with any
inspections, 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 CONTRACTOR's intcn-
lion to cover the same and ENGINEER has not acted with
reasonable promptness in response to such notice.
**
Access to Work:
13.2. OWNER, ENGINEER, ENGINEER's Consultants,
other representatives and personnel of OWNER, independent
testing laboratories and governmental agencies with jurisdic-
tional 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.
Tests and Inspections:
13.3. CONTRACTOR shall give ENGINEER timely 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. !. 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
Uncovering Work:
i 3.8. If any Work is covered contrary to the written request
of ENGINEER, it must, if requested by ENGINEER, be
uncovered for ENGINEER's observation and replaced at
CONTRACTOR's expense.
13.9. If ENGINEER considers it necessary or advisable
that covered Work be observed by ENGINEER or inspected
or tested by others, CONTRACTOR, at ENGINEER's re-
quest, shall uncover, expose or otherwise make 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 is
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 !. 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-
vided in Articles !1 and 12.
13.4.3. as otherwise specifically provided in the Con-
tract Documents.
OWNER May Stop the Work:
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-
sentalive of such public body, CONTRACTOR shall assume
full responsibility for arranging and obtaining such inspections,
tests or approvals, pay allcosts in co~ectio~ thc~v~tk, and
furnish ENGINEER the required certificates of inspection, or
13.10. If the Work is defective, or CONTRACTOR fails to
supply sufficient skilled workers or suitable materials or equip-
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 CONTRAC'IDR 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
36
Indicates paragraph altered or deleted by Supplymentary Conditions
shall not give rise to any duty on the pan 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 OWNER and in accordance
with OWN ER'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 defectfi'e,
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-
moval and replacement has been satisfactorily completed.
Acceptance of Defective Work:
13.13. If, instead of requiring correction or removal and
replacement of defective Work, OWN ER (and, prior to E NG I-
NEER's recommendation of final payment, also ENGINEER)
prefers to accept it, OWNER may do so. CONTRACTOR shall
pay all claims, 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 prior 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 OWN ER
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 !. If the acceptance occurs after such recommenda-
lion. an appropriate amount will be paid by CONTRACTOR to
OWNER.
OWNER May Correct Defective l~rk:
13.14. 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 notice 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
possess/on of CONTRACTOR's tools, appliances, construe-
lion equipment and machinery at the site and incorporate in the
Work all materials and equipment stored at the site or for which
OWNER has paid CONTRACTOR but which are stored
elsewhere. CONTRACTOR shall allow OWNER, OWNER's
representatives, agents and employees, OWNER's other con-
tractors and ENGINEER and ENGINEER's Consultants a~:-
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 I I. Such claims, costs, losses and damages
will include but not be limited to all costs of repair or replace-
ment of work of others 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 exercise by OWN ER
of OWNER's rights and remedies hereunder.
ARTICLE 14--PAYMENTS TO CONTRACTOR AND
COMPLETION
Schedule of Values:
14. I. The schedule of values established as provided in
paragraph 2.9 will serve as the basis for progress payments and
37
will be incorporated into a form of Application For Payment
acceptable Io 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 sale, 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,
all 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.
Review of Applications 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 to
OWNER with ENGINEER's recommendation, the amount
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 IN EER's
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:
14.5. !. 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
Price Work under paragraph 930, and to any other quali-
fications stated in the recommendation), and
14.5.3. the conditions precedent to CONTRACTOR's
being entitled to such payment appear to have been
fulfilled in so far as it is ENGINEER's responsibility t°
observe the Work.
However, by recommending any such payment ENGINEER
will not thereby be deemed to have represented that: (i)
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 parties 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-
eluding 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 recommend 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 Price 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,
38
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,
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;
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.
Substantial 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 specifically listed by CONTRAC-
TOR as incomplete) and request that ENGINEER issue a
certificate of Substantial Completion. Within a reasonable time
thereafter, OWNER, CONTRACTOR and ENGINEER shall
make an inspection of the Work to determine the status of
completion. If ENGINEER does not consider the Work sub-
stunttally 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 pend-
ing 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
ENGINEER in writing prior to ENGINEER's issuing the
definitive certificate of Substantial Completion, ENG 1N EER's
aforesaid recommendation will be binding on OWNER and
CONTRACTOR until final payment.
14.9. OWNER shall have the right 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 Utilization:
14.10. Use by OWNER at OWNER's option of any sub-
stunttally completed part of the Work which: (i) has specifically
been identified in the Contract Documents, or (it) OWNER,
ENGINEER and CONTRACTOR agree constitutes a sepa-
rately functioning and usable part 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 any such
pan 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.
CONTRACTOR at any time may notify OWNER and
ENGINEER in writing that CONTRACTOR considers
any such pan of the Work ready for its intended use and
substantially complete and request ENGINEER to issue a
certificate of Substantial Completion for that pan of the
Work. Within a reasonable time after either such request,
OWNER, CONTRACTOR and ENGINEER shall make
an inspection of that part of the Work to determine its
status of completion. If ENG1NEER 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 division 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.
Final 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 all
39
particulars 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-
eates 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 for 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 (iii) complete and legally effective releases or
waivers (satisfactory to OWNER) of all Liens arising out of or
filed 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 releases in full 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 OWN ER
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.
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 fully completed or corrected is less than
the retainage stipulated in the Agreement, and if Bonds have
been furnished as required in paragraph 5. I, the written con-
sent of the surety to the payment of the balance due for that
portion of the Work fully completed and accepted shall be
submitted by CONTRACTOR to 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 and 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-
!igations 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.
Final Payment and Acceptance:
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 CONTRACTOR'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
ART1CLE 15---SUSPENSION OF WORK AND
TERMINATION
OWNER May Suspend Work:
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 I i
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 6.6);
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 CONTRAC'I~R otherwise violates in any sub-
stantial 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, CONTRACTOR 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 ¢ffec-
live 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 date
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 directly 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 court or other public author-
ity, or ENGINEER fails to act on any Application for
Payment 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-
merit 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 failed to act on an Application
for Payment within thirty days 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 CONTRACTOR 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
titI [ T
such rights or remedies as either may otherwise have under the
Contract Documents or by Laws or Regulations in respect of
any dispute.
ARTICLE 17--MISCELLANEOUS
Giving Notice:
17.1. Whenever any provision of the Contract Documents
requires the giving of written notice, it will be deemed to have
been validly given if delivered in person to the individual or to
a member of the firm or to an officer of the corporation for
whom it is intended, or if delivered at or sent by registered or
certified mail, postage prepaid, to the last business address
known to the giver of the notice.
Computation of Times:
17.2.1. When any period of time is referred to in the
Contract Documents by days, it will be computed to exclude
the first and include the last day of such period. if the last day
of any such period falls on a Saturday or Sunday or on a day
made a legal holiday by the law of the applicable jurisdiction,
such day will be omitted from the computation.
17.2.2. A calendar day of twenty-four hours measured
from midnight to the next midnight will constitute a day.
Notice of Claim:
17.3. Should OWNER or CONTRACTOR 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 of 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 Remedies:
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 rights and remedies
available to OWNER and ENGINEER thereunder, arc in
addition to, and are 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 Documcnts, and the provisions of
this paragraph will be as effective as if repeated specifically in
the Contract Documents in connection with each particular
duty, obligation, right and remedy to which 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 fccs 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.]
42
EXHIBIT 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 16
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 relat-
ing to the Contract Documents or the breach thereof (except
for claims which have been waived by the making or accep-
lance 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-
elation 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 9.1 i 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. !l ; and the
failure to demand arbitration within said thirty days' period will
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 entcred as cvidcncc 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 9.10.
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 all 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 bc
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-
dons.
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 person or entity is substantially in-
volved in a question of law or fact which is common to those
who are already parties to the arbitration and which will arise
in such proceedings, and
16.4.3. the written consent of the other person or entity
sought to be included and of OWNER and 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 if a claim, dispute or
other matter in question between OWNER and CONTRAC-
TOR involves the Work of a 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-
tor. Nothing in this paragraph 16.5 nor in the provision of such
subcontract consenting tojoinder 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 bc final,
judgment may be entered upon it in any court having jurisdic~
lion thereof, and it will not be subject to modification or appeal.
[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 As-
sociation under the Construction Industry Mediation Rules of
the American Arbitration Association prior to either of them
initiating _ng~inst the other a demand for arbitration pursuant to
paragraphs 16.1 through 16.6, unless delay in initiating arbitra-
tion would irrevocably prejudice one of the parties. The
respective thirty and ten day time limits within which to file a
demand for 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 limits 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
SECTION SC
SUPPLEMENTARY CONDITIONS
SECTION SC
SUPPLEMENTARY CONDITIONS
W&A #94-093
WATER MAIN
These Supplementary Conditions amend or supplement the Standard General Conditions of
the Construction Contract (No. 1910-8, 1983 ed.) and other provisions of the Contract
Documents as indicated below. All provisions which are not so amended or supplemented
remain in full force and effect.
Numerical designations of the following sections correlate to the amended sections of the
General Conditions.
1. DEFINITIONS
1.1 The terms used in these Supplementary Conditions which are defined in the
Standard General Conditions of the Construction Contract (No. 1910-8, 1983 ed.)
have the meanings assigned to them in the General Conditions.
1.2 Working Day - A working day is any calendar day except for the following: 1)
Saturday or Sunday or any day designated as a holiday by the Ci of Coppell, 2)
Any day in which weather or conditions not under control of the ~ONTRACTOR
prevents construction of the work for a pedod of at least six (6) hours between
8:00 a.m. and 5:00 p.m. In these contract documents the term day refers to a
calendar day unless specifically termed a working day.
2.3 COMMENCEMENT OF CONTRACT TIME; NOTICE TO PROCEED
Delete paragraph 2.3 of the General Conditions in its entirety and insert the following in
its place.
"Commencement of Contract Time shall begin on the date indicated in the Notice to
Proceed. OWNER may issue a Notice to Proceed at any time suitable to OWNER.
Any provisions stipulating the time limits that a Notice to Proceed can be issued, must
be mutually agreed upon by OWNER and CONTRACTOR pdor to executing the
Agreement."
2.8 PRECONSTRUCTION CONFERENCE
Delete the following language from the first sentence of Paragraph 2.8 of the General
Conditions:
"Within twenty days after the effective date of the Agreement, but..."
2.9 FINALIZING SCHEDULES
The ENGINEER may give final approval to schedules as submitted in accordance with
paragraphs 2.6 of the General Conditions or as determined in the Preconstruction
f
Con erence without convening a separate conference for that purpose, and will so
notify the CONTRACTOR.
Page SC-1 of 7
SECTION SC - SUPPLEMENTARY CONDITIONS (Continued)
W&A #94-093
WATER MAIN
3.2INTENT
Add the following language after the second sentence of paragraph 3.2 of the General
Conditions: "In the event there are any conflicts between the plans, the specifications
or other Contract Documents the pdodty of interpretation will be as follows: Si?:ne:
Contract Agreement, Bonds, CONTRACTOR'S Proposal, Project Drawings or P
Supplementary Conditions, General Conditions, Project Specifications, Referenced
Specifications ."
4.2.1 EXPLORATIONS AND REPORTS
No reports or explorations and tests of subsurface conditions at the site have been
used by Wier & Associates, Inc. in preparation of the Contract Documents.
GEOTECHNICAL STUDY- DENTON TAP ROAD BY EMCON
Report No. 62958-001-001, dated May 18, 1995.
CONTRACTOR may rely upon the accuracy of the technicel data contained in such
reports except as qualified in the report, but not upon nontechnical data, interpretations
or opinions contained therein or for the completeness thereof for Contractors
purposes. CONTRACTOR is alerted to the fact that certain subsurface conditions may
change with time (such as groundwater levels) and that bodngs provide isolated
information at the specific bore location only.
4.2.2 EXISTING STRUCTURES
The following drawings of physical conditions in or relating to existing surface and
subsurface structures which are at or contiguous to the site have been used by
ENGINEER in preparation of the Contract Documents:
CONTRACTOR may rely upon the accuracy of the technical data contained in such
drawings, but not for the completeness thereof for Contractor's purposes.
o
Denton Creek Bddge Widening Plans, Sheets 1 through 14, dated July 14, 1982
prepared by Dallas County Department of Public Works
Water, Sanitary Sewer & Storm Drainage Improvements for Parkway Boulevard,
High School Access Road and Tract 3, Sheets 1 through 21, dated February 9,
1989, prepared by Jerry Parch6, Consulting Engineer.
Denton County Road Utility District No. 1, Water and Sewer Layout Sheet U-3,
dated January 1986, prepared by Dannenbaum Engineering Corporation,
Dallas, Texas.
g
Denton Tap Water Line Construction Plans, Sheets I through 9 dated June
1984, prepared by Ginn, Inc.
Flower Mound Municipal Utility District No. 1, 30" Treated Water Supply Line
Construction Plans, Sheets 9 through 11 dated March 1973, prepared by
Shimex, Roming, Jacobs & Finklea.
Page SC-2 of 7
SECTION SC - SUPPLEMENTARY CONDITIONS (Continued)
W&A #94-093
WATER MAIN
4.3.2 UNDERGROUND FACILITIES
Add the following language to the beginning of paragraph 4.3.2 of the General
Conditions:
"CONTRACTOR shall contact the dty water & sewer and public works departments and
utility companies which have a franchise to operate in the area of the project site and
shall determine the location of their fadlities at or contiguous to the site and shall
protect same from damage dudng construction."
4.4 REFERENCE POINTS
The construction plans indicate by coordinates the location of reference markers for
horizontal control. The construction plans provide coordinates along the water line
alignment on the same datum as the control. Vertical bench marks are referenced in
the plans. This is the extent of survey control to be provided. Any additional
construction layout shall be at the CONTRACTOR'S expense and subsidiary to pay
items.
5.1 BONDS
5.1.1 Add the following language at the end of paregraph 5.1 of the General
Conditions:
"All Bonds shall be in accordance with the provisions of Article 5160, Revised Civil
Statutes of Texas, as amended ."
5.1.2 Performance and Payment Bonds shall be fumished in favor of the OWNER for
one hundred percent (100%) of the Contract Pdce. A Maintenance Bond shall be
fumished in the amount of fifty percent (50%) of the Contract Pdce in favor of the
OWNER for a pedod of two (2) years and shall be executed by an approved surety
company authorized to do business in the State of Texas.
5.3 INSURANCE
CONTRACTOR shall name the City of Coppell as an additional insured under
CONTRACTOR'S general liability policy. The commercial liability insurance form of
policy may be used in lieu of comprehensive general liability form. The limits of liability
for the insurance required by paragraph 5.3 of the General Conditions shall provide
coverage for not less than the following amounts or greater where required by laws and
regulations.
Each insurance policy to be fumished by successful BIDDER shall include, by
endorsement to the policy, a statement that notice shall be given to the City of Coppell
by Certified Mail thirty (30) days pdor to cancellation or upon any matedal change in
coverage.
5.3.1 and 5.3.2. Workers' Compensation, etc. under paragraphs 5.3.1 and 5.3.2 of the
· General Conditions:
(1) State: Statutory
(2) Applicable Federal (e.g. Longshoreman's): Statutory
(3) Employer's Liability: $100,000
5.3.3, 5.3.4, 5.3.5 and 5.3.6 Comprehensive General Liability (under paragraphs 5.3.3
through 5.3.6 of the General Conditions):
Page SC-3 of 7
SECTION SC - SUPPLEMENTARY CONDITIONS (Continued)
W&A #94-093
WATER MAIN
(1)
(2)
Bodily Injury (including completed operations and products liability):
$500,000
$1,000,000
Property Damage:
$500,000
$1,000,000
or a combined single limit of
(3) Property Damage Liability Insurance will provide
Underground coverages where applicable.
Each Occurrence
Annual Aggregate
Each Occurrence
Annual Aggregate
$1,000,000
Explosion, Collapse and
(4) Personal Injury, with employment exclusion deleted
$500,000
5.3.7 Comprehensive Automobile Liability:
(1) Bodily Injury:
$500,000
$500,000
(2) Property Damage:
$250,000
or combined single limit of
5.3.8 "Umbrella" Excess Liability:
$2,000,000 combined limit, bodily injury and property damage.
5.4 CONTRACTUAL LIABILITY INSURANCE
The contractual liability required by paragraph 5.4 of the General
provide coverage for not less than the following amounts:
5.4.1 Bodily Injury:
$500,000
5.4.2 Property Damage:
$250,000
$250,000
5.6 PROPERTY INSURANCE
The OWNER will not obtain Property Insurance.
Annual Aggregate
Each Person
Each Occurrence
Each Occurrence
$750,000
Conditions shall
Each Occurrence
Each Occurrence
Annual Aggregate
The CONTRACTOR must provide
insurance covedng the losses described in paragraph 5.6 of the General Conditions for
all work in place and matedais on hand when such poffions of the work are to be
included in an application for payment.
Page SC-4 of 7
SECTION SC ~ SUPPLEMENTARY CONDITIONS (Continued)
W&A #94-093
WATER MAIN
6.9 SUBCONTRACTORS AND SUPPUERS
Add the following language to the end of paragraph 6.9 of the General Conditions:
"OWNER may fumish to any such Subcontractor, Supplier or other person or
organization, to the extent practicable, evidence of amounts paid to CONTRACTOR in
accordance with CONTRACTOR'S applications for payment."
6.11 SUBCONTRACTOR AGREEMENTS
Add the following language to the end of paragraph 6.11 of the General Conditions:
"CONTRACTOR shall include provisions for limitation of ENGINEER'S Liability in all
agreements with subcontractors as specified in paragraph 9.17."
6.13 INSPECTION FEES
16.13.1 Delete the following language from the third sentence of paragraph 6.13 of the
General Conditions:
"...and inspection fees..."
16.13.2 Add the following language to the end of paragraph 6.13 of the General
Conditions:
"OWNER shall assume full responsibility for normal working day inspection fees.
Overtime inspection costs before 8:00AM and after 5:00PM shall be paid to the City by
the CONTRACTOR. Overtime shall be requested in writing to the City Engineer and
authorized."
6.14.3 LAWS AND REGULATIONS
Not less than the prevailing wage rates established by the U.S. Department of Labor in
compliance with the Davis-Bacon Act must be paid on this project. A current wage rate
determination is included in these documents.
9.3 PERIODIC INSPECTION
Delete section 9.3.
The OWNER shall provide periodic inspection of the work by an authorized
representative dudng normal hours on working days. A working day is defined as a
week day beginning at 8:00AM and extending to 5:00PM excluding weekends and
holidays observed by the City. Overtime inspection extending beyond normal working
hours shall be requested by the CONTRACTOR in writing and may be authorized by
the City Engineer. Overtime inspection shall be paid by the CONTRACTOR to the City.
9.10 UNIT PRICE CONTRACT
It is the general intention of this contract to construct the proposed improvements as
shown in the plans. Lengths, sizes, and quantities shown in the plans are presumed to
be accurate as shown. The contract quantities as shown in the proposal or modified by
change order are presumed to be the actual quantities required to construct the Work
shown in the plans. CONTRACTOR shall satisfy himself that the quantities required by
Page SC-5 of 7
SECTION SC - SUPPLEMENTARY CONDITIONS (Continued)
W&A #94-093
WATER MAIN
the plans and contract quantities am the same and shall notify ENGINEER in writing
within 10 days of discovering an discrepancies in the quantities. The quantities shown
in the proposal and as modifie~ by change order will be the actual quantities paid by
the OWNER for the completion of the work.
11.9.3 UNIT PRICE ADJUSTMENT
Paragraph 11.9.3 of the General Conditions is hereby deleted in its entirety and the
following is substituted in its place:
"The unit pdce of an item of Unit Pdce Work shall be subject to reevaluation and
adjustment if the total cost of a particular item of Unit Pdce work amounts to 10% or
more of the Contract Pdce and the variation in the contract pdce differs by more than
20% from the initial contrad pdce established on the effective date of the Agreement.
CONTRACTOR or OWNER may make a claim for a change in the Contract pdce in
accordance with Affide 11 of the General Conditions if the parties are unable to agree
as to the amount of adjustment."
11.9.4 NO SEPARATE PAY ITEMS
Any and all Work spedtic, ally called for in the Contract Documents or which is required
for the proper construction of items called for in the Contract Documents is to be
performed by CONTRACTOR unless specifically indicated otherwise. The cost of all
work for which there is no separate pay item in the proposal shall be included in the
pdce for a related pay item such that work called for or required by the Contract
Documents will be constructed for the Contract Pdce.
13.5 TESTING ORGANIZATION
Delete paragraph 13.4 of the General Conditions and insert the following in its place:
"All testing required by the Plans and Sped~cations shall be paid for by the
CONTRACTOR and shall be subsidiary to pay items. The testing laboratory selected
by the CONTRACTOR must be approved by the City Engineer."
Delete paragraph 13.5 of the General Conditions and insert the following in its place:
"All inspections, tests or approvals shall be performed by organizations acceptable to
OWNER."
14.2 APPLICATION FOR PROGRESS PAYMENTS
Revise the first sentence of Paragraph 14.2 of the General Conditions to read as
follows:
"At least thirty (30) days before each progress payment .... "
14.6 ENGINEER'S RECOMMENDATION
Delete paragraph 14.6 of the General Conditions.
15 SUSPENSION OF WORK AND TERMINATION
Amend this section as follows:
Page SC-6 of 7
SECTION SC - SUPPLEMENTARY CONDITIONS (Continued)
W&A #94-093
WATER MAIN
TERMINATION FOR DEFAULT: The City of Coppell reserves the dght to enforce the
performance of this Contract in any manner prescribed by law or deemed to be in the
best interest of the City in the event of breach or default of this Contract. The City of
Coppell reserves the dght to terminate the Contract immediately in the event the
successful Bidder fails to:
1. Meet schedules;
2. Defaults in the payment of any fees; or
3. Otherwise perform in accordance with these Specifications.
Breach of Contract or default authorizes the City of Coppell to exercise any or all of the
following dghts:
1. The City may take possession of the assigned premises and any fees accrued
or becoming due to date;
2. The City may take possession of all goods, fixtures and materials of successful
BIDDER therein and may foreclose its lien against such personal property,
applying the proceeds toward fees due or thereinafter becoming due.
In the event the successful BIDDER shall fail to perform, keep or observe any of the
terms and conditions to be performed, kept or observed, the City shall give the
successful BIDDER written notice of such default; and in the event said default is not
remedied to the satisfaction and approval of the City within two (2) working days of
receipt of such notice by the successful BIDDER, default will be declared and all the
successful BIDDER'S dghts shall terminate.
BIDDER, in submitting this bid, agrees that the City of Coppell shall not be liable to
prosecution for damages in the event that the City declares the BIDDER in default.
Page SC-7 of 7
SECTION WR
WAGE RATE SCHEDULE
PREVAHJNG WAGE RATE DETER_MINATION
The City of Coppell is the contracting agency for this Government Funded construction project.
The following statute requires any contracting agency to specify the generally prevailing rate of
wages in contracts that are bid.
Vernon's Texas Civil Statutes - Article 5159a:
"Construction of Public Works in State and
Municipal or Political Subdivisions; Prevailing
Wage Rate to be maintained."
Pursuant to the requirements of this statute, the City of Coppell, has ascertained the following
rates of wages are paid to various classifications of workers in the locality of this project.
Not less than the following hourly rates shall be paid for the various classifications of work
required by this project. Workers in classifications where rates are not identified shall be paid
not less than the general prevailing rate of "laborer" for the various classifications of work
therein listed.
The hourly rate for legal holiday and overtime work shall be not less than one and one-half (1
& 1/2) times the base hourly rate.
The rates specified are journeyman rates. Apprentices may be used on the project and may be
compensated at a rate determined mutually by the worker and employer, commensurate with the
experience and skill of the worker but not at a rate not less than 60% of the journeyman' s wage
as shown. At no time shall a journeyman supervise more than one (1) apprentice. All
appre.ntices shall be under the direct supervision of a journeyman working as a crew.
Welders shall receive the rate prescribed for the craft performing the operation to which the
welding is incidental.
General Decision Number TX930045
Superseded General Decision No. TX910045
State: TEXAS
Construction Type:
Heavy
Highway
County(ies):
COLLIN GRAYSON ROCKWALL
DALLAS JOHNSON TARRANT
DENTON KAUFMAN WICHITA
ELLIS PARKER
HEAVY AND HIGHWAY CONSTRUCTION PROJECTS IN WICHITA COUNTY ONLY.
HIGHWAY CONSTRUCTION PROJECTS ONLY FOR REMAINING COUNTIES
Modification Number
0
Publication Date
02/19/1993
TX930045 - 1
COUNTY(ies):
COLLIN
DALLAS
DENTON
ELLIS
GRAYSON
JOHNSON
KAUFMAN
PARKER
SUTX2043A 11/18/1991
AIR TOOL OPERATOR
ASPHALT RAKER
ASPHALT SHOVELER
BATCHING PLANT WEIGHER
BATTERBOARD SETTER
CARPENTER
CARPENTER HELPER
CONCRETE FINISHER-PAVING
CONCRETE FINISHER HELPER PAVING
CONCRETE FINISHER-STRUCTURES
CONCRETE FINISHER HELPER
STRUCTURES
CONCRETE RUBBER
ELECTRICIAN
ELECTRICIAN HELPER
FLAGGER
FORM BUILDER-STRUCTURES
FORM BUILDER HELPER
STRUCTURES
FORM LINER-PAVING & CUrB
FORM SETTER-PAVING & CURB
FORM SETTER HELPER PAVING &
CURB
FORM SETTER-STRUCTURES
FROM SETTER HELPER
STRUCTURES
'*LABORER-COMMON
LABORER-UTILITY
MANHOLE BUILDER
MECHANIC
MECHANIC HELPER
OILER
SERVICER
PAINTER-STRUCTURES
PAINTER HELPER-STRUCTURES
PILEDRIVER
PILEDRIVER HELPER
PIPE LAYER
PIPE LAYER HELPER
BLASTER
BLASTER HELPER
ASPHALT DISTRIBUTOR OPERATOR
ASPHALT PAVING MACHINE
BROOM OR SWEEPER OPERATOR
TX930045 - 2
ROCKWALL
TARRANT
WICHITA
Rates
$7.554
8.565
8.255
9.371
8.920
9.447
7.695
9.345
8.146
9.058
7.494
7.733
12.761
8.436
5.598
8.717
7.550
8.913
8.686
7.787
8.427
7.356
6.402
7.461
11.000
10.658
8.345
8. 698
8. 104
10.913
8.000
7.500
7.000
8.509
7.037
11.333
7.250
8.404
9.053
7.908
Fringes
BULLDOZER, 150 HP & LESS
BULLDOZER, OVER 150 HP
CONCRETE PAVING CURING MACHINE
CONCRETE PAVING FINISHING MACHINE
CONCRETE PAVING FORM GRADER
CONCRETE PAVING JOINT MACHINE
CONCRETE PAVING JOINT SEALER
CONCRETE PAIVNG FLOAT
CONCRETE PAVING SAW
CONCRETE PAVING SPREADER
PAVING SUB-GRADER
SLIPFORM MACHINE OPERATOR
CRANE, CI.a~MSHELL, BACKHOE,
DERRICK, DRAGLINE, SHOVEL
LESS THA/q 11/2 C.Y.
CRA/qE, CLAMSHELL, BACKHOE,
DERRICK, DRAGLINE, SHOVEL
11/2 C.Y. & OVER
CRUSHER OR SCREENING PLANT
OPERATOR
FORM LOADER
FOUNDATION DRILL OPERATOR
CRAWLER MOUNTED
FOUNDATION DRILL OPERATOR
TRUCK MOUNTED
FOUNDATION DRILL OPERATOR
HELPER-TRUCK / CRAWLER
FRONT END LOADER 2 1/2
C.Y. & LESS
FRONT END LOADER OVER 2 1/2 C.Y.
HOIST - DOUBLE DRUM
MILLING MACHINE OPERATOR
MIXER (OVER 16 C.F.)
MIXER ( 16 C.F. & LESS )
MIXER - CONCRETE PAVING
MOTOR GRADER OPERATOR
FINE GRADE
MOTOR GRADE OPERATOR
PAVEMENT MARKING MACHINE
ROLLER, STEEL WHEEL PLANT-MIX
PAVEMENTS
ROLLER, STEEL WHEEL OTHER
FLATWHEEL OR TAMPING
ROI~LER, PNEUMATIC, SELF-PROPELLED
SCRAPER-17 C.Y. & LESS
'SCRAPER-OVER 17 C.Y. S I DE BOOM
TRACTOR-CRAWLER TYPE 150 HP
& LESS
TRACTOR-CRAWLER TYPE OVER
150 HP
TRACTOR-PNEUMATI C
TRAVELING MIXER
TRENCHING MACHINE-LIGHT
8.703
9.160
8.213
9.453
8.500
9.042
7.350
7.875
9.290
9.750
9.OOO
9.O0O
9.513
10.517
9.500
12.000
10.000
11.138
8.688
8.823
9.311
8. 917
6.650
9.000
7.913
9. 500
10.346
9.891
6.402
8.339
7.963
7.403
8.138
8-205
7.793
8.448
8.873
7.735
7.615
8.188
TX930045 - 3
TRENCHING MACHINE-HEAVY
POST HOLE DRILLER OPERATOR
WAGON-DRILL, BORING MACHINE
REINFORCING STEEL SETTER PAVING
REINFORCING STEEL SETTER
STRUCTURES
REINFORCING STEEL SETTER HELPER
STEEL WORKER-STRUCTURAL
SIGN ERECTOR
SIGN ERECTOR HELPER
SPREADER BOX OPERATOR
BARRICADE SERVICER
ZONE WORK
MOUNTED SIGN ISNTALLER
PERMANENT GROUND
TRUCK DRIVER-SINGLE AXLE
LIGHT
TRUCK DRIVER-SINGLE AXLE
HEAVY
TRUCK DRIVER-TANDEM AXLE
SEMI TRAILER
TRUCK DRIVER-LOWBOY/FLOAT
TRUCK DRIVER-TRANSIT MIX
TRUCK DRIVER-WINCH
VIBRATOR OPERATOR
WELDER
WELDER HELPER
12.498
9.000
9.000
9.218
11.548
8.665
12.860+3.440
11.436
6.402
6.988
6.402
6.402
7.465
8.067
7.816
9.653
7.507
8.200
7.000
10.459
9.000
Unlisted classifications needed for work not included within'the
scope of the classifications listed may be added after award only
as provided in the labor standards contract clauses (29 CFR
5.5(a) l(ii)).
END OF GENERAL DECISION
TX930045 - 4
SECTION AD
ADDENDA
ADDENDUM NO. 1
TO THE CONTRACT DOCUMENTS FOR
16" WATER MAIN IMPROVEMENTS IN DENTON TAP ROAD
FROM PARKWAY BOULEVARD TO S.H. 121 BYPASS
PROJECT NO. ST94-01-WA
COPPELL, TEXAS
ISSUED ON JANUARY 26, 1996
The following information shall constitute Addendum No. 1 to the Contract Documents as
identified above. This Addendure must be propedy acknowledged by the Bidder or Contractor
in the space provided in the proposal and must also be acknowledged on the outside of the
sealed envelope containing the bid. This Addendum is a part of the Contract Documents and
will be bound into the executed Contracts. The following information shall supersede any and
all conflicting wdtten or verbal information previously provided:
TABLE OF CONTENTS
Add to Division I - General Requirements: Item 1.23 16" Gate Valves and Item 1.24
Sterilization and Flushing Procedure Existing 12" Water Line.
NOTICE TO BIDDERS
The bid receipt date has been changed from January 30, 1996 to February 6, 1996 at 2:00
p.m.
SECTION I - INSTRUCTIONS TO BIDDERS
1. Section 16.5: Delete "sixty" days and replace with "ninety" days.
2. Add Section 16.6 as follows:
The City is currently exploring options with the City of Lewisville which may eliminate
the need to extend the 12" water line and casing along the west side of Denton Tap
Road at the S.H. 121 Bypass. Should the City be successful in deleting this portion of
the work, it shall not cause adjustment in the remaining work unit pdces. Also, should
deletion of the 12" pipe and casing occur, selection of the lowest responsive bid (not
withstanding award statements above) shall be based on the contract amount
excluding the deleted work.
PROPOSAL
Delete Sheets 3, 4, 5 and 9 of 12 and replace with revised sheets attached.
I of 3
WA #94-093
Addendum No. 1
January 26, 1996
GENERAL REQUIREMENTS
1. Add Item 1.23 as follows:
Item 1.23 16" Gate Valves: 16" Gate Valves shall consist of resilient seated
Metroseal 250 manufactured by U.S. Pipe and Foundry Company, or equal,
conforming to all applicable requirements of AWWA C509. The valves shall be
installed as per city standard detail for vertical valves with block, box, stem
extension (where required by depth) and concrete pad.
2. Add Item 1.24 as follows:
Item 1.24 Sterilization and Flushina Procedure Existina 12" Water Line: A
portion of the existing 12" water line located on the east side of Denton Tap
Road at the S.H. 121 Bypass shall be separated from the existing water system
and connected to the proposed water line. Pdor to connecting the water lines,
the existing water line shall be flushed, sterilized, and bacteda tested. The
flushing and sterilization procedures shall be as shown on the exhibit following
this item and the instructions below:
At Point "A' install 2" temporary flush valve at end of 12" line and
temporarily plug. Install 2" flush valve at end of proposed 12" line
and temporarily plug line.
At Point "B' alepressurize line and sever existing 12" water line.
Install temporary plugs on ends of both lines. Instaft 2" flush
valves at ends of lines.
At Point 'C' dose existing valve and leave valve in closed
position.
Flush and sterilize separated 12" water line using temporary hose
and flush valves at Point 'A' for water source. Release water at
Point "B' and fire hydrant at Point "C". Coordinate flushing
operation with City inspection staff.
After lines am flushed sterilize lines and provide bacteria tests to
confirm line is sterilized.
PLANS
Replace Sheet 2 dated January 3, 1996 with plan sheet attached where
alignment of pipeline has been altered at North end of alignment.
Sheet 4 Station 7+50 W-l: Delete 16" vertical valve with bypass and provide
16" resilient seated gate valve with box, lid, stem extension and concrete pad.
Sheet 5 Station 15+10 W-l: Delete 16" vertical valve with bypass and vault and
provide 16" resilient seated gate valve with box, lid, stem extensions, blocking
and concrete pad.
2 of 3
WA #94-093
Addendure No. 1
January 26, 1996
Sheet 6 Station 18+55 W-l: Delete 16" vertical valve with bypass and vault and
provide 16" resilient seated gate valve with box, lid, stem extensions, blocking
and concrete pad.
Sheet 7 Station 0+85.50 W-2: Install 1" flush valve for flushing, sterilization and
pressure testing.
Sheet 8 Station 28+50 W-l: Delete 16" vertical valve with bypass and Delete
16" vertical valve with bypass and vault and provide 16" resilient seated gate
valve with box, lid, stem extensions, blocking and concrete pad.
Sheets 9 and 10: Void existing sheets and replace with sheets attached.
END OF ADDENDUM NO. I
3 of 3
WA #94-093
SECTION P - PROPOSAL
ITEM QUAN. UNIT
NO.
DESCRIPTION & PRICE IN WORDS
UNIT
PRICE
W&A #94-093
WATER MAIN
TOTAL
PRICE
1. I LS
2. I LS
3. 67 LF
4. 455 LF
5. 558 LF
Relieve water pressure on existing line.
remove plug and blocking and connect
to existing 16" Water Line at Parkway
Boulevard complete for the sum of
DOLLARS
and CENTS
per Lump Sum
Relieve water pressure on existing line,
remove plug and blocking and connect
to existing 12" Water Line at S.H. 121
Bypass complete for the sum of
DOLLARS
and CENTS
per Lump Sum
6" PVC DR-14 Water Line including
trench, embedment and backfill
complete for the sum of
DOLLARS
and CENTS
per Linear Foot
12" PVC DR-14 Water Line in casing
Pipe, including spacers, complete in
place for the sum of
DOLLARS
and CENTS
per Linear Foot
12" D.I. Class 250 Polywrapped Water
Line including trench, embedment and
backfill complete for the sum of
DOLLARS
and CENTS
per Linear Foot
P-3 of 12
SECTION P - PROPOSAL
ITEM QUAN. UNIT
NO.
6. 3,117 LF
7. 6 EA
8. 7 EA
DESCRIPTION & PRICE IN WORDS
16" D.I. Class 250 Polywrapped Water
Line including trench, embedment and
backfill complete for the sum of
DOLLARS
and CENTS
per Linear Foot
6' Gate Valve, including box and lid, box
and stem extensions, concrete pad and
blocking per City Standard SD15
complete for the sum of
DOLLARS
and CENTS
per Each
12" Gate Valve, including box and lid,
box and stem extension, concrete pad,
and blocking per City Standard SD15
complete for the sum of
DOLLARS
and CENTS
per Each
UNIT
PRICE
W&A #94-093
WATER MAIN
TOTAL
PRICE
P-4 of 12
SECTION P - PROPOSAL
ITEM QUAN. UNIT
NO.
DESCRIPTION & PRICE IN WORDS
UNIT
PRICE
W&A #94-093
WATER MAIN
TOTAL
PRICE
9. 4 EA
10. 3 EA
11. I EA
12. 6.2 TON
16' Vertical Resilient Seated Gate
Valve, including foundation blocking,
box, lid. stem extension, and concrete
pad complete for the sum of
DOLLARS
and CENTS
per Each
Fire Hydrant Assembly, per City
Standard SD16 including hydrant
extensions and reflective marker, set to
grade complete for the sum of
DOLLARS
and CENTS
per Each
Remove & Reset existing Fire Hydrant
Assembly, per City Standard SD16
including hydrant extensions, paint, set
to grade at Water Line Station 11 +30,
complete for the sum of
DOLLARS
and CENTS
per Each
Cast Iron Fittings, complete in place
including polywrap, blocking, and
accessories complete for the sum of
DOLLARS
and CENTS
per Ton
.P-5 of 12
SECTION P - PROPOSAL
ITEM QUAN. UNIT
NO.
25. 0.30 AC
26. 0.60 AC
27. 3,209 LF
28. I EA
29. 3 EA
30. 455 LF
DESCRIPTION & PRICE IN WORDS
Hydromulch Seeding of area disturbed by
construction within city park at the bddge
embankments and other areas indicated on
the plans complete for the sum of
DOLLARS
and CENTS
per Acre
Broadcast Seeding of areas disturbed by
construction excluding Hydromulch seeded
areas complete for the sum of
and
per Acre
DOLLARS
CENTS
Provide Trench Excavation Safety
Protection in accordance with the Trench
Safety Plans and OSHA regulations
complete for the sum of
DOLLARS
CENTS
and
per Unear Foot
1' Flush Valve for flushing & sterilization,
complete in place for the sum of
DOLLARS
and CENTS
per Each
2' Flush Valve for flushing & sterilization,
complete in place for the sum of :
DOLLARS
CENTS
and
per Each
Minimum 21' Steel Casing Pipe (1/4") or
Class III Reinforced Concrete Pipe Casing
including trench and backfill, complete in
place for the sum of
DOLLARS
and CENTS
per Linear Foot
TOTAL BID
UNIT
PRICE
W&A #94-093
WATER MAIN
TOTAL
PRICE
P-9 of 12
PLANS FOR
ADDENDUM NO. 1
SHEETS 2, 9 & 10 ARE IN BACK OF BOOK
SECTION PA
PAYMENT AFFIDAVIT
PAYMENT AFFIDAVIT
STATE OF TEXAS
COUNTY OF DALLAS
and
Before me, the undersigned authority, a Notary Public in the state
county aforementioned, on this day personally appeared
! ,
(Name) (Tie)
of , known to me to be a credible
(Compeny Name)
person, who being by me duly sworn, upon his oath deposed and said:
That all persons, firms, associations, corporations or other
organizations furnishing labor and/or materials have been paid in full;
That the wage scale established by the City Council in the City of
Coppell has been paid; and
That there are no claims pending for personal injury and/or
property damages;
On Contract described as:
16" WATER MAIN IN DENTON TAP ROAD
BY
Subscribed and sworn before me on this
of ,19
day
Notary Public, State of Texas
DIVISION 1.
GENERAL REQUIREMENTS
DIVISION
GENERAL REQUIREMENTS
W&A #94-093
WATER MAIN
Item 1.1 ABBREVIATIONS
Whenever the abbreviations defined herein occur on the plans, in the specifications, contract,
bonds, advertisement, proposal or in any other document or instrument herein contemplated or
to which the specifications apply or may apply, the intent and meaning shall be as shown
AASHTO Amedcan Association of State Highway and
Officials
Ac. Acres
ANSI Amedcan National Standards Institute
ASA Amedcan Standards Association
Asph. Asphalt
ASTM Amedcan Society for Testing and Materials
AT&SF Atchison, Topeka & Santa Fe Railroad
Ave. Avenue
AWS Amedcan Welding Society
AWWA Amedcan Water Works Association
BIB Back-of-curb to Back-of-curb
Bldg. Building
Blvd. Boulevard
CH Chord of Curve
CI Cast Iron
CL Centedine
CMP Corrugated Metal Pipe
CO Cleanout
Conc. Concrete
Cond. Conduit
Const. Construct
Corr. Corrugated
CR Curb Return, Point of Tangency of Curb on an Arc
Ct. Court
Cu. Cubic
Culv. Culvert
CY Cubic Yard
Dia. Diameter
DPL or DP&L Dallas Power & Light Company
Dr. Ddveway or Ddve
Eiev. Elevation
Esmt. Easement
Exist. or Ex. Existing
F Fahrenheit
F/F Face-of-curb to Face-of-curb
FH Fire Hydrant
FL Flowline
Ft. or' Foot or Feet
Gal. Gallon
GTE General Telephone and Electdc Company
GV Gate Valve
Hdwl. Headwall
Transportation
GR-1 of 8
DIVISION 1. - GENERAL REQUIREMENTS
HP
Hr.
ID
In. or"
L
Lat.
Lb.
LF
Lin.
Ln.
LSG
Max.
MH
Min.
Mono.
NCTCOG
No.
OD
%
PC
PCC
PI
PRC
PSI
PT
PVC
PVT
R
RCCP
RCP
Reinf.
Rem.
Rep.
Ret,
R/W, R-of-W or
R.O.W.
Sani. or San.
Sec.
SD
SS
Sq.
St.
Sta.
Std.
SWBT or SWB
SY
T
Tr.
TU
TxDOT
UE
UT
VC
VCP
Horsepower
Hour
Inside Diameter
Inch or Inches
Length of Curve
Lateral
Pound
Linear Foot or Feet
Linear
Lane
Lone Star Gas Company
Maximum
Manhole
Minimum
Monolithic
North Central Texas Council of Governments
Number
Outside Diameter
Percent
Point of Curvature
Point of Compound Curvature
Plasticity Index or Point of Intersection
Point of Reverse Curvature
Pounds per Square Inch
Point of Tangency
Polyvinyl Chlodde or Point of Vertical Curvature
Point of Vertical Tangency
Radius
Reinforced Concrete Cylinder Pipe
Reinforced Concrete Pipe
Reinforced or Reinforcing
Remove
Replace
Retaining
Right-of-way
Sanitary
Second
Storm Drain
Sanitary Sewer
Square
Street or Storm
Station
Standard
Southwestem Bell Telephone Company
Square Yard
Tangent Length of Curve
Terrace
Texas Utilities Electdc Company
Texas Department of Transportation
Underground Electdc Cable
Underground Telephone Cable
Vertical Curve
Vitrified Clay Pipe
W&A #94-093
WATER MAIN
G R-2 of 8
DIVISION 1. - GENERAL REQUIREMENTS
W&A #94-093
WATER MAIN
Vert. Vertical
Vol. Volume
VPI Vertical Point of Intersection
W Water Line
WUT Western Union Telegraph Company
Yd. Yard
eem 1.2 & 3 SUMMARY AND SCHEDULE OF WORK
Construction shall conform to the City of Coppell Ordinances including but not limited to the
latest Subdivision Ordinance and Noise Ordinance. Construction details shall conform with the
latest edition of the City of Coppell Standard Construction Details.
The latest edition of the Standard Specifications for Public Works Construction (Blue Book) as
prepared by the North Central Texas Council of Governments shall govern except as amended
by the City of Coppell Ordinances, City Standards, and the project Contract Documents.
The work required to be completed in this contract will include:
2.
3.
4.
5.
6.
7.
Install traffic control and waming devices.
Install storm water pollution control facilities and maintain until grass is restored.
Install aedal crossing on existing bddge structure and chain link barrier fence.
Install 12' and 16' water lines and appurtenances.
Disinfect and test water line.
Paint aedal crossing.
Prepare areas for seeding and revegetate disturbed areas.
BID ITEM CLARIFICATION: Certain bid items are discussed in more detail below:
Bid Items Nos. 1 and 2 - CONNECTIONS TO EXISTING WATERLINES: This.
pay item shall include all work required to make connection to the existing water
systems. The Contractor shall coordinate with Mr. Howard Pafford of the City of
Coppell regarding water system operating procedures and methods used to
relive water pressure on the existing line. Prior to removing blocking on
existing plugs at ends of line, the CONTRACTOR shall confirm ends of pipes
and valves near ends of pipe are secured to prevent lines from blowing apart at
pipe joints near the end of the line.
Bid Item Nos. 2, 3 and 4 - WATER PIPE:. This item shall include all work,
excavation, trench construction, embedments, backfill, and compaction of
backfill to install the water line complete in place.
Bid Item No. 17 - CRUSHED STONE BALLAST: This item includes over-
excavating unstable trench bottom, providing ballast stone, and placement of
ballast stone up to the normal bedding. The CONTRACTOR shall confirm with
the City inspector to confirm the need for ballast and to confirm quantity at the
time of placement.
Bid Item No. 18 - 6' HIGH CHAIN LINK BARRIER FENCE: This item shall
include all materials, labor equipment and work to accomplish installation of the
barder chain link fence along the existing bddge guard rail and the end cross
barriers over the proposed water line in accordance with the construction plans
and details.
GR-3 of 8
DIVISION 1. - GENERAL REQUIREMENTS
W&A #94-093
WATER MAIN
Bid Item No. 19 - ELEVATED 12' WATER LINE: This item shall include all
materials, labor. equipment and work to accomplish installation of the water line
structural support and the installation of the exposed 12' watedine pipe in place
on the support system in accordance with the construction plans and
specifications. The design as prepared does not include installation of any pipe
couplings on the crossing. A pipe coupling may be utilized if desired by the
CONTRACTOR for ease of installation but no additional payment will be made.
above the lump sum pdce paid for this item. The coupling (if used) location
must be approved by the ENGINEER pdor to installation and must be properly
restrained by retainer guards, rods or other means of support if located where
forces are exerted on the pipe due to bends.
Item 1.4 MEASUREMENT AND PAYMENT
All items of construction will be paid for in accordance with the units of measurement shown in
the proposal and the conditions as follows:
Pipe lines shall be measured along the center of the pipe viewed in the horizontal
plan.
Item 1.5 SUBMITTALS
Within f'~een days after the CONTRACTOR receives a notice of award the CONTRACTOR will
submit the following schedules in accordance with paragraph 2.6 of the General Conditions:
An estimated progress schedule showing the estimated starting and completion
times, in days, from notice to proceed for the major components of the work.
If the CONTRACTOR anticipates requesting partial payment for any incomplete
lump sum items. submit a schedule showing the values of the vadous stages of
construction for that item. The unit pdces in the proposal will serve as the
schedule of values used to determine partial payments. Payment for materials on
hand will not be made unless the CONTRACTOR provides Lien Waivers from the
supplier and insurance for the stored materials.
3. Traffic control and sequence of construction plan details.
4. Shop Drawings.
C.
D.
E.
Structural Elements of Briclge Crossing ancl Primer Paint.
Gate Valves, Fire Hydrants.
Painting & Primer for Exposed Pipe.
Chain Link Fence
Exposed D.I. Pipe and Pdmer Paint
Item 1.6 TESTING
All testing required shall be provided by the CONTRACTOR. Paving subgrade testing, trench
backfill testing, concrete strength testing, cleaning, sterilizing, hydrostatic testing, and air
testing of water lines re uired by the City of Coppell Standards, shall be performed by and
paid for by the CONTRACTOR. The cost for testing paid by the Contractor should be included
in the unit pdca of the items being tested.
Trenches shall be tested at a maximum interval of 200 linear feet per layer of backfill.
GR-4 of 8
DIVISION 1. - GENERAL REQUIREMENTS
W&A #94-093
WATER MAIN
Item 1.7 UTILITIES
The OWNER will fumish water for use on this project from the City water system. Contact
Mr. Howard Pafford to coordinate seffing water meter. The CONTRACTOR will be required to
use a City water meter and provide a deposit for the meter. The OWNER will not furnish
electric power or any other utility required for performance of the work. CONTRACTOR shall
fumish these items and the cost thereof included in the related unit pdces for the work.
Item 1.8 SECURITY
The CONTRACTOR will be responsible for the secudty of his work and survey staking for his
work from the time he is given notice to proceed until the OWNER'S final payment and
acceptance of the work. Secudty measures taken by the CONTRACTOR shall not prevent
access to the traveling public.
Item 1.9 DUST CONTROL
It shall be the CONTRACTOR'S continuous responsibility at all times, including nights,
holidays. weekends, etc., to maintain the work area relatively free of dust in a manner which
will not cause inconvenience to the public. Dust control will be achieved by the application of
water by sprinkling in amounts suffident to control dust.
Item 1.10 STORM WATER MANAGEMENT AND EROSION CONTROL
It shall be the CONTRACTOR'S responsibility to maintain adequate temporary surface
drainage during construction so as to prevent flooding and nuisance ponding. Where surface
draina e channels are disturbed or blocked dudng construction, they shall be restored to their
odginia~ conditions of grade and cross section after the work of construction is completed. The
CONTRACTOR shall take all precautions required to prevent soil erosion dudng the
construction. If excessive erosion occurs the CONTRACTOR shall take immediate measures
to prevent further erosion and correct the damages. The CONTRACTOR shall install and
maintain the Erosion Control Facilities shown on the plans. The CONTRACTOR shall comply
with the final NPDES General Permits Regulations for Storm Water discharges from
construction sites as a general guide line for his work operations. Permit notifications to EPA
(NOI and NOT Forms) are not required.
concerning "waters of the United States." The CONTRACTOR shall avoid releasing excavated
or dredged materials, constructing coffer dams or performing the work in a manner which shall
violate the applicable CFR regarding 404 Permits such that an additional or separate 404
Permit is required on this project. The cost for any special improvements or damages
assessed by the Corps of Engineers due to the negligent acts of the CONTRACTOR may be
deducted from payments due to the CONTRACTOR by the OWNER.
Item 1.11 INGRESS AND EGRESS
The CONTRACTOR shall do his utmost to provide ingress and egress to all existing streets
and private driveways at all times. Ingress and egress shall be provided, without fail, to
adjacent properties when construction is not in progress.
Item 1.12 TRAFFIC CONTROL
The CONTRACTOR shall prepare and submit a traffic control plan to the Ci~T~ngineer for
review and approval a minimum 14 days pdor to installation. The CONTRA OR shall be
responsible for providing traffic control dudng the construction of this project consistent with
GR-5 of 8
DIVISION 1. - GENERAL REQUIREMENTS
W&A fP34-093
WATER MAIN
the provisions set forth in the latest publication of the "Texas Manual on Uniform Traffic Control
Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform
1
Act Regulating Traffic on Highways," codified as Article 670 d, Vemon's Civil Statutes,
pertinent sections being Section Nos. 27, 29, 30 and 31.
The CONTRACTOR will not remove any regulatory sign, instructional sign, street name sign or
other si~.n which has been erected by the City. If it is determined that a sign must be .removed
to permit required construction the CONTRACTOR shall contact the City of Coppell to remove
the sign. In the case of regulatory signs the CONTRACTOR must replace the permanent sign
with a temporary sign meeting the requirements of the above-referenced manual and such
temporary sign must be installed pdor to the removal of the permanent sign. If the temporary
sign is not installed correctly or if it does not meet the required specifications, the permanent
sign shall be left in place until the temporary sign requirements are met. When construction
work is completed to the extent that the permanent sign can be reinstailed the CONTRACTOR
shall again contact the City of Coppell to reinstall the permanent sign and shall leave his
temporary sign in place until such reinstallation is completed.
Payment for work and all associated appurtenances required for traffic control shall be
considered as incidental to the cost of the project.
Item 1.13 TRENCH AND SUBSURFACE CONSTRUCTION
The CONTRACTOR'S attention is directed to Federal Laws contained in the Occupational
dimmed to ~mply ~th ~ese and all o~er appli~ble federal, state and
lal laws. It is ~e CONT~CTOR'S responsibili~ to ins~ his woffimen in the proper safe~
stndaffis and monitor his a~vi~es to insure ~mplian~.
The CONTRACTOR shall provide a trench safety plan which specifically addresses and
identifies the trenches to be made on this project and rovides the trenching details to provide
a safe work place in accordance with state law and O~P~A regulations. The trench safety plan
shall bear the seal and signature of a registered professional engineer licensed in the state of
this project with experience in preparation of trench safety systems. The plan shall include all
trenching operations in accordance with this plan. The
CONTRACTOR shall be responsible for daily inspection and report documentation of trench
conditions and shall provide copies of reports to the ENGINEER on a weekly basis. All costs
for implementation of the trench safety plan should be included in the bid item for trench
safety.
Item 1,14 INSPECTION
The CONTRACTOR shall notify the ENGINEER pdor to beginning construction ancl shall keep
him or his inspector informed as to the schedule for performance of the work.
Item 1.15 TREES AND SHRUBS
The CONTRACTOR shall not remove any trees or shrubs unless such removal is called for in
the plans or written authorization is received from the OWNER. Trees shall not be pruned
without permission from the OWNER. Any trees or other landscape features to be saved
which become scarred or damaged by the CONTRACTOR'S operations shall be restored or
replaced at the CONTRACTOR' expense. Tdmming or pruning to facilitate the work will be
permitted only by experienced workmen in an approved manner. Pruned limbs of one-inch (1 ")
diameter or larger shall be thoroughly treated as soon as possible with a tree wound dressing.
GR-6 of 8
DIVISION 1. - GENERAL REQUIREMENTS
W&A W~34-093
WATER MAIN
Item 1.16 CLEANUP
During construction the CONTRACTOR shall at all times keep the job site free from waste,
debris and rubbish and shall maintain a daily routine of cleanup. All trees, stumps, slashings,
brush or other debds to be removed from the site shall be disposed of in such a manner
oved by the ENGINEER. Onsite buming of trees and/or trash, etc., will not be permitted.
pon completion of the work as a whole and prior to final acceptance the CONTRACTOR shall
clean and remove from the site all surplus and discarded materials, temporary structures and
adl debris. He shall leave the site in a neat and ordedy condition.
Item 1.17 REFERENCE SPECIFICATIONS
Materials and method of construction for all items to be constructed under this contract shall be
in conformance with Division 2 through Division 8 of the Standard Specifications for Public
Works Construction, North Central Texas, published by the NCTCOG. These standard
specifications are included in the Contract Documents by reference. Copies of these
spedfications are not supplied to the Contractor. The Contractor can obtain copies of these
specifications from the North Central Texas Council of Governments, P.O. Box Drawer COG
Arlington, Texas 76005-5888, (817) 640-3300.
Item 1.18 EXCESS EXCAVATION MATERIALS
All debris and waste materials, including trees, limbs, roots, concrete, rocks, asphalt, base and
organic material shall be removed from the site and disposed of in a lawful manner. Clean
earth matedal excess from trench construction shall be wasted on the East Andrew Brown
Junior Community Park. The waste site is indicated on the construction plans. Trench spoil
shall be spread out over the waste area to a maximum depth of 12". Waste of matedal from
other sources in this location is an ongoing operation. Compaction and revegetation of the
spread trench spoil will not be required.
Item 1.19 TRENCH COMPACTION
Trenches beneath existing or proposed future pavement or within five horizontal feet of future
roadway pavement shall be compacted to a minimum 95% of Standard Proctor Density within
3% of Optimum Moisture Content. The construction plans indicate the limits of future
pavement. The remainder of trenches shall be compacted to a minimum of 90% of Standard
Proctor Density within 3% of Optimum Moisture Content. Trench backfill above the
embedment shall be performed by mechanical means in maximum 12' loose layers.
Item 1.20 TRENCH SPOIL
Rocks, debris and unsuitable materials wasted from trench construction shall be removed from
the site by the CONTRACTOR in a suitable manner. Excess earth material shall be wasted in
tihe area indicated on Sheet 2 of the plans in the dty park south of Denton Creek and east of
T N shall coordinate with the City Engineer regarding
Denton Tap Road. he CO TRACTOR
wasting matedal in this location. The CONTRACTOR shall spread the matedal at a maximum
depth of 12' and shall maintain surface drainage. The finish grading shall be neat in
appearance.
Item 1.21 SUBSIDIARY WORK
Any and all work spedfically govemed by documentary requirements for the project, such as
conditions imposed by the Plans, the General Contract Documents or these Spedal
Documents, in which no spedtic item for bid has been provided for in the Proposal, shall be
considered as a subsidiary item of work, the cost of which shall be included in the pdce bid in
the Proposal, for each bid item. Project signs, testing, overtime inspection, blocking,
GR-7 of 8
I~il
DIVISION 1. - GENERAL REQUIREMENTS W&A #94-093
WATER MAIN
disinfection, pressure testing lines, removal and replacement of existing fences, and removal
of trees are general items of work which fall in the cetegory of subsidiary work.
Item 1.21 WORKING DAY
A working day shall begin at 8:00AM and end at 5:00PM on weekdays, excluding weekends
and holidays as per City of Coppell ordinances. The CONTRACTOR shall pay the City for
inspections outside of normal working day time pedods.
GR-8~8
DIVISION 2
TECHNICAL SPECIFICATIONS
T~II1 [' I
DMSION 2 - TECHNICAL SPECIFICATIONS
W&A t94-093
Item 2.1 SEEDING
After the designated areas have been completed to the lines, grades, and cross sections.
shown on the plans, and after topsoil has been placed, the seed or seed mixture shall be
uniformly distributed by the method listed below:
Hvdromulch-seedino shall conform to the apolication:
Fertilizer. 400 Ibs/acre (16-10-10)
Mulch: 3.300 Ibs/acre
Seed: 87 Ibs/acre (minimum)
2. Broadcast Seed bv Sowina:
If the sowing of seed is by hand, rather than by mechanicel methods, the seed shall be
sown in two different directions at dght angles to each other. Seed and fertilizer may
be distributed at the sam time provided the spedfled uniform rate of application for
both is obtained. After planting, the seed shall be raked or harrowed into the soil to a
depth of approximately 1/8-inch. Application rates shall conform to the following:
Fertilizer. 400 Ibs/acre (16-10-10)
Seed: 130 Ibs/acre
The Contractor shall be responsible for watedng the seeded areas daily for a pedod of two
weeks after seeding unless weather conditions make wetedng unnecessary or detrimental.
The contractor shall be required to establish a healthy mature stand of grass. To accomplish
this end he may increase seed rate or fertilizer rate and may alter fertilizer content.
Planting of hulled Bermuda grass seed shall be done between the months of Apdl and
September and shall be conducted under favorable weather conditions.
Altemate seed shall be selected if seeding operations must occur between November and
Apdl. Germination shall not be less than 90% and pudty 98%. All seed used must carry a
Texas Testing Seed label showing purity and germination, name and type of seed and that the
seed meets all requirements of the Texas Seed Law. Seed furnished shall be of the previous
season's crop and the date of analysis shown on each tag shall be within nine (9) months of
the time of delivery to the project.
Item 2.2 CHAIN LINK FENCE
1. SCOPE:
This spedfication covers chain link fence materials, including chain link fabdc, framework, and
fittings.
Fenca shall be six foot (6') high using six foot (6') high chain link fabdc.
2. FABRIC:
Chain link fabdc shall be aluminum coated conforming to ASTM-A491 or galvanized
conforming to the requirements of ASTM Designation A392, Class 2 coating. Fabdc
shall be woven from 9-gauge (coated size) wire in 2-inch mesh. Fabric 60 inches high
TS-1 of 9
DIVISION 2. - TECHNICAL SPECIFICATIONS
W&A #94-093
WATER MAIN
e
e
and under shall be knuckled at both selvages. Fabdc 72 inches high and over shall be
knuckled at one salvage and twisted and barbed at the other salvage. Both salvages of
meshes less than two inches shall be knuckled.
FRAMEWORK: -
Posts and rails shall be roll formed, open seam, self-draining shapes, hot-dip
galvanized in conformance to the requirements of ASTM Designation A123 or
galvanized standard weight pipe conforming to the requirements of ASTM Designation
A120.
LINE POSTS:
Une posts will be C-Section roll formed from steel conforming to ASTIVI-A570, Grade
45, 1.875" x 1.625" with minimum bending strength of 247 pounds under a 6-foot
cantilever load, or 2-3/8" o.d. Schedule 40 galvanized pipe with minimum bending
strength of 201 pounds.
TOP AND BRACE RAIL:
Top and brace rails will be roll formed section of 1-5/8" x 1-114" channel shaped rail with
minimum vertical bending strength of 237 pounds on a q0-foot span, or 1.66" o.d.
Schedule 40 galvanized pipe with minimum veffical bending strength of 202 pounds on
a Hotfoot span. Top rail couplings 6-inch minimum in length will be spaced at
maximum 21-foot centers. Fabdc tie wire will be spaced at 24-inch maximum centers.
TERMINAL POSTS:
All end, comer, and pull posts will be roll formed section 3.5"x3.5" with minimum
bending strength of 486 pounds under a 6-foot cantilever load or 2-7/8" o.d. galvanized
Schedule 40 pipe with minimum bending strength of 381 pounds under a 6-foot
cantjlever load. Attachment of chain link fabdc to roll formed terminals shall be made
by weaving directly into integral lock loops formed in the post. Attachment of chain link
fabric to tubular terminal posts shall be made with minimum 1/4" x 3/4" tension bar and
12 gauge x 1" wide damps using minimum 3/8" diameter cardage bolts.
FI'I'I'INGS:
All fittings will be pressed steel or malleable iron and will be hot-dip galvanized
conforming to ASTM-A153, Tie wires will be minimum Gauge aluminum or Regauge
galvanized steel.
POLE SETTINGS AND INSTALLATION:
Une and terminal posts shall be mounted the top of the existing concrete bddge as
shown on the plans. These posts shall be welded to steel anchor plates connected to
'the bddge. Sparing of the line posts shall match existing guard rail post sparing and
shall be approximately 8'-1'.
TS-2 of 9
DIVISION 2. - TECHNICAL SPECIFICATIONS
W&A ~t94-093
WATER MAIN
9. GENERAL:
All dimensions and gauges of matedal ara subject to accepted industry tolerance
standards. Job-site shall be cleared of debds.
Upon request of the Owner or authorized representative, samples of each component
shall be submitted for approval pdor to fabrication and shipment of fenring for this
project. Mill certificates shall confirm compliance with these spedfications and
fabrication from domestic produced steel.
Any matedal found not to be in compliance with the herain described spedfications
shall be removed and replaced at Contractors expense.
Item 2.3 STRUCTURAL STEEL
PART 1 GENERAL
1.01 RELATED DOCUMENTS
Ae
The latest revision of the Standard Sped~cations for Public Works Construction, North
Central Texas Coundl of Governments (NCTCOG), First Edition 1983, and all currently
adopted amendments to the First Edition as published by the North Central Coundl of
Governments and adopted by the City of Coppall.
1.02 DESCRIPTION OF WORK
Work Included: Structural steel work is shown on drawings, including notes and details,
for stool embed plates, steel handrails, and embed shapes.
Related Work of Other Sections: Coordinate work of this Section with work of other
sections as required to propedy execute the work as necessary to maintain satisfactory
progress of the work of other sections, including:
Concrete Section - Standard Sped~cations for Public Works Construction,
North Central Texas (NCTCOG).
1.03 APPLICABLE PUBLICATIONS
The publications listed below form a pad of this sped~cation to the extent
raferanced. The publications ara referred to in the text by the basic designation
only.
1. Federal Sped~cations (Fed. Spec.):
2. Amedcan Institute of Steel Construction (AISC) Publications:
Code of Standard Practice for Buildings and Bddges (Sept. 1, 1976, with
Commentary).Sped~cation for the Design, Fabrication, and Erection of.
Structural Steel for Buildings (Nov. 1, 1978, with Commentary).
TS-3 of 9
DIVISION 2. - TECHNICAL SPECIFICATIONS
W&A ~94-093
WATER MAIN
1.05
3. Amedcan Society for Testing and Materials (ASTM) Publications:
A 6/A 6M-85
General Requirements for Rolled Steel Plates,
Shapes, Sheet Piling, and Bars for Structural
Use.
A 36/A 36M-84a Structural Steel.
A 53-86
Pipe, Steel Black and Hot-Dipped, Zinc-Coated
Welded and Seamless.
A 500 - Grade B Cold Formed Steel Tubing.
4. Amedcan Welding Society (AWS) Publication:
D1.1-86
Structural Welding Code - Steel,
QUALIFICATIONS FOR WELDING WORK
A. Qualify welding processes and welding operators in accordance with AWS
"Standard Qualification Procedure."
Provide certification that welders to be employed in work have satisfactorily
passed AWS qualification tests. If racertification of welders is required. retesting
will be Contractors responsibility.
SUBMITTALS
Ae
Product Data: Submit producar's or manufacturers sped~cations and
installation instructions for following products. Include laboratory test reports and
other data to show compliance with spedfications (including spedfled
standards).
1. Sb'uctural steel (each type), including certified copies of mill reports
covedng chemical and physical propeffies.
2. Structural steel pdmer paint.
Be
Shop Drawings: Submit shop drawings, including complete details and
schedules for fabrication and assembly of structural steel members, procedures
and diagrams. Include details of cuts, connections, camber, holes, and other
pertinent data. Indicate welds by standard AWS symbols, and show size, length,
and type of each weld.
Provide setting drawings, ternplates, and directions for installation of
anchor bolts and other anchorages to be installed by others.
TS-4 of 9
DIVISION 2. - TECHNICAL SPECIFICATIONS
W&A #94-093
WATER MAIN
2.02 FABRICATION
A. Shop Fabrication and Assembly:
Fabricate and assemble structural assemblies in shop to greatest extent
possible. Fabricate items of structural steel in accordance with AISC
Specifications and as indicated on final shop drawings. Provide camber
in structural members where indicated.
Properly mark and match-mark materials for field assembly. Fabricate for
delivery sequence which will expedite erection and minimize field
handling of mat. dais.
Be
Welded Construction: Comply with AWS Code for procedures,
appearance and quality of welds, and methods used in correcting
welding work.
C. Shop Painting:
Apply one coat of pdmer TNEMEC 10-1009 Sedes 69 Hi-
Build Epoxoline 11 gray at a rate of 3+ mils dry film
thickness.
e
Paint embedded steel which is partially exposed on
exposed portions and initial 2" of embedded areas only.
e
Apply two coats of paint to surfaces which are
inaccessible after assembly or erection. Change color of
second coat to distinguish it from first.
PART 3 EXECUTION
3.01 ERECTION
Surveys: Check elevations of concrete surfaces and locations of anchor bolts
and similar devices before erection work proceeds and report discrepancies to
Engineer. Do not proceed with erection until corrections have been made, or
until compensating adjustments to structural steel work have been agreed upon
with Engineer.
B. Anchor Bolts and Embed Plates:
1. Fumish anchor belts and other connectors required for secudng
structural steel to foundations and other in-place work.
e
Embed Plates: Anchor plates for elevated structural steel members, and
fence posts shall be provided. Anchor plates shall be provided with full
beadng, having been plumbed and propedy position.d, but pdor to
casting concrete.
Field Assembly: Align and adjust vadous members forming a part of a complete
frame or structure' before permanenUy fastening. Clean beadng surfaces and
TS-5 of 9
DIVISION 2. - TECHNICAL SPECIFICATIONS
W&A ~14-093
WATER MAIN
other surfaces which will be in permanent contact before assembly. Perform
necessary adjustments to compensate for discrepancies in elevations and
alignment.
Gas Cutting: Do not use gas cutting torches in field for correcting fabrication
errors unless permitted by Engineer. Finish gas-cut sections equal to a sheared
appearance when permitted.
3.02 PAINT FOR RAIL AND GATE
Touch-Up Painting: Immediately after erection, clean field welds, bolted
connections, and abraded areas of shop paint. Apply TNEMEC Sedes 50-330 or
equal.
B. Second and Third Field Coats: See Division 2.4 Painting
2-H Hi-Build TNEMEC-gloss alkyd enamel, anodized brown color or color
to be selected by Owner.
e
Handrail and guardrail shall be final painted after construction of all other
items of work are substantially complete to reduce the potential for
damage dudng construction operations. Any areas damaged shall be
touch-up painted as directed by Engineer.
Item 2.4 PAINTING
PART I - GENERAL
1.01 WORK INCLUDED
The work includes, but is not necessarily limited to, furnishing of materials and
equipment and completion of painting and painters finish on exposed surfaces
as required, including:
Exterior Exposed Ductile Iron Pipe
Extedor Exposed Steel Supports and Structural Steel Members
Thoroughly examine specifications, site of work and conditions under which
work will be performed before submiffing ~ proposal. Surfaces which cannot be
prepared or painted as spedfled shall be immediately brought to the attention of
the Owners representative in writing.
1.02 PRODUCT DELIVERY STORAGE AND HANDLING
A. Deliver materials in sealed containers with manufacturers labels intact.
B. Store materials in protected area at temperatures between 50°F and 110°F.
TS-6 of 9
TECHNICAL SPECIFICATIONS
W&A ~J4-093
WATER MAIN
1.03 JOB CONDITIONS
A. Apply coatings only under the following prevailing conditions.
'1. Air and surface temperatures are not below 40°F or above 120°F.,
unless noted othenNise on the product data sheets and labels.
e
Relative humidity is not above 85 percent and the surface temperature is
at least 5°F above dew point.
B. Protect all surfaces not to be coated.
1.04 PROJECT CONDITIONS
Environmental Requirements: Comply with current Air Quality regulations as to
conditions under which coatings and coating systems con be stored and applied.
Complete containment of all paint removed that contains lead Is mandatory.
PART 2- PRODUCTS
2.01 ACCEPTABLE MANUFACTURERS
A. Tnemec Company. Inc., Kansas City, MO. (816) 483-3400 or equal
Equivalent materials of other manufacturers may be substituted only by
approval of Architect. Requests for substitution shall include manufacturers
literature for each product giving the name, genedc type, descriptive
information, solids by volume, recommended dry film thickness and a list of five
projects where each product has been used and rendered satisfactory service.
kilo request for substitution shall be considered that would decrease film
thickness or offer a change in genedc type of coating specified. Certified test
results showing that the substitute product(s) equal or exceed the performance
of the specified products shall be submitted.
2.02 APPROVED MATERIALS
Polyamidoamine Epoxy-
Series 69 Hi-Build Epoxoline 11
Acrylic Polyurethane Enamel -
Series 75 Endura-Shield
2.03 COLORS
Submit color samples to ENGINEER for selection of color.
2.04 MATERIAL PREPARATION
A. Mix and thin materials according to manufacturers printed instructions.
B. Do not mix materials beyond manufacturers pot life.
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DIVISION 2. -- TECHNICAL SPECIFICATIONS
W&A #94-093
WATER MAIN
PART 3 EXECUTION
3.01 PREWORK INSPECTION
Ae
Examine.surfaces to be coated and report any conditions that would adversely
affect appearance or performance of the coating systems and which cannot be
put into acceptable condition by the preparatory work specified! in Paregraph
3.02.
Do not proceed with surface preparation and application until the surface
acceptable or authorization to proceed is given by the Owners representative.
3.02 SURFACE PREPARATION
A. GENERAL:
Remove all surface contamination. Surface must be clean and dry.
B. EXTERIOR CAST IRON PIPE & STRUCTURAL SHOP PREPARATION
SSPC-SP7 Brush-Off Blast Cleaning in accordance with Steel Structures
Painting Council Standards. The removal of all loose annealing oxides, loose
rust, dirt and other foreign matter. Any dust or other contaminants remaining
after blasting shall be removed with dry, oil free compressed air or by vacuum
cleaning. Minimum 1.5 mil profile is required. Shop paint 3 rail Tnemec Sedes
69 Hi-Build Expoxoline 11 or approved equal.
C. ' EXTERIOR STEEL PIPE SUPPORTS
SSPC-SP6 Commercial Blast Cleaning in accordance with Steel Structures
Painting Council Standards.
3.03 APPLICATION
Apply materials at specified film thicknesses by method recommended by
manufacturer.
Allow each coat to dry thoroughly before recoating. Follow manufacturers
recommended recoat time.
C. Cut edges clean and sharp where work joins other materials or colors.
Make finish coats smooth, uniform in color, and Free of brush marks, laps, runs,
dry overspray and skipped or missed areas.
3.04 INSPECTION
A. Request acceptance of each coat before applying succeeding' coats.
B. Touch-up and repair all work that is not acceptable to the Owners
representative and request final acceptance.
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DIVISION
2. - TECHNICAL SPECIFICATIONS
W&A #94-093
WATER MAIN
3.05
C. Touch-up paint Tnemec Sedes 50-330 Poly-ura-pdme for steel.
66 dear for galvanized steel welds.
CLEANING
A.
B.
C. Remove debds from job site and leave storage areas dean.
PAINTING SCHEDULE
Prepare coatings and finish all surfaces spedfled and agreed upon.
A.
Tnemec Sedes
Remove paint spatters from glass, plumbing fixtures, and adjoining surfaces.
Repair any damage to coatings or surfaces caused by cleaning operations.
EXTERIOR CAST IRON PIPE;
1st Coat: Tnemec Sedes 69 Hi-Build Epoxoline 11 6.0 dry mils
2nd Coat: Tnemec Series 75 Endura-Shield 5.0 dry mils
EXTERIOR STEEL SUPPORTS AND STRUCTURAL STEEL MEMBERS
1st Coat: Tnemec Sedes 69 Hi-Build Epoxoline 11 6.0 dry mils
2nd Coat: Inemec Sedes 75 Endura-Shield 5.0 dry mils
TS-9 of 9
DIVISION PS
PROJECT SIGN
CITY OF COPPELL
PROJECT SIGN
2%t4 1/2'
NOTES:
1) LETTERING SHOULD BE BOLD TYPE
2) SiGN PANEL WILL BE 3/4" EXTERIOR PLYWOOD
PAINTED AS SHOWN ON DETAIL
3) FRAME WILL BE 2"X4" STOCK- REINFORCED BEHIND
SIGN PANEL AT APPROX. 2' CENTERS
.4-) ALL PAINT TO BE "OUTDOOR TYPE"
5) COPPELL LOGO TO BE PROVIDED BY THE CITY
EXAMPLE:
DENTON TAP ROAD WATER LINE (WA 94.,01)
CONTRACTOR: CONTRACTOR'S NAME
(817) PHONE NUMBER
COMPLETION DATE:SPRING 1996
DIVISION $B
GEOTECHNICAL REPORT
AND
SOIL BORINGS
Geotechnical' Study
DENTON TAP ROAD
COPPELL, TEXAS
Presented to
,City of Coppell
May 1995
Preparedby the
Fort Worth, .Texas ,offce .of
ENGINEERING AND ENVIRONMENTAL SERVICES
Offices Nationwide
5701 East Loop 820 South
Fort Worth, Texas 76119
817/478-8254 Metro 572-3411
EIIKON
(~) ,5701 EClst LOop 820 South * FortWorth, Tex~s76119-7051 · (817~478-8254 · Metro(~17) 572-3411 · I:ax(817)478-8874
May 18, 1995
Report No. 62958-001-001
Mr. Kenneth M. Griffin, P.E.
Assistant City Manager, City Engineer
City of Coppell
P.O. Box 478
Coppell, Texas 75019-0478
Geotechnical Study Denton Tap Road
Denton Creek to Highland Drive
Coppell, Texas
Dear Mr. Griffin:
The results of our geotechnical study for the proposed road and bridge improvemems are
presented in the following engineering report. Recommendations for foundations and
earthwork are provided in this report. Field and laboratory test data, developed for this
study, are also included.
The study was authorized by your signature and return of the coreract dated April 12,
1995, and received on April 14, 1995.
Since this report is being submitted during the design phase, some changei in the project
could occur after our report is submitted. Therefore, we request the opportunity to
review this report with respect to final design.
We appreciate the opportunity to provide geotechnical engineering services on your
project. Should you have any questions, or find we can be of further service, please let us
know.
Sincerely,
E M c o N_o% ...ks.- .~''~'~' 0.."'!'. ....
. ."
Distribution:
(:2) Above
(2) Mr. Ulys Lane, III, P.E. - Weir & Associates, Inc.
CONTENTS
1 INTRODUCTION
1. l Project Description
1.2 Purpose and Scope
2 FIELD EXPLORATION AND LABORATORY TESTING 2.1 Field Exploration
2.2 Laboratory Testing
3 SUBSURFACE CONDITIONS 3.1 General
3.2 Stratigraphy
3.2.1 Soil Conditions
3.2.2 Primary Unweathered Woodbine Formation
3.2.3 Hard Kocks
3.3 Groundwater Observations
3.4 Site Geology
4 FOUNDATIONS 4.1 Foundation Type, Depth, and Allowable Loading
4.2 Drilled Shaft Construction
5 BELOW-GRADE STRUCTURES 5.1 Lateral Earth Pressures
5.2 Wall Drainage
5.3 Backfill Placement and Compaction
5.4 Ketaining Wall Footings
6 SLOPE STABILITY ANALYSIS 6.1 General
6.2 Sections Selected for Analysis
6.3 Input Parameters
6.4 Results of Stability Analysis
7 CONSTRUCTION SLOPES AND TEMPORARY SHORING 7.1 General
7,2 Excavations and Slopes
7.3 Kesponsible Person
7.4 Permanent Slopes
2
2
3
4
4
4
4
4
5
5
5
6
6
7
9
9
9
10
11
13
13
13
13
13
15
15
15
16
16
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CONTENTS (CONT'D)
7.5 Crroundwater/Dewatering
8 EART!tWORK 8.1 Subgrade Preparation
8.2 Placing of Material
8.3 Moisture and Density Control
8.4 Imported Borrow Material
8.5 Trench/Wall Backfill
8.6 Contamination Testing and Certification
9 PAVEMENT SUBGRADE
9.1 General
9.2 Subgrade Treatment
9.3 Construction Procedures
9.3.1 Application
9.3.2 Mixing
9.3.3 Compacfion
10 REPORT CLOSURE
11 LIMITATIONS
16
17
17
18
18
20
20
21
22
22
22
22
22
23
23
24
26
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TABLES AND ILLUSTRATIONS
Table 5-1
Table 6-1
Table 6-2
12
14
14
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1
INTRODUCTION
1.1 Project Description
This report presents the results of a geotechnical study for the proposed road and bridge
improvements along Denton Tap Road from just south of the existing Denton Creek
bridge to near Highland Drive in Coppell, Texas. The existing two lane road will be
widened to six lanes and a new bridge will be constructed over Denton Creek.
t .2 Purpose and Scope
The purpose of this geotechnical study has been to determine the general subsurface
conditions, evaluate the engineering characteristics of the subsurface materials
encountered, and develop recommendations for the type or types of foundations suitable
for the project. Geotechnical parameters for retaining walls and earthwork are also
provided.
To accomplish its intended purposes, the study has been conducted in the following
phases: (1) drilling sample borings to determine the general subsurface conditions and to
obtain samples for testing; (2) performing laboratory tests on appropriate samples to
determine pertinent engineering properties of the subsurface materials; and, (3) performing
engineering analyses, using the field and laboratory data to develop geotechnical
recommendations for the proposed construction.
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2 FIELD EXPLORATION AND LABORATORY TESTING
2.1 Field Exploration
Subsurface conditions were explored by 2 bofings-drilled to a depth of 65 to 71 feet in the
proposed bridge area, and 3 borings drilled to a depth of 10 feet along the proposed road.
The borings were drilled April 28, May 1 and 2, 1995, at the approximate locations shown
on the Plan of Borings in Appendix & Figure A. 1. The boring logs are also included in
Appendix A, on Figures A. 3 through A.9, and a key to terms and descriptions on the logs
is provided on Figure A. 2.
Borings were located in the field by taped measurement from existing features along the
roadway. Elevations of the borings were interpolated from topographic contour maps of
the area provided to us by Weir & Associates, Inc. (Weir). The location and elevation of
the borings should be considered accurate only to the degree implied by the methods used
in their determination.
The boring logs shown in this report contain information related to the types of materials
encountered at specific locations and times and show lines delineating the interface
between these materials. The stratification lines represent the approximate boundary
between soil types and the transition can be gradual. Soil and rock descriptions on the
borings logs are a compilation of field data, as well as from laboratory testing of samples.
The logs also contain our field representative's interpretation of conditions that are
believed to exist in those depth intervals between the actual samples taken. Therefore,
these boring logs contain both factual and interpretative information.
Relatively undisturbed samples of cohesive soils encountered in the borings were taken by
rapidly pushing a 3-inch OD thin-walled tube sampler (ASTM D 1587) a distance of
approximately 1 to 2 feet into the soil with hydraulic cylinders from the drill rig. Depths at
which these samples were taken are designated "U" are indicated in the "Sample" column
of the boring logs. After a tube was recovered from a boring, the sample was carefully
extruded in the field, observed visually, and logged. A representative portion was
selected, wrapped, and sealed to prevent loss of moisture and to protect the sample during
transportation. Estimates of the consistency of the cohesive soil samples were obtained in
the field using a hand penetrometer, which is factory calibrated in units of tons per square
foot (tsf). The result of a hand penetrometer reading is recorded at a corresponding depth
in the "Penetrometer, TSF" column of the boring logs. When the capacity of the hand
penetrometer is exceeded, the value of 4.5+ is recorded.
The Texas Department of Transportation (TxDOT) cone penetrometer test was used to
evaluate the sandy shale and sandstone. Either the number of blows required to produce
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12 inches of penetration, or the inches of penetration due to 100 blows of the hammer are
noted on the boring logs designated "T" in the "Penetration Resistance" column.
Disturbed samples were taken by driving a standard ASTM 2-inch OD split-spoon sampler
(ASTM D 1586) a distance of 18 inches imo the soil with a 140-1b hammer falling freely a
distance of 30 inches. Where resistance was high, the number of inches of penetration for
50 blows of the hammer was recorded. Depths at which the split-spoon samples were
taken in these borings are designated "S" in the "Sample" column of the boring logs. The
number of blows required to drive the sampler the final 12 inches of penetration or the
inches of penetration for 50 blows is recorded at a corresponding depth in the "Blows Per
Ft" column of the boring logs. Representative portions of each split-spoon sample were
selected and sealed in plastic bags to prevent loss of moisture.
The sandy shales were also sampled with an NX size double-tube core barrel fitted with a
carbide bit. The amount of core recovered is recorded on the boring logs in the
"Recovery, %" column and is designated "C." All samples were extruded in the field,
visually classified, sealed and packaged for transportation.
Groundwater observations made during the course of the field exploration are included on
the boring logs. Groundwater level measurements refer only to those observed at the
times and places indicated, and can vary with time, geologic condition, construction
activity, rainfall, and other factors.
2.2 Laboratory Testing
Representative samples of the soils were tested in the laboratory. Liquid limit and plastic
limit tests (Atterberg limits) (ASTM D 4318) and grain size tests (ASTM D 1140) were
performed on soil samples from the borings in order to classify them according to the
Unified Soil Classification System CUSCS) (ASTM D 2487).
Strength properties of the cohesive soil and shale were evaluated by performing
uncorifined compression tests (ASTM D 2166). The results of these tests are reported as
Qu values (in tons per square foot). Moisture and density determinations were also made
on samples to determine the in situ conditions.
Results of Atterberg Limits, percent passing no. 200 sieve, moisture content, unit dry
weight, and tinconfined compression tests are provided in the right-hand portion of the
respective boring logs and a summary is included in Appendix B.
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3 SUBSURFACE CONDITIONS
3.1 General
Soil deposks consist of alluvial soils deposited by Denton creek and residual Woodbine
soils. The primary unweathered Woodbine formation is a complex interbedded system of
shale, sand, and sandstone. The sands vary from uncemented soils to cemented "rock-
like" materials. The shales typically grade from sandy and silty to clayey and
carbonaceous.
3.2 Stratigraphy
3.2.1 Soil Conditions
The alluvial and residual soils vary widely in character from fine silty sands to highly
plastic clays. Typically, these soils were encountered within the upper 46 to 47 feet
explored by B-1 and B-2. Liquid limits of 29 to 60 and plasticity index (PI) values of 16
to 38 were obtained on samples of these soils. The unconfined compressire strengths of
the cohesive soils generally varied from less that 1 tsf to over 4 tsf. The sands are often
nonplastic to slightly plastic.
N-values for the sand and gravel, determined from the standard penetration tests, ranged
from about 2 for ]2 inches to over 50 indicating a wide range in relative density of very
loose to very dense. Typically, the sand and gravel varies with respect to density.
3.2.2 Primary Unweathered Woodbine Formation
The primary unweathered Woodbine Formation materials consisted of sandy shale, clay
shale, shaly sand, sand, sandstone, siltstone, and limey sandstone. These materials are
generally light gray, gray and dark gray in color, and within some depths are brownish-
gray to black. The shaly materials are typically very stiff to moderately hard in consistency
and the sand/sandstone materials are dense to very dense.
Uncomcined compressive strength tests performed on the primary unweathered materials
revealed values ranging from approximately 4 to 50 tsf. The wide range in values is
typical of the Woodbine Formation, and reflects the variable nature of materials
themselves, particularly the degree of cementation of the sandy zones, the clay-like tenure
of the shale, slickensided fractures, and clay layers. Disturbance during sampling can also
affect the sample test results.
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The cone penetrometer test generally provides a more realistic indication of the bearing
capacity of the Woodbine materials, as compared to the unconfined compression test.
Cone penetrometer values ranging from approximately 1.5 inch to 12 inches of penetration
per 100 blows were r-ecorded. Most values were in the 1.5-inch to 4-inch range.
3.2.3 Hard Rocks
Rock materials were also encountered in the borings for the new bridge. The rocks are
described as limy sandstone, grading to sandy limestone, and are very hard and highly
cemented. Experience with these very hard materials has revealed them to be in the form
of irregular-shaped boulders and/or layers varying in thickness from less than 1 foot to
over 10 feet. Construction of foundations often requires rock-tooth augers, drop
chisels, core barrels, or other rock excavation equipment where the hard rocks are
encountered.
3.3 Groundwater Observations
Groundwater, in the form of a perched condition, exists within the limits of the area
explored. Indications are that the groundwater is perched within the permeable sand and
gravel which lie above the sandy shale and sandstone as well as within sand layers present
in the shale. Water-level measurements are recorded at the bottom of the log.
Fluctuations in the water table are anticipated and are often dependent upon climatic
conditions (rainfall, drought, etc.), the permeability of the sand, cross bedding of sands
and days, and adjacent grades. The water level at the time of construction could be
higher or lower than the depths recorded to date.
3.4 Site Geology
This site is undedain by the Woodbine geological formation and alluvial soils of the
adjacent creek. Sand, gravel, clays, sandstone, and shales generally compose this
formation. Iron oxides, lignite, gypsum, and pyrite are also found throughout the
formation. Dense and irregular shaped masses or hard sandstone occur at random
throughout the formation and are commonly referred to as "boulders." Structurally, the
Woodbine is quite complex in that it contains numerous small faults, lenticular masses, and
consequent divergent dips. It is often difficult, if not impossible, to trace a particular bed
for any distance. Water is found at various levels in the formation, some as perched tables
in sand lenses. The outcrop of the Woodbine Formation is generally marked by sandy
surface soils which support a dense growth of oak trees.
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5 R~v. 0, 0S/1~95
4
FOUNDATIONS
4.1 Foundation Type, Depth, and Allowable Loading
The bearing materials suitable for support of moderate to heavy column loads include gray
sandy shales, shaly sands, and sandstones encountered approximately 46 to 46.5 feet
below existing grade.
Auger-excavated, reinforced concrete, straight-sided drilled shafts will provide a desirable
means of transmitting structural loads to the bearing material. An allowable end-bearing
value of 20,000 pounds per square foot can be used to design the shaft. A skin friction
value of 3,200 pounds per square foot can be used for that portion of the shaft perimeter
in direct contact with the bearing material after 1 foot of penetration and below the
temporary steel casing. For pier resistance to pullout, a friction value of 1,600 pounds per
square foot can be used. Regardless of loads, all shafts should penetrate into the bearing
material a minimum of 5 feet.
Bearing values should be selected to include a factor of safety of 3 with regard to shear
failure, dead load only. Foundations proportioned in accordance with these values will
experience negligible settlement after construction. The weight of the footings below final
grade may be neglected in determining the design loads. It is anticipated that temporary
steel casing will be required to properly construct the shafts.
The following is a summary of the foundation recommendations:
Foundation type: Straight sided, drilled shafts
Bearing stratum: Gray sandy and clayey shale, shaly sand, and sandstone
Bearing stratum encountered approximately: 46 to 47 feet below existing grade
Minimum penetration into bearing stratum: 5 feet
Allowable bearing pressure: 20,000 pounds per square foot Cosf)
Allowable skin friction: 3,200 psf (for compression loads)
Resistance to pier pullout: 1,600 psf
Minimum penetration into bearing stratum prior to using skin friction: 1.0 foot
F~Va/2958/DENTAPRD. XX)C/512-95/bg:4 6 Rev. O, 05/18/95
62958001-001
!
Temporary steel casing: Casing is anticipated to be required on all of the shafts.
Reinforcing steel should be placed within the drilled shaRs to resist tensile forces caused
by expansion within the surrounding clays. Uplift forces and resulting tension forces will
be exerted on shafts during volume changes in the expansive soils. Uplift pressures are
estimated to be approximately 1,000 pounds per square foot acting over the perimeter of
the drilled shaft for a depth of 12 feet.
4.2 Drilled Shaft Construction
Drilled shaft construction should be monitored by a representative of the project
geotechnical engineer to observe, among other things, the following items:
Identification of bearing material.
Adequate penetration of the shaft excavation into the bearing layer.
The base and sides of the shaft excavation are clean of loose cuttings.
That a sufficient head of plastic concrete is maintained within the casings at
all times during their extraction to prevent the inflow of water.
Precautions should be taken during the placement of reinforcing steel and concrete to
prevent loose, excavated soil from falling into the excavation. Concrete should be placed
as soon as practical after completion of the drilling, cleaning and inspection. Excavation
for a drilled shaft should be filled with concrete before the end of the workday, thus
preventing excessive deterioration of the bearing material. Prolonged exposure or
inundation of the bearing surface with water will result in changes in strength and
compressibility characteristics. If delays occur, the drilled shaft excavation should be
slightly deepened and cleaned, in order to provide a fresh bearing surface.
As previously discussed, dense to very dense sands and shaly sands are pz:esent within the
primary Woodbine Formation. These predominantly granular layers are suitable bearing
materials for drilled shaft foundations. Depending on groundwater conditions, however, it
may be necessary to extend the temporary casing through any sand layers that overlie
shale in order to satisfactorily reduce seepage into the shaft during construction.
The concrete should be placed in a manner to prevent the concrete from striking the
reinforcing cage or the sides of the excavation, which could not only affect the positioning
of the cage but may also result in segregation of the concrete mixture. A bottom
discharge hopper is recommended for this purpose.
A drilling rig of sufficient size and weight will be necessary, since the possibility of
encountering hard rock layers exists. The rig must be capable of drilling and/or coring
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through the hard layers to reach the desired bearing stratum and achieve the required
penetration.
Caution should be exercised during construction to prevent the bearing of a shaft on soft
material within the rounding stratum. Should any shaft excavation terminate on a soft
seam or layer within the shale, after the required penetration has been achieved, the shaft
should be deepened until the next layer of firm shale or dense sand has been encountered.
The drilling work could require rock-tooth augers, core barrels, and drop chisels to
achieve the proper depth. See Boring logs and Section 3, Item 3.2.3.
As noted above, it is expected that temporary cuing will be required for construction.
Water seepage into the pier shafts may occur even if the shafts are cased. Therefore,
provisions should be made in the project specifications for underwater concrete placement
if more than 4 inches of water is present in the bottom of the pier hole. A closed tremie
should be used for underwater concrete placement and the end should be kept below the
top of the concrete in the pier hole. A nominal shaft diameter of at least 24 inches is
recommended to facilitate concrete placement with a tremie.
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L
5 BELOW-GRADE STRUCTURES
5.1 Lateral Earth Pressures
To reduce lateral earth pressures and to provide a porous drainage media, it is
recommended that the walls be backfilled with granular material. On-site clays have
relatively high plasticity index (PI) values and are expected to undergo seasonal volume
changes and are therefore not recommended for backfill.
Recommended lateral earth pressures for rigid walls with top restraint and flexible walls,
such as retaining walls, are given in Table 5-1, Lateral Earth Pressures, for various types
ofbackfill. The values given assume a horizontal backfill surface at the top of the wail.
Construction of foundations or on-grade slab loads near below-grade walls will apply an
additional horizontal load to the walls. A uniform horizontal pressure due to surcharge
loads from construction and normal loadings, equal to the applicable earth pressure
coefficient multiplied by the surcharge load, should be included in the wall design.
Surcharge loads farther than the height of the wall back from the top of the below-grade
wall do not need to be considered.
For walls constructed below the design water levels, the higher equivalent fluid pressures,
which account for pressures from water, should be used if a wall drainage system is not
used. If a drainage system is incorporated, the design of walls can use the equivalent fluid
pressures given for drained conditions.
5.2 Wall Drainage
A wall drainage system is recommended to reduce pressure on below-grade walls. The
drainage system should include a vertical granular drain and a perimeter collection system.
The vertical drain should be at least 24 inches wide and extend to within three feet of the
surface. The top three feet ofbackfill should consist of cohesive fill to limit surface water
infiltration into the wall drain. The granular drainage material should have a gradation
similar to ASTM C 33 Fine Concrete Aggregate. A prefabricated wall drainage mat can
be substituted for the 2 foot of sand wall drain material. If the entire wall backfill consists
of granular backfill, a separate wall drain is not necessary.
The perimeter drain collection system for the vertical drain should consist of dotted or
perforated pipe surrounded with a washed aggregate which is in turn surrounded by
suitable nonwoven geotextile fabric similar to Trevira Sl125 or Quline Q80 or an
equivalent. The pipe should have sufficient strength to support the backfill weight without
FW/tr295~DENTAPRD. DOC/512-95rag:4
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crushing. The aggregate should be at least six inches thick over the top and around the
sides of the pipe, and have a gradation similar to ASTM C 33, Size No. 57. The
collection system should be connected to a sump or some other discharge method. Flood
water or other water should not be allowed to backflow into the underdrainage system.
5.3 Backfill Placement and Compaction
Fill behind below-grade walls should be compacted, preferably by hand-operated tampers
or light compaction equipment immediately adjacent to the wall. Heavy rollers should not
be allowed closer than about six feet from the wall since high compactive effort will
increase the lateral earth pressures. Where light compaction equipment and hand-
operated compactors are used, the maximum lift thickness should be 4 inches.
The fill should be compacted in maximum of 4-inch loose lifts to 70 percent relative
density (ASTM D 4253 and D 4254). The nonexpansive, select fill material should be
placed in maximum of g-inch lifts and compacted to a density ranging between 92 and 98
percent of maximum standard Proctor (ASTM D 698) dry density at a moisture content
ranging from 2 percentage points below optimum to 5 percentage points above (-2 to +5)
for the backfill materials. The contractor may have to maintain a more narrow range
(within the maximum allowable) in order to consistently achieve the specified density for
some soils or under some conditions. The moisture content and density of all fill material
should be maintained at the specified range of moisture and density.
Backfill should be placed and compacted in a carefully controlled manner to reduce the
magnitude of potential settlement. Experience has indicated that some settlement of the
well-compacted fill should be anticipated for fills greater than approximately 5 feet thick.
This settlement will result in movement of supported sidewalks or floor slabs placed on
fill, and shear loads on pipes passing through the fill into the structure.
Select fill should consist of a clayey sand or sandy clay and sand mixture with less than
fifty percent passing the No. 200 sieve, a liquid limit less than 35, a PI between 4 and 15,
with at least 85 percent passing the No. 4 sieve.
It is recommended that a relatively impervious soil be placed in the upper layer of the
backfill around the exterior of the structure for the purpose of minimizing the amount of
infiltration of the outside surface water. It is recommended that the uppermost 2 feet of
backfill material consist of a sandy clay or clay with a liquid limit in the range of 35 to 45,
a PI in the range of 20 to :25, and the mount passing the No. 200 sieve greater than fifty
percent. The ground surface should slope away from the structure on a gradient of 11/2
to 3 percent, such that surface water does not pond adjacent to the structure within the
backfill zone. Topsoil and seeding should be accomplished to help prevent drying and
cracking this uppermost layer of soil. The slope should be maintained on a 11/2 to 3
percent gradient after topsoil is placed. The 2-foot layer of cover soil should be
compacted in maximum of 8-inch lifts to a density ranging between 95 and 100 percent of
] 0 Rev. 0, 05/18/95
FW/F29$g/DENTAPRD.IX)C/512-95tog:4
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L
standard Proctor at a moisture content ranging from optimum to 4 percentage points
above optimum (0 to +4).
If concrete fiatwork is placed at final grade, the use of a relatively impervious soil within
the upper 2 feet is not necessary. The fiatwork should extend at least 2 feet beyond the
backfill zone. All joints should be filled with a flexible joint sealer. If the fiatwork extends
only into a portion of the backfill zone, use of the 2 feet of cover soil should be required
within the remainder of the area.
5.4 Retaining Wall Footings
It is anticipated that continuous footings will be used for the proposed retaining walls
along Denton Tap Road. The footing should be placed a minimum of 3 feet below the
lowest adjacem grade.
An allowable bearing pressure of 2,500 pounds per square foot ('PSF) or less (F.S.=3) can
be used to design the footing. The footing should be placed on undisturbed soils or
compacted and tested fill.
InN/I/2958/DENTAPRD.DOC/512-95tog:4
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Backfill
Granular
ASTM C 33
Fine
Aggregate or
Select fill
Onsite Sandy
Clays, liquid
limit less than
40 and PI less
than 25
Notes:
1.
TABLE 5-1
LATERAL EARTH PRESSURES
Flexible Walls
Equivalent Fluid
................. ..P...r...e..s...s...u..r..e..:..p...c...f. .................
Assumed Assume Total Active Earth Above Below At Rest
Angle of Unit Weight, Pressure Design Design Earth
Shearing pcf Coefficient, Water Water Pressure
Resistance, k. Level Level Coefficient,
degrees Ko
26 125 0.33 41 83 0.56 70
20 125 0.41 51 88 0.66 80
Water levels are given on boring logs.
Lateral earth pressure recommendations assume a horizontal backfill surface at the top of the wall.
Rigid Walls
Equivalent Fluid
.................. .P...r...e..s...s..u_.ro.e.,..p..c.f. .................
Above
Design
Water
Level
Below
Design
Water
Level
101
103
FW/I/2958/DENTAPRD. DOC/512-95rug:4 12 Rev. 0, 05/I 8/95
6 SLOPE STABILITY ANALYSIS
6.1 General
UTEXAS3, a slope stability program developed to measure slope stability by the Spencer,
Bishop, Corps of Engineers' modified Swedish, or Lowe and Kara~ath's method of slices,
was utilized for the stability analyses of the 2(H): I(V) slope adjacent to the bike/walking
path and the 3(H):I(V) slope adjacent to the arterial roadway. Circular failure surfaces
using the Spencer method of slices were used for both computer stability analyses.
6.2 Sections Selected for Analysis
Slope stability analyses using circular failure surfaces were performed on typical cross
sections for 2(H):I(V) slopes adjacent to the bike/walking path and 3(K):I(V) slopes
adjacent to the arterial roadway. Figures 1 and 2 in Appendix C illustrate the cross
sections selected and the critical failure surface calculated by the stability program.
6.3 Input Parameters
The geometry of the cross sections was determined from the drawings associated with the
construction of the arterial roadway. The subgrade characteristics for both sections were
selected based on review of the boring logs from bo~ngs in the vicinity of the sections. A
sandy clay material was modeled in both sections as the subgrade material. Properties of
the subgrade were selected based on review of the boring logs and based on engineering
experience and judgment. The traffic loading on the arterial roadway section was modeled
using a uniform surface pressure of 42 psf and with a seismic coefficient of 0.01. Table 6-
I summarizes the unit weight and strength parameters utilized for the stability analyses.
6.4 Results of Stability Analysis
The results of the stability analyses indicate that the proposed slopes are stable under the
conditions analyzed. Table 6-2 summarizes the results of the stability analyses and
compares the calculated factor of safety to the recommended minimum factor of safety.
The recommended minimum factors of safety for the conditions analyzed were determined
using recommendations from the Corps of Engineers "Design and Construction of Levees"
manual 0SM 1110-2-1913). The figures illustrating the sections analyzed and the computer
stability analysis output is attached in Appendix C.
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Table 6-1
Summary of Material Weight and Strength Properties
Moist Umt Cohesion Internal
Material Type Weight (psf) Friction
(degrees)
Sanay.Clay SubFade
(lbl fi3)
125 200 16
Table 6-2
Summary of Slope StabilityAnalysis
Condition Analyzed
Slope Adjacent to
BikdWalking Path
Slope Adjacent to
Arterial Roadway
Minimum Factor of
Safety Generated
2.3
2,3
Recommended
Minimum Factor of
Safety
1.5
1.5
Acceptable Factor of
Safety
Yes
Yes
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7
CONSTRUCTION SLOPES AND TEMPORARY SHORING
7.1 General
The Owner and the Contractor should make themselves aware of and become familiar with
applicable local, state and federal safety regulations, including the current OSHA
Excavation and Trench Safety Standards. Construction site safety generally is the sole
responsibility of the Contractor, who shall also be solely responsible for the means,
methods and sequencing of construction operations. We are providing this information
solely as a service to our client. Under no circumstances should the information provided
below be interpreted to mean that EMCON is assuming responsibility for construction site
safety or the Contractors activities; such responsibility is not being implied and should not
be inferred.
7.2 Excavations and Slopes
The Contractor should be aware that slope height, slope inclination, or excavation depths
(including utility wench excavations) should in no case exceed those specified in local,
state, or federal safety regulations, e.g., OSHA Health and Safety Standards for
Excavations, 29 CFR Part 1926, or successor regulations, such regulations are strictly
enforced and, if they are not followed, the Owner, Contractor and/or earthwork and utility
subcontractors could be liable for substantial penalties.
The soils to be penetrated by the proposed excavation may vary significantly across the
site. Our soil classifications are based solely on the materials encountered in widely spaced
exploratory borings. The Contractor should verify that similar conditions exist throughout
the proposed area of excavation. If different subsurface conditions are encountered at the
time of construction, we recommend that we be contacted immediately to evaluate the
conditions encountered.
If any excavation, including a utility trench, is extended to a depth of more than 20 feet, it
will be necessary to have the side slopes designed by a professional engineer registered in
Texas.
As a safety measure, it is recommended that all vehicles and soil piles be kept a minimum
lateral distance from the crest of the slope equal to no less than equal the slope height. The
exposed slope face should be protected against the elements.
FWFb'295~DENTAPRD.DOCJ512-95F~g:4
6295~X)1-O01
15 R~v. 0, 05/1~/95
L
7.3 Responsible Person
The Contractor's "responsible person, as defined in 29 CFR Part 1926,' should evaluate the
soil exposed in the excavations as part of the Contractor's safety procedures.
The Contractor's "responsible person" should establish a minimum lateral distance from the
crest of the slope for all vehicles and spoil piles. Likewise, the Contractor's "responsible
person" should establish protective measures for exposed slope faces.
Monitoring of temporary slopes, trenches and dewatering during construction should be
undertaken by the contractor to detect early warnings of movement within slopes,
structures, pavements, etc.
7.4 Groundwater/Dewatering
Groundwater could be encountered within the excavations, depending on the depth of
excavation and ground-water level. The decision as to the method for handling ground
water, depends upon such factors as the soil characteristics within the excavation depth,
site hydrogeology, the size and depth of the excavation, method of excavation and side
slopes, the proximity of existing structures, their depth and foundation type and the design'
and function of the proposed structure.
Choice of a particular method or a combination of methods for dewatering any given
excavation will require an analysis of the subsurface soil and ground-water conditions, the
requirements of the work and the contractors experience with alewatering excavations.
Once these facts are known, consideration can be given to the various methods available
for handling ground water and a selection can be made as to a suitable method. A certain
mount of flexibility is important in the alewatering process. Although a geotechnical study
has been made, some unanticipated subsurface conditions could exist.
R~v. 0, 05/18795
FW/I/29587DEM'rAPRD.DOC/512-95fog:4
6295g-001-001
L
8
EARTHWORK
8.1 Subgrade Preparation
Stripping should consist of the removal of all topsoil, roots, vegetation, and rubbish not
removed by the clea~,'ing and grubbing operation. The actual stripping depth should be
based on field observations with particular attention given to old drainage areas, uneven
topography, and excessively wet soils. The stripped areas should be observed to determine
if additional excavation is required to remove weak or otherwise objectionable materials
that would adversely affect the fill placement.
The subgrade should be firm and able to support the construction equipment without
displacement. Soft or yielding subgrade should be corrected and made stable before
construction proceeds. The subgrade should be proof rolled to detect soft spots, which if
they exist, should be reworked. Proof rolling should be performed using a heavy
pneumatic-tired roller, loaded dump truck, or similar equipment weighing approximately 25
tons. The proof rolling operations should be observed by the project geotechnical engineer
or his representative.
Existing dopes which will receive fill should be loosened by scarifying or plowing to a
depth of not less than 6 inches. The fill material should be benched into the existing slope
in such a manner as to provide adequate bonding between the fill and slope, as well as to
allow the fill to be placed in horizontal lifts.
Prior to placement of compacted fill in any section of the embankment, after depressions
and holes have been filled, the foundation of such sections should be compacted to the
same density and moisture requirement as the embankment.
In areas of the subgrade which, in the opinion of the project geotechnical engineer, are too
soft, wet or otherwise unstable to allow fill construction to begin, the use ~3f plating and/or
plating in combination with a geogrid may be required, Providing detailed
recommendations for plating and/or use of geogrids for this project is beyond the scope of
our work for this project.
The traffic of heavy equipment, including heavy compaction equipment, may create
pumping and general deterioration of the soil. Occasionally, some soils have to be
excavated, mixed and dried, and replaced. At times, excavating and replacing with selected
soils and/or chemically treating in-place materials is required before an adequate subgrade
can be achieved. Therefore, it should be anticipated that some construction difficulties will
be encountered during periods when these soils are saturated.
FW/I/295~/DENTAPRD. DOC/5 12-95Fog:4 ] '7 Rev. 0, 05/18/95
629.58-001-001
8.2 Placing of Material
Fill materials should be placed on a properly prepared subgrade as specified. The combined
excavation, placing, and spreading operation should be done in such a manner to obtain
blending of material, and to provide that the materials, when compacted in the
embankment, will have the most practicable degree of compaction and stability. Materials
excavated from cut sections and/or borrow sources and hauled to construct fills must be
mixed and not segregated, except where such segregated soil zones are required. All fill
should be placed in horizontal lifts. Filling along (parallel to) slopes should not be
permitted. In areas where slopes will be constructed using fill, the fill should extend
beyond finished contours and cut back to grade.
If the surface of the fill is too smooth and hard to bond properly with a succeeding layer,
Me surface should be toughened and loosened by discing before the succeeding layer is
placed.
Where fill is to be placed next to existing fill, that fill should be removed to unweathered,
dense material. Each layer should be benched and diseed as adjoining lifts are placed.
Material hauling equipment should be so routed over the embankment surface to distribute
the added compaction afforded by the rolling equipment, and to prevent the formation of'
ruts on the embankment surface.
The surface of the fill should be Faded to drain freely and maintained throughout
construction. During the dumping and spreading process, the contractor should maintain at
all times a force of men adequate to remove all roots and debris and all rocks greater than 4
inches in maximum dimension from the fill materials. No rocks should be allowed within
the final 8 inches of subgrade.
8.3 Moisture and Density Control
Following the spreading and mixing of the soil on the embankment, it should be processed
by discing throughout its thickness to break up and provide additional blending of
materials. Discing should consist of at least two passes of the disc plow. Additional passes
Of the disc plow should be made necessary to accomplish breaking up and blending the fill.
The recommended loose lift thickness is 8 inches. The moisture content of the soil should
be adjusted, if necessary, by either aeration or the addition of water to bring the moisture
content within the specified range. Water required for sprinkling to bring the fill material to
the proper moisture content should be applied evenly through each layer.
Any layers which become damaged by weather conditions should be reprocessed to meet
specification requirements. The compacted surface of a layer of fill should be lightly
loosened by discing before the succeeding layer is placed.
When the moisture content and the condition of the fill layer are satisfactory, compaction
should be made with a tamping-foot roller (sheepsfoot with cleaner teeth) either towed by a
F'4WI/295g/DENTAPRD. DOC/512-9frog:4
62958-ooi-ool
] 8 Rev. O. 05118/95
crawler-type tractor or the self-propelled type, The tamping-foot length should be a
minimum of 8 inches. Vibratory tamping rollers may be required for cornpatting some
types of fill material.
The fill material should be compacted to a minimum of ninety-five (95) percent of the
maximum dry density as determined by the moisture-density relations test method ASTM
Designation D 698. The moisture coment should range between 2 percentage points below
optimum to 5 percentage points above optimum (-2 to +5) for soils with a plasticity index
(PI) of less than 20. For soils with a PI of 20 or greater, the moisture content should range
between optimum and 5 percentage points above optimum (0 to +5). The moisture content
ranges specified are to be considered as maximum allowable ranges. The contractor may
have to maintain a more narrow range (within the maximum allowable) in order to
consistently achieve the specified density for some soils or under some conditions. The
moisture content and density of all fill material should be maintained at the specified range
of moisture and density.
Fill behind below-grade walls should be compacted with hand-operated tampers or light
compaction equipment immediately adjacent to the wall. A loose lift thickness of four to
six inches is typically required for hand-operated tampers. Backfill on structures receiving
fill on both sides should be kept within two feet of the opposite side. Refer to Section
for further discussion.
Field density tests should be taken as each lift of fill material is placed. One field density
test per lift for each 5,000 square feet of compacted area is recommended. A minimum of
2 tests per lift should be required. The earthwork operations should be observed and tested
on a continuing basis by an experienced geotechnician working in conjunction with the
project geotechnical engineer. The contractor should assist the geotechnician in taking
tests to the extent of furnishing labor and equipment to prepare the areas for testing and
curtailing operations in the vicinity of the test area during testing.
Each lift should be compacted, tested, and approved before another lift is added. The
purpose of the field density tests is to provide some indication that uniform and adequate
compaction is being obtained. The actual quality of the fill, as compacted, should be the
sole responsibility of the contractor and satisfactory results from the tests should not be
considered as a guarantee of the quality of the contractor's filling operations.
All slopes, whether temporary construction slopes or permanent embankment should be
designed to allow drainage at planned areas where erosion protection can be provided,
instead of allowing surface water to flow down unprotected slopes. Vegatative ground
cover should be provided as soon as practical to completed slopes.
FW /I/2 9 5 8/D ENY APRD.DOC/ 512-9 5~D8: 4
629tg.001-001
19 Rev. O, 05/1S/95
L
8.4 Imported Borrow Material
Imported fill materials, used along the roadway, should consist of soil with a liquid limit
(LL) less than 45 and a plasticity index (PI) less than 25. The fill should be free of
vegetation, roots, debris, rocks, or other objectionable material. Prior to delivery of off-
site soils, the owner or engineer should be notified. The requirements provided in Item 8.6
should be followed.
8.5 Trench/Wall Backfill
Trench backfill for utilities should be properly placed and compacted. Dense or dry backfill
can swell and create a mound along the ditch line. Loose or wet backfill can settle and
form a depression along the ditch line. Distress to overlying structures, pavements, side
walks, etc. can occur if heaving or settling happens, A granular bedding material is
recommended for pipe bedding. Clean coarse sand, well- rounded pea gravel, or well
graded crushed rock make good bedding materials. Care should be taken to prevent the
backfilled trench from becoming a french drain and piping surface or subsurface water
beneath structures or pavements. The use of concrete cut-off collars or clay plugs may be
required to prevent this from occurring.
The following minimum test frequency will be used; however, the test frequency should
comply with project specifications if more frequent tests are specified.
Vertical Interval:
12-inch lifts or alternate 6-inch lifts, depending on construction equipment and soil
Horizontal Spacing:
Wall Backfill - 100 feet
Utility Trench Backfill under Pavement and Embankments - 250 feet
Minimum - 3 tests per section per 12-inch interval
Test locations should be staggered horizontally 20 to 50 feet (depending on trench length)
for succeeding intervals so that tests do not fall over previous tests. Additionally, for
trench widths greater than 2 feet, stagger the tests for each interval off center line.
Moisture/Density Requirements:
Trench Types
Compaction
(% of Standard Proctor)
Moisture Content
(% Points from Optimum)
Wall 92 - 98 -2 to +5
FW/I/295g/DENTAPRD.IX)CJ$12-95fog:4 20 Rev, 0, 05/18/95
62958-001-001
Utility
(Under Pavements and Embankments)
Plasticity Index 0 - 20 95
Plasticity Index >20 95
-2 to +5
Oto4
8.6 Contamination Testing and Certification
The Contractor should be required to arrange'and pay for the services of a laboratory
preapproved by the Owner to collect samples and perform a toxic conruminant scan of
composite soil samples representative of each separate off-site borrow source in
accordance with the U.S. Environmental Protection Agency (EPA) protocol for Total
Metals (eight metals, EPA Method 3010/6010), pH 0iPA Method 150.1 ), Chlorides (EPA
Method 330.4), Volatile Organics (EPA Method 8240), and Total Petroleum
Hydrocarbons CEPA Method 418.1 ).
Copies of the results of the laboratory tests should be submitted with chains-of-custody to
the Owner by the Contractor prior to proceeding to furnish soil materials to the site. Any
potential off-site soil borrow on which scan test results indicate the presence of
contaminants above background levels will be rejected as an off-site soil borrow source.
The laboratory performing the scan test for contaminants for the Contractor should provide
a written certification along with the test which states that the laboratory is EP~, approved,
that the tests were performed according to EPA guidelines, and that the samples were
collected using EPA protocol.
The Contractor should obtain a written, notarized certification from the landowner of each
proposed off-site soil borrow source stating that to the best of the landowner's knowledge
and belief there has never been contamination of the borrow source site with hazardous or
toxic materials. These certifications should be submitted to the Owner by the Contractor
prior to proceeding to furnish soil materials to the site. The lack of such certification on a
potential off-site soil borrow source will be cause for rejection of that source. Soil
materials derived from the excavation of underground petroleum storage tanks shall not be
used as flu on this project.
FW/I/291~/DENTAPRD.DOC/112-95Fog:4 2 1 Rrv. 0, 0f/18/9~
629t8-001-001
9
PAVEMENT SUBGRADE
9.1 General
Based on the soil borings, the subgrade soils are anticipated to be clay along the roadway.
These soils have poor subgrade characteristics and can become soft and pump with an
increase in moisture content, A commonly used method to improve the strength properties
of the soils is to treat them with hydrated lime.
Laboratory testing of the anticipated future subgrade soils consisted of Atterberg limits
tests and percent passing No. 200 sieve. In addition, a series of liquid and plastic limit tests
were conducted on the natural subgrade soils in order to determine optimum lime additive
contents for the purpose of soil treatment below paving. In these tests, soil plasticity index
was evaluated as a function of the percentage of dry soil weight. The pH of soil/lime
mixtures was also determined. These test results are included in Appendix B.
9.2 Subgrade Treatment
An application rate of 27 pounds of hydrated lime per square yard of surface area for the 6-
inch subgrade thickness is recommended. This complies with the City's standard
requirements. The plasticity index of the lime/soil mixture should be 15 or less. The
estimated application rate is based on a soil unit dry weight of 125 pcf and 6 percent lime.
The lime treated subgrade should extend a minimum of 12 inches outside the curb line.
This will improve the support for the edge of the pavement and also lessen the "edge
effect" associated with shrinkage during dry periods.
9.3 Construction Procedures
Construction of the lime treated subgrade should follow Item 260 of TxDOT's most
current Standard Specifications. The recommended gradation requirement after final
mixing includes 100 percent passing the 1-3/4" sieve and 60 percent passing the No. 4
sieve.
9.3.1 Application
The hydrated lime should be applied only to the area where the mixing operations can be
completed during the same working day. The hydrated lime should be placed by the slurry
method and be mixed with water in trucks or in tanks and applied as a thin water
suspension or slurry. The distributor truck or tank should be equipped with an agitator
IrV//I/29~/DENTAPRD.DOC/512-95tog:4 22 P,~. o, o~/1 g/gs
62958-001-001
L
which will keep the lime and water in a uniform mixture. The distribution of lime at the
rates indicated shall be attained by successive passes over a measured section of roadway
until the proper lime content has been secured.
The mount of lime ~o be added per area of stabilization can be determined by calculating
the square yardage to be stabilized and then multiplying by the prescribed application rate.
Lime delivery tickets should be submitted to the engineer to verify the amount of lime
applied. The interval of time between application and mixing that the hydrated lime is
exposed to the atmosphere, should be a maximum of 6 hours.
9.3.2 Mixing
The material should be uniformly mixed with a rotary mixer capable of reducing the size of
the particles so that when all non-slaking aggregates retained on the 3/4" sieve are
removed, the remainder of the material shall meet the following requirements when tested
dry by laboratory sieves:
Minimum passing 1-3/4" sieve
Minimum passing No. 4 sieve
100%
60%
Gradation tests should be performed for each 500 linear feet of roadway, with a minimum
of one test per section of lime placement. A check for correct depth of stabilization should
also be made.
9.3.3 Compaction
Compaction of the mixture shall begin immediately after mixing. The material should be
aerated or sprinlded as necessary to provide the optimum moisture. Compaction shall
begin at the bottom and continue until the entire depth of mixture is uniformly compacted.
All irregularities, depressions, or weak spots which develop must be corrected immediately
by scarifying the areas affected, adding or removing material, and reshaping and
recompactin8 by sprinkling and rolling. The surface should be maintained in a smooth
condition, free from undulations and ruts.
The subgrade should be compacted to a minimum of 95 percent of Standard Proctor
(ASTM D 698) density, at a moisture content ranging from optimum to four percentage
points above optimum (0 to +4). After the required compaction is reached, the subgrade
should be brought to the required lines and grades and finished by rolling with a pneumatic
tire or other suitable roller sufficiently light to prevent hai~ine cracking.
The compacted section should be moist-cured for approximately 7 days. Field density tests
should be taken at the rate of one (1) test per each 500 linear feet of roadway with a
minimum of two (2) per lime placement.
FW/I/2958/DENTAPRD. DOC/512-95tog:4 23 R~v. 0, 05/18/95
629~g-001-001
-L
10 REPORTCLOSURE
The borings made for this report were located in the field by taped measurement from the
existing roadway. Elevations of the borings were interpolated from topographic contour
maps of the area provided to us by Weir & Associates, Inc. The locations and elevations of
the borings should be considered accurate only to the degree implied by the methods used
in their determination. The boring logs shown in this report contain information related to
the types of soil encountered at specific locations and times and show lines delineating the
interface between these materials. The logs also contain our field representative's
interpretation of conditions that are believed to exist in those depth intervals between the
actual samples taken. Therefore, these boring logs contain both factual and interpretire
information. It is not warranted that these logs are representative of subsurface conditions
at other locations and times.
With regard to groundwater conditions, this report presents data on groundwater levels as'
they were observed during the course of the field work. In particular, water level readings
have been made in the borings at the times and under conditions stated in the text of the
report and on the boring logs. It should be noted that fluctuations in the level of the
groundwater table can occur with passage of time due to variations in rainfall, temperature
and other factors. Also, this report does not include quantitative information on rates of
flow of groundwater into excavations, on pumping capacities necessary to dewater the
excavations, or on methods of dewatering excavations. Unanticipated soil conditions at a
construction site are commonly encountered and cannot be fully predicted by mere soil
samples, test borings or test pits. Such unexpected conditions frequently require that
additional expenditures be made by the owner to attain a properly designed and constructed
project. Therefore, provision for some contingency fund is recommended to accommodate
such potential extra cost.
The analyses, conclusions and recommendations contained in this report are based on site
conditions as they existed at the time of our field investigation and further on the
assumption that the exploratory borings are representative of the subsurface conditions
throughout the site; that is, the subsurface conditions everywhere are not significantly
different from those disclosed by the borings at the time they were completed. If, during
construction, different subsurface conditions from those encountered in our borings are
observed, or appear to be present beneath excavations, we must be advised promptly so
that we can review these conditions and reconsider our recommendations where necessary.
If there is a substantial lapse of time between submission of this report and the start of the
work at the site, if conditions have changed due either to natural causes or to construction
operations at or adjacent to the site, or if building locations, structural loads or finish
grades are changed, we urge that we be promptly informed and retained to review our
FW/I/295~DENTAPRD. DOC/512-9:5/'og:4
62958-001-001
24
Rev. 0, 05/18/95
report to determine the applicability of the conclusions and recommendations, considering
the changed conditions and/or time lapse.
The scope of our services did not include any environmental assessment or investigation for
the presence or absence of wetlands or hazardous or toxic materials in the soil, surface
water, groundwater or air, on or below or around this site. Any statements in this report or
on the soil boring logs regarding odors noted or unusual or suspicious items or conditions
observed are strictly for the information of our client.
This report has been prepared for use in developing an overall design concept. Paragraphs,
statements, test results, boring logs, diagrams, etc., should not be taken out of context, nor
utilized without a knowledge and awareness of their intent within the overall concept of
this report. The reproduction of this report, or any part thereof, supplied to persons other
than the owner, should indicate that this study was made for foundation design purposes
only and that verification of the subsurface conditions for purposes of determining difficulty
of excavation, trafficability, etc., are responsibilities of the contractor.
This report has been prepared for the exclusive use of the City of Coppell and its
designated consultants for specific application to design of this project. The only warranty
made by us in connection with the services provided is that we have used that degree of
care and skill ordinarily exercised under similar conditions by reputable members of our
profession practicing in the same or similar locality. No other warranty, express or implied,
is made or intended.
FWa/29~g/DENTAPRD.DOC/~ 12-9~/bg:4
629~8-001-001
25 Rev. 0.
L
11 LIMITATIONS
The services described in this report were performed consistent with generally accepted
geotechnical engineering principles and practices. No other warranty, express or implied, is
made. These services were performed consistent with our agreement with our client. This
report is solely for the use and information of our client unless otherwise noted. Any
reliance on this report by a third party is at such pany's sole risk.
Opinions and recommendations contained in this report apply to conditions existing when
services were performed and are intended only for the client, purposes, locations, time
frames, and project parameters indicated. We do not warrant the accuracy of information
supplied by others, nor the use of segregated portions of this report.
The conclusions and recommendations in this report are invalid if
· The assumed design loads change
· The structures are relocated
· The report is used for adjacent or other property or buildings
· Grades, groundwater levels, or both, change between the issuance of this
construction
· Any other change is implemented that materially alters the project from that hen this
report was prepared
The boring logs do not provide a warranty of the conditions that may exist at the entire
site. The extent and nature of subsurface soil and groundwater variations may not become
evident until construction begins. Variations in soil conditions between borings could
possibly exist between or beyond the points of exploration or groundwater elevations may
change, both of which may require additional studies, consultation, and possible design
revisions. Any person associated with this project who observes conditions or futures of
the site or surrounding areas that are different from those described in this report should
report them immediately to us for consideration and evaluation.
This report was prepared solely for the use of our client and should be reviewed in its
entirety.
FW/I/2958/DENTAPRD.IX)C/,~ 12-95tog:4
62958-001-001
Rev. O, 05118195
L
APPENDIX A
NOTE: BORING LOCATIONS ARE APPROXIMATE.
LEGEND
BORING LOCATION
EmCO CITY OF
COPPELL
PLAN OF BORINGS
DENTON TAP ROAD
DENTON CRE/X TO HIGHLAND DRIVE:
CC)PPELL lZXAS
7958-001-001.
L
L
GENERAL NOTES
5OIL OR ROCK 'x'z~'l!is (shown in symlx~la column)
Clay Lean Sandy Silly Clayey Sand Gfavally Clayey Gravel
Clay Clay Sand Sand Sand Grave 1
Sandy Conglare- Weathered Shale Sandstone Limestone Solid Waste Igneous Volcanic
Gravel state Shale or Debris *
D!zffJ-xNG AND S~MPLING SYMBOLS:
U: Thin-walled Tube - 3' O.D., unless otherwise no~ed
S : Split Barrel Sampler · 2" O.D., unJess otherwise noted
Example: 25 - 25 blowall2' al~er 6" seating interval; 50/7 - 50 blows'/'
aft4r 6' seating interval; REF - 50 blowe <6'
C: Double Tube Core Barrel
T: TI"ID Cone Pene~rometer
Example: T60 = 60 blowa/~2'; T4.5" - 100 blows/4.5"
A : Auger S~mple
W : Wash Sample
P : Packer Ten
D : Denison Sample
KEIATIVE DENSZrY OF COA~SE~zRAINXD SOILS:
CON~STENCY OF FINg, G~ SOIL3:
Penetration hsistanes Relative Unconfined Compressive
Blows/foot ~usiW 8tren~h, Qu. ~ Consi~n~
0 - 4 Ve~ 1~
4 - l0 ~m 0~
10 - ~ Medi~ den. 0.50
~ - 50 ~n~ 1.~ ~ 2.~ St~
over 50 Ve~ de~ 2.~ W 4.~ Ve~ ~iff
4.~ ~d ~$her
Sfickenaided
Fiecured
Laminated
Interbedded
Calcareous
Well 8Faded
Poorly graded
Having inclined planes of weakness that are slick sad glossy in appearance.
Cont~;-i-S shrinkage cracks, ~requently filied with fine sand or silt; usually more or less vertical.
Composed of thin layers of varyin8 color and texture.
: Composed of alternate layers of different sail types.
: Containln~ appreciable quantities of e, aleium carbonate.
Having wide range in grain sizes sad substantial amo~mts of all intermediate particle sizes.
: Predominantly of one pain size, or having a range of sizes with zome intermediate size missing.
DEGREE OF WXA'rs~sm~G:.
Unweathered
Slifhtly weathered
Weathered
Samerely weathered
: Kock in its natural hate before heinz exposed to aUnospberic qents.
: Noted predominantly by eelor change with no disintsgrat~[ z~nes.
: Complete color change with zones of slightly decomposed rock.
: Complete color change with consistency, taxtufa, sad ~eneral appearance approaching soil.
~uassuau, ACE CONDITION8:
8oil and rock descriptions on the borizq logs are a compilation of field dm u well u from laboratory testing of samples on those
strat~ for which laboratory clmi/~cstion test results are presented on the boring lop. These clami~cations are bated only on
the actual samples tested, and the clmification is then miSned to the remainder of the stratum interval based on vimaal
clamification. If laboratory classification test results are mot presented on the boring los for · particular stratum, then that
stratum was clamified by visual-manuAl pnx~durea only. The stratification lines represent the at,~,,~,ximate boundre7 between
materials and the transition can be gradual.
Classification of soils based upon visual-manual procedures wu performed in Seneral accordance with AbeiX Standard D 2488.
Classification of soils based upon laboratory test rumits was performed in general accordance with ASTM Standard D 2487.
Water-level observations have ben made in the barimp st the time indicated. It must be noted that fluctuations in the ground-
water level may occur due to variations in rainfall, hydraulic conductivity of soil m'ata, construction activity, and other factors.
,__ FIGURE A. 2
:L
LOG OF BOHNG NO. B-
Project Description: DENTON TAP ROAD - Denton Creek to Highland Drive
London: ~
MATERIAL DESCRIFFION :z
J-I SANDY CLAY, dark brown to brown, stiff 3.0
w/calctreous nodules
3.0
~J-3 3.5
19.$ 111.1 42 15 27 79 4.1
gANDY CLAY (CL), Light brown to
brown, finn, moist w/eadcareous nodules & 1 .$ 17.0
small gravel
2.0 17.2 102.$ 0.4
CLAYEY SAND (SC), light brown to tan,
loose, wet w/occasional layers of gray
calcareous clay & w/free to medium
rounded gravel
21.0
0.5 18.3
39
-40
Completion D~th:
Dstg Boring Sta:tcd:
Date Boring Completed:
~ Engin~-r/C~ologist:
~ Pmieet No.:
EMCON
71.0 ~.
4/28/95
511/95
T. Bake'
629580014101
Remarks: S~page encountered ~} 20.5 it. during drilling. Wator level mmured
~} 14.5 it. & hole cav~d · 23.4 ft. on 5-2-95.
The stratification line~ reprcaent .approximate strata boundariu.
In situ, rig transition nay b~ gradi~l.
Continued Next Page
FIGURE A,3
L
LOG OF BORING NO. B- 1
Project Description: DENTON TAP ROAD - [katon Creek to HiZhhnd Drive
Coppell, Tern
Location:
Surface El.: + 460.3' MSL
MATERIAL DESCRIPTION
- d.. belo* 4S n.lj ~
LIMY SANDS'i ONE m S~DY
~TONE, ve~ ~d, light gray
SANDSTONE, poorly to moderately
cemented, gray, dense w/shale ms
49 .S
50/I/4
13.1
SANDY SHALE, dark gray, moderately
bud w/intcrbedded randstone ms &
Jayors
56.5
'TI .7~
lO0
13.7 149.1 S2J
SHALE, sandy & clayey, dark Fay,
moderately hard
66.O
TI
1oo
71.0 TI2
-80
Completion Depth:
Date Boring Started:
Date BorinB Comp!ctcd:
Engin~u/C~ologiat:
Project No.:
EMCON
71.0 ~.
4/28195
5/1/95
T. Baker
62958-001-001
Remarks: Seepage encountered · 20.5 ft. during drilling. Wsta i~vel measured
· 14.5 fk. & hole u, vecl 0 23.4 ft. on 5-2-95.
The stratification !into t~p~a~nt .approximat~ m'ata boundaries.
In sltu, tlz Utnsition my be ~l .
FIGURE A.4
:L
LOG OF BORING NO. B- 2
Project Description: DENTON TAP ROAD - Denton Creek to HighMud Drive Coppeil, Texas
Location: ;
MATERIAL DESCRIPTION ~'
Iuol CLAY (CL), brown, v~ry stiff w/~rav~l 4.~ +
13.0
~ 3.5 o~
CLAYEY SAND (SC), light brown, loos~/./.: '.,...~,.~ ~--
w/~n~ gravel
U-3 14.3
-15
CLAYhY SAND ($C), brown & gr~y,
16.5
23.S
CLAYEY SAND/SAND (SP-~C), brown,
tm~ & ~rny, w~t, medium dense wigravel
!nyets
10
CLAYEY SAND (SC), dark gray & brown,
medium dense, wet w/sand & gravel seams
_ _
_ _~-1'0
Compi=tinn Depth:
~_ Dat~ Boring Stard~;
Dot~ Boring
F. ngine~r/Geologist:
Proicon No.:
EMCON
GP~,VE.L (GP) w/sand, tan & brown,
medium dense, ,,vet w/tan sand layus
65.0 ft.
5/295
T. Baker
62958-001-001
Remarks:
32.0
29
36.0
13
Seepage encountered 0 13 ~. during drilling.
Th~ m'atifr, stion lines represent .approxima~ strata bounauies.
in situ, the transition may b~ grediaid.
Continued Next Page
FIGURE A.S
LOG OF BORING NO. B- 2
Project Description: DENTON TAP ROAD - !)eaton Creek to Highhad Drive
CoppeU, Texas
MATERIAL DESCRIPTION
GRAVEL (GP) w/sand, tan & brown.
mexiium dcasc, w~t w/tan mad layers
SAND (SP), gray & tan, de, n~, wet w/some
gravel
SANDSTONE, poorly to modeA-~ly
creature. d, gray, dens~ w/dark gray shale
P,m'ns & layers & some limy sandstone
seams
LIMY SANDSTONE, weal cemented, light
Fay, very hard
SANDSTONE. moderately to weal
cemented, gray, dense, w/shale seams
SHAI.~, dark gray to brownish gray,
modcrateAy bard to hard w/some silty sand
partings
42.0
50.0
52.0
65.0
~ I -31,r
TI .5
TI
T1.5
82 15.5 131.6 0.9
17.3 116.7 3.8
16.7 110.2 7.0
-~0
ComplvAon Dcpth:
Date Boring Started:
Date Boring
F. nginogrlGeologist:
Project No.:
EMCON
65.0 ft.
512195
512195
T. Baker
62958-001-001
Remarks: Seepage encountered · 13 ~. during drilling.
TI~ strati~cazion linu rgpre~.nt .approximate stata boundaxiu.
in situ, th~ transition my b~ gradia~.
fiGURE A.6
L
'i
LOG OF BORING NO. B- 3
Project Description: DENTON TAP ROAD - Denton Creek to Highhad Drive
Coppe!!, Texas
J-i
SANDY CLAY w/lime (CL), brown (FILL)
SANDY CLAY (CL), dark brown, firm to
gift w/s~_*~,-red f'me gravel
10,O
2.0
8.5 29 12 17
1.5 17.0 111.3 45 13 32 59
4.0 23.2 10~.6 1.7
Completion Depth:
,Datg Boring Str,~:
· cud
D~c Boring Compl :
Eagiaeer/Geologin:
~ProiectNo.:
EMCON
10.0 ft.
4/28/95
4F/,S/95
T. Baker
62958-001-001
Remsrks: Dry · comple~ion.
The stratification linu represent .e!~roxim~c m'm boundtriu.
in situ, the trans'tion may be Fad .
HGURE A.7
LOG OF BORING NO. B- 4
Project Description: DENTON TAP ROAD - Denton Creek to Highland Drive
Coppell, Texas
SANDY CLAY (CL), dark brown, stiff
CLAY (CH), dark brown, firm to ~iff
2.0
Io.o
2.o
13.9 115.4 29 13 16 49
1 .~ 15.0
3.5 14.9
-40
Dst~ Boring Statml:
Dat~ Boring Complm~d:
~ Engin~rlC~ologist:
Ptoie~'t No.:
EMCON
10,0 it.
4/2885
4/2885
T, Baker
62958.001401
R~marks: Dry · ~ompl~tion.
Th~ stratification lira r~pms~nt .approximat~ re. am boundaries.
In situ, the trusition my be grad .
FIGURE A.8
LOG OF BORING NO. B-
Project Description: DENTON TAP ROAD - Denton Creek to Highland Drive
CoppeU, Texas
CLAY (CL-CH). dark brown, stiff
CLAY (CH), brown, stiff
7.5
I0.0
20.7 112.2 47 18 29 68
3.5 26.1 60 22 38
2.0 20.8
-40
Completion Depth:
~ Boring
Date Boring Comp!~_,~_:
Engineer/Geologist:
Proie, ct No.:
EMCON
10.0 ft.
4/28/95
4/28/95
T. Baker
62958-001-001
Rcmazks: Dry O completion.
The stratification linu represent .approximate strm boundaries.
in mitu, thc trimtuition may be gtadbil.
FIGURE A.9
APPENDIX B
!
L_
·
Boring/ Percent F'mer Uncoo~ned
Exploration Sample Liquid Plastic Ptuticity Moisture Unit Dry Percent Pffcent Compressire
Polut Depth Limit Limit Ludex Content Weight pa~ging p~ui~g SLreugth
No. (ft) (LL) (PL) (P!) (%) (pet) 1200 140
B- I 3,0
B- I 8.0 42
B- I 13.0 '-
B- I 18.0
B- ! 23.0
B- I 28.0
B- I 38.0
15
B- I 43.0
B- I 62.0
B- 2 0,5
B- 2 8,0
B-2 ..... ls.o
B- 2 28.0
B- 2 .: 50,0
B= 2 61,7
.. n-,2 ......... 63.0
1~ 3 0,5 .......... 29 ........ 12
B- 3 3,0 45 13
B- 3 ...... s.o
B-..4_ ........ 0.5 29 ...... 13
n- 4 ..... 3 ._o
B- 4 8,0
~5 ..... o~S 47__ ......... is .
B- 5 3,0 60 22
B- 5 8.0
27
17
32
16
29
38
18
19
17
17
18
111.I 79 4.1
102.5
24
13
14
13
14
24
20
16 131.6
17 116.7
17 110.2
9
17 111.3
23 105,6
14 ......... i,~5~4
15
15
21
.. 26 ..
21
39
149.1
69
112.2 68 :
0.4
52.3
0.9
3.8
7.0
1.7
EMCON
Summary of Material Properties
DENTON TAP ROAD - Denton Creek to Highland Drive
Coppell, Texas
May 16, 1995 [ Sheet 1 of 1
FIGURE
PROJECT NO.
· ·62958-001-.001.~
SUMMARY OF RESULTS
pH Lime Series
Liquid, Plastic Limit and pH Determinations
Project:
Project No.:
Description:
Date Tested:
Denton Tap Road
62958 -001-001
Clay, brown,sandy Sample: B-3 @ 3.5'
5/12/95
Hydrated Lime Liquid Plastic Plasticity pH
Added, 9~ Limit. % Limit, % Index Reading
0
1
2
3
4
5
6
7
8
45 13 32 7.29
40 34 6
42 38 4
12.04
12.31
12.47
50 14
~, " 13
40 - ~' · 12
22 11
10 ~
~20 -9
i
10 - - 7
0 6
0 1 2 3 4 5 6 7 8 9
PERCENT I/ME
_,_ Liquid Limii,_ Plastic Index,. pH Reading
EMCON
FIGURE B. 2
L
APPENDIX'C
CRfi!CAL FNLURE SURFACE
RADIUS: 16.1 ft
F/C11DR OF ~ 2.322
470 -- %
BIKEPA*n.I
-- 470
IIll i 5M~IDY Ct. AY SUBGRA~
DAlE MAY 1995 R~RE
~ ~ COPPELL. TE~
8LOPE 8TABIUTY 8EOTION 1
~ o 8LOPE ADJACENT TO BIKE/WALKING PATH 2
tFEEXAS3 - VER. 1.204 - 10/22/93 - (C) 1985-1993 S. G. WRIGHT
I COpy Licensed to EMCON Baker-Shiflett, Inc., Fort Worth, TX.
Date: 5:12:1995 Time: 9:46:36 Input file: COPPELL1.DAT
TABLE NO. 1
· COMPUTER PROGRAM DESIGNATION - UTEXAS3 ·
* Originally Coded By Stephen G. Wright *
· version No. 1.204 ·
· Last Revision Date 10/22/93 ·
· (C) Copyright 1985-1993 S. G. Wright *
* All Rights Reserved *
· RESULTS OF COMPUTATIONS PERFORMED USING THIS COMPUTER
· PROGRA~ SHOULD NOT BE USED FOR DESIGN PURPOSES UNLESS THEY
* HAVE BEEN VERIFIED BY INDEPENDENT ANALYSES, EXPERIMENTAL
· DATA OR FIELD EXPERIENCE. THE USER SHOULD UNDERSTAND THE
· ALGORITHMS AND ANALYTICAL PROCEDURES USED IN THE COMPUTER
· PROGRAM AND MUST HAVE READ ALL DOCUMENTATION FOR THIS
· PROGRAM BEFORE ATTEMPTING ITS USE.
· NEITHER THE UNIVERSITY OF TEXAS NOR STEPHEN G. WRIGHT
* MAKE OR ASSUME LIABILITY FOR ANY WARRANTIES, EXPRESSED OR
· IMPLIED, CONCERNING THE ACCURACY, HELIANILITY, USEFULNESS
* OR ADAPTABILITY OF THIS COMPUTER PROGRAM.
TABLE NO. 2
* NEW PROFILE LINE DATA *
PROFILE LINE I - MATERIAL TYPE ~ 1
GROUND SURFACE
Point X Y
I .000 468.000
2 16.000 468.000
3 32.000 460.000
4 48.000 460.000
All new profile lines defined - Ho old lines retained
TABLE NO. 3
* NEW MATERIAL PROPERTY DATA - CONVENTIONAL/FIRST-STAGE COMPUTATIONS *
DATA FOR MATERIAL TYPE 1
SUBGRADE LAYER
Unit weight of material - 125.000
CONVENTIONAL (ISOTROPIC) SHEAR STRENGTHS
Cohesion 200.000
Friction angle 16.000 degrees
No (or zero) pore water pressures
All new material properties defined - No old data retained
TABLE NO. 15
eeeeeeeeeeeeeeeeeeeeee,eee,eee~ee
* NEWANALYSIS/COMPUTATION DATA *
CirCular Shear Surface(s)
Automatic Search Performed
Starting Center Coordinate for Search at -
Required accuracy for critical center (- minimum
spacing between grid points) - 1.000
Critical shear surface not allowed to pass below Y =
For the initial mode of search
all circles pass through the point at -
Short form of output will be used for search
50.000
480.000
X - 32.000
Y - 460.000
.000
THE FOLLOWING REPRESENT EITHER DEFAULT OR PREVIOUSLY DEFINED VALUES:
Initial trial estimate for the factor of safety - 3.000
Initial trial estimate for side force inclination = 15.000 degrees
(Applicable to Spencer's procedure only)
Maximum number of iterations allowed for
calculating the factor of safety - 40
Allowed force imbalance for convergence - 100.000
Allowed moment imbalance for convergence - 100.000
Initial trial values for factor of safety (and side force inclination
for Spencer's procedure) will be kept constant during search
Maximum subtended angle to be used for subdivision of the
circle into slices - 3.00 degrees
Depth of crack - .000
Search will be continued to locate a more critical shear
surface (if one exists) after the initial mode is complete
Depth of water in crack - .000
Unit weight of water in crack - 62.400
Seismic coefficient - .000
Conventional (single-stage) computations to be performed
Procedure used to compute the factor of safety: SPENCER
TABLE NO. 16
eeeeeeeeeeeeeeeeeeeeeeeeeee
* NEW SLOPE GEOMETRY DATA *
eeeeeeeeeeeeeeeeeeeeeeeee,,
NOTE - NO DATA WEPa INPUT, SLOPE GEOMETRY DATA
WEPa GENERATED BY THE PROGRAM
Slope Coordinates -
Point X
Y
.000 468.000
16.000 468.000
32.000 460.000
48.000 460.000
TABLE NO. 21
***** 1-STAGE FINAL CRITICAL CIRCL~ INFORMATION
X Coordinate of Center 26.000
Y Coordinate of Center 475.000
Radius 16.155
Factor of Safety 2.322
Side Force Inclination -13.58
Number of circles tried
No. of circles F calc. for
76
46
TABLE NO, 38
* Final Results for Stresses Along the Shear Surface
* (Results for Critical Shear Surface in Case of a Search.)
SPENCER'S PROCEDURE USED TO COMPUTE FACTOR OF SAFETY
Factor of Safety a 2.322 Side Force Inclination - -13.58 Degrees
VALUES AT CENTER OF BASE OF SLICE.
Total Effective
Slice Normal Normal Shear
No, X-center Y-center Stress Stress Stress
i 11.6 467.6 -59.4 -59.4 78.8
2 12.0 466.9 7.8 7.8 87.1
3 12.5 466.2 77.7 77.7 95.7
4 13.0 465.5 149.5 149.5 104.6
5 13.5 464.8 222.4 222.4 113.6
6 14.0 464.2 295.8 295.8 122.7
7 14.6 463.5 369.1 369.1 131.7
8 15.2 463.0 441.9 441.9 140.7
9 15.8 462.5 503.0 503.0 148.3
10 16.3 462.1 545.6 545.6 153.5
11 17.0 461.6 578.8 578.8 157.6
12 17.7 461.1 606.9 606.9 161.1
13 18.5 460.7 629.9 629.9 163.9
14 19.2 460.3 647.4 647.4 166.1
15 20.0 460.0 659.2 659.2 167.5
16 20.8 459.7 665.1 665.1 168.3
17 21.6 459.5 664.8 664.8 168.2
18 22.4 459.2 658.3 658.3 167.4
19 23.3 459.1 645.3 645.3 165.8
20 24.1 459.0 625.6 625.6 163.4
21 24.9 458.9 599.1 599.1 160.1
22 25.7 458.9 570.5 570.5 156.6
23 26.4 458.9 535.8 535.8 152.3
24 27.3 458.9 489.6 489.6 146.6
25 28.1 459.0 435.8 435.8 140.0
26 28.9 459.1 374.2 374.2 132.4
27 29.8 459.3 304.6 304.6 123.8
28 30.6 459.5 226.5 226.5 114.1
29 31.4 459.8 139.5 139.5 103.4
30 31.9 460.0 80.2 80.2 96.0
CHECK SUMS - (ALL SHOULD BE SMALL)
SUM OF FORCES IN VERTICAL DIRECTION
SHOULD NOT EXCEED .100E+03
SUM OF FORCES IN HORIZONTAL DIRECTION
SHOULD NOT EXCEED .100E+03
SUM OF MOMENTS ABOUT COORDINATE ORIGIN
SBOULD NOT EXCEED .100E+03
SHEAR STRENGTH/SHEAR FORCE CHECK-SUM
SHOULD NOT EXCEED .100E+03
.00 (- .247E-03)
.00 (= .403E-03)
.92 (s .916E+00)
.00 (- .116E-03)
CAUTION ***** EFFECTIVE OR TOTAL NORMAL STRESS ON SHEAR
SURFACE IS NEGATIVE AT POINTS ALONG THE
UPPER ONE-HALF OF THE SHEAR SURFACE - A
TENSION CRACK MAY BE NEEDED.
TABLE NO. 39
* Final Results for Side Forces and Stresses Between Slices.
* (Results for Critical Shear Surface in Case of a Search.)
SPENCER'S PROCEDUR~ USED TO COMPUTE FACTOR OF SAFETY
Factor of Safety I 2.322 Side Force Inclination - -13.58 Degrees
VALUES AT RIGHT SIDE OF SLICE
Y-Coord. of Fraction Sigma Sigma
Slice Side Side Force of at at
No. X-Right Force Location Height Top Bottom
I 11.8
2 12.3
3 12.7
4 13.2
5 13.7
6 14.3
7 14.9
8 15.5
9 16.0
10 16.7
11 17.4
12 18.1
13 18.9
14 19.6
15 20.4
16 21.2
17 22.0
18 22.9
19 23.7
20 24.5
21 25.4
22 26.0
23 26.8
24 27.7
25 28.5
26 29.4
27 30,2
28 31.0
29 31.8
30 32.0
-77. 467.6 .438 -62.7 -137.1
-110. 467.3 .518 -79.6 -64.0
-99. 467.3 .677 -90.2 2.7
-47. 469.1 ABOV~ -100.2 68.2
40. 459.8 BELOW -110.7 132.9
159. 463.0 BELOW -121.9 196.4
304. 463.1 BELOW -133.7 258.2
470. 462.9 .050 -146.2 317.9
593. 462.8 .078 -155.2 357.7
770. 462.4 .110 -171.1 426.6
935. 462.1 .135 -181.5 485.9
1085. 461.8 .154 -187.5 536.5
1214. 461.5 .171 -189.9 579.2
1318. 461.3 .185 -189.4 614.2
1395. 461.0 .197 -186.3 642.0
1442. 460.8 .208 -181.0 662.6
1459. 460.6 .218 -173.8 676.0
1443. 460.4 .227 -164.8 682.3
1396. 460.2 .236 -154.2 681.4
1318. 460.1 .244 -142.1 673.1
1213. 460.0 .252 -128.6 657.5
1119. 459.9 .258 -117.6 641.0
974. 459.9 .267 -101.7 612.1
813. 459.8 .276 -84.6 575.3
643. 459.8 .286 -66.0 530.3
471. 459.8 .298 -45.9 476.9
304. 459.9 .313 -23.7 414.0
153. 459.9 .335 2.0 340.2
28. 460.0 .324 -7.8 293.5
0. 556.1 ABOVE-10000000.010000000.0
CHECK SUMS - (ALL SHO~TLD BE SMALL)
SUM OF FORCES IN V~RTICAL DIRECTION
SHOULD NOT EXCEED .100E+03
SUM OF FORCES IN HORIZONTAL DIRECTION
SHOULD NOT EXCEED .100E+03
SUM OF MOMENTS ABOUT COORDINATE ORIGIN
SHOULD NOT EXCEED .100E+03
SHEAR STR~NGTB/SHEAR FORCE CHECK-SUM
SHOULD NOT EXCEED .100E+03
.00 (- .247E-03)
.00 (I .403E-03)
.92 (- .916E+00)
.00 (B .116E-03)
CAUTION ***** FORCES BETW;EN SLICES ARE N~GATIV~ AT POINTS
ALONG THE UPPER ONE-HALF OF THE SBEAR SURFACE -
A TENSION CRACK MAY BE NEEDED.
CAUTION ***** SOM~ OF THE FORCES BETWEEN SLICES ACT AT POINTS
ABOVE THE SURFACE OF THE SLOPE OR BELOW THE
SHEAR SURFACE - EITHER A TENSION CRACK MAY BE
NEEDED OR THE SOLUTION MAY NOT BZ A VALID
SOLUTION.
( EMCON
CRrrlCAL FNLURE: SURFACE
con~ c:omme~'r~: (me.4ee)
RADIUS: 2g.2 f~
FACTOR OF SAFE/Y: 2.32g
(42 ~
IIIIIIII
IIIIIIIIIIsu~[~~~~
\
~ r~
SN4t)YC~AYSUBGRADE
- 470
DA'IE: MAY 1995
I)LC
11)8
O
DENTON TAP ROAD
COPPELL, TEXAS
8LOPE 8TABIUTY SECTION 2
8LOPE ADAJACENT TO ARTERIAL ROADWAY
UTEXAS3 - VER. 1.204 - 10/22/93 - (C) 1985-1993 S. G. WRIGHT
I Copy Licensed to EMCON Baker-Shiflett, Inc., Fort Worth, TX.
Date: 5:12:1995 Time: 10:12:31 Input file: COPPELL2.DAT
TABLE NO. 1
* COMPUTER PROGRAM DESIGNATION - UTEXAS3
· Originally Coded By Stephen G. Wright
* Version No. 1,204
· Last Revision Date 10/22/93
· (C) Copyright 1985-1993 S. G. Wright
· All Rights Reserved
· RESULTS OF COMPUTATIONS PERFORMED USING THIS COMPUTER
· PROGRAM SHOULD NOT BE USED FOR DESIGN PURPOSES UNLESS THEY
· HAVE BEEN VERIFIED BY INDEPENDENT ANALYSES, EXPERIMENTAL
· DATA OR FIELD EXPERIENCE. THE USER SHOULD UNDERSTAND THE
· ALGORITHMS AND ANALYTICAL PROCEDURES USED IN THE COMPUTER
· PROGRAM AND MUST HAVE READ ALL DOCUMENTATION FOR THIS
· PROGRAM BEFORE ATTEMPTING ITS USE.
* NEITHER THE UNIVERSITY OF TEXAS NOR STEPHEN G. WRIGHT
· MAKE OR ASSUME LIABILITY FOR ANY WARRANTIES, EXPRESSED OR
· IMPLIED, CONCERNING THE ACCURACY, RELIABILITY, USEFUIa~ESS
· OR ADAPTABILITY OF THIS COMPUTER PROGRAM.
TABLE NO. 2
· NEW PROFILE LINE DATA *
PROFILE LINE
GROUND SURFACE
1 - MATERIAL TYPE = 1
Point X Y
I .000 470,000
2 36,000 470.000
3 52,000 470,000
4 88.000 470.000
5 118.000 460.000
6 140.000 460.000
All new profile lines defined - No old lines retained
TABLE NO. 3
· NEW MATERIAL PROPERTY DATA - CONVENTIONAL/FIRST-STAGE COMPUTATIONS ·
DATA FOR MATERIAL TYPE 1
SUBGRADE LAYER
Unit weight of material - 125,000
CONVENTIONAL (ISOTROPIC) SHF..,)~ STRENGTHS
Cohesion 200,000
Friction angle 16,000 degrees
No (or zero) pore water pressures
TABLE NO. 10
* NEW SURFACE PR~SSUR~ DATA - CONVENTIONAL/FIRST-STAGE COMPUTATIONS *
ALL NEW DATA INPUT - NO OLD DATA RETAINED
Surface Pressures -
Normal Shear
Point X Y Pressure Stress
i .000 470.000 42.000
2 36.000 470.000 42.000
3 36.000 470.000 .000
4 52.000 470.000 .000
5 52.000 470.000 42.000
6 88.000 470.000 42.000
.000
.000
.000
.000
.000
.000
TABLE NO. 15
* NEWANALYSIS/COMPUTATION DATA *
Circular Shear Surface(s)
Automatic Search Performed
Starting Center Coordinate for Search at -
Required accuracy for critical center (- minimum
spacing between grid points) - 1.000
Critical shear surface not allowed to pass below
For the initial mode of search
all circles pass through the point at -
Seismic coefficient - .010
Short form of output will be used for search
90.000
480.000
.000
118.000
460.000
THE FOLLOWING REPRESENT EITHER DEFAULT OR PREVIOUSLY DEFINED VALUES:
Initial trial estimate for the factor of safety - 3.000
Initial trial estimate for side force inclination - 15.000 degrees
(Applicable to Spencer's procedure only)
Maximum number of iterations allowed for
calculating the factor of safety - 40
Allowed force im~alance for convergence - 100.000
Allowed moment imbalance for convergence - 100.000
Initial trial values for factor of safety (and side force inclination
for Spencer's procedure} will be kept constant during search
Maximum subtended angle to be used for subdivision of the
circle into slices - 3.00 degrees
Depth of crack - .000
Search will be continued to locate a more critical shear
surface (if one exists) after the initial mode is complete
Depth o~ water in crack = .000
Unit weight of water in crack = 62.400
Conventional (single-stage) computations to be performed
Procedure used to compute the factor of safety: SPENCER
TABLE NO. 16
* NEW SLOPE GEOMETRY DATA *
NOTE - NO DATA WERE INPUT, SLOPE GEOMETRY DATA
WERE GENERATED BY THE PROGRAM
SlOpe Coordinates -
Point X Y
I .000 470.000
2 36.000 470.000
3 52.000 470.000
4 88.000 470.000
5 118.000 460.000
6 140.000 460.000
TABLE NO. 20
* SHORT-FORM TABLE FOR SEARCH WITH CIRCULAR SHEAR SURFACES *
Center Coordinates of
Critical Circle
Mode X Y
I Fixed Point at 105.000 485.000
X - 118.0
Y ~ 460.0
2 Tangent Line 106.000 486.000
at Y - 456.8
3 Constant Radius 106.000 486.000
of R - 29.2
1-Stage
Factor Side
of Force
Radius Safety Inclin.
28.178 2.337 -11.98
29.178 2.329 -12.08
29.178 2.329 -12.08
TABLE NO. 21
***** 1-STAGE FINAL CRITICAL CIRCLE INFORMATION
X Coordinate of Center 106.000
Y Coordinate of Center 486.000
Radius 29.178
Factor of Safety 2.329
Side Force Inclination -12.08
Number of circles tried
No. of circles F calc. for
178
149
,tee,
L
L
TAaL~ NO. 38
* Final Relultl for Stresses Along the Shear Surface *
* (Results for Criticel Shear Surface in Case of a Search.) *
eeeeeeeeeeeee,eeeekeeeeeeeeeeee,ee,,ee,eeeeeee~eeeeeeeeeteeeeee
SPENCER'S PROCEDURE USED TO COMPUTE FACTOR OF SAFETY
Factor of Safety - 2.329 Side Force Inclination - -12,08 Degrees
VALUES AT CENTER OF BASE OF SLICE .........
Total Effective
Slice Normal Normal Shear
NO. X-center Y-center S~ress Stress Stress
I 82.0 469,4 10,2 10.2 87,1
2 82,9 468.1 128.7 128.7 101.7
3 83,9 467.0 249.2 249.2 116.6
4 84,9 465,8 370.4 370,4 131-5
5 86-0 464,8 491.2 491,2 146.4
6 87,2 463.7 610.7 610,7 161,1
7 87,9 463,1 683,3 683,3 170,0
8 88,6 462,6 698,2 698,2 171'.9
9 89,9 461,7 767.2 767,2 180,4
10 91.2 460-9 829,1 829.1 188,0
11 92,5 460,1 883,2 883.2 194,6
12 93.9 459.5 929.0 929.0 200.3
13 95.3 458.9 966.0 966.0 204,8
14 96.7 458,4 993.8 993.8 208,3
15 98,2 457.9 1012,0 1012,0 210,5
16 99,6 457,5 1020.2 1020.2 211.5
17 101,1 457.2 1018.0 1018,0 211,2
18 102,7 457,0 1005,0 1005,0 209,6
19 104,2 456,9 981.0 981,0 206.7
20 105,5 456,8 952,3 952,3 203,2
21 106,8 456.8 913,9 913,9 198,4
22 108,3 456,9 858.3 858,3 191,6
23 109,8 457.1 790,3 790,3 183,2
24 111,3 457.3 709,5 709,5 173,3
25 112,8 457.6 615,5 615,5 161,7
26 114,3 458,0 507,8 507,8 148.4
27 115,7 458,5 385,6 385,6 133,4
28 117.2 459.1 248,2 248,2 116,5
29 117,9 459.4 167,4 167,4 106,5
30 118,6 459,7 119.2 119,2 100,6
CHECK SUMS - (ALL SHOULD BE SMALL)
SU~ OF FORCES IN V~RTICAL DIRECTION
SHOULD NOT EXCEED .100E+03
SUM OF FORCES IN HORIZONTAL DIRECTION
SBOULD NOT EXCEED ,100E+03
SU!4 OF MOMENTS ABOUT COOP~II~ATX ORIGIN
SHOULD NOT EXCEED ,100E+03
SHEAR STRXNGTH/SKEAR FORCE CHECK-SUN
SBOULD NOT EXCEED ,100E+03
,00 (' .575E-03)'
· 00 (' .127E-02)
2.24 (" .224E+01)
*..00 (i .226E-03)
SECTION TSP
TRENCH SAFETY PLAN
TO BE PROVIDED BY SUCCESSFUL
BIDDER AFTER AWARD OF CONTRACT