ST9902-CS051025 ;. QQ_~_WWNER'S DECISIONS
The Owner shall, within a reasonable time after their presentation to him, make decisions m
writing on all claims of the Contractor and on all other matters relating to the execution and
progress of the Work or the interpretation of the Contract Documents.
L L_._AANDS FOR WORK
The Owner shall provide as indicated on the Plans for this Project, or by separate instrument,
the lands upon which the Work under this Contract is to be done, right-of-way for access to
same, and such other lands which are designated on the Plans or in the Specifications for the
use of the Contractor. Such lands and rights-of-way shall be adequate for the performance of
the Contract. Should the Contractor be delayed as the result of lack of access, this shall be
cause for an extension of time but not for additional cost.
The Contractor shall provide at his own expense and without liability to the Owner any
additional land and access thereto that may be required for temporary construction facilities.
8. CLEANING UP
The Contractor shall remove at his own expense daily, all temporary structures, rubbish and
waste materials resulting from his operations. These requirements shall not apply to property
used for permanent disposal of rubbish or waste materials in accordance with permission of
such disposal granted to the Contractor by the Owner thereof.
AWARD AND EXECUTION OF CONTRACT
For the purpose of award, each bid submitted shall consist of two parts whereby:
Standard Bid (A) = The correct summation of the products of the estimated quantities
shown in the proposal, multiplied by their bid unit prices
Time Bid (B) = (CD x Daily Value) = the product of the number of calendar days (CD)
provided by the Contractor and the Daily Value established by the Town.
For purposes of this Contract, the ~~
The lowest evaluated bid (Total Bid) will be determined by the Town as the lowest sum of
Standard Bid (A) plus Time Bid (B) according to the following formula:
Total Bid = Standard Bid (A) + Time Bid (B)
Time Bid (B) from the preceding formula will not be used to determine final payment to the
Contractor. All payments will be based on actual quantities and bid unit prices.
The Town desires to expedite construction on this contract to minimize the inconvenience to
the traveling public and to reduce the time of construction. In order to achieve this, an
incentive - ~sincentive provision is established for the contract. The total incentive
Payment ~~~ A bid with more than 400 days will be considered
n~on-msponsive and will be reiected.
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WA..~_ARD AND EXECUTION OF CONTRACT
In the event the Contractor completes the contract prior to the expiration of the Original
Contract Time, the Town will pay the Contractor an incentive payment of the Daily Value
amount specified in provision 29 for each calendar day the actual completion date,~recedes
the Original Contract Time and subject to the conditions set forth below. The term Original
Contract Time" as used in this Provision will mean the number of calendar days established
by the Contractor for completion of the work of the Contract on the date the Contract was
executed. The term "calendar day" as used in this Article will mean every day shown on the
calendar. Calendar days will be consecutively counted from commencemen~ of Contract
Time regardless of weather, weekends, holidays, suspensions of Contractors operations,
delays or other events as described heroin. For purposes of the calculation and the
determination of entitlement to the incentive payment stated above, the Original Contract
· Time will not be adjusted for any reason, cause or circumstance whatsoever, regardless of
fault, save and except in the instance of a catastrophic event (i.e., war, invasion, riot, declared
. state of emergency, national strike, or other situations as declared by the Town of Addison).
The parties anticipate that delays may be caused by or arise from any number of events
during the course of the Contract, including, but not limited to, work performed, work
deleted, change orders, supplemental agreements, disruptions, differing site conditions, utility
conflicts, design changes or defects, time extensions, extra work, right of way issues,
permitting issues, actions of suppliers, subcontractors or other contractors, actions by third
parties, shop drawing approval process delays, expansion of the physical limits of the project
to make it functional, weather, weekends, holidays, suspensions of Contractor's operations,
or other such events, forces or factors sometimes experienced in roadway construction work.
Such delays or events and their potential impacts on performance by the Contractor are
specifically contemplated and acknowledged by the parties in entering into this Contract, and
shall not extend the Original Contract Time for purposes of calculation of the incentive
payment set forth above. Further, any and all costs or impacts whatsoever incurred by the
Contractor in accelerating the Contractor's work to overcome or absorb such delays or events
in an effort to complete the Contract prior to expiration of the Original Contract Time,
regardless of whether the Contractor successfully does so or not, shall be the sole
responsibility of the Contractor in every instance.
In the event of a catastrophic event (i.e., war, invasion, riot, declared state of emergency,
national strike, or other situations as declared by the Town of Addison) directly and
substantially affecting the Contractor's operations on the Contract, the Contractor and the
Town shall agree as to the number of calendar days to extend the Original Contract Time so
that such extended Original Contract Time will be used in calculation of the incentive
payment. In the event the Contractor and Town are unable to agree to the number of calendar
days to extend the Original Contract Time, the Town shall unilaterally determine the number
of calendar days to extend the Original Contract Time reasonably necessary and due solely to
such catastrophic event and the Contractor shall have no right whatsoever to contest such
~ determination, save and excepi that the Contractor establishes that the number of calendar
days determined by the Town were arbitrary or without any reasonable basis.
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7ontractor shall have no rights under the Contract to make any claim arising out of this
ttive payment provision except as is expressly set forth in this Provision. As conditions
~dent to the Contractor's entitlement to any incentive the Contractor must:
Actually complete the Contract and obtain final acceptance by the Town prior to
[ation of the Original Contract Time.
!~he Contractor shall notify the Town in writing, within 30 days after final acceptance of
~ontact by the Town, that the Contractor elects to be paid the incentive payment which
~ontractor is eligible to be paid based on the actual final acceptance date, and such
~ten notice shall constitute a full and complete waiver, release and acknowledgment of
~sfacfion by the Contractor of any and all claims, causes of action, issues, demands,
putes, matters or controversies, of any nature or kind whatsoever, known or unknown,
dnst the Town, its employees, officers, agents, representatives, consultants, and their
pective employees, officers and representatives, the Contractor has or may have,
luring, but not limited to, work performed, work deleted, change orders, supplemental
:cements, delays, disruptions, differing site conditions, utility conflicts, design changes or
,iects, time extensions, extra work, right of way issues, permitting issues, actions of
lpliers or subcontractors or other contractors, actions by third parties, shop drawing
royal process delays, expansion of the physical limits of the project to make it functional,
~ather, weekends, holidays, suspensions of Contractor's operations, extended or unabsorbed
!me office or job site overhead, lump sum maintenance of traffic adjustments, lost profits,
~me mark-up on subcontractor work, acceleration costs, any and all direct and indirect
~sts, any other adverse impacts, events, conditions, circumstances or potential damages, on
Ii pertaining to, or as to or arising out of the Contract. This waiver, release and
~.owledgment of satisfaction shall be all inclusive and absolute, save and except any
~utine Town final estimating quantity adjustments.
ould the Contractor fail to actually complete the Contract and obtain final acceptance by
Town prior to expiration of the Original Contract Time, or should the Contractor, having
ely completed the Contract and obtained final acceptance by the Town prior to expiration
~f the Original Contract Time but having failed to timely request the incentive payment for
~y reason, and including but not limited to the Contractor choosing not to fully waive,
Ilelease and acknowledge satisfaction as set forth in (2) above, the Contractor shall have no
fight to any payment whatsoever under this Article. Notwithstanding the Contractor's
~lection or non-election of the incentive under this provision, the disincentive provision
pplies to all circumstances where the work in the Contract is not finally accepted by the
lowable Contract Time.
jShould the Contractor fail to complete the Contract on or before expiration of the Allowable
Contract Time, as adjusted in accordance with the provisions above, the Town shall deduct
from the moneys due the Contractor the Daily Value as shown in provision 29 for each
calendar day completion exceeds the Allowable Contract Time. The term "Allowable
(Contract Time" as used in this Article shall mean the Original Contract Time plus
adjustments pursuant to the statements above. This deduction shall be the disincentive for
the Contractor's failing to timely complete the Contract. This shall be strictly enforced.
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the event the Contractor elects to exercise this incentive payment provision, sl~
Msion conflict with any other provision of the Contract; the Contract shall be ir
ccordance with this provision.
:E OF EXPLOSIVES
~ of explosives will not be allowed.
tOJECT MAINTENANCE
he Contractor shall maintain, and keep in good repair, the improvements covered by these
ans and Specifications during the life of his contract.
~ISPOSAL OF WASTE AND SURPLUS
EXCAVATION
dl asphalt, concrete, rock or excavated material, or other debris shall be removed from the
roperty and the Town of Addison. Any required disposal perm/ts shall be the sole
:sponsibility of the Contractor.
~MOVALS, ADJUSTMENTS AND REPLACEMENTS
~xisting pavements, driveways, curbs, gutters, sidewalks, etc., to be removed to facilitate the
:onstmction of the improvements shall be broken up and disposed of. Care shall be
~xercised to leave a neat, uniform edge or joint at the excavation limits or sections removed
Yhere only portions are to be removed. The Engineer will designate the limits to be
'h'em°ved' .... Where pavements, driveways, curbs, ~utters, sidewalks etc · shall be replaced,
Ken smd replacements shall be to the standard of the, previously removed portion or better.
Ne-sawing of damaged edges will be at the Contractor s expense.
Existing structures such as manholes, inlets, cleanouts, valve boxes, etc. which are not the
property of a private firm or company, or an individual required to move their own property,
shall be adjusted, altered or reset to the required elevation and alignment. New materials and
workmanship necessary shall conform to the requirements of these Specifications covering
the particular Work. Salvaged materials in good condition may be used in rebuilding such
~tmctures, provided the materials are thoroughly cleaned before their use. These items shall
be subsidiary to other bid items unless quantified in the proposal as a separate bid item.
iAll private obstructions which are indicated on the Plans to be moved, will be removed and
?replaced, or moved to new permanent locations by the Contractor, without additional
payment to the Contractor. Any such additional item which the Contractor moves or causes
to be moved for his own convenience shall be at his own expense.
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]_T{ ~ OF ADDISON APPROVAl,
This project is subject to final approval and acceptance by Town of Addison.
TRAFFIC CON_TR.~__OL .
The Contractor shall be responsible for providing traffic control during the construction of
this Project consistent with the provisions set forth in the latest edition of the "Texas Manual
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