Loading...
DR9306-CN 941108I I CONSTRUCTION SPECIFICATIONS AND CONTRACT DOCUMENTS I FOR I I STREAM G-6/BETHEL SCHOOL ROAD I DRAINAGE IMPROVEMENT I DR 93-06 I FOR i THE CITY OF COPPELL Prepared by: I City of Coppell Enginering Department & I O'brien Engineering I I NOVEMBER, 1994 I CITY OF COPPELL CHANGE OR EXTRA WORK ORDER PROJECT: Stream G-6 Drainage Project # DR 93-06 CONTRACTOR: M.A. Vinson Construction Co., Inc. OWNER: City of Coppell CHANGE ORDER NO.: 2 DATE: August 14, 1995 CHANGE OR EXTRA WORK TO BE DONE Item Description Quantity Unit Unit Total # Price ADD 1 Relocation of 8" W/L 1 L.S. 19,775.00 19,775.00 described in proposal dated 8/10/95 $19,775.00 DELETE N/A Total Revision to Contract Amount Previous contract amount $ 230,208.08 Net increase in contract amount $19,775.00 Revised contract amount $249,983.08 Net increase in contract time of completion 20 CD Revised Contract time of completion 195 CD 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. Recommended b~the City Engineer: Agreed to by thxe Contractor: (.~///.~. ~ O"~...~:~..,.~ /2~'<:~,. Date: Accepte~by the Owner: P.O. Box 478 Coppell, Texas 75019 The City With A Beautiful Future 214-462-0022 P.O. Box 478 Coppell, Texas 75019 August 18, 1995 Mr. Roy Hynds M.A. Vinson Construction Co. Inc. P.O. Box 185577 Fort Worth, Texas 76181 RE: Stream G-6 Drainage Project # DR 93-06 Dear Roy, Enclosed is your executed copy of the Change of Work Order # 2 on the referenced project. This change addresses the relocation of an 8 inch water line located behind the north curb of Bethel Road and includes all labor, material, equipment, etc. necessary to safely accomplish the work. If you have any questions, please call at your earliest convenience. Thank you, Construction Inspector PRODUCER THIS CERTIFICATE IS ISSUED AS A MA'FI'ER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE TUCKER AGENCY, iNC. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. 0. BOX 11428 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE FT. t, JORTH, TX 76110 COMPANY (817) 921-1433 A VALLEY FORGE INSURANCE COHPANY INSURED COMPANY M.A. VINSON CONSTRUCTION CO., INC. B TEXAS 14ORKERS CONP iNS FUND P.O. BOX 185577 COMPANY FORT NORTH, TX 76181 C COMPANY I D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POUCY NUMBER POUCY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MM/DD/YY) DATE (MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 A X COMMERCIAL GENERAL LIABILITY 1031212144 10/:~1/94 10/31/95 PRODUCTS - COMP/DP AGG $ 1,000,000 i I CLAIMS MADE ~-] OCCUR PERSONAL & ADV INJURY $ 1,000,000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) $ 50,000 MED EXP (Any one person) $ 5,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ; ANY AUTO 1,000,000 A X ALL OWNED AUTOS 1031212130 10/31/94 10/31/95 BODILY INJURY I SCHEDULED AUTOS (Per person) $ A X HIRED AUTOS BODILY INJURY A X NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ 1,000,000 A X UMBRELLA FORM 1031212158 10/31/94 10/31/95 AGGREGATE $ 1,000,000 OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND STATUTORY UMITS :: .": :: ::': EMPLOYERS' LIABILITY EACH ACCIDENT $ 100,000 S THE PROPRIETOR/ [] INCL TS F 128836- 00 11 / 11/94 11 / 11/95 DISEASE- POLICY LIMIT $ 500,000 PARTNERS/EXECUTIVE OFFICERS ARE:I I EXCL DISEASE - EACH EMPLOYEE $ 100,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS RE: STREAt4 G-6/BETHEL SCHOOL ROAD DRAINAGE INPROVENENT DR 03-06 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAiL CiTY OF COPPELL 30 DAYS WRITEEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, KEN GE IFF IN, PE, ASST.HNG BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY P.O. BOX 478 OF ANY KIND UPON TIlE COMPANY, ITS AGi~NTS OR REPRESENTATIVES. COPPELL, TX 75019 PRODUCER THIS CERTIFICATE IS ISSUED AS A MA'I-I'ER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Tucker Agency, Inc. HOLDER. THiS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. BOX 11/+28 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE FT. WORTH, TX 76110 COMPANY (817) 921-1433 A VALLEY FORGE INSURANCE COMPANY INSURED COMPANY CITY OF COPPELL B P.O. BOX /+78 COMPANY COPPELL, TX 75019 C COMPANY I D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POUCY NUMBER POUCY EFFECTIVE POLICY EXPIRATION LIMrr~ LTR DATE (MM/DB/VY) DATE (MM/DD/YY) GENERAL LIABIUTY GENERAL AGGREGATE $ 2,000,000 COMMERCIAL GENERAL LIABIUTY PRODUCTS- COMP/DP AGG $ I, 000, I CLAIMS MADE II OCCUR PERSONAL & ADV INJURY $ 1,000,00(] A X OWNER'S & CONTRACTOR'S PROT B I NDER 11/28/g4 11/28/g5 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) $ 50,00O MED EXP (Any one person) $ 5,00(] AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTO~ (Per person) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND ] STATUTORY LIMITS EMPLOYERS' MABlUTY EACH ACCIDENT $ THE PROPRIETOR/ I I INCL DISEASE - POLICY LIMIT $ PARTNERS/EXECUTIVE OFFICERS ARE: EXCL DISEASE - EACH EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS RE: STREAM G-6/BETHEL SCHOOL ROAD DRAINAGE IMPROVEMENT DR 93-06 M.A. VINSON CONSTRUCTION AS AN ADDITIONAL INSURED. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPAHY WILL ENDEAVOR TO MAIL M.A. VINSON CONSTRUCTION CO 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, P .O. BOX 185577 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY FORT t4ORTH, TX 76181 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. DATE: October 20, 1994 ADDENDUM NO.: ONE (1) -~ PROJECT: STREAM G-6/BETHEL gCHOOL ROAD DRAINAGE IMPROVEMENTS (DR 93-06) BID DATE/TIME: October 26, 1994 @ 10:00 am 1. Section 1 - Supplementary Conditions of the Agreement ARTICLE 5- BONDS AND INSURANCE . ~. SC-5.1. Add: BID SECURITY: A cashier's check or an' .acceptable Bidder's Bond payable to the City of Coppell in an amount of not less than fiv~ percent (5%) of the largest possible total of the bid submitted must accompany the 'bid,..and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten (10) days after the contract has been awarded. Bids without check or bid bond will not be considered. All bid securities will be returned to the respective bidders within ten (10) days after bids are opened, except those which the Owner 61ects to hold until the successful bidder has executed the contract. Thereafter, all remaining securities, including security of the successful bidder, will be returned within ten (10) days after the contract is awarded. NOTES FROM THE PRE-BID CONFERENCE: 2. Bid Opening changed from October 26, 199.4 to October 31, 1994 at 10:00 a.m. 3. Precast box culvert beneath Bethel School Road. is an acceptable alternative to cast in place. Prior approval of the precast box culvexk 'specifications will be required. 4. Note//14 in the construction plans should .b,e de. le. ted. Sodding will be required as per the specifications. 5. Under no circumstances will the City allow ~he closure of Bethel School Road. A minimum of one lane with flagmen will be required at all times. Safe two-way traffic will be required after hours. DATE: October 28, 1994 ADDENDUM NO.: TWO (2) PROJECT: STREAM G-6/BETHEL SCHOOL ROAD DRAINAGE IMPROVEMENTS (DR 93-06) BID DATE/TIME: October 31,1994 @ 10:00 am 1. What is the thickness of the pavement for Bethel School Road? Seven inch 2. Will lime subgrade stabilization under the concrete pavement be required? Yes, with an option to use six inch compacted flex base. 3. How is the removal and replacement of the sidewalk adjacent to Bethel School Road paid for? Subsidiary to other work. 4. Does the City have a detail of the metal guard rail? Plans show to match existing. 5. Is the City sure there is no conflict with the sanitary sewer manhole in Bethel School Road and the proposed 10'x6' box culvert? No, but it appears there is sufficient clearance. 6. How is the removal of the shrubs from Station 8+25 to Station 11+60 paid for? Are these shrubs supposed to be replaced by the Contractor? If so, how will they be paid for? Subsidiary to other work. No replacement unless damaged through negligence. 7. Are the entire treated timber planter walls supporting the previously mentioned shrubs to be removed? Not intentionally. Channel section will fit between timbers and rock wall. 8. What kind of grading and clearing do we have to perform to install the 18" rip-rap at Station 0 + 007 Based on bid quantities 2500 S.F. x 2.5' Rip-rap is 37.5' long, approximately 113' wide @ Sta. 0+00 and 20' wide at Sta. 0+37.5. 9. Is there any available access using the utility easement which crosses Sta. 0+50? Yes 10. How does the Gabion Wall tie-in to the existing masonry wall at Sta. 10+007 Plan to grout the voids along the back edge of the gabion, approximately 30'. Page 2 Addendum 2 DR 93-06 11. Which 37 trees are designated for removal? I'd like to know the diameters and the locations. The trees range in size from 4" to approximately 18" and are pretty evenly distributed from the box culvert northward. 12. What is the smallest diameter of tree the City will pay for under the tree removal item? Four inch and smaller including stumps. 13. Please define heavy equipment? Any self propelled equipment. 14. Will landscaping removed during construction have to be replaced other than the grass? Not unless damaged through negligence. 15. a. What is the City's budget for this project? I heard $200,000 from a property owner. b. If the low bid is over the City's budget, will a contract be awarded? Funds are available to construct the project. Any award is subject to City Council approval. 16. Are the gabions galvanized or PVC coated? The gabion baskets are galvanized. Construction will include 2" diameter weep holes every 20' along the pilot channel curb. TABLE OF CONTENTS Notice to Bidders 1 Instructions to Bidders 2-11 Proposal 12-20 Standard Form of Agreement 21-26 Supplementary Conditions 27-36 Specific Project Requirements 37-43 Special Provisions to Standard Specifications for Construction 44-47 Description of Pay Items 49-51 Standard General Conditions of Construction Contract Contract Instruments Agreement Contractor's Payment Bond Contractor's Performance Bond Addendum 1 and 2 SECTION 1 - BIDDING AND CONTRACT DOCUMENTS NOTICE TO BIDDERS The City of Coppell is accepting bids for Stream G-6/Bethel School Road Drainage Improvements - DR 93-06. Specifications may be obtained from the Purchasing Agent, 255 Parkway Blvd., Coppell, Texas, or telephone (214) 462-0022. Sealed bids addressed to the Purchasing Agent, City of Coppell, Texas, for Stream G-6/Bethel School Road Drainage Improvements - DR 93-06 will be received in the Purchasing Office at the City of Coppell Town Center, 225 Parkway Boulevard, until 10:00 a.m. on October 26, 1994, and then publicly opened and read aloud. Each Bidder shall submit two identical copies of this bid with the City of Coppell Bid No. Q 1094-01 designated clearly on the exterior of the bid envelope. There will be a "Pre-bid" Conference conducted on October 20, 1994 at 2:00 p.m. in the Coppell Town Center, 255 Parkway Boulevard in the 1st floor conference room. The Owner reserves the right to reject any or all bids and to waive formalities. Unreasonable or unbalanced unit prices will be considered sufficient cause for rejection of any bid or bids. The Owner reserves the right to accept the alternate bid of a Contractor that did not submit the lowest base bid. 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 documents 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. -' NO SALES TAX ON TANGIBLE PERSONAL PROPERTY INCORPORATED INTO OR MADE A PART OF THE PROJECT. The bidder shall not include or provide for sales tax on tangible personal property to be incorporated into the project. (Note: This procedure may not -" be used, however, for materials which do not become a part of the finished product, such as, equipment rental or purchase, form materials, etc.). In order to be exempt from the sales tax on such tangible personal property, the contract shall separate and provide separate charges for materials to be incorporated into the project from charges for labor. The City will provide the Contractor with an exemption certificate for the materials. The contractor is expected to issue _ a resale certificate in lieu of paying a sales tax at the time of purchase. The bidder shall show the cost of materials (tangible personal property) in the space provided on the bid form. The successful bidder's bid form will be used to develop a separated contract and determine the extent of the tax exemption. Bidding and Contract Documents BIDDING AND CONTRACT DOCUMENTS -' INSTRUCTIONS TO BIDDERS 1. Defined Terms. Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (EJCDC Document 1910-8, 1983 ed.) and the Supplementary Conditions of Agreement have the meanings assigned to them in these 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 Bidder to whom the Owner (on the basis of the Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Notice to Bidders, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of bids). Specific defined terms are: Owner: Wherever the word "OWNER" is used in the specifications and Contract Documents, it shall be understood as referring to the City of Coppell, Texas. Engineer: Wherever the word "ENGINEER" is used in the specifications and Contract Documents, it shall be understood as referring to the City Engineer or his authorized -. representative, City of Coppell, P.O. Box 478, Coppell, Texas 75019. Inspector: The authorized representative of the City of Coppell assigned to observe and -. inspect any or all parts of the work and the materials to be used therein. 2. Scope of Work. This project is generally located along Stream G-6 north and south of Bethel School Road. Generally, the project shall consist of the following: installation of a 10'x6' Box - Culvert with wing walls and apron; about 400 L.F. of concrete pilot channel; about 260 C.Y. of Gabion retaining wall; grading and sodding of about 2300 L.F. of earthen channel; and other incidentals to complete the work. The work shall be as shown on the -- construction plans (DR 93-06) and shall consist of furnishing all labor, equipment, tools and incidentals necessary to complete the work as described in the plans and specifications. 3. Copies of Bidding Documents. 3.1 Complete sets of the Bidding Documents may be obtained for a nonrefundable $15.00 cost from the Purchasing Agent at the office of the City of Coppell, 255 Parkway ._ Boulevard, Coppell, Texas. The following general requirements pertain to the Bidding Documents: -- 2 Bidding and Contract Documents A) No bidding documents will be issued later than two (2) days prior to the bid opening date. B) After award of the Contract, the successful Bidder will be furnished five (5) sets of Contract Documents at no charge. Additional sets over five (5) will be -' furnished for $15.00 per set. C) Bidding documents may be examined free of charge at the offices of the City Engineer, City of Coppell, 255 Parkway Boulevard, Coppell, Texas. 3.2 Complete sets of Bidding Documents 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. No partial sets of plans, specifications or _ proposal forms will be issued. 3.3 The Owner, in making copies of Bidding Documents available on the above terms, does _ so only for the purpose of obtaining Bids on the Work and does not confer a license or grant for any other use. ._ 4. Qualifications of Bidders. The Bidder shall submit within five (5) days of the Owner's request such evidence as the -- Owner may require to establish his financial responsibility, experience and possession of such equipment as may be needed to prosecute the work in an expeditious, safe and satisfactory manner. The required information to be submitted shall consist of, but shall -- not necessarily be limited to, the following: A. Current Project Experience. A list of all projects presently under construction by the bidder including approximate cost and completion date shall be submitted upon request. B. Past Project Experience. The Bidder shall submit a list of comparable projects completed within the previous five years including approximate cost(s), quantities, and completion date(s). C. Equipment. The Bidder shall provide a list of equipment which will be used on this project. The Bidder shall demonstrate that he has adequate equipment to complete this project, properly and expeditiously and shall state what additional equipment, if Bidding and Contract Documents any, that he must rent/lease as may be required to complete this project. D. Financial. Each Bidder shall be prepared to submit upon request of the Owner a balanced financial statement with no evidence of threatening losses as evidenced by an audited certified financial statement (current within the last six (6) months of bid _ date). This information will be used to confirm that the Bidder has suitable financial status to meet obligations incidental to performing the work. _ E. Technical Experience. The Bidder shall demonstrate to the satisfaction of the Owner that he has the technical experience to properly complete this project. F. Proof that the bidder maintains a permanent place of business. 5. Conflict of Interest. -- City Charter states that no officer or employee of the City shall have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, or rights or interest in any land, -- materials, supplies or services. This prohibition does not apply when the interest is represented by ownership of stock in a corporation involved, provided such stock ownership amounts to less than one percent (1%) of the corporation stock. Any violation ~- of this prohibition will constitute malfeasance in office. Any officer or employee of the City found guilty thereof should thereby forfeit his office or position. Any violation of this prohibition with the knowledge, expressed or implied, of the persons or corporations .... contracting with the City shall render the contract voidable by the City Manager or the City Council. The Contractor represents that no employee or officer of the City has an interest in the Contractor. 6. Examination of Contract Documents and Site. -- 6.1 Access to the site shall be from Bethel School Road. Additional points of access shall be secured by the contractor, if needed. Prospective Bidders shall respect all __ improvements. 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 furnishing 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. Failure to make these examinations shall in no way relieve any Bidder from the responsibility of fulfilling all of the terms of the -- 4 Bidding and Contract Documents contract, without additional cost to the OWNER. 6.2 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to the __ Owner by Owners of such underground Facilities or others, and the Owner does not assume responsibility for the accuracy or completeness thereof. All existing structures, improvements, and utilities shall be adequately protected, at the expense of the _ Contractor, from damage that might otherwise occur due to construction operations. Where construction comes in close proximity to existing structures or utilities, or if it becomes necessary to move services, poles, guy wires, pipe lines, or other obstructions, __ it shall be the Contractor's responsibility to notify and cooperate with the utility or structure owner. The utility lines and other existing structures shown on the plans are for information only and are not guaranteed by the City to be complete or accurate as to -~ location and/or depth. It shall be the Contractor's responsibility to verify locations and depths sufficiently in advance of construction such that necessary adjustments may be made to allow for the proper installation. The Contractor shall be liable for damage to -- any utilities resulting from the construction of this project. 6.3 Before submitting 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 otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract -' Documents. 6.4 On request in advance, Owner will provide each Bidder access to the site to conduct -- 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 conditions upon completion of such explorations. 6.5 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. _. 6.6 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 6, 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 sufficient in scope and detail to indicate and convey -- understanding of all terms and conditions for performance and furnishing of the Work. 5 Bidding and Contract Documents 7. Interpretations and addenda. 7.1 All questions about the meaning or intent of the Contract Documents are to be directed to the Purchasing Agent. Interpretations or clarifications considered necessary by the Purchasing Agent in response to such questions will be issued by Addenda mailed or delivered to all bidders recorded as having received the Bidding Documents. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Each Bidder shall acknowledge on the bid proposal that all Addenda issued have been received. 7.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by the Owner. 8. Contract Time. 8.1 The time for completion in calendar days should be included on the Bid Form in the space provided. All work shall be complete within the calendar day count required by the Contractor's Proposal. The calendar day count shall commence ten (10) calendar days after the date of the Notice to Proceed. 8.2 Prior to the issuance of the Notice to Proceed by the Owner, the Contractor shall submit a detailed Progress and Schedule chart to the Owner for approval. 8.3 Extension of the contract time shall be based on a Change Order or written amendment as specified in Article 12 of the General Conditions. 9. Liquidated Damages. Provisions for liquidated damages are set forth in the Contract. Liquidated damages for this project are: Two hundred forty dollars ($240.00) per calendar day. 10. Substitute or "Or-Equal" 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-equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or-equal" item of material 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. No substitutions should be considered during the bidding process. Bidding and Contract Documents 11. Subcontractors, Suppliers, and Others. -' 11.1 If the Owner requests the identity of any Subcontractors, Suppliers, or other persons or organizations to be submitted to the Owner in advance of the specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within seven (7) days after the request submit to the Owner a list of all such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such 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 the Owner. The Owner, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, other person or organization, 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. Bidder's Bid price may be increased (or decreased) by the difference in cost occasioned by such substitution, and the Owner may consider _ such price adjustment in evaluating Bids and making the contract award. If the apparent Successful Bidder declines to make any such substitution, the Owner may _~ award the contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any -- Bidder. 11.2 No Contractor shall be required to employ any Subcontractor, Supplier, other person or -- organization against whom Contractor has reasonable objection. 12. Bid Proposal. 12.1 Two (2) completed Bid Proposals must be submitted in a sealed envelope as described in Item 15. The blank spaces in the Bid Form shall be filled in for each item for which -- a quantity is given and the Bidder shall state the price for which he proposes to do each item of work. All blanks on the bid form must be completed in ink or typed. No substitutions, revisions, or omissions from the plans and/or specifications will be -' accepted unless authorized in writing by the Owner. 12.2 The legal status of the Bidder, that is, as a corporation, partnership, or individual, must be stated on the Bid Form. A corporation Bidder must name the state in which the organization is chartered. Bids which are signed for a corporation shall have the correct _ corporate name thereof, its post office address, and the signature of the president or other authorized officer of the corporation, manually written below the corporate name in the following manner: "By " - 7 Bidding and Contract Documents If the bid is made by an individual, his post office address shall be given. Bids which are not signed by the individuals making them shall have attached thereto a power of attorney evidencing authority to sign the bid in the name of the person for whom it is signed. If the bid is made by a firm or partnership, the name and post office address of the managing member of the firm or partnership shall be given or the bid may be signed by an attorney-in-fact. If signed by an attorney-in-fact, there shall be attached to the bid a power of attorney evidencing authority to sign the bid, executed by the members of the firm or panners. 13. Provision Concerning Escalator Clauses. Bids containing any condition which provides for changes in the stated bid prices due to increase or decrease in the costs of materials, labor, or other items required for this project, may be rejected and returned to the Bidder without being considered. 14. Estimates of Quantities. The quantities listed in the Bid Form will be considered as approximate and will be used for the comparison of bids. Payments will be made to the Contractor only for the actual quantities of work performed or materials furnished in accordance with the contract. The quantity of work to be done and the materials may be increased or decreased as provided for in the Contract Documents. -- 15. Submission of Bids. Bids will be received by the Purchasing Agent, and shall be submitted to the Purchasing Agent, -- City of Coppell, at the Town Center, 255 Parkway Boulevard, P.O. Box 478, Coppell, Texas 75019 until 10:00 a.m. on October 26, 1994, and then publicly opened and read aloud. Two identical copies of the bid enclosed in an opaque sealed envelope and marked with the Project title and the name and address of the Bidder shall be submitted. 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 STREAM G-6/BETHEL SCHOOL ROAD DRAINAGE IMPROVEMENTS - DR 93-06" on the face of it and addressed to the Purchasing Agent, City of Coppell, Texas. 16. Modification and Withdrawal of Bids. 16.1 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. Bidding and Contract Documents 16.2 If, within twenty-four hours after the Bids are opened, any Bidder files a duly signed written notice with the Owner and promptly thereafter demonstrates to the reasonable -' satisfaction of Owner that there was a material and substantial mistake in the preparation of the Bid, that Bidder may withdraw his bid. Thereafter, that Bidder will be disqualified from further bidding on the work. 17. Rejection of Bids. Bids may be rejected if they show alterations of form, additions not called for, conditional bids, incomplete bids, erasures or irregularities of any kind. The Owner reserves the right to waive any irregularities in the bids as received and to reject any and all bids without qualification(s). More than one bid from an individual, firm or partnership, corporation or association, under the same or different names, will not be considered. Reasonable grounds for believing that a Bidder is interested in more than one such bid may cause the rejection of all bids in which said Bidder is interested. Bids in which prices are obviously unbalanced may be rejected. 18. Bids to Remain Subject to Acceptance. All Bids will remain subject to acceptance for ninety (90) days after the day of the Bid opening, but the Owner may, in its sole discretion, release any Bid prior to that date. -- 19. Award of Contract. 19.1 The Owner reserves the right to reject any and all Bids, to waive any and all -- informalities except for the time of submission of the Bid and to negotiate contract terms with the Successful Bidder. The Owner also reserves the right to reject all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, the Owner -. reserves the right to reject the Bid of any Bidder if the 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 responsive or the Bidder is unqualified or has doubtful financial ability or - fails to meet any other pertinent standard or criteria established by the Owner. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of - figures and the correct sum thereof will be resolved in favor of the correct sum. 19.2 In evaluating Bids, the owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, completion time, and other data, as may be requested in the Bid form or prior to the Notice of Award. -- 9 Bidding and Contract Documents 19.3 The Owner may consider the qualifications and experience of any Subcontractors, Suppliers, or other persons or 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 requested by the Owner. The 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 prior to the Notice of Award. 19.4 The Owner may conduct such investigations as the owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial _ stability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to the Owner's satisfaction within the prescribed time. 19.5 If contract is to be awarded, it will be awarded to the lowest and best qualified Bidder whose evaluation by the Owner indicates to the Owner that the award will be in the best _ interests of the Project. 19.6 If the contract is to be awarded, the Owner will give the Successful Bidder a Notice of _ Award within ninety (90) days after the date of the Bid opening. 20. Execution of Agreement. Within fifteen (15) days after written notification of award of the contract, the Successful Bidder shall execute and furnish to the Owner three (3) original signed contracts and a -. Certificate of Insurance. 21. Affidavit of Bills Paid. Prior to final acceptance of this project by the Owner, the Contractor shall execute an affidavit that all bills for labor, materials, and incidentals incurred in the project -- construction have been paid in full, and that there are no claims pending. 22. Bid Compliance. Bid must comply with all Federal, State, county and local laws. Contractor shall not hire nor work any illegal alien. 23. Notice to Proceed. Upon execution of the Contract, the Owner will issue a written Notice to Proceed to the _ Contractor requesting that he proceed with the construction. The Contractor shall commence work within ten (10) calendar days after the date of Notice to Proceed. - 10 Bidding and Contract Documents 24. Sales Tax. -- The bidder shall not include or provide for sales tax on tangible personal property to be incorporated into the project. In order to be exempt from the sales tax on such tangible personal property, the contract shall separate and provide separate charges for materials -- to be incorporated into the project from charges for labor. The City will provide the Contractor with an exemption certificate for the materials. The contractor is expected to issue a resale certificate in lieu of paying a sales tax at the time of purchase. The bidder shall show the cost of materials to be incorporated into the contract (tangible personal property) in the space provided on the bid form. The successful bidders bid form will be used to develop a separated contract and will determine the extent of the tax exemption. Upon execution of the construction contract, the successful bidder shall provide a per item breakdown of 1) materials incorporated into the project; and 2) labor, _~ equipment, supervision and materials not incorporated into the project. 25. Silence of Specification. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement by Owner or their authorized representative. 26. Change Orders. -- No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All change orders to the contract will be made in writing by the Owner. 27. Assignment. The Successful Bidder shall not sell, assign, transfer or convey this contract, in whole or in part, without the prior written consent of Owner. - 28. Venue. This agreement will be governed and construed according to the laws of the State of -- Texas. This agreement is performable in Dallas County, Texas. -- 11 Bidding and Contract Documents BIDDING AND CONTRACT DOCUMENTS -- BID FORM PROJECT IDENTIFICATION: Stream G-6/Bethel School Road Drainage Improvements - DR -- 93-06 in Coppell, Texas. BID OF N, /~. V { INS O1'~ DATE -' (NAME OF FIRM) THIS BID IS SUBMITTED TO:City of Coppell (hereinafter called OWNER) c/o Purchasing Agent 255 Parkway Boulevard P.O. Box 478 Coppell, Texas 75019 _ CITY OF COPPELL BID NO: ~ I 0 q ~ - 0 [ 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 Price 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. This Bid will remain subject to acceptance for ninety (90) days after the day of Bid opening. BIDDER will sign and submit the Agreement with other documents required by the Bidding Requirements within fifteen -- (15) 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: (a) BIDDER has examined copies of all the Bidding Documents and of the following -' Addenda (receipt of all which is hereby acknowledged): Date: Rec'd: (b) BIDDER has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and -- 12 Bidding and Contract Documents Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. (c) BIDDER has studied carefully all reports and drawings of subsurface conditions _~ contained in the contract documents and which have been used in preparation of the contract documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such reports, but not upon nontechnical data, __ interpretations or opinions contained therein or for the completeness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence, CONTRACTOR shall have full responsibility with respect to subsurface conditions at site. BIDDER has studied carefully all drawings of the physical conditions in or relating to existing surface or subsurface structures on the site, which are contained in the contract documents and which have been utilized 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. Except as indicated in the immediately preceding sentence, CONTRACTOR shall have full responsibility with respect to - physical conditions in or relating to such structures. (d) 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 (c) 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 of the Work at the Contract Price, within the Contract Time and in accordance with the other - terms and conditions of the Contract Documents; and no additional examinations, investigations, explorations, tests reports or similar information or data are or will be required by BIDDER for such purposes. (e) 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 furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. (f) BIDDER has correlated the results of all such observations, examinations, _ investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. - 13 Bidding and Contract Documents (g) BIDDER has given ENGINEER written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written -- resolution thereof by ENGINEER is acceptable to BIDDER. (h) 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. _ (i) It is understood and agreed that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. (j) It is understood and agreed that the quantities of work to be done at unit prices and materials to be furnished may be increased or diminished as may be _ considered necessary in the opinion of the OWNER to complete the work fully as planned and contemplated, and that all quantities of work, whether increased or decreased, are to be performed at the unit prices set forth, except as provided _ for in the Contract Documents. 4. It is understood and agreed that all work under this contract will be completed within the -- bid calendar days. Completion date will be established in the Notice to Proceed. 5. BIDDER will complete the Work for the following price(s): -- 14 Bidding and Contract Documents UNIT PRICE BID SCHEDULE STREAM G-6/BETHEL SCHOOL ROAD DRAINAGE IMPROVEMENTS DR 93-06 BASE BID Item Quantity Unit Description and Price in Words ['nit Total No. Price Price 1 64.11 L.F. 10'X6' Box Culvert with wing walls and apron Complete in Place and tu,a,~4-~, "" Cents per L.F. 2 543 S.Y. Reinforced Concrete Pilot Channel with 6" curb Complete in Place and 7"~,,~, ,. Cents ' per S.Y. 3 260 C.Y. Gabion Retaining Wall including connection to wing walls Complete in Place , 3ct, 7to.oo and or> Cents per C.Y. 4 1 Lump Removal and Replacement of Sum Concrete Street (including curb and gutter) Complete in Place.-.. '~'~" and ~o Cents per Lump Sum. r', v'C 5 1 Lump Removal of existing wing wails Sum Complete in Place -F~.'~.w~ F,,~, fi,aa,, 4 Dollars and ~ o Cents per Lump Sum. Bidding and Contract Documents UNIT PRICE BID SCHEDULE - STREAM G-6/BETHEL SCHOOL ROAD DRAINAGE IMPROVEMENTS DR 93-06 BASE BID i~ n Quantity Unit Description and Price in Words Unit Total ~u. Price Price 3-- 3 Each Drainage pipe connections Complete In Place -- and ,~o Cents [, I ~ ,~ .0~ per each. 7 245 C.Y. R~k rip-rap for erosion conffol -- Comple~ In Pla~ ~ ~ Cen~ ,575.00 ]-- 37 ~ch Removal ~ d~l of ~s Comple~ In Pl~ -- aM ~ Cen~ ~r ~ch. Sm ~mpaction Comple~ In PI~ ~ ~ Cenm ~r Lump S~. 1~ 1 ~mp Excavation ~ ~ul-off Sum Complete In Pla~ ~ ~r ~mp ~um. ~ ~ L.F. Metal g~rd rail Complete In Place :~' a~ ~ g4 ~ Cents ~ ~r L.F. ~ 16 Bidding and Con~act ~umen~ k.N'lT PRICE BID SCHEDULE STREAM G-6/BETHEL SCHOOL ROAD DRALNAGE IMPROVENIENTS DR 93-06 BASE BID Item Quantity Unit Description and Price in Words Unit Total Price No. Price 12 5600 S.Y. Sodding Complete In Place ']-~ ,. ,~ ~_ __Dollars 3 '/'''~ and '$ c.~.,,,.a. ,., F,¥,' Cents per S.Y. 13 820 L.F. Underground drainage system Complete In Place i~o~r ~t' ° ,,o Dollars and "l'-to,.,o4-. t=,¢~-~ Cents /.Z.?~_,.2 per L.F. TANGIBLE PERSONAL PROPERTY COST Signature: ~ 17 Bidding and Contract Documents BID SU*IMARY TOTAL PRICE CALENDAR DAYS ..d' .-/, o~ TOTAL BID ITEMS I THRU 13 In Words: 6. BIDDER agrees that all Work awarded will be completed within 1"/',5 Cale~ dar Days. -- Contract time will commence to run as provided in the Contract Documents. 7. Communications concerning this Bid shall be addressed to the address of BIDDER indicated on - the applicable signature page. 8. BIDDER understands that the Owner is exempt from State Limited Sales and Use Tax on -- tangible personal property to be incorporated into the project. Said taxes are not included in the Contract Price (See Instructions to Bidders). -- 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. The City of Coppell reserves the right to delete any portion of this project as it may deem necessary to stay within the City's available funds. Should the City elect to delete any portion, the contract -' quantities will be adjusted accordingly. -' SUBMITTED on ...q/ 0~d"(d'~ddL'' , 1994. Bidding and Contract Documents -- COUNTY(ies): DALLAS _ ASBE0021C 05/01/1989 Rates Fringes ASBESTOS WORKERS 15.50 3.19 ELEC0059C 06/01/1990 Rates Fringes -- ELECTRICIANS 17.10 1.60+9% CABLE SPLICERS 18.81 1.60+9% ELEC0059D 06/01/1990 Rates Fringes LINEMEN 17.10 1.60+9% ENGI0714A 06/01/1991 -- Rates Fringes CRANES: Heavy - hydraulic & conventional cranes 50 tons and over 14.65 2.60 Light - hydraulic & -- conventional cranes up to 50 tons 13.65 2.60 IRON0481B 01/01/1992 Rates Fringes IRONWORKERS: Reinforcing & Structural 13.61 4.02 PLUM0100B 05/01/1992 Rates Fringes PLUMBERS 17.18 $ 2.63 SHEE0068B 05/01/1990 Rates Fringes SHEET METAL WORKERS 16.905 2.00 _ SUTX2034A 09/18/1991 Rates Fringes HEAVY CONSTRUCTION, INCLUDING TREATMENT PLANTS _ (DOES NOT INLCUDE WATER/SEWER LINES) 20a Bidding and Contract Documents -' TX930034 - 2 CARPENTERS 10.536 CONCRETE FINISHERS 9.603 FORM BUILDERS 8.036 FORM SETTERS 9.578 -- LABORERS: Common 6.379 Utility 6.974 _ PIPELAYERS 7.961 POWER EQUIPMENT OPERATORS: Backhoe 10.971 Bulldozer 9.942 -- Front end loader 10.771 Mechanic 9.880 Motor Grader 11.633 -- Oiler 9.183 Scraper 8.000 TRUCK DRIVERS 7.465 WELDERS: Receive rate prescribed for craft performing operation to which welding is incidental. 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 ~ 20b Bidding and Contract Documents '-- ~ TX930034 - 3 EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the day of in the year 1994 by and between the CITY OF COPPELL, TEXAS, a municipal corporation (hereinafter called OWNER) and M.A. Vinson Construction Company,Inc. (hereinafter called) _. CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: _ Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated int eh Contract Documents. -- The Work is generally described as follows: This project is generally located along Stream G-6 north and south of Bethel School -~ Road. Generally, the project shall consist of the following: installation of a 10'x6' Box Culvert with wing walls and apron; about 400 L.F. of concrete pilot channel; about 260 C.Y. of Gabion retaining wall; grading and sodding of about 2300 L.F. of earthen - channel; and other incidentals to complete the work. The work shall be as shown on the construction plans (DR 93-06) and shall consist of furnishing all labor, equipment, tools and incidentals necessary to complete the work as described in the plans and - specifications. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Stream G-6/Bethel School Road Drainage Improvement DR 93-06 Article 2. ENGINEER. The Project has been designed by: O'brien Engineering Contract administration will be provided by the City of Coppell Engineering Department who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all _ duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 21 Standard Form of Agreement Article 3. CONTRACT TIME. 3.1. The Work will be completed within 175 calendar ..... ,,-,,,-,~,e,~;~ days from the date when the Contract time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions. 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 time 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 daily (but not as a penalty) CONTRACTOR shall pay OWNER Two hundred forty and no/100 dollars ($240.00) for each day that expires after the time specified in paragraph 3.1 for Completion until the Work is complete. Article 4. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds subject to additions and deductions by Change Orders as provided in the contract documents in accordance with the unit prices listed in Section 1 - Proposal and Bid Schedule. The contact sum shall be the amount of $ 213~188.08. The total tangible personal property cost included in the contract sum is Two hundred thirteen thousand, one hundred eighty-eight dollars and eight cents. 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 b3~ ENGINEER as provided in the General Conditions. 5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on or about the day of each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.9 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 22 Standard Form of Agreement 5.1.1. Prior to Completion, progress payments will be made in an amount equal to the percentage indicated below, 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. - 90% of Work completed. 90% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions). 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. _ Article 6. INTEREST. No interest shall ever be due on late payments. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1. 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. 7.2. 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 the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, 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, repons, studies, or similar information or data are or will be required by CONTRACTOR for such purposes. 23 Standard Form of Agreement 7.3. 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 Price, 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. 7.4. 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. 7.5. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. -- Article 8. CONTRACTOR DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1. This Agreement (pages 20 thru 25, inclusive). 8.2. Exhibits to this agreement (pages __to__, inclusive). - 8.3. Certificate of Insurance. 8.4. Notice of Award. 8.5. General Conditions (pages 1 thru 33, inclusive). 8.6. Supplementary Conditions (pages 26 thru 35). 8.7. Specifications bearing the title: "Construction Specifications and Contract Documents for Stream G-6/Bethel School Road Drainage Improvement - DR 93-06 for the City of Coppell". 8.8. Drawings entitled: "Stream G-6/Bethel School Road Drainage Improvement - DR 93-06". 8.9. The following listed and numbered addenda: 24 Standard Form of Agreement 8.10. CONTRACTOR's Bid Proposal and Bid Schedule of Section 1 - Bidding and Contract Documents. 8.11. Documentation submitted by CONTRACTOR prior to Notice of Award (pages to , inclusive). 8.12. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other -- documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.4 and 3.5 of the General Conditions. 8.13. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). 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 of the General Conditions will have the meanings indicated in the General Conditions. 9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the - party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (expect to the extent that the effect of this restriction may be limited by law), and unless -- specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 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. 25 Standard Form of Agreement Article 10. OTHER PROVISIONS. -- IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by - OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on - ,///,~~~ jv , 1994. OWNER: City of Coppell CONTRACTOR: 255 Parkway Boulevard M.A. Vinson Construction Company, Inc. Coppell, TX 75019 P.O. Box 185577 B~/~~ Fort--~,(-'~/~'),,_.___W°rth' Texas 761% _. TITLE: . /"/~ V~/~ TITLE: Cr'e s, ~e 3 dr Address for giving notices: Address for giving notices: -- P.O. Box 478 Coppell, Texas 75019 - Attn: Ken Griffin, P.E. ,~.~~, ('~ Assistant City Manager/City Engineer -- (If OWNER is a public body, attach (If CONTRACTOR is a corporation, attach evidence of authority to sign and evidence of authority to sign.) resolution or other documents -' authorizing execution of Agreement.) 26 Standard Form of Agreement SUPPLEMENTARY CONDITIONS THESE SUPPLEMENTARY CONDITIONS AMEND THE STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT (NO. 1910-8, 1983 ED.) AS INDICATED BELOW. ALL PROVISIONS WHICH ARE NOT AMENDED OR SUPPLEMENTED REMAIN IN FULL FORCE AND EFFECT. ALL PROVISIONS AMENDED REMAIN IN FULL FORCE AND EFFECT AS AMENDED. ARTICLE 1 - DEFINITIONS -. SC-1. Calendar Day or Days: Any successive day or days of the week or month, no days being excepted. Engineer: The word "Engineer" in these contract documents and specifications shall be -- understood as referring to CITY ENGINEER, City of Coppell, P.O. Box 478, Coppell, TX 75019, Engineer of the Owner, or such other representatives as may be authorized by said owner to act in any particular position. Owner: The word "Owner" in these contract documents and specifications refers to the CITY OF COPPELL acting through its authorized representatives. Shop Drawings: Add the following language after the second reference to CONTRACTOR: "after his review and approval of same". All other terms used in these Supplementary Conditions which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1983 ed.) shall have the same meanings used in the General Conditions. ARTICLE 2 - PRELIMINARY MATTERS SC-2.2. Amend the first sentence by changing "ten copies" to be "five copies". SC-2.3. Delete paragraph 2.3 in its entirety and insert the following in lieu thereof: 2.3. The contract time will commence to run on the tenth day after the date of Notice to Proceed. -- 27 Supplementary Conditions SC-2.8. Amend the first sentence of paragraph 2.8 to delete the following: "Within twenty days after the effective date of the Agreement. but". SC-2.9. Amend the first sentence of paragraph 2.9. by adding the following at the beginning of the sentence: "If requested by Owner, Engineer or Contractor". SC-2.10. Add the following new paragraph 2.10 immediately after paragraph 2.09; Conflict of Interest 2.10. City Charter states that no officer of the City shall have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, or rights or interest in any land, materials, supplies or services. This prohibition does not apply when the interest is represented by ownership of stock in a corporation involved, provided such stock ownership amounts to less than one percent (1%) of the corporation stock. Any violation of this prohibition will constitute malfeasance in office. Any officer or employee of the City found guilty thereof should thereby forfeit his office or position. Any violation of this prohibition with the knowledge, expressed or implied, of the persons or corporations contracting with the City shall render the contract voidable by the City Manager or the City Council. The Contractor represents that no employee or officer of the City has an interest in the Contractor. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REVISE SC-3.2. Add the following language at the end of the paragraph 3.2.' "If there is any conflict between the provisions of the Contract Documents and any such referenced standard specifications, manuals or codes, the provisions of the Contract Documents shall take precedence over that of any standard specifications, manuals or codes." ARTICLE 4 - AVAILABILITY OF LANDS: PHYSICAL CONDITIONS: REFERENCE POINTS SC-4.2.1.1. Add the following new paragraph 4.2.1.1 immediately after paragraph 4.2.1.: -' 28 Supplementary Conditions 4.2.1.1. In the preparation of Drawings and Specifications. ENGINEER has established -' and relied upon the following reports of explorations and tests of subsurface conditions at the site of the work: No Geotechnical explorations or tests of subsurface conditions have been performed. The Contractor may take borings at the site to satisfy himself as to subsurface conditions. Add the following new paragraph 4.3.3 immediately after 4.3.2: 4.3.3. Existing Utilities and Sewer Lines: The Contractor shall be responsible for the protection of all existing utilities or service lines crossed or exposed by the construction operations. Where existing utilities or service lines are cut, broken or damaged, the CONTRACTOR shall replace the utilities or service lines with the same type of original construction, or better, at his own cost and expense. - If it is necessary to change or move the property of any owner or of a public utility, such property shall not be moved or interfered with until authorized by the ENGINEER. The right is reserved to the owner of any public utility to enter upon the limits of the project for the -- purpose of making such changes or repairs of their property that may be made necessary by the performance of this contract. SC-4.4.1. Add the following new paragraph 4.4.1 immediately after paragraph 4.4.: 4.4.1. Construction stakes shall be provided by the Contractor as per Item 4.4 of the General Conditions. Vertical control has been established as shown on the construction plans. -- Horizontal control can be established from existing inlets, street intersections or other utilities indicated on the construction plans. The Contractor shall be responsible for establishing all lines and grades, and the precise location of all proposed facilities. The ENGINEER may make ~-- checks as the Work progresses to verify lines and grades established by the Contractor to determine the conformance of the completed Work as it progresses with the requirements of the construction documents. Such checking by the Engineer shall not relive the Contractor of his -' responsibility to perform all Work in connection with Contract Drawings and Specifications and the lines and grades given therein. --' 29 Supplementary Conditions ARTICLE 5 - BONDS AND INSURANCE SC-5.1. Add following sentence: "Maintenance Bond shall be required in the amount of 50% for a 2 year period." SC-5.3. through SC-5.7. Delete sections 5.3 through 5.7 in their entirety and substitute the following in lieu thereof: 5.3. Insurance Required. The Contractor shall not commence work under this contract until he has obtained all insurance required under this paragraph and Item 1.26 of the North Central Texas Standard Specifications for Public Works Construction as amended October 17, 1991, and such insurance has been approved by the City, nor shall the Contractor allow any subcontractor to commence work on this subcontract until all similar insurance of the subcontractor has been so obtained and approved. 5.3.1. Compensation Insurance. The Contractor shall take out and maintain during the life of this contract Worker's Compensation Insurance for all of his employees at the site of the project and in case any work is sublet, the Contractor shall require the subcontractors similarly to provide Worker's Compensation Insurance for all of the latter employees unless such employees are covered by the protection afforded by the Contractor. In case any class of employee engaged in hazardous work under this contract at the site of the project is not protected under the Worker's Compensation statute, the Contractor shall provide and shall cause each subcontractor to provide adequate and suitable insurance for the protection of his employees not otherwise protected. The minimum amount of insurance shall be as follows: Each Accident $100,000 Disease Each Employee $100,000 Disease Policy Limit $500,000 5.3.2. Commercial General Liability Insurance. Contractor shall take out and maintain during the life of this contract such General Liability Insurance (including explosion, collapses and underground damage coverage) as shall protect him and any subcontractor performing work covered by this contract, from claims for damages for personal injury, including accidental death, as well as from claims for property damages, which may arise from operations under this Contract, including blasting, when blasting is done on or in connection with the work of the project, whether such operations be by himself or by any subcontractor or by any one directly or indirectly employed by either of them. The minimum amount of insurance shall be as 30 Supplementary Conditions follows' General Aggregate $1.000.000 Products - Components/ Operations Aggregate $1.000.000 Personal and Advertising Injury $600.000 Each Occurrence $600.000 Fire Damage (any one fire) $50.000 Medical Expense (any one person) $5,000 5.3.3. Automobile Liability Insurance. The Contractor shall take out and maintain during the life of this contract such Automobile Liability Insurance for owned, hired and nonowned vehicles as shall protect him and any subcontractor performing work covered by this contract. The minimum amount of such insurance shall be as follows: Combined Bodily Injury and Property Damage $600,000 per occurrence -- Bodily Injury $250,000 per person Bodily Injury $500,000 per accident Property Damage $100,000 5.4. Protective Liability Insurance. The contractor shall take out and maintain during the life of this contract an owners protective liability insurance policy. Coverage shall be on an "occurrence" basis and the policy shall be issued by the same insurance company that carries the contractors liability insurance. The minimum amount of such insurance shall be as follows: -- Combined Bodily Injury $600,000 per occurrence and Property Damage $1,000,000 aggregate -' 5.5. Proof of Carriage of Insurance. The Contractor shall furnish the City with satisfactory proof of carriage of the Insurance required as required by paragraph 5.8. of the General Conditions. SC-5.8. Amend the first sentence of paragraph 5.8.: (i) by deleting the work "OWNER" in the third line of the first sentence and substituting the word "CONTRACTOR", (ii) by deleting the word "CONTRACTOR" in the seventh line of the first sentence and substituting the word "OWNER", AND (iii) by deleting the words "paragraphs 5.6 and 5.7." of the third line of the first sentence and substituting the words "paragraphs 5.3. and 5.4.". -' 31 Supplementary Conditions SC-5.10. -- Delete paragraph 5.10. in its entirety and insert the following in lieu thereof: 5.10. If OWNER requests in writing that other special insurance be included in the property insurance policy, CONTRACTOR shall, if possible, include such insurance, and the cost thereof will be charged to OWNER by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site. CONTRACTOR shall in writing advise OWNER whether or not such other insurance has been procured by CONTRACTOR. SC-5.11.1. Amend paragraph 5.11.1 to delete reference to paragraphs 5.6. and 5.7. in the 4th line -- and substitute the words "paragraph 5.4. ", and delete the word" OWNER" in the next to last line and substitute the work "CONTRACTOR". SC-5.11.2. Delete paragraph 5.11.2 in its entirety and insert the following in lieu thereof: 5.11.2. CONTRACTOR intends that any policies provided in response to paragraph 5.4 shall protect all of the parties insured and provide coverage for all losses and damages caused by the perils covered thereby. Accordingly, all such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any of the parties named as insured or additional insured, and if such, waiver forms are required of any Subcontractor, CONTRACTOR will obtain the same. SC-5.12. Amend the first sentence of paragraph 5.12 to delete reference to paragraphs 5.6. and 5.7. and substituting the words "paragraph 5.4 of the Supplementary Conditions." SC-5.14. Delete paragraph 5.14. in its entirety and insert the following in lieu thereof: 5.14. If OWNER has any objection to the coverage afforded by or other provisions of the insurance required to be purchased and maintained by CONTRACTOR in accordance with paragraphs 5.3 and 5.4 of on the basis of its not complying with the Contract Documents, OWNER shall notify CONTRACTOR in writing thereof within ten days of the date of delivery of such certificates to OWNER in accordance with paragraph 2.7. Failure by OWNER to give any such notice of objection within the time provided shall constitute acceptance of such insurance purchased by the CONTRACTOR as complying with the Contract Documents. -' 32 Supplementary Conditions SC-5. Amend the first sentence of paragraph $. 15 to delete the word "substantial". ARTICLE 6- CONTRACTOR'S RESPONSIBILITIES SC-6.7.1. Amend the sixth sentence of paragraph 6.7.1 to delete the work "substantial". _. SC-6.15.1 Add the following new paragraph 6.15.1 immediately after paragraph 6.15.: 6.15.1. Recent legislation has removed the sales tax exemption previously provided by Section 151.311 of the Tax Code covering tangible personal property purchased by a contractor -- for use in the performance of a contract for the improvement of City-owned realty. It is still possible, however, for a contractor to make tax-free purchase of tangible -- personal property which will be incorporated into and become part of a City construction project through the use of a "separated contract" with the City. A "separated contract" is one which separates charges for materials from charges for labor. Under such a contract, the contractor -. becomes a "seller" of those materials which are incorporated into the project, such as bricks, lumber, concrete, paint, etc. The contractor issues a resale certificate in lieu of paying the sales tax at the time such items are purchased. The contractor then receives an exemption certificate -' from the City for those materials. (This procedure may not be used, however, for materials which do not become a part of the finished product. For example, equipment rentals, from materials, etc. are not considered as becoming "incorporated"into the project). Utilization of this "separated contract" approach eliminates the need for bidders to figure in sales tax for materials which are to be incorporated into the project. The successful bidder's bid form will be used to develop the "separated contract" and will determine the extent of the tax exemption. Upon execution of the construction contract, the contractor shall furnish a breakdown (per item) of 1) materials incorporated into the project; and 2) labor, equipment, supervision and materials not incorporated into the project. SC-6.20. Amend the last sentence of paragraph 6.20 to delete the word "substantial". -- 33 Supplementary Conditions ARTICLE 7 - OTHER WORK SC-7.1. Delete the last sentence of paragraph 7.1 and substitute the following: The ENGINEER shall coordinate such other work with the CONTRACTOR and schedule events to minimize delay caused to the CONTRACTOR. No additional time shall be given to the CONTRACTOR _ for such related work except as provided in paragraph 7.5 and Article 12. SC-7.5. Add the following new paragraph 7.5 immediately after paragraph 7.4.' _. 7.5. Should CONTRACTOR cause damage to the work or property of any separate Contractor at the site, or should any claim arising out of CONTRACTOR'S, OWNER, ENGINEER, Consulting Engineer or any other person, CONTRACTOR shall promptly attempt -- to settle with such other Contractor by agreement, or to otherwise resolve the dispute by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER, ENGINEER and Consulting Engineer harmless from -~ and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any -- separate Contractor against OWNER, ENGINEER or Consulting Engineer to the extent based on a claim arising out of CONTRACTOR'S performance of the Work. Should a separate Contractor cause damage to the work or property of CONTRACTOR or should the performance -- of work be any separate Contractor at the site give rise to any other claim, CONTRACTOR shall not institute any action, legal or equitable, against OWNER, ENGINEER or Consulting Engineer or permit any action against any of them to be maintained and continued in its name -' or for its benefit in any court or before any arbiter which seeks to impose liability on or to recover damages from OWNER, ENGINEER or Consulting Engineer on account of any such damage or claim. If CONTRACTOR is delayed at any time in performing or furnishing Work by any act or neglect of a separate Contractor and OWNER and CONTRACTOR are unable to agree as to the extent of any adjustment in Contract Time attributable thereto, CONTRACTOR may make a claim for an extension of time in accordance with Article 12. An extension of the -' Contract Time shall be CONTRACTOR's exclusive remedy with respect to OWNER, ENGINEER and Consulting Engineer for any delay, disruption, interference or hindrance caused by any separate Contractor." ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION SC-9.2. Amend the last sentence of paragraph 9.2. to delete the following: "as an experienced and qualified design professional". -' 34 Supplementary Conditions SC-9.10. Delete Paragraph 9.10 in its entirety' and insert the following in lieu thereof: 9.10. ENGINEER will have authority to determine the actual quantities and classifications of items of Unit Price Work performed by CONTRACTOR, and the written decisions of ENGINEER on such matters will be final, binding on OWNER and CONTRACTOR and not subject to appeal (except as modified by ENGINEER to reflect changed factual conditions). ENGINEER will make determination of actual quantities in accordance with Measurement Methods identified for Unit Price Work where such methods are so identified in the Contract Documents. ARTICLE 11 - CHANGE OF CONTRACT PRICE SC-11.9.3. _. Paragraph 11.9.3 is hereby deleted in its entirety and the following, including new paragraph 11.9.3.1 through 11.9.3.4, is substituted in lieu thereof: -. 11.9.3. "The unit price of an item of Unit Price Work shall be subject to re-evaluation and adjustment under the following conditions: -- 11.9.3.1. if the total cost of a particular item of Unit Price work amounts to 5 % or more of the Contract Price and the variation in the quantity of that particular item of Unit Price Work performed by Contractor differs by more than 20%, both over and under, from the estimated -- quantity of such item indicated in the Agreement; and 11.9.3.2. if there is no corresponding adjustment with respect to any other item of Work; and 11.9.2.3. if CONTRACTOR can demonstrate that it has incurred additional expense as - a result thereof; or 11.9.3.4. if OWNER can demonstrate that the quantity variation entitles it to an adjustment in the unit price, either OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 if the parties are unable to agree as to the effect of any such variations in the quantity of Unit Price Work performed." ARTICLE 12 - CHANGES OF CONTRACT TIME SC-12.2. Add the following at the end of paragraph 12.2.: "No extension of the contract time shall be allowed unless the CONTRACTOR can demonstrate the delay caused an adverse impact - 35 Supplementary Conditions to the critical path and that loss of time can not be made up by revising the sequence of the work of the project." ARTICLE 13 - WARRANTY AND GUARANTEE: TESTS AND INSPECTIONS: SC-13.4.1. Add the following new paragraph 13.4.1. immediately after paragraph 13.4.: 13.4.1. Observation of the contractor's work to determine compliance with the plans and _ specifications will include testing of materials installed on the project. Testing of work performed and materials furnished shall be done by a commercial laboratory employed by the Contractor and acceptable to the OWNER. The Contractor shall furnish, at his own expense, _ all necessary specimens for testing of the materials. All materials not conforming to the requirements of the specifications will be rejected. _ SC-13.12. Amend the first sentence of paragraph 13.12 to change the words "one year" to "two -- years". -- ARTICLE 17 - Miscellaneous SC-17.2.1. Delete in it's entirety. -~ 36 Supplementary Conditions SPECIFIC PROJECT REQUIREMENTS SPECIFIC PROJECT REQUIREMENTS The construction specifications which apply to this project are the Standard Specifications for Public Works Construction - North Central Texas prepared through the North Cemral Texas Council of Governmems (C. O.G.). The following Specific Project Requirements contain general and specific project requirements applicable to this project in the City of Coppell. These individual specifications comrol for this project. Additional amendments to the C. O.G. Standard Specifications are contained in Section 3 - Special Provisions to Standard Specifications for Construction. In the evem that an item is not covered in the Project Drawings and these Specifications, then the Standard Specifications for the City of Coppell, Texas shall apply. -- 38 Specific Project Requiremems SECTION 2 - SPECIFIC PROJECT REQUIREMENTS 1.1 OWNER: The "Owner" as referred to in these Specifications is the City of Coppell, P.O. Box 478, Coppell, Texas 57019. 1.2 ENGINEER: The "Engineer" as referred to in these Specifications is the City Engineer, City of Coppell, Engineer of the Owner, or such other representatives as may be authorized by said owner to act in any particular position. 1.3 CITY OF COPPELL: All improvements described in this Proposal and Construction Drawings shall be done in accordance with the Project Drawings and Specifications. In the event that an item is not covered in the Project Drawings and Specifications, then the Standard Specifications for Construction for the City of Coppell, Texas shall apply. 1.4 SITE: The Contractor shall limit his work to the area shown on the Project Drawings as within the street right-of-way. Entrance onto private property shall be at the expressed approval of the ENGINEER only. 1.5 PROJECT DESCRIPTION: This Contract consists of the construction of drainage improvements as shown in the construction plans DR 94-01. 1.6 CALENDAR DAY COUNT: Calendar days shall be counted by the Engineer on the basis of the definition set out in the General Conditions of Agreement. The calendar day count shall be suspended upon receipt by the Engineer of a written request for final inspection. The calendar day count shall resume upon receipt by the Contractor of a written list of items necessary to satisfactorily complete the project. This process shall continue until such time as the project is accepted by the Engineer, and the Owner. The calendar day count will not be suspended or otherwise affected by use of completed portions or "substantial completion" of any of the project. 1.7 SAFETY PRECAUTIONS: The Contractor shall comply with all applicable laws including the Occupational Safety and Health Act of 1970, ordinances, rules, regulations and order of any public authority have jurisdiction for the safety of persons or property to protect them from damage, injury or loss. He shall erect and maintain, as required by existing conditions and progress of the work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. 1.8 SOIL INVESTIGATION: A geotechnical investigation report has not been prepared. The Contractor shall visit the site and acquaint himself with the site conditions. -- 39 Specific Project Requirements 1.9 SURVEY AND FINISHED GRADES: The Contractor shall be responsible for installation of the concrete channel and to plus or minus 0.10-foot of the elevations shown on the construction plans. Horizontal and vertical control is provided by the owner as shown on the plans. The Contractor shall be responsible for layout and staking of all grades and lines for construction. The Contractor shall preserve all stakes or markings until authorized by the Engineer to remove same. The Contractor shall bear the cost of the re-establishing any control or construction stakes destroyed by either him or a third party and shall assume the entire expense of rectifying work improperly constructed due to failure to maintain established points and marks. No separate payment shall be made to the Contractor for construction staking which shall be considered incidental to the project and payments made under specific Pay Items shall be considered as full compensation for these requirements. -- 1.10 CONFORMITY WITH DRAWINGS: All work shall conform to the lines, grades, cross-sections, and dimensions shown on the Drawings. Any deviation from the Drawings which may be required by the exigencies of construction will be determined -- by the Engineer and authorized by him in writing. 1.11 TESTING LABORATORY SERVICE: The Contractor shall make arrangements with -- an independent laboratory acceptable to the owner for all backfill compaction, concrete and other testing as required by the construction plans and standard specifications. The Contractor shall bear all related costs of tests, inspections or approvals. The Contractor -- shall notify the ENGINEER in a timely manner of when and where tests or inspections are to be made so that they may be present. Two copies shall be provided to the Owner of all reports and laboratory test results. No separate payment shall be made to the Contractor for the cost of geotechnical testing services which shall be considered incidental to the project. 1.12 SUSPENSION OF WORK: If the work should be stopped or suspended under any order of the court, or other public authority, the Owner may at any time during _ suspension upon seven days written notice to the Contractor, terminate the Contract. In such an event, the Owner shall be liable only for payment for all work completed plus a reasonable cost for any expenses resulting from the termination of the Contract, but _ such expenses shall not exceed $5,000. 1.13 PRESERVATION OF TREES: Permission of the Engineer must be obtained for - removal of trees on the property that obstruct the installation of the improvements as outlined in this project. All trees to be removed must be flagged and approved by the Engineer prior to removal. No heavy equipment will be allowed upon the dripline of any - tree without prior approval by the Engineer of a plan to protect the dripline. Penalty for destruction of a tree without permission shall be $500.00 each payable to the Owner. 40 Specific Project Requirements Special care shall be taken to protect the 48" pecan tree at about Station 21 +70 and the 2 pecan trees at about Station 20 + 70. The Engineer shall be notified prior to any work in this area. If damage is continuous, tree guards shall be erected when so directed by the Engineer at the Contractor's expense. 1.14 COOPERATION OF CONTRACTOR: The Contractor shall have on the project at all times, as his agent, a competent Superintendent capable of reading the plans and specifications and thoroughly experienced in the type of work being performed. The Superintendent shall have full authority to execute orders or directions and to promptly supply such materials, equipment, tools, labor and incidentals as may be required. Such superintendence shall be furnished irrespective of the amount of work contracted. The Superintendent and the Contractor shall be responsible for supervision of all work performed by the subcontractor at all times during construction. 1.15 WARNING DEVICES: The Contractor shall have the responsibility to provide and maintain all warning devices and take all precautionary measures required bylaw to protect persons and property while said persons or property are approaching, leaving or within the work site or any area adjacent to said work site. No separate compensation will be paid to the Contractor for the installation or maintenance of any warning devices, barricades, lights, signs or any other precautionary measures required by law for the protection of persons or property. The Contractor shall assume all duties owned by the City of Coppell to the general public in connection with the general public's immediate approach to and travel through the work site and area adjacent to said work site. Where the work is carried on, in, or adjacent to, any street, alley, sidewalk, public right- of-way or public place, the Contractor shall at his own cost and expense provide such flagmen and watchmen and furnish, erect and maintain such warning devices, barricades, lights, signs and other precautionary measures for the protection of persons or property as are required by law. The Contractor's responsibility for providing and maintaining flagmen, watchmen, warning devices, barricades, signs, and lights, and other precautionary measures shall not cease until the project shall have been accepted. If the Engineer discovers that the Contractor has failed to comply with the applicable federal and state law (by failing to furnish the necessary flagmen, warning devices, barricades, lights, signs or other precautionary measures for the protection of persons or property), the Engineer may order such additional precautionary measures as required by law to be taken to protect persons and property, and to be reimbursed by the Contractor for any expense incurred in ordering such additional precautionary measures. In addition, the Contractor will be held responsible for all damages to the work and other public or private property due to the failure of warning devices, barricades, signs, lights, '- 41 Specific Project Requirements or other precautionary measures in protecting said property, and whenever evidence is found of such damage, the Engineer may order the damaged portion immediately - removed and replaced by and at the cost and expense of the Contractor. If the damages are not corrected in a timely fashion, then the City shall have the right to repair the damages and charge the cost back to the Contractor. All of this work is considered incidental and shall not be separate pay item. 1.16 EXISTING UTILITIES, STRUCTURES AND OTHER PROPERTY: a. Prior to any excavation, the Contractor shall determine the locations of all existing water, gas sewer, electric, telephone, telegraph, television, and other _ underground utilities and structures. b. After commencing the work, use every precaution to avoid interferences with _ existing underground and surface utilities and structures, and protect them from damage. _ c. Where the locations of existing underground and surface utilities and structures are indicated, these locations are generally approximate, and all items which may be encountered during the work are not necessarily indicated. The Contractor -~ shall determine the exact locations of all items indicated, and the existence and locations of all items not indicated. -- d. The Contractor shall repair or pay for all damage caused by his operations to all existing utilities, public property, and private property, whether it is below ground or above ground, and he shall settle in total cost of all damage suits which - may arise as a result of this operations. e. To avoid unnecessary interferences or delays, the Contractor shall coordinate all -- utility removals, replacements and construction with the appropriate utility company. - 1.17 DRAINAGE: The Contractor shall maintain adequate drainage at all times. 1.18 PROJECT MAINTENANCE: The Contractor shall maintain, and keep in good repair, -' the improvements covered by these plans and specifications during the life of the contract. 1.19 CLEANUP: During Construction. The contractor shall at all times keep the job site as free from all material, debris and rubbish as is practicable and shall remove same from any portion of the job site when it becomes objectionable or interferes with the progress of the project. -- 42 Specific Project Requirements Final. Upon completion of the work, the Contractor shall remove from the site all plant, materials, tools and equipment belonging to him and leave the site with an appearance acceptable to the Engineer and the Owner. The Contractor shall thoroughly clean all equipment and materials installed by him and shall deliver over such materials and equipment in a bright, clean, polished and new-appearing condition. 1.20 INSPECTION: The word "Inspection" or other forms of the word, as used in the contract documents for this project shall be understood as meaning an Owner's agent will observe the construction on behalf of the Owner. The agent will observe and check the construction in sufficient detail to satisfy himself that the work is proceeding in general accordance with the contract documents, but he will not be a guarantor of the Contractor's performance. 1.21 DISPOSAL OF WASTE AND SURPLUS EXCAVATION: All trees, stumps, slashings, brush or other debris removed from the site as a preliminary to the construction shall be removed from the property. Any required burning and disposal permits shall be the sole responsibility of the Contractor. All excavated earth in excess of that required for backfilling shall be removed from the job site and disposed of in a satisfactory manner. 1.22 WATER FOR CONSTRUCTION: The Contractor shall make the necessary arrangement for securing and transporting all water required in the construction, including water required for mixing of concrete, sprinkling, testing, flushing, flooding, or jetting. The Contractor shall provide water as required at his own expense. 1.23 GUARANTEE: All work shall be guaranteed against defects resulting from the use of inferior materials, equipment or workmanship for a period of two (2) years from the date of final completion and acceptance of the project. 43 Specific Project Requirements SPECIAL PROVISION TO __ STANDARD SPECIFICATIONS FOR CONSTRUCTION SPECIAL PROVISIONS TO STANDARD SPECIFICATIONS -- FOR PUBLIC WORKS CONSTRUCTION -- These Special Provisions. modify, or supplement the Standard Construction Specifications of the North Central Texas Standard Specifications. All provisions which are not so modified or supplemented remain in full force and effect, except payment shall be as established in Section 1 entitled "Proposal and Bid Schedule". PART II: MATERIALS - DIVISION 2 ITEM2.1.5. TRENCH BACKFILL: (b) Types "B" and "C" (4) Additional Requirements (B) Additional Requirements for Type "C" backfill when used in streets: Insert the following paragraph at the beginning of this subsection: "All trench backfill shall be compacted to between 95 percent and 100 percent of Standard Proctor Density as determined by ASTM D-698 at, or up to five (5) percentage points above, optimum moisture content, using mechanical compaction methods unless otherwise specified in the Plans. Water jetting may be used only with specific written permission of the Engineer." ITEM 2.1.6. RIPRAP OR STONE MASONRY: (b) Materials and Dimensions (4) Mortar Riprap. Add the sentence: Mortar or concrete type shall be approved by the Engineer and shall conform to A.S.T.M. C 387-83. ITEM 2.1.7. PIPE BEDDING MATERIAL FOR STORM SEWERS' (a) General: Amend the first sentence, by striking the words "requirements for earth bedding" and replace with "recommendations of the pipe manufacturer, and shall be approved by the Engineer". (b) Earth Bedding: Add the following sentence at the beginning of this paragraph: "Earth bedding will not be permitted without written approval of the Engineer." -- 45 Standard Specifications for Construction ITEM 2.2.2. CHEMICAL ADMIXTURES: (d) Mineral Admixtures. Delete paragraph (d) in its entirety. The use of Fly Ash as an admixture in any Class of concrete is specifically prohibited without written approval of the Engineer. PARTIII DIVISION 3 - SITE PREPARATION ITEM 3.1.2. CONSTRUCTION METHODS: _ Add the following sentence after the second sentence: The method of protection shall be 2 inch by 4 inch wood railing unless otherwise shown on the Plans or directed by the Engineer. ITEM 3.7.3. DENSITY: -- Strike the first sentence and replace with the following: "Earth embedment and select material shall be compacted to between 95 percent and 100 percent of Standard Proctor Density as determined by ASTM D-698 at, or up to five (5) percentage points -- above, optimum moisture content, using mechanical compaction methods, unless otherwise specified in the Plans or Specifications." -- PART IV: DIVISION 4 - SUBBASE AND BASE COURSES ITEM 4.8.4. CONSTRUCTION METHODS: (b) Compaction -- Amend the last sentence of the first paragraph, by striking the words: "90 percent of the maximum dry density of such material." and replace with the words "95 percent of the maximum dry density of such material, or as directed by Engineer. PARTV: DIVISION 5 - PAVEMENT AND SURFACE COURSES ITEM 5.8.2. CONSTRUCTION METHODS (e) Joints (1) Expansion Joints: Delete the first paragraph and replace with the _ following: "Expansion joints shall be installed perpendicularly to the surface and centerline of the pavement. Expansion Joint material shall be redwood boards, 3/4-inch in width, and extended through curbs. Expansion joints are to be installed at each end _ of radius at street intersections. Expansion joints shall be equally spaced between intersections with not less than one every 200 linear feet of pavement, unless otherwise -- 46 Standard Specifications for Construction specified on the Plans or directed bv the Engineer. (C) Proximity to Existing Structures: Add to end of sentence. "or as directed by the Engineer". (2) Contraction Joints. Delete the first sentence of the first paragraph and insert the following: "Contraction or dummy joints shall be sawed to 1-1/4 inches in depth, and 1/4 inch in width, and installed every 20 linear feet of pavement, and extend through curb, unless otherwise directed by the Engineer." (h) Finishing. (1) Machine. Add the following paragraph at the end of this subsection: "Fog sprays powered by pressure pumps, and capable of covering the entire area of freshly placed concrete with a fine mist, shall be used if water is needed for finishing operations." (2) Hand. Add a new paragraph after first paragraph which reads as follows: "Fog sprays powered by pressure pumps, and capable of covering the entire area of freshly placed concrete with a fine mist, shall be used if water is needed for finishing operations." PART VI: DIVISION 6 - UNDERGROUND CONDUIT CONSTRUCTION ITEM 6.2.9. BACKFILL: (b) Compaction. '- (2) Densities - Areas Not Subjected to or Influenced by Vehicular Traffic. Amend the second sentence by striking the words "to a density comparable with adjacent undisturbed material" and replacing with "to a density between 95 percent and 100 -- percent Standard Proctor Density as determined by ASTM D-698 at, or up to five (5) percentage points above, optimum moisture content, unless otherwise specified in the Plans or directed by the Engineer." -- 47 Standard Specifications for Construction _ DESCRIPTION OF PAY ITEMS SECTION 4 - DESCRIPTION OF PAY ITEMS This section includes comments concerning various Pay Items so that the contractor can fully understand the scope of work involved in the Pay Items. 1. Construction No Pay Items: All work necessary for the orderly completion of the project, but not specifically included as a pay item in the Proposal, shall be considered subsidiary to the Contract and no separate or additional payment will be made therefore. For example, there shall be no separate payment for the following: (a) any headwalls, curb, gutter or valley gutter replacement necessitated by removal or damage during construction, (b) removal and replacement of any signs, (c) any trench shoring, sheathing, de-watering or bracing for the construction of the box culvert, (d) saw cutting, (e) clearing and grubbing, (f) mobilization, (g) protection of trees (h) signage (i) protection of work completed (j) repairing of fences, walls or other structures, (k) temporary drainage, (1) watering of grass (m) protection, removal, replacement or repair of sprinklers. 2. Construction Pay Items: Pay items as listed in the proposal shall be measured and paid for in accordance with the applicable measurement and payment paragraphs of the North Central Texas Council of Governments "Standard Specifications for Public Works Construction", unless modified by the Construction Specifications. 2.1. Pay Items #1, #2, #3, #5, #11, & #13: These items are standard/typical bid items and as such the installation and construction shall be in conformance with the lines, grades, details and materials as shown on the plans, and with generally accepted construction practices, and in conformance with these specifications plans, the North Central Texas Council of Governments Specifications and the City of Coppell Standard Details. (Please note that a complete set of Standard Details is required to be on the site at all times.) Measurement and Payment shall be on the basis as shown in the unit category and shall be total compensation for furnishing all labor, materials, tools, equipment, and any incidentals necessary to complete the work. 2.2. Pay Item #4 Removal and ReIflacement of Concrete Street: This pay item shall include the removal and replacement of a portion of Bethel School Road including the curb and gutter necessary for the installation of a 10x6 box culvert and to connect the existing 18" RCP and 21" RCP to the proposed 10x6 box culvert. The repair to the street will be in conformance to the City of Coppell Standard Details. Measurement and payment shall be made on the basis of the contract price bid per lump sum and shall be total compensation for furnishing all labor, materials, tools, equipment, and any incidentals necessary to complete the work. - 49 Description of Pay Items 2.3. Pay Item #6 Drainage Pipe Connection: This work shall consist of removing the existing 21" connection to the existing 10x6 box culvert beneath Bethel School Road and reconnecting the existing 18" RCP and the existing 21" RCP to the proposed 10x6 box culvert. This shall also include the connection of the 18" RCP at approximately Station 11 +20 to the proposed gabion channel. The bid price per each shall include the removal and disposal of any damaged or surplus sections of the two 18" and 21" RCP. Measurement and Payment shall be made on the basis of the contract price bid per each and shall be total compensation for removal of the existing sections and for furnishing all labor, materials, tools, equipment and any incidentals necessary to complete the work. 2.4. Pay Item # 7 Rock Rip-Rap for Erosion Control: This work shall include the installation of approximately 230 cubic yards of 18" rip-rap at the outfall of the graded channel at approximately Station 0+00. It shall also include the placement of approximately 15 cubic yards of various diameter stone as shown on the construction plans. Measurement and Payment shall be made on the basis of the price bid per cubic yard and shall be total compensation for furnishing labor, materials, tools, equipment and any incidentals necessary to complete the work. 2.5. Pay Item #8 Removal and Disposal of Trees: This work shall consist of removal of trees as shown on the construction plans. Trees shall be cut into sections so that they can be easily removed from the site. To prevent damage to surrounding trees, no pushing over of larger trees will be allowed without the consent of the Engineer. During the actual course of construction, if some trees noted for removal can be saved every attempt should be made to save those trees. Bidders should review 1.13 of Section 2. Specific Project Requirements prior to bidding this item. '- Measurement and Payment shall be made on the basis of the price bid per each and shall be total compensation for furnishing all labor, materials, tools, equipment and any incidentals necessary to complete the work. 2.6. Pay Item #9 Excavation, Grading and Recompaction: This work shall consist of cutting the proposed channel to grade as shown on the construction plans and recompacting and meeting densities on fill material. This is the material that will be moved during the course of grading and used elsewhere on the site to obtain the proper grades on the channel sections. The excavation shall include all materials encountered regardless of their nature. The Engineer's estimate of material to be recompacted, based on the design, is 220 C.Y. -- 50 Description of Pay Items Measurement and Payment shall be made on the basis of the price bid per lump sum and shall be total compensation for furnishing all labor, materials, tools, equipment and any incidentals necessary to complete the work. 2.7. Pay Item #10 Excavation and Haul Off: This work shall consist of the excavation and removal of excess material from the site. Material will be generated during the excavation of the channel to the shape and grades shown on the construction plans. It shall be the contractor's responsibility to find an adequate site to dispose of the material. The excavation shall include all materials encountered regardless of their nature. The Engineer's estimate of the amount of material to be hauled off, based on the design, is 2035 C.Y. Measurement and Payment shall be made on the basis of the price bid per lump sum and shall be total compensation for removal of the dirt and for furnishing all labor, materials, tools, equipment and any incidentals necessary to complete the work. -- 2.8. Pay Item #12 Sodding: This work shall consist of the placement of sod over the newly excavated channel. It shall be the contractors responsibility to insure that the sod takes root and grows. This shall -- include the responsibility for insuring that the sod is watered so that it does grow. Because sod will be placed on the side slopes of the newly excavated channel, it shall be the contractor's responsibility to properly affix the sod so that it remains in place. The -- anchoring of the sod to the side slopes shall be as approved by the City Engineer prior to the placement of the sod. It shall also be the contractor's responsibility to perform the initial mowing of the sod after it has taken root. Once the sod has been placed, 50 % of the bid item will be paid. When the sod has taken root and after the initial mowing, the remaining 50% of the bid item will be paid. It should be clearly understood that prior to the remaining 50% being paid, there shall be uniform coverage over all areas. Measurement and Payment shall be made on the basis of the price bid per square yard and shall be total compensation for anchoring, watering and furnishing all labor, materials, tools, equipment and any incidentals necessary to complete the work. 3. Clean-up of the site shall be considered incidental to and part of the various other bid _ prices without separate payment: Description of Pay Items __ STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT ThiSrespectdOcumentto its completionhaS impor:antor modiScation.leg21 consequences: consultation ',k i:k, an at:orne?' is encouraged S T ~&NT) ARD - GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by Engineers' Joint Contract Documents Committee and Issued and Published Jointly By ! soc,m or I % av,t / PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE · A practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS CONSTRUCTION SPECIFICATIONS INSTITUTE This document has been approved and endorsed by The Associated General ~_[~'/i '~ Contractors of' America These General Conditions have been prepared for use with the Owner-Contractor Agreements (No. · -- 1910-8-A-I or 1910-8-A-2, 1983 editions). Their provisions are interrelated and a change in one may necessitate a change in the others. Comments concerning their usage are co.n.tained in the Commemary on Agreements for Engifieering Services and Contract Documents, No. 1910-9, 1981 'edition. For ._ guidance in the preparation of Supplementary ~'~aitio~ni, 'see Guide to the Preparation of Supple- mentary Conditions (No. 1910-17, 1983 edition). When bidding is involved, the Standard Form of Instructions to Bidders (No. 1910-12, 1983 edition) may be used. No. 1910-8 (1983 Editior~) ~D 1983 National Society of Professional En.oineers 2029 K Street, N.W., Washington, D.C. -~0006 American Consuhimz En2ineers Council 1015 15th Street, N.W., ~Vas~ ngton, D.C. 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 Page Number Title 7 I DEFINITIONS ...................................................... 8 PRELIMINARY MATTERS ........................... 3 CONTRACT DOCUblENTS: 9 INTENT. AMENDING AND REUSE ............................... '"" 4 AVAILABILITY OF LANDS: PHYSICAL CONDITIONS: 10 REFERENCE POINTS ...................... I 1 5 BONDS AND INSURANCE ..................... 14 6 CONTRACTOR'S RESPONSIBILITIES ............... · ? OTHER \VORK ........................... ~9 8 OWNER'S RESPONSIBILITIES ...................... '" 19 9 ENGINEER'S STATUS DURING CONSTRUCTION .............. 21 10 CHANGES IN THE WORK ..................... 21 I I CHANGE OF CONTRACT PRICE ............................. 24 12 CHANGE OF CONTRACT TIME ................................... "- 13 WARRANTY AND GUARANTEE: TESTS AND INSPECTIONS: CORRECTION. REMOVAL OR 24 ACCEPTANCE OF DEFECTIVE WORK ..................... 26 14 PAYMENTS TO CONTRACTOR AND COMPLETION ............ "- 29 15 SUSPENSION OF WORK AND TERMINATION .................. 3l 17 MISCELLANEOUS ...................... 3 INDEX TO GENERAL CONDITIONS ,4r~icle or P~rc, grc, p,:~ Number Acceptance of Insurance ............................. 5.13 Contractor's Warranty of Title 1-:.3 , Access to the Work ......................... .................................. 13 '~ Contractors. other Addenda.---definition of(see definition of Contractual Liability Insurance ........................ 5.4 ,,.,, Specifications) ........................................ I Coordinating Contractor--definition of ................ 7.4 ' Agreement---definition of I Coordination , All Risk Insurance 5.6 Copies of Documents ................. 2.2 Amendment, Written ............................. 1,3.1.1 Correction or Removal of Defective Work ........... 13.11 ,1,"" Application for Payment--definition of .................. I Correction Period, One Year ........................ 13.12 I Application for Payment, Final ...................... 14.12 Correction, Removal or Acceptance.of Defective ' Application for Progress Payment .................... 14.2 Work--in general ................. i ......... 13.11-13.14 Application for Progress Payment--review of .... 14.4-14.7 Cost--net decrease 11.6.2 Arbitration ................................. ........... ' .................................. 16 Cost of Work .................................... 11.4-11.5 , Authorized Variation in Work 9.5 Costs, Supplemental ................................ I 1.4.'~ Availability of Lands ............ ' .............. - Award, Notice of---defined .............................. I Day--definition of ....................................... I Defectire---definition of ................................. I , Before Starting Construction ...................... 2.5-2.7 Defective Work. Acceptance of 13.13 Bid--definition of ...................... ....................................... I Defectire Work. Correction or Removal of .......... 13. ! I Bonds and Insurance--in general ........................ 5 Defecti~'e Work--in general ............... 13, 14.7, la. I 1 Bonds--definition of .................... I Defecti~'e Work. Rejecting ............................. 9.6 Bonds, Delivery of 2.1.5. I Definitions Bonds, Performance and Other .................... 5. I-5.2 Delivery of Bonds ......................... 2. I Determination for Unit Prices 9.10 Cash Allowances ........................ ..................................... ! 1.8 Disputes. Decisions by Engineer 9.1 I-9.12 Change Order--definition of ' ' ' ................ ............................. I Documents. Copies of . ..' ', -, Change Orders--to be executed ...................... 10.-' Documents. Record Chances in the Work .................................. 6.19 .................................... 10 Documents. Re',se ............................. 3 ,', Claims. Waiver of--on Final Payment ............... 14.16 Drawings--definition-of Clarifications and Interpretations ...................... 9.4 . · ................................ I Cleanin~ - ' ............................................ 6.17 Easements Completion I-~ EfFective date of Aereement--definition of I Completion. Substantial ................ ......................... 14.8-14.9 Emergencies 6.22 Conference. Preconstruction 2.$ ......................................... .......................... Engineer---definition of .................................. Conflict. Error. Discrepancy--Contractor Engineer's Decisions ............................ 9.10-9.12 to Report '~ ~ :.~ Engineer's--Notice Work is Acceptable ............. '14.13 Construction Machinery. Equipment. etc .............. 6.4 Engineer's Recommendation of Payment 14.4. 14.13 Continuin~ Work ~ - ...... ...................................... 6.29 Engineer's Responsibilities. Limitations Contract Documents--amendinv and on ~ ' ................................. 6.6, 9.11.9.13-9.16 supplementine - - ................................. 3.4-3.5 Engineer's Status During Construction--in general ...... 9 Contract Documents--definition of ...................... I Equipment, Labor, Materials and .................. 6.3-6.6 Contract Documents--Intent ...................... 3. I-3.3 Equivalent Materials and Equipment .................. 6.7 Contract Documents--Reuse of ....................... 3.6 Explorations of physical conditions Contract Price, Chan~,e of ....................... Contract Price--definition ............................... I Fee, Contractor's--Costs Plus Contract Time, Change of ........................ 11.6 .............................. I'~ Field Order---definition of Contract Time, Commencement of .................... 2.3 Field Order--issued by Engineer ................ 3.5. I. 9.5 Contract Time--definition of ............................ I Final Application for Payment Contractor--definition of ....................... 14.12 - · ............................... I Final Inspection ..................................... 14. I l Contractor May Stop Work or Terminate ............. 15.5 Final Payment and Acceptance ...................... 14. Contractor's Continuing Obligation .................. 14.15 Final Payment. Recommendation of ......... 14.13-14.14 Contractor's Duty to Report Discrepancy " in Documents .................................. 2..5, 3.2 General Provisions .............................. 17.3-17.4 Contractor's Fee~Cost Plus ... 11.4.5.6, 11.5. l, 11.6-11.7 General Requirements--definition of ..................... 1 Contractor's Liability Insurance ....................... 5.3 General Requirements~principal Contractor's Responsibilities--in general ................ 6 references to ................. 2.6, 4.4, 6.4, 6.6-6.7, 6.23 4 ? Givin§ Notice ........................................1'7.i Payments to Contractor--when due ........... 14.4, 14.1} "-- Guarantee of Work--by Contractor ................... 13.l Payments to Contractor--',vhhholding ................ 14.7 Performance and other Bonds ....... 5 -5.2 indemnification ............................. 6.30-6.32. '7.5 Permits .............................................. 6. I3 Inspection, Final ....................................14.11 Physical Conditions ................................... "- Inspection, Tests and ................................. 13.3 Physical Conditions--Engineer's review . ................. Insurance, Bonds and--in general ....................... 5 Physical Conditions--existing str'Jctures ............. 4.2.2 Insurance, Certificates of ...........................2.7, 5 Physical Conditions--explorations and reports ....... 4.'2_.1 ~ Insurance--completed operations ......................5.3 Physical Conditions--possible document change ..... 4.2.5 Insurance, Contractor's Liability ...................... 5.3 Physical Conditions--price and time adjustments .... Insurance, Contractual Liability ....................... 5.4 Physical Conditions--report of differing ............. 4.2.3 Insurance, Owner's Liability .......................... 5.$ Physical Conditions--Underground Facilities .......... 4.3 "- Insurance, Property 5.6-5.13 Preconstruction Conference ........................... 2.8 Insurance--Waiver of Rights ......................... 5.1 l Preliminary. Matters ...................................... Intent of Contract Documents ................... 3.3, 9.14 Premises, Use of ............... :.: .............. 6.16-6.18 Interpretations and Clarifications ...................... 9.4 Price, Change of Contract .............................. 11 "' Investigations of physical conditions ................... 4.2 price-Contract--definition of ............................ 1 Progress Payment, Applications for ................... 14..2 Labor, Materials and Equipment ....... ' ........... 6.3-6.5 Progress Payment--retainage ......................... 14.2 · -- Laws and Regulations----definition of ..................... 1 Progress schedule ............... 2.6, 2.9, 6.6, 6.29, 15.2.6 Laws and Regulations--general ....................... 6.14 Project--definition of .................................... I Liability Insurance--Contractor's ..................... 5.3 Project Representation--provision for ................. 9.3 Liability Insurance--Owner's 5.5 Project Representative, Resident--definition of .......... 1 '-- Liens--definitions of ................................ 14.2 Project, Starting the ..................................... Limitations on Engineer's Property Insurance ............................... 5.6-5.13 Responsibilities ..................... 6.6, 9. I I. 9.13-9.16 Property Insurance--Partial Utilization ............... 5.15 Property Insurance--Receipt and Application "' Materials and equipment--furnished by Contractor .... 6.3 of Proceeds ................................... 5.12-5.13 Materials and equipment--not Protection, Safety and ........................... 6.20-6.21 incorporated in Work .............................. 14.2 Punch list ........................................... 14.11 ,,-- Materials or equipment--equivalent ................... 6.7 Miscellaneous Provisions ............................... 17 Recommendation of Payment .................. Multi-prime contracts ................................... 7 Record Documents ................................... 6.19 Reference Points' .'. .................................... 4.-. '"' Notice, Giving of ..................................... 17.1 Regulations. Laws and ............................... 6. I-' Notice of Acceptability of Project ................... 14.13 Rejecting Defective Work ............................. 9.6 Notice of Award---definition of .......................... I Related Work at Site .............................. 7.1-7..; Notice to Proceed--definition of ......................... I Remedies Not Exclusive ............................. 17.-. '" Notice to Proceed--giving of .......................... 2.3 Removal or Con'ection of Defective Work ........... 13. I 1 Resident Project Representative~definition of ........... I "Or-Equal" Items ..................................... 6.7 Resident Project Representative--provision for ........ 9.3 ,.- Other contractors ....................................... 7 Responsibilities. Contractor's--in general ............... 6 Other work .............................................. 7 Responsibilities. Engineer's--in general ................. 9 Overtime Work--prohibition of ........................ 6.3 Responsibilities, Owner's--in general .................... $ Owner--definition of .................................... I Retainage ............................................ 14-2 '" Owner May Correct Defective Work ................. 13.14 Reuse of Documents .................................. 3.5 Owner May Stop Work ............................ ... 13. l0 Rights of Way . ........................................ 4.1 Owner May Suspend Work, Terminate .......... 15.1-15.4 Royalties. Patent Fees and ........................... 6.12 ,,.. Owner's Duty to Execute Change Orders ............. 11.8 Owner's Liability Insurance ........................... 5.5 Safety and Protection ............................ 6.20-6.21 Owner's Representative--Engineer to serve as ........ 9.1 Samples ......................................... 6.23-6.28 Owner's Responsibilities~in general .................... 8 Schedule of progress ........ 2.6, 9 8-9 9 6.6, 6.29, 1 .... 6 ,-- Owner's Separate Representative at site ............... 9.3 Schedule of Shop Drawing submissions ...................... 2.6, 2.8-2.9, 6.23. 14.1 Partial Utilization .................................. 14.10 Schedule of values ...................... 2.6, 2.8-2.9, 14.1 ,,_ Partial Utilization---definition of ......................... I Schedules, Finalizing .................................. 2.9 Partial Utilization--Property Insurance ............... 5.15 Shop Drawings and Samples ..................... 6.23-6.28 Patent Fees and Royalties ............................ 6.12 Shop Drawings--definition of ............................ 1 Payments, Recommendation of ........... 14.4-14.7, 14.13 Shop Drawings, use to approve ,"- Payments to Contractor--in general .................... 14 substitutions ...................................... 6.7.3 5 Site Visits to--.bv Eno_ineer · - ............................ 9." Time. Computation of S pecifications---c~e finition of - · ............................... 17.2 ............................. 1 Time. Contract--definition of' '-' Starting Construction. Before .~ .~., $ ............................ Startine the Project . ~ .................................... 2.4 Uncoverin~ \Vork Stopping Work--by Contractor ....................... I'~ ~, ................................ 13.8-13.9 ,..-. Stopping Vv'ork--bv Owner '" Under,round Facilities---definition or' I ............................ 13.10 ' ' ................... Subcontractor--definition of Underground Facilities--not shov, n or indicated ..... 4.3.2 ............................. I Underground Facilities--protect on of ........... 4.3.6.20 Subcontractors--in general ....................... 6.8-6.11 Underground Facilities--shown or indicated ......... Subcontracts--required provisions ............ 5.1 I. I. 6.11 Unit Price Work--definition of I 1.4.3 Unit Price Work--general ................. 11.9. 14. I. Substantiai Completion--certification of .............. 14.8 Unit Prices - Substantial Completion--definition of ......................................... 11.3.1 .................... I Unit Prices. Determinations for ....................... Substitute or "Or-Equal" Items 9.10 · ,, · ...................... 6.7 Use of Premises Subsurface Conditions 6.16-6.18 ............................. 4.2-4.3 ................................. Supplemental costs .............................. 11.4 5 Utility owners .......................... 6.13, 6.20, 7.2-7.3 Supp ementary Cond tions--definition of ................ 1 ,,,, Supplementary Conditions--principal Values. Schedule of ......................... 2.6· 2.9. 14.1 Variations in Work--Author/zed ............ 6.25.6.27.9.5 references to .. 2.2, 4.2, 5.1,5.3, 5.6-5.8,.6.3, 6.13.6.23. Visits to Site--bv Emzineer 7.4.9.3 .............................. 9.2 Supplementing Contract Documents ............... 3.4-3.5 ,-- Supplier--definition of. . . Waiver of Claims--on Final Payment ................ ..................... I 14.16 Supplier--principal references to ... 3.6, 6.5, 6.7-6.9.6.20. Waiver of Rights by insured parties ............. 5.10. 6. I 1 6.24, 9.13, 9.16, 11.8, 13.4, 14.12 Warranty and Guarantee--by Contractor ............. 13.1 Surety--consent to payment Warranty of Title. Contractor's .................. 14.12. 14.14 ........................ 14.3 '"" Suretv--Eneineer has no duty to Work. Access to ....................... 9.13 ..................................... 13.2 Surety--notice to Work--by others ........................... 10. I, 10.5. I *, ':' 7 Surety--qualification of Work Continuint During Disputes 6.29 ........................... 5. I-5.2 ...................... Suspending Work. by Owner 15. I Work. Cost of '"'" ......................... ' .................................. 11.4-11.5 Suspension of Work and Termination--in general .. 15 Work--definition of Superintendent--Contractor's 6.2 Work Directive Change--definition of I Supervision and Superintendence .................. 6. I-6.2 Work Directive Change--principal "" references to ............................ 3.4.3. 10.1-10.2 Taxes--Payment bv Contractor Work. Ne,"lected by Contractor 13. I- ......................... 6.15 ....................... Termination--bv Contractor 15.5 Work. Stoppino bv Contractor 15 Termination--by Owner Work. Stoppin~ by Owner .......................... 15.2-15.4 ........................ 15.1-1 '" Termination. Suspension of Work and--in general ...... 15 Written Amendment--definition of' ...................... 1 Tests and Inspections Written Amendment--principal ........................... 13.3-13.7 Time. Change of Contract references to 12 .............................. · .................... 3.4.1. 10.1. 11.2. 12.1 GENERAL CONDITIONS ,.:',,,~,::..':'=,--An adjective v. hich '.,.hen modifying the ',,.etd ' refers To \\'ork that is unsatisfactory, faulty or deficient, or does not conform to the Contract Doc'~,ments. or does not ARTICLE I--DEFINiTIONS meet ',he requirements of any inspection, referenc: s:2ndard. test or approval referred to in the Con:fact Documents. or ,,, \Vhere;'er used in these General Conditions or in the other has been damaged prior to ENGI. EER s recommendation Contract Documents the following terms have the meanings of final payment (unless responsibility for the 7rotection thereof indicated which are applicable to botln the singular and plural has been assumed by OWNER at Substantial Completion in thereof: accordance with paragraph 14.8 or 14.10). Addenda--Written or graphic instruments issued prior to the Drawings~The drawings which show the character and scope opening of Bids which clarify, correct or change the bidding of the Work to be performed and which have been prepared documents or the Contract Documents. or approved by ENGINEER and are referred to in the Con- tract Documents. Agreement--The written agreement between OWNER and CONTRACTOR covering the Work to be performed; other Effective Date of the Agreement--The date indicated in the _ Contract Documents are attached to the Agreement and made Agreement on which it becomes effective, but if no such date a part thereof as provided therein, is indicated it means the date on which the Agreement is signed and delivered by the last of the t~,o par'ties to sign and Application for Payment--The form ac~:epted by ENGI- deliver. ,-- NEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to include such sup- ENGINEER--The person, firm or corporation named as such porting documentation as is required by the Contract in the Agreement. Documents. ,-- Field Order--A written order issued by ENGINEER which Bid--The offer or proposal of the bidder submitted on the orders minor changes in the Work in accordance with para- prescribed form setting forth the prices for the Work to be graph 9.5 but which does not involve a chan~e in the Contract ,,_ performed. Price or the Contract Time. i Bonds--Bid, performance and payment bonds and other General Requirements--Sections of Division I of the Speci- instruments of security, fications. '~ Laws trod Rc?:dations: Laws or Re,.,uhrti,n.~'--kaws. rule~. [ Chan,.'e Order--.-X document recommended by ENGINEER. ' ;~ high is signed by CONTRACTOR and OWN ER and autho- regulations, ordinances, codes and/or orders. rizes an addition, deletion or revision in the Work. or an '"" adjustment in the Contract Price or the Contract Time. issued Notice of A,'ard--The written notice by OWNER to the I on or after the Effective Date of the A~reement. apparent successful bidder stating that upon compliance by - the apparent successful bidder with the conditions precedent enumerated therein, v;ithin the time specified. OWNER Contract Documents--The Agreement. Addenda {which per- rain to the Contract Documents). CONTRACTOR's Bid sign and deliver the Agreement. ' lincluding documentation accompanying the Bid and an.'.' post- .\'otice to Proceed--A written notice given by OWNER to Bid documentation submitted prior to the Notice of Award) CONTR.4. CTOR{with acopy to ENGINEER}FIxing the date when attached as an exhibit to the A~reement. the Bonds. - on v.'hich the Contract Time will commence to run and on these General Conditions, the Supplementary Conditions. the which CONTRACTOR shall start to perform CONTRAC- Specifications and the Drawings as the same are more spe- TOWS obligations under the Contract Documents. cifically identified in the Agreement, together with all amend- '" meats, modifications and supplements issued pursuant to OWNER--The public body or authority, corporation, asso- paragraphs 3.4 and 3.5 on or after the Effective Date of the clarion, firm or person with whom CONTRACTOR has entered Agreement. into the Agreement and for whom the Work is to be provided. "" Contract Price--The moneys payable by OWNER to CON- Partial Utili:ation~Placing a portion of the Work in service i TIL-X. CTOR under the Contract Documents as stated in the for the purpose for which it is intended (or a related purpose) Agreement (subject to the provisions of paragraph 11.9. I in before reaching Substantial Completion for all the Work. the case of Unit Price Work). Project--The total construction of which the Work to be Contract Time--The number of days (computed as provided provided under the Contract Documents may be the whole. in paragraph 17.2) or the date stated in the Agreement for the or a part as indicated elsewhere in the Contract Documents. completion of the Work. Resident Project Representative--The authorized represen- CONTRACTOR--The person, firm or corporation with whom tative of ENGINEER who is assigned to the site or any part OWNER has entered into the Agreement. thereof. $;~op Drn;~r'z~gs--A~,] drawings, diagrams, i!iustrations, orJe~ng an addition, deletion or re'.'isie~ in the Work. cr schedules and other data which are sz¢cificaiP.' pre?red ~',., respond[n~ to du~-¢nnc cr unforeseen ?h'.,'sic,.5 conditions under "" or for CONTRACTOR to illustrate some portion of the \Vork ',~ >.ich :he Work is to be ?er-forrr'.ed as provided in pa:agraph and all illustrations, brochures, standard scheduJes, ?e~cr- ' '~ or 4.3 or toemer~enc{es under,', --o--,-' 6.22. mance charts, instructions, diagrams and o~her information Directive Change ma'.' not chan~e the Cch:Fact PXc¢ or ,,,. prepared by a Supplier and submmed by CONTRACTOR to Contract Time, but is evidence ~hat the panics expect that illustrate matefial or equipment for some port, ionoFthe',,Vork, the change direc:ed or documented by a Work Directive Change x~ill ~'e inco~orated in a subsequently issued Change $?ecific~rioa~Those portions of the Contract Documents Order follow, lng negotiations by the parties as to its effect, if ,"" consisting of written technical descriptions of mater-ia!s, any, on the Contract Price or Contract Time as provided in equipment, construction systems, standards and workman- paragraph ]0.2. ship as applied to the Work and certain administrative detaiis ,,-- applicable thereto. Written Am¢~dmenr--A written amendment of the Contract Documents, signed by OW~F.R and CO~TRACTOR on or Subcoatraczor--An individual, firm or corporation having a after the Effective Date of the Agre~m'ent and normally deal- direct contract with CONTRACTOR or with any other Sub- in~ with the nonengineering or nontechnical rather than strictly ,,,.. contractor for the performance of a part of the Work at the Work-related aspects of the Contract Documents. site. $ub~ramial Complerioa--The Work ('or a specified part thereof) "" has progressed to the point where, in the opinion of E~G[- ART[CL£ 2--PRELIMINARY MATTERS NEFR as evidenced by E~G[NEER's definitive certificate o£ Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work Delivery o/Bona: (or specified part) can be utilized for the purposes for which 2.1. When CO~TRACTOR delivers the executed A~ee- it is intended; or if there be no such certificate issued. ',,.'hen ments to O",V~ER, CON'TRACTOR shall also de!is'er final payment is due in accordance with paragraph 14.13. The OWNER such Bonds as CO~TRACTOR may be required to ,,,,,. terms '~substantialiy complete" and "substantially corn- furnish in accordance with parasraph 5.1. pleted" as applied to any Work refer to Substantial Comple- x, tion thereof. Co?i~s of Documents.. ""' $,'~ppleme~rarv Camlitiom~--The part of the Contract Docu- 2.2. OWNER shall Furnish to CONTRACTOR ut~ to ments which amends or supplements these General Condi- copies (unless otherwise specified in the Supplementar': Con- tions, ditions) of the Cofitract Documents as are reasonably nec- ,,,,, essay, for the execution of the Work. Additional copies I Suppli~r--A manufacturer, fabricator, supplier, distributor, be Furnished. uoon request, at the cost of reproduc:ion. I materialman or vendor. Commencement of Contract Time; ;Votice to Proceed: ? C'mtergroundFacilities--Allpipeline~.conduits. duc:s, cables. 2.3. The Contract Time will commence to run on :~'.e i wires, manholes, vaults, tanks, tunnels orother such facilities thirtieth day after the Effective Date of the A~reement. or. i.." or attachments, and any encasements containing such facit- a Notice to Proceed is given, on the da.,,' indicated in :he k/es which have been installed under~round to furnish an,.' of .'Notice to Proceed. A, otme to Proceed may be given at 2n'. '" :he following services or materials: electricity, gases, steam, time within thirty days after the Effective Date of the Agree- , liquid petroleum products, telephone or other communica- merit. In no event will the Contract Time commence to run tions, cable television, sewage and drainage removal, traffic later than the seventy-fi/'th day after the day of' Bid opening ,- or other control systems or water, or the thirtieth day after the Effective Date o£ the Agreemen.:. ~ whichever date is earlier. , (,,'nit Price Work--Work tO be paid for on the basis of unit prices. ,,,,-, I Starting the Project: , Work--The entire completed construction or the various sep- 2.4. CONTRACTOR shall start to perform the Vv'ork on I arately identifiable parts thereof required to be furnished the date when the Contract Time commences to run. but no ' under the Contract Documents. Work is the result of per- Work shall be done at the site prior to the date on which the . forming services, furnishing labor and furnishing and incor- Contract Time commences to run. porating materials and equipment into the construction, all as required by the Contract Documents.  Before Starting Construction: Work Directive Change--A written directive to CONTRAC- 2.5. Before undertaking each part of the Work, CON- TOR, issued on or after the Effective Date of the A~reement TRACTOR shall carefully study and compare the Contract "' and signed by OWNER and recommended by ENC~INEER, Documents and check and verify pertinent figures shown 8 thereon and all applicable field measurements. CONTRAC- graph 2.6. The finalized progress schedule ~il[ be acceptabIe TOR shall promptly report in writing to ENGINEER an':' ~o ENGINEER as providing an orderly progression of the conflict, error or discrepancy which CONTRACTOR ma)' V','ork to completion '*ithin the Comrnct Time. but such discover and shall obtain a wrS:ten inte,,-pre'.ation or dar'if,- acceptance ~i!l neither impose on ENGINEER responsibility cation from ENGINEER before proceeding with an.,,' Work for the progress er scheduling of' the \\'ork nor relieve CON- affected thereby; however, CONTRACTOR shall not be lin- TRACTOR from full responsibility' therefor. The fina!ized ble to OWNER or ENGINEER for failure to report an.',' schedule of Shop Drawing submissions ~itl be acceptable to conflict, error or discrepancy in the Contract Documents, ENGINEER as providing a ;vorkable arrangement for pro- unless CONTtL4, CTOR had actual knowledge thereof or should cessing the submissions. The finalized schedule of values will be acceptable to ENGINEER as to form and substance. reasonably have known thereof. 2.6. Within ten days after the Effective Date of the Agree- ment (unless otherwise specified in the General Require- ARTICLE3--CONTRACT DOCUMENTS: INTENT. ments), CONTRACTOR shall submit to ENGINEER for AMENDING, REUSE review: 2.6.1. an estimated progress schedule indicating the Intent: starting and completion dates of the various stages of the 3.1. The Contract Documents comprise the entire ~gree- Work; ment between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is 2.6.2. a preliminary schedule of Shop Drawing sub- called for by one is as binding as if called for by all. The missions; and Contract Documents will be construed in accordance with the law of the place of the Project. 2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items 3.2. ItistheintentoftheContractDocumentstodescribe aggregating the Contract Price and will subdivide the Work a functionally complete Project (or part thereof) to be con- into component parts in sufficient detail to serve as the stmcted in accordance with the Contract Documents. Any progress payments Work, materials or equipment that may reasonably be inferred basis for during construction. Such prices will include an appropriate amount of overhead and from the Contract Documents as being required to produce profit applicable to each item of Work which will be con- the intended result will be supplied whether or not specifically firmed in writing by CONTRACTOR at the time of sub- called for. \\'hen words which have a well-known technica! mission, or trade meaning are used to describe \\'ork. materials or equipment such words shall be interpreted in accordance with 2.7. Before any Work at the site is started, CONTRAC- that meaning. Referehce to standard specifications, manuals TOR shall deliver to OWN ER, with a copy to ENGINEER. or codes of any technical society, organization or association. certificates (and other evidence of insurance requested by or to the Laws or Regulations of any governmental authority. OWNER) which CONTRACTOR is required to purchase and whether such reference be specific or by implication, shall maintain in accordance with paragraphs 5.3 and 5.4.. and mean the latest standard specification, manual, code or Laws OWNER shall deliver to CONTRACTOR certificates ~and the time of Bids ~or. on or Regulations in effect at of opening other evidence of insurance requested by CONTRACTORI the Effective Date of the Agreement if there were no BidsL which OWNER is required to purchase and maintain in except as may be other,vise specifically stated. However. no accordance with paragraphs 5.6 and 5.7. provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the Preconsrruction Conference: duties and responsibilities of OWNER, CONTRACTOR or 2.8. Within twenty days after the Effective Date of the ENGINEER. or any of their consultants, agents or employ- Agreement, but before CONTRACTOR starts the Work at ecs from those set forth in the Contract Documents, nor shall the site, a conference attended by CONTIL~,CTOR, ENGI- it be effective to assign to ENGINEER, or any of ENGI- NEER and others as appropriate will be held to discuss the NEER's consultants, agents or employees, any duty or schedules referred to in paragraph 2.6, to discuss procedures authority to supervise or direct the furnishing or performance for handling Shop Drawings and other submittals and for of the Work or any duty or authority to undertake responsi- processing Applications for Payment, and to establishaworking bility contrary to the provisions of paragraph 9.15 or 9.16. understanding among the parties as to the Work. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. Finalizing Schedules: 3.3. If, during the performance of the Work, CONTRAC- 2.9. At least ten days before submission of the first Appli- TOR finds a conflict, error or discrepancy in the Contract cation for Payment a conference attended by CONTRAC- Documents, CONTRACTOR shall so report to ENGINEER TOR, ENGINEER and others as appropriate will be held to in writing at once and before proceeding with the Work affected finalize the schedules submitted in accordance with para- thereby shall obtain a written interpretation or clarification 9 from ENGINEER; ho\~,e,,'er, CONTRACTOR shall not be such other ]ands ',~hich are desi-_.na'ted for the use ti-CON- liable to OWNER or ENGINEER for failure to repot; an.,,' TRACTOR. Easements for Fermanent structures or perma- con."],ict, error or discrepancy, in the Contract Documents nent chanoes in exis~in~ facilities will be obtained and ?.aid '.:'~:ess CO. T.':L-~CTOR had actual knos~ ledge :hereoFor shoUd for by' OWN ER. unless othcrs~isc pro',idcd in :he Contrac; reasonably have known thereof. Documents. If CONTRACTOR belie,.es ~har any de!ay in OWNER's furnishing these lands, ri~hts-of-',~a,, or ease- · 4mending and Supplementing Contract Documents: meats entities CONTRACTOR to an extension of the Con- tract Time. CONTRACTOR ma.,,' make a claim therefor as 3.4. The Contract Documents ma.,,' be amended to pro- provided inA~icle 12. CONTRACTOR shall provide for vide for additions, deletions and revisions in the Work or to additional lands and access thereto that may' be required for modify the terms and conditions thereof in one or more of temporao' construction facilities or storage of materials and Jhe following ways: equipment. 3.4.1. a formal Written Amendment, Physical Conditions: . ' or3.4.2, a Change Order (pursuant to paragraph 10.4). 4.2.1. Explorations and Reports: Reference is made to the Supplementary Conditions for identification of those . reports of explorations and tests of subsurface conditions 3.4.3. a Work Directive Chan~e (~ursuam to para- at the site that have been utilized by ENGINEER in prep- ~aph 10. I). - aration of the Contract Documents. CONTRACTOR ma,.' - rely upon the accuracy of the technical data contained in As indicated in paragraphs I 1.2 and 12.1, Contract Price and such reports, but not upon nontechnical data. interpreta- Contract Time may only be changed by a Change Order or a tions or opinions contained therein or for the completeness Written Amendment. thereof for CONTRACTOR's purposes. Except as indi- cated in the immediately preceding sentence and in para- 3.5. In addition, the requirements of the Contract Docu- graph 4.2.6. CONTRACTOR shall have full responsibility meats may be supplemented, and minor variations and devia- with respect to subsurface conditions at the site. tions in the Work may be authorized, in one or more of the followinu: ways: ~ '~ ' ' 4 ..... Existing Structures: Reference is made to the Supplementary Conditions for identification of those 3.5.1. a Field Order (pursuant to part,graph 9..~. dra~vin,',s of phvsica conditions in or re!aria2 to "~ ~- = e.XI~ t...~ ' ' sun, ce and subsurface structures ¢¢xccpt L'nder,:rou:~d 3.5.2. ENGINEER's approval ora Shop Drawing or Facilities referred to in paragraph 4.3} which are a: or sample (pursuant ~o paragraphs 6.26 and 6.27). or contiguous to the site that have been utilized bv ENGI- NEER in preparation of the Contract Documents. CON- 3.5.3. ENGINEER's written interpretation or cfa.,-/fi- TRACTOR may rely upon the accuracy of the technical cation (pursuant to paragraph 9.4). data contained in such drawings, but not for the comolete- ness thereof for CONTRACTOR's purposes. Except as Reuse of Documents: indicated in the immediately preceding sentence and in paragraph ' "6 CONTRACTOR shall have full res?on- 3.6. Neither CONTRACTOR nor an5' Subcontractor or sibility with respect to physical conditions in or relatin,_- Supplier or other person or organization performing or fur- to such structures. nishing any oC tko Work under a direct or indirect contract with OWNER shall have or acquire any title to or ownership 4.2.3. Report of Differing Conditions: If CONTRAC- ~ghts in any of the Drawings, Specifications or other docu- TOR believes that: ments (or copies of any thereof} prepared by or bearine the ' seal of ENGINEER: and they shall not reuse any ofthe~ on ,~ , extensions of the Project or any other project without ',,,'r/tten 4._.a.1. any technical data on which CONTR.-kC- consent of OWNER and ENGINEER and specific written TOR is entitled to rely as provided in paragraphs 4.2. ! verification or adaptation by ENGINEER. and 4.2.2 is inaccurate, or 4.2.3.2. any physical condition uncovered or revealed at the site differs materially from that indi- .ARTICLE 4--AVAILABILITY OF LANDS; PHYSICAL cared, reflected or referred to in the Contract Docu- CONDITIONS; REFERENCE POINTS meats. Availability of Lands: CONTtL4. CTOR shall, promptly after becoming aware thereof and before performing any Work in connection 4.1. OWNER shall furnish, as indicated in the Contract therewith (except in an emergency as permitted by para- Documents, the lands upon which the Work is to be per- graph 6.22), notify OWNER and ENGINEER in writine formed, rights-of-way and easements for access thereto, and about the inaccuracy or difference. 10 4.2.4. E:X'GI.5'EER's Re,,'ie;,': ENGINEER '.'.'ill determine the ex:eat :o v, hich Iht Contract Documents promptly review the pertinent cor',ditions, determine the should be modified To reflect and doc'ament the cot'.sc- i necessity ofobtaining additional explorations or tests with quences of the existence of'the Underground F'acility. and respect thereto and advise OWN ER in v.. ritino._ (,.,. ith a cop}' the Contract Documents ',,.'ill be amendeJ or ~ ~ ~ ,...c. ,-~,-,,e.-- e- t ~.'~, ,~ to CONTRACTOR) of ENGINEER's findings and con- ~o the extent necessar':'. During such t~me. CONTR.*C- clusions. TOR shall Ge responsible for the safety and protection of such Underground Facility as provided m paragraph 6._.20. 4.2.5. Possible Docume~t Cl~a,~ge: If ENGINEER CONTR_ACTOR shall be allowed an increase in the Con- concludes that there is a material error in the Contract tract Price or an extension of the Contract Time. or both. Documents or that because of newly discovered condi- to the extent that they' are attributable to the existence of ' tions a change in the Contract Documents is required, a any Underground Facility that was not shown or indicated Work Directive Change or a Change Order will be issued in the Contract Documents and which CONTRACTOR as provided in Article 10 to reflect and document the could not reasonably have been expected to be aware of. ~ consequences of the inaccuracy or difference. If the parties are unable to agree as to the amount or length thereof, CONTRACTOR may make a claim therefor as 4.2.6. Possible Price and Time Adjustments: In each provided in Articles 11 and 12. such case, an increase or decrease in the Contract Price I or an extension or shortening of the Contract Time. or an.,,' combination thereof, will be allowable to the extent that Reference Points: ,,'-, they are attributable to any such inaccuracy or difference. 4.4. OWNER shall provide engineering surveys to estab- ] If OWNER and CONTRACTOR are unable to agree as to lish reference points for construction which in ENGINEER's the amount or length thereof, a claim may be made therefor judgment are necessary to enable CONTRACTOR to proceed as provided in Articles l 1 and 12. with the Work. CONTRACTOR shall be responsible for lay- ins out the Work (unless otherwise specified in the General . Requirements). shall protect and preserve the established Physical Conditions--Underground Facilities: reference points and shall make no changes or relocations 4.3.1. Sfio,cn or Indicated: The information and data without the prior written approval of OWNER. CONTRAC- T shown or indicated in the Contract Documents with respect TOR shall report to ENGINEER whenever any reference to existing Underground Facilities at or contiguous to the point is lost or destroyed or requires relocation because of site is based on information and data furnished to OVv'N ER necessary changes in grades or locations, and shall be respon- or ENGINEER by the owners of such Underground Facil- sible for the accurate replacement or relocation o( such ref- T ities or by others. Unless it is other,.,.'ise expressly pro- erence points by proi'essionally qualified personnel. vided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall not be ARTICLES--BONDS AND INSURANCE responsible for the accuracy or completeness of an.,.' such information or data: and. Performance and Other Bonds: 4.3.1.2. CONTRACTOR shall have full responsi- 5.1. CONTRACTOR shall furnish performance andpa~- i bility for reviewing and checking all such information meat Bonds. each in an amount at least equal to the Contract and data. for locating all Underground Facilities sho',t'n Price as security for the faithful performance and payment of or indicated in the Contract Documents. for coordina- all CONTRACTOR's obligations under the Contract Deca- tion of the Work with the owners of such Underground meats. These Bonds shall remain in effect at least until one Facilities during construction, for the safety and pro- year after the date ,,vh~n final payment becomes due. except tection thereof as provided in paragraph 6.20 and as otherwise provided by Law or Regulation or by the Con- , repairing any damage thereto resulting from the Work. tract Documents. CONTRACTOR shall also furnish such the cost of all of which will be considered as having other Bonds as are required by the SupplementaO' Condi- been included in the Contract Price. tions. All Bonds shall be in the forms prescribed by' Lax,., or '-" Regulation or by the Contract Documents and be executed 4.3.2. Not Sl~ot~n or Indicated. If an Underground by such sureties as are named in the current list of "Com- Facility is uncovered or revealed at or contiguous to the panics Holding Certificates of Authority as Acceptable Sure- site which was not shown or indicated in the Contract ties on Federal Bonds and as Acceptable Reinsuring Corn- '''' Documents and which CONTRACTOR could not reason- panics" as published in Circular 5'/0 (amended) by the Audit ably have been expected to be aware of. CONTRACTOR Staff Bureau of Accounts, U.S. Treasury Department. All shall, promptly after becoming aware thereof and before Bonds signed by an agent must be accompanied by a certified ,,.. performing any Work affected thereby (except in an truer- copy of the authority to act. genc:y as permitted by paragraph 6.22), identify the owner of such Underground Facility and give written notice thereof 5.2. If the surety on any Bond furnished by CONTR~C- to that owner and to OWNER and ENGINEER. ENGI- TOR is declared a bankrupt or becomes insolvent or its fight "'- NEER will promptly review the Underground Facility to to do business is terminated in any state where any part of I1 th, e ProJect is located or it ceases to meet the requiremen:s thirty days' pr/or v.,'Stten notice has been given to OWNER of paragraph $.1, CONTRACTOR shall within five da':'s and ENGINEER by cenified mail. Ali such insurance sha!l '"' thereafter substitute r, nother Bond and Surety, both of which remain in e:Tect until final payment and at ali times thereafter must be acceptab!e to 0 'vNER. ~ONTr,.ACTOR ma? be correc'Jn8, remo,,in~ or re?lacing d<fecth'e Work in accordance with rara~raph 13. ~ Contractor's Liability Insurance: In addition, CONTRACTOR shall maintain such comp!eted operations insurance for at least two .','ears after final pa'.. meat 5.3. CONTRACTOR shall purchase and maintain such and furnish OWNER :,,'/th evidence of continuation of such comprehensive general liability and other insurance as is insurance at final payment and one y,.'ar thereafter. ,,,,,, 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 per'for- Contractual Liabilit~. Insurance: mance and furnishing of the Work and CONTRACTOR's "" other obligations under the Contract Documents, whether it 5.4. The comprehensive general liability insurance required by paragraph 5.3 will include contractual liability insurance is to be performed or furnished by CONTRACTOR, by any applicable to CONTRACTOR's obli~,ations under'paragraphs Subcontractor, by anyone directly or indirectly employed by ,,.- any of them to perform or furnish any of the Work, or by 6._;0 and 6.3 I. anyone for whose acts any of them may be liable: 5.3.1. Claims under workers' or workmen's comport- Owner's LiabiliO. lnsuranc,: ,-'- sation, disability benefits and other similar employee ben- 5.5. OWNER shall be responsible for purchasing and efitacts; maintaining OWNER's own liability insurance and. at OWNER's option, may purchase and maintain such insur- 5.3.2. Claims for damages because of bodily injuo., anco as will protect OWNER against claims which may arise "'" occupational sickness or disease, or death of CONTRAC- from operations under the Contract Documents. TOR's employees; ,,, 5.3.3. Claims for damages because of bodily injury. Property Insurance: sickness or disease, or death of any person other than 5.6. Unless otherwise provided in the Supplementary CONTRACTOR's employees: . · Conditions. OWNER shall purchase and maintain property insurance u.~on the Work at the site to the full insurable value ,--.. 5.3.4. Claims for damages insured by personal in/ur':.' thereof (sub. ie.zt to such deductible amounts :ts may be .etd- liability coverage which are sustained iai by any person vided in the Supplementary Conditions or required by La',~ s as a result of an offense directly or indirectly related to and Regulations). This insurance shall include the interests the employment of such person by CONTRACTOR. or of OWNER. CONTRACTOR. Subcontractors. ENGINEER "' (b) by an.,,' other person for any other reason: and ENGINEER's consultants in the Work. all of whom shall I:,e listed as insureds or additional insured parties, shall insure 5.3.5. Claims for damages, other than to the Work against the perils of fire and extended co,..erac,_e and shall ,,... itself, because ofinjury to or destruction of tangible prop- inc!ude "all risk" insurance for physical loss ~nd dame_de erty wherever located, including loss of use resulting' . therefrom: -~ including theft, vandal/sm and malicious mischief, collapse and water damage, and such other perils as may be provided ,-- in the Supplementary Conditions. and shall include dama~.-s. 5.3.6. Claims arising out of operation of Laws or Rog- losses and expenses arising out of or resulting from an.,,' insured ulations for damages because of bodily injury or death of loss or incurred in the repair or replacement of' any insured any person or for damage to property: and property (including but not limited to fees and char~es of' '-' engineers, architects, attorneys and other professionals}. If 5.3.7. Claims for damages because of bodily injury or not covered under the "all risk" insurance or otherwise pro- death of any person or property damage arising out of the video in the Supplementary Conditions. CONTRACTOR shall ,...- ownership, maintenance or use of any motor vehicle, purchase and maintain similar property insurance on portions of the Work stored on and off the site or in transit when such The insurance required by this paragraph 5.3 shall include portions of the Work are to be included in an Application for the specific coverages and be written for not less than the Payment. limits of liability and coverages provided in the Supplemen- tary Conditions, or required by law, whichever is greater. 5.7. OWNER shall purchase and maintain such boiler and The comprehensive general liability insurance shall include machinery insurance or additional property insurance as ma.,,' completed operations insurance. All of the policies of insur- be required by the Supplementary Conditions or laws and ,,., anco so required to be purchased and maintained (or the Regulations which will include the interests of OWNER. certificates or other evidence thereof) shall contain a provi- CONTRACTOR, Subcontractors, ENGINEER AND sion or endorsement that the coverage afforded will not be ENGINEER's consultants in the Work, all of whom shall be ,-,. cancelled, materially changed or renewal refused until at least listed as insured or additional insured part/es. 12 5.8. All the policies of insurance (or the certificates or such waiver forms are required o£ an.',' Subcontractor, '"' other evidence thereoO required to be purchased and main- CONTRACTOR will obtain the same. 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 Receipt and Application of Proceeds: refused untit at least thirty days' prior written notice has been 5.12. An.'.' insured loss under the policies of insurance given to CONTRACTOR by certified mail and will contain required by paragraphs 5.6 and 5.7 will be adjusted with waiver provisions in accordance with paragraph 5.11.2. OWNER and made payable to OWNER as trustee for the "" insureds, as their interests may appear, subject to the require- 5.9. OWNER shall not be responsible for purchasing and merits of an.,,' applicable mortgage clause and of paragraph maintaining any property insurance to protect the interests 5.13. OWNER shall deposit in a separate account any money of CONTRACTOR, Subcontractors or others in the Work to so received, and shall distribute it in accordance with such "' the extent of any deductible amounts that are provided in the agreement as the parties in interest may reach. If no other Supplementary Conditions. The risk of loss within the special agreement is reached the damaged Work shall be deductible amount, will be borne by CONTRACTOR, Sub- repaired or replaced, the moneys' so received applied on ,,,. contractor or others suffering any such loss and if any of them account thereof and the Work and the cost thereof covered wishes property insurance coverage within the limits of such by an appropriate Change Order or Written Amendment. amounts, each may purchase and maintain it at the purchas- er s own expense. 5.13. OWNER as trustee shall have power to adjust and "' settle any loss with the insurers unless one of the parties in 5.10. If CONTRACTOR requests in writing that other interest shall object in writing within fifteen days after the special insurance be included in the property insurance poi- occurrence of loss to OWNER's exercise of this power. If icy, OWNER shall, if possible, include such insurance, and such objection be made. OWNER as trustee shall make set- "' the cost thereof will be charged to CONTRACTOR by appro- tlement with the insurers in accordance with such agreement priate Change Order or Written Amendment. Prior to com- as the parties in interest may reach. If required in writing by mencement of the Work at the site, OWNER shall in writing any party in interest, OWNER as trustee shall, upon the ,,_ advise CONTRACTOR whether or not such other insurance occurrence of an insured loss, give bond for the proper per- has been procured by OWNER. formance of such duties. ~,. Waiver of Rights: Acceptance of Insurance: 5.1 I.I. OWNER and CONTRACTOR,.~.aive all rights 5.14. IfOWNERhasanyobjectiontothecoverageafforded against each other for all losses and damages caused by by or other provis!ons of the insurance required to be put- any of the perils covered by the policies of insurance chased and maintairied by CONTRACTOR in accordance provided in response to paragraphs 5.6 and 5.7 and any with paragraphs 5.3 and 5.4 on the basis of its not complying other property insurance applicable to the Work. and also with the Contract Documents. OWNER shall notify CON- waive all such rights against the Subcontractors. ENGI- TRACTOR in writing thereof within ten days of the date of ..- NEER. ENGINEER's consultants and all other parties delivery of such certificates to OWNER in accordance with named as insureds in such policies for losses and damao, es_ paragraph _.,. '~ - If CONTRACTOR has any. objection to the so caused. As required by paragraph 6.1 I, each subcon- coverage afforded by or other provisions of the policies of tract between CONTRACTOR and a Subcontractor will insurancerequiredtobepurchasedandmaintainedbyOWNER '"' contain similar waiver provisions by the Subcontractor in in accordance with paragraphs 5.6 and 5.7 on the basis of favorofOWNER, CONTRACTOR. ENGINEER, ENGI- their not complying with the Contract Documents. CON- NEER's consultants and all other parties named as insurers. TRACTOR shall notify OWNER in writing thereof within ten ,,... None of the above waivers shall extend to the rights that days of the date of delivery of such certificates to CON- any of the insured parties may have to the proceeds of TRACTOR in accordance with paragraph 2.7. OWNER and insurance held by OWNER as trustee or othemvise pey- CONTRACTOR shall each provide to the other such addi- able under any policy so issued, tional information in respect of insurance provided by each --' as the other may reasonably request. Failure by OWNER or 5.11.2. OWNER and CONTRACTOR intend that any CONTRACTOR to give any such notice of objection within policies provided in response to paragraphs 5.6 and 5.7 the time provided shall constitute acceptance of such insur- shall protect all of the parties insured and provide primary ance purchased by the other as complying with the Contract coverage for all losses and damages caused by the perils Documents. covered thereby. Accordingly, all such policies shall con- tain provisions to the effect that in the event of payment ,,, of any loss or damage the insurer will have no rights of Partial Utilization--Property Insurance: recovery against any of the parties named as insureds or 5.15. If OWNER finds it necessary to occupy or use a additional insurers, and if the insurers require separate portion or portions of the Work prior to Substantial Comple- waiver forms to be signed by ENGINEER or ENGI- tion of all the Work, such use or occupancy may be accom- ,,.- NEER's consultant OWNER will obtain the same, and if plished in accordance with paragraph 14.10; provided that no 13 such use or occupancy shali commence before the insurers 6.5. .'~[!materials,andequipmen;shai!beo~.goed providing the prope~y insurance have acknowledged notice ."nd new. except as otherwise provided in :he Con~rac~ Doc- - ~here°fand in ~riting effected the changes in coYerage nezes, uments. If required by ENGINEER. CONTRACTOR sha[ed thereby. The insurers prov~dinS the oro~er:,,, ir. sar. furnish safisfac[or,:, evidence (incfudJn2 repor:s of required ance shail consent by endorsement on the policy or policies. :es[s) as to [he kind and qualhy of materials and equi?men . ,,,-. but the property insurance shall not be cancelled or lapse on All materials and equipmenl shah be ap?lied, ins:ailed, con- account of any such partial use or occupancy, ne[ted, erected, used. cleaned and conditioned in accord:',nc~ ~ith the instructions of the applicable Supplier excep~ as ,,, otherwise provided in the Contract Documents: but no pro- vision of any such instructions ',,,'ill be effective to assign ARTICLE 6--CONTRACTOR'S RESPONSIBILITIES ENGINEEr, oran).' of ENGINEER's consuh~nts, a"ents or employees, any duty or authority to supervise or direct the ~. Supervision and Superintendence: furnishing or performance of the Work or any duty or author- [ty to undertake responsibility contrary to ['he provisions of 6.1. CONTRACTOR shall supervise and direct the Work para°.qraph 9.15 or 9.16. 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 Contract Doc'- Adjusting Progress Schedule: uments. CONTRACTOR shall be solely r~ponsible for the 6.6. CONTRACTOR shall submit to ENGINEER for means, methods, techniques, sequences and procedures of acceptance (to the extent indicated in parat, raph 2.9) ad.just- ,., construction, but CONTRACTOR shall not be responsible ments in the progress schedule to reflect the impact thereon for the negligence of others in the design or selection of a of new developments: these will conform generally to the specific means, method, technique, sequence or procedure progress schedule then in effect and additionally will'compl,,- of construction which is indicated in and required by the with an.,,, provisions of the General Requirements applicabl~ -- Contract Documents. CONTRACTOR shall be responsible thereto. to see that the finished Work complies accurately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all times Substitutes or "Or-Equal" Itents: during its progress a competent resident superintendent, x~ ho 6.7.1. Whenever materials or equipment are specified shall not be replaced without written notice to O\VNER and or described in the Contract Documents by using the name ,,- ENGINEER except under extraordinary circumstances. T.;.e of a proprietary item or the name ora particular Supt.;er superintendent will be CONTRACTOI~'s representatix e at the namine o1' the item is i .... -' ..... - . ,,,cnueu to e:t;~ell~h the ti the site and shall have authority to act on behalf of CON- function and quality required. Unless the name is follow, e2 TRACTOR. All communications given to the superintendent by words indicating that no substitution is permitted. "" shall be as binding as if given to CONTRACTOR. materials or equipment of other Suppliers may be accepted by ENGINEER if sufficient information is submitted b,,' CONTRACTOR to allow ENGINEER to determine that ~,. Labor, Materials and Equipment: the material or equipment proposed is equivalent or eou:..! to that named. The procedure for rexiex~ by ENGINE'ER 6.3. CONTRACTOR shall provide competent, suitably will include the following as supplemented in the General qualified personnel to survey and lay out the Work and ocr- Requirements. Requests for review of substitute items of t'orm construction as required by th'e Contract Documents. material and equipment ',.',,'ill not be accepted bk' ENGI. "' CONTRACTOR shall at all times maintain good discipline NEER from anyone other than CONTRACTOR.'IfCON. and order at the site. Except in connection with the safety or TRACTOR ,,'.'/shes to furnish or use a substitute item of protection of persons or the Work or property at the site or mater/al or equipment. CONTRACTOR shall make wr/~- adjacent thereto, and except as otherwise indicated in the ten application to ENGINEER for acceptance thereof. "" Contract Documents, all Work at the site shall be performed certifying that the proposed substitute will perform adc- dar/rig regular working hours, and CONTRACTOR will not qua[ely the functions and achieve the results called for by permit overtime work or the Performance of Work on Sat- the general design, be similar and of equal substance to --. urday, Sunday or any legal holiday without OWNER's wr/t- that specified and be suited to the same use as that spec- ten consent given after prior wr/tten notice to ENGINEER. tried. The application will state that the evaluation and acceptance of the proposed substitute will not prejudice 6.4. Unless otherwise specified in the General Require- CONTRACTOR's achievement of Substantial Comple- "' ments, CONTRACTOR shall furnish and assume full respon- [ion on time. whether or not acceptance of the substitute sibility for all mater/als, equipment, labor, transportation, for use in the Work will require a change in any of the construction equipment and machinery, tools, appliance, s, Contract Documents (or in the provisions of any other ,.,. fuel, power, light, heat, telephone, water, sanitary facilities, direct contract with OWNER for work on the Pro'eot) to temporary facilities and all other facilities and incidentals adapt the design to the proposed substitute and whether necessary for the furnishing, performance, testing, start-up and completion of the Work. or not incorporation or use of the substitut~ in connection "- with the Work is subject to payment of any license fee or 14 royalty. All variations el'the proposed substitute from that O~,VNER and ENGINEER and if CONTRACTOR has specif,~d ~i',i be identi~ed in the application and avai!abl¢ submit:ed a list thereof in accordance ,,~ith the Su??~- main:enance. -e?air and repl:~cement service ',,.'iii be indL- men:ar':' Conditions. O~,VNER's or E?,'G[N EER's accept- , ,, ' ' .,, ~ ( ....... ,'1 ~ er - cated. Thea?plication'~i"alsoconta:nanitem,~zed es;i- '~-c~ '~;~'''; ',v~tin~ by fai!inG to make ',~ri::en ma~e of al! costs that svill result directly or indirectly from fion thereto b)' the date indicated for acceptanc~ or acceptance of such substitute, includin~ costs of red~si~n tion in the biddin~ documents or :he Contrac: Documents) and claims o~ other contractors affected by the resulfin~ of any such Subcontractor, Supplier or other person or change, ~11 of s~hich shall be considered by ENGINEER organization so identified may be r~voked on the basis of in evatuatin~ the proposed substitute. ENGINEER may reasonable objection after due investigation, in which c3se r~quire CONTRACTOR lo furnish at CONTRACTOR's CONTRACTOR shall submit ~n acceptable substitute, the expense additional data about the proposed substitute. Contract Pfic~ s¥ill b~ increased by the difference in the cost occasioned by such substitution and ~n ~ppropfiat~ 6.7.2. I~ a specific me~ns, method, technique, sequence Chan~e Order will be issued or Written Amendment si~ned. or procedure of construction is indicated in or required by No acceptance by OWNER or ENGINEER of any such th~ Contract Documents, CONTRACTOR may furnish or Subcontractor, Supplier or otffer person or organization utilize a substitute means, method, sequence, ~echnique shall constitute ~ w~iver of any right of OWNER or ENGI- or procedure of construction acceptable ~o ENGINEER, NEER to reject de~ec~i~'e Work. i~ CONTRACTOR submits sufficient information to allow ENGINEER to determine that the substitute proposed is ~.9. CONT~&~OR shall b~ fully responsible to O~E~ ~quivalent to that indicated or required by the Contract and ENGINEER for all acts and omissions of ~he Subcon- Documents. The procedure for review by ENGINEER tractors. Suppliers and other persons and organizations p~r- will be similar to that ~rovided in paragraph 6.7.1 ~s applied forming or [urnishin~ any of the Work under a direct or by ENGINEER and as may be supplemenled in the Gen- indirect contract with CONTRACTOR jus~ as CONTRAC- oral Requirements. TOR is responsible for CONTRACTOR's own acts and omis- sions. Nothin~ in the Contract Documents sh~ll cre~e any 6.7.3. ENGINEER will be ~llosved a reasonable time contractual relationship between OWNER or ENGINEER within which to evaluate each proposed substitute. ENGI- and any such Subcontractor. Supplier or o~her person or NEER will be the sole jud~ of acceptability, and no organization, nor shall it crea~e any obligation on the p~rt of substitute will be ordered, installed or utilized without OWNER or ENGINEER lo p~y or to see to ~he payment of ENGINEER's prior written ~ccept~nce sYhich will be e¥i- an~' moneys due any such Subcontractor. Supplier or denced by either a Chan~e Order or ~n approved Shop person or organization except as tony o~herwise be required Drnwing. OXVNER may require CONTRACTOR to fur- b'.. La,.~s and Regulations. nish at CONTRACTOR's expense a special performance guarantee or o~her surety wi~h respect to any substitute. 6.10. The divisions and sections of the Speci~c~fions and ENGINEER will record time required by ENGINEER ~he identifications o~ ~ny Drawings shall not con~rol CON- and ENGINEER's consultants in evaluafin~ substitutions TRACTOR in dividin~ the Work amon~ Subcontractors or proposed by CONTRACTOR ~nd in makin~ ch~n~es in Suppliers or delineating ~he Work to be pe~ormed by any the Contract Documenis occasioned ihereby. Whether or specific trade. no~ ENGINEER accepts a proposed substitute. CON- TRACTOR sh~ll reimburse O~'NER ~or the char~es of 6.1 I. All SVork pedormed for CONTRACTOR b~' a Sub- ENGINEER and ENGINEER's consultants for ev~luat- contractor will be pursuant to an aporopriate, ao~e~ment~. . in~ each proposed substitute, between CONTRACTOR and the Subcontractor which cifically binds the Subcontractor to the applicable ~erms ~nd conditions of the Contract Documents for ~he benefit of Co~c~r~i~g Subco~r~ctor~, Suppliers ~d Others: OWNER and ENGINEER and contains w~iver provisions 6.8.1. CONTRACTOR shall not employ any Subcon- as required by paragraph 5.11. CONTRACTOR shall pay tractor, Supplierorotherpersonoror~anizafion(includin~ each Subcontractor a just share of any insurance moneys those ~cceptable to OWNER and ENGINEER as indi- received by CONTRACTOR on account of losses under pol- caied in p~ra~raph 6.8.2), whether initially or as a substi- icies issued pursuan~ ~o par~Braphs 5.6 and 5.7. tute, against whom OWNER or ENGINEER may have re~sonable objection. CONT~CTOR shall not be required to employ any Subcontractor. Supplier or o~her person or Pa~e~ F~ ~d or~anization to furnish or pedorm any ofthe Work aBainst 6.12. CONTRACTOR shall pay all license fees and roy- whom CONTRACTOR has reasonable objection, alti~s and ~ssume all costs incident to th~ use in the peffor- 6.8.2. If ~he Supplementary Conditions require th~ mance of ~he Work or th~ inco~oration in the Work of id~nti~y of c~nain Subcontractors, Suppliers or other p~r- invention, d~sign, process, product or device which is ~h~ sons or organizations (includinB those who are lo furnish subject of pa~ent fi~hts or copyrights held by others. If a ~he p~ncipal i~ms of materials and equipment) lo be sub- pa~icular invention, design, process, product or device is mitred to OWNER in advance of the specified date p~or specified in the Contract Documents for us~ in the to the Effective Date of the ABreement for acceptance by mance of the Work and if to the actual knowledge of O~ER 15 or ENGINEER its use is subject to pater,t rightsor copyrights place of the Project which are applicable during the per'for- ... calling for the payment of any license fee or royalty to others, manc¢ of the Work. the existence of such rights shall be disclosed by OWNER in the Contract Documents. 'CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and anyone Use of Premises: ,,,,', directly or indirectly employed by either of them from ~nd against all claims, damages, losses and expenses (including 6.16. CONTRACTOR shall confine construction equip- ment, the storage of materials and equipment and the oper- attorneys' fees and court and arbitration costs) arising out of ations of workers to the Project site and land and areas iden- any infringement of patent rights or copyrights incident to '" the use in the performance of the Work or resulting from the tiffed in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights- incorporation in the Work of any invention, design, process, of-way, permits and easements, and shall not unreasonably product or device not specified in the Contract Documents, . ,,. and shall defend all such claims in connection with any alleged encumber the premises with construction equipment or other infringement of such rights, materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any' shch land or area, or to the owner or occupant thereof or of any land or areas contig- ~' Permits: uous thereto, resulting from the performance of the Work. Should any claim be made against OWNER or ENGINEER 6.13. Unless otherwise provided in th,~ -qupplementao, by any such owner or occupant because of the performance Conditions, CONTRACTOR shall obtain and pay for all con- of the Work, CONTRACTOR shall promptly attempt to settle ,,,= struction permits and licenses. OWNER shall assist CON- with such other party by agreement or otherwise resolve the TRACTOR, when necessary, in obtaining such permits and claim by arbitration or at law. CONTRACTOR shall, to the licenses. CONTRACTOR shall pay all governmental charges fullest extent permitted by Laws and Regulations, indemnify and inspection fees necessary for the prosecution of the Work. and hold OWNER and ENGINEER harmless from and atainst '"' which are applicable at the time of opening of Bids, or if there all claims, damages, losses and expenses (including. b~t not are no Bids on the Effective Date of the Agreement. CON- limited to, fees of engineers, architects, attorneys and other TRACTOR shall pay all charges of utility owners for con- professionals and court and arbitration costs)arising directly. ,,.. nections to the Work, and OWNER shall pay all charges of indirectly or consequentially out of any action, legal or equi- such utility owners for capital costs related thereto such as table, brought by any such other party against OWNER or plant investment fees. ENGINEER to the extent based on a claim arising out of CONTRACTOR's performance of the Work. La)rs and Regulations: 6.17. During the. progress of the Work, CONTRACTOR 6.14.1. CONTRACTOR shall give all notices and shall keep the premises free from accumulations of waste ,,, comply with all Laws and Regulations applicable to fur- materials, rubbish and other debris resulting from the Work. nishing and performance of the Work. Except where otb- At the completion of the Work CONTRACTOR shall remove erwise expressly required by applicable Laws and Re~u- all waste materials, rubbish and debris from and about the lations, neither OWNER nor ENGINEER shall be respon- premises as well as all tools, appliances, construction equip- '-' sible for monitoring CONTRACTOR's compliance with merit and machinery, and surplus materials, and shall lea~e any Laws or Regulations. the site clean and ready for occupancy by OWNER. CON- TRACTOR shall restore to original condition all property not 1 .... If CONTRACTOR observes that the Specifi- designated for alteration by the Contract Documents. cations or Drawings are at variance with any Laws or Regulations, CONTRACTOR shall give ENGINEER 6.18. CONTRACTOR shall not load nor permit any part prompt written notice thereof, and any necessary changes of any structure to be loaded in any manner that will endanger ,., will be authorized by one of the methods indicated in the structure I para~)raph 3.4. If CONTRACTOR performs any Work , knowing or having reason to know that it is contrary to such Laws or Regulations, and without such notice to '"" ENGINEER, CONTRACTOR shall bear all costs arisin~ i therefrom; however, it shall not be CONTRACTOR's p~ Record Documents: mary responsibility to make certain that the Specifications 6.19. CONTRACTOR shall maintain in a safe place at ~ and Drawings are in accordance with such Laws and Regulations. the site one record copy of all Drawings, Specifications. Addenda, Written Amendments, Change Orders, Work Directive Changes, Field Orders and written interpretations Taxes: and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show ali changes made during con- 6.15. CONTRACTOR shall pay all sales, consumer, use struction. These record documents together with all approved and other similar taxes required to be paid by CONTRAC- samples and a counterpart of all approved Shop Drawings TOR in accordance with the Laws and Regulations of the will be available to ENGINEER for reference. Upon com- 16 ?ie',ion of the Work, these record documents, sam?ies ~nd Shot) Dra,,~in~s '.ill be d&ivered to ENGINEER fer OX~'ER. 6 ~ In emer~endes 3ffect~n~ the ~afetv or prot~ct~en of ~rsons or thc Work or prop¢~':' 3t ~he s~te er ~dj~cen~ thereto. CONTRA~OR, x~ ithout special inswuc:ion or from ENGINEER or OWNER, is obligated to ~c: ~o Safeo' and Proeecfion: threatened damage, injury or ~oss. CONTRACTOR shaft 6.20. CONTRACTOR shall be responsible for initiating. ENGlNEERprompt~fittennotice~'CONT~CTORbelieves . . .... . ?:: the Contract Documents have been causedtherebv. IfENGl- NEER dete~ines that a change in the Contract Decuments ~' ~ ..... is required because ~f the action taken in response to an ~~J~ emergency, a Work Directive Change or Change Order will be issued to document the consequences of the changes or 6.20.1. all employees on the Work and other persons vadations. and organizations who may be affected thereby; 6.20.2. all the Work and matehals and equipment to Shop Dra~'ing~ and Sample~: be inco~orated therein, whether in storage on or off the 6.23. After checking and vedfying all field measurements site; and and after complying with applicable procedures specified in the General Requirements, CONTRACTOR shall submit ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawing submissions (see para- ~aph 2.9), or for other appropdate action if so indicated in the Supplementary Conditions, five copies (unless othe~vise specified in the General Requirements) orall Shop Drawings, which will bear a stamp or specific wdtten indication that CONTRACTOR shall comply with all applicable kaws and CONTRACTOR has satisfied CONTRACTOR's responsi- Regulations of any public body having judsdiction for the bilities under the Contract Documents with respect to the safety of persons or property or to protect them from damage, review of the submission. All submissions will be identified injury or loss: and shall erect and maintain all necessa~' as ENGINEER may require. The data shown on the Shop safeguards for such safety and protection. CONTRACTOR Drawings ~'ill be complete with respect to quantities, dimen- shall notify o~ nets of adjacent property and o[ Underground sions, specifie~ pe~ormance and design criteria. Facilities and utility owners x~hen prosecution o[ the Work and similar dataAo enable ENGINEER to review the in,or- may affect them. and shall cooperate with them in the pro- marion as required. tectioa, removal, relocation and replacement o[ their prop- erty. All damage, injury or loss to any property refe~ed to 6.24. CONTRACTOR shall also submit to ENGINEER in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, for review and approval with such promptness as to cause in whole or in pan, by CONTRACTOR, any Subcontractor. no delay in Work, all samples required by the Contract Doc- Supplier or any other person or organization directly or indi- uments. All samples will have been checked by and accom- rectly employed by any o[ them to pe~orm or furnish any o~ partied by a specific written indication that CONTRACTOR theWorkoranyoneforwhoseactsanyofthemmaybeliable, has satisfied CONTRACTOR's responsibilities under the shallbe remedied by CONTRACTOR (except damage or loss Contract Documents with respect to the review o[ the attributable to the fault of Drawings or Specifications or to mission and wilt be identified clearly as to matehat, Supplier. the acts or omissions of OWN ER or ENGINEER or anyone pertinent data such as catalog numbers and the use for which employed by either o~ them or anyone for whose acts either intended. Of them may be liable, and not attdbutable, directly or indi- rectly, in whole or in para, to the [ault or negligence of CON- 6.25.1. Before submission of each Shop Drawing or T~CTOR). CONTRACTOR's duties and responsibilities sample CONTRACTOR shall have determined and veh- [or the sa[ety and protection of the Work shall continue until fled all quantities, dimensions, specified peffomance time all the Work is completed and ENGINEER has reda, installation requirements, matehals, catalog hum- such ~ssued a not~c~ to O~V~ ER and COMPaCtOR ~n accord- b~rs and s~mflar d~m wkh ~espect thereto ~nd ~nce w~th pmrmgmph ~4.13 that ~he ~o~k ~s ~ccepmble (~xcept or coordinated each Shop ~mw~ng or s~mple w~th other as o~he~vise expressly provided ~n connection wkh Subsmn- Shop D~w~ngs ~nd samples ~nd wkh the requirements fi~l Completion). the Work and the Conw~c~ Documents. 6.2~. COHT~CTOR shall d~s~gnate ~ r~spons~ble rep- 6.25.2. At the time of each submission, CO~C- resenmfive at ~he ske whose duty shmll be the prevention of TOR shaB We E~GI~EER specific written not~ce of each accidents. Th~s person shall b~ CONtraCtOR's supedn- vadmfion thmt the Shop Drawings or samples may have tendent unless othe~se designated ~n writing by CO~- from the requirements of ~he Contact Documents, rand, T~CTOR to O~ER. in addk~on, shah c~use a specific notation to be m~de on TRACTOR shall not endanger any work of others by cutting, tures which have been utilized by ENGINEER in prepanng ,,..., excavating or otherwise altering their `,`,'ork and '.,,'iii only cut the Drawings and Specifications. or alter their work with the written consent of ENGINEER and the others~those work will be affected. The duties and 8.5. OWNER's responsibilities in respeo of purchasing responsibilities of CONTRACTOR under this paragraph are and maintaining liability and property insurance are set forth "" for the benefit of such utility ov,'ners and other contractors in paragraphs 5.5 through 5.8. to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between 8.6. OWNER is obligated to execute Change Orders as OWNER and such utility owners and other contractors, indicated in paragraph 10.4. 7.3. If any part of CONTRACTOR's Work depends for 8.'7. OWNER's responsibility in respect of certain · proper execution or results upon the work of any such other inspections, tests and approvals is set forth in paragraph 13.4. '"- contractor or utility owner (or OWNER), CONTRACTOR shall inspect and promptly report to ENGINEER in writing 8.8. In connection with OWNER's right to stop Work or any delays, defects or deficiencies in such work that render suspend Work. see paragraphs 13. I0 and 15. I. Paragraph 15.2 it unavailable or unsuitable for such proper execution and deals with OWNER's right to termini~te services of CON- "- TRACTOR under certain circumstances. results. CONTRACTOR's failure so to report will constitute an acceptance of the other work as fit and p.roper for integra- tion with CONTRACTOR's Work except for latent or non- ,,,,. apparent defects and deficiencies in the other work. ARTICLE 9--ENGINEER'S STATUS DURING CONSTRUCTION Coordination: '"- 7.4. If OWNER contracts with others for the perfor- Owner's Representative: mance of other work on the Project at the site, the person or 9.1. ENGINEER will be OWNER's representative dur- organization who will have authority and responsibility for lng the construction period. The duties and responsibilities coordination of the activities among the various prime con- and the limitations of authority of ENGINEER as OWNER's tractors will be identified in the Supplementary Conditions. representative during construction are set forth in the Con- and the specific matters to be covered by such authority and tract Documents and shall not be extended without written responsibility will be itemized, and the extent of such author- consent of OWNER and ENGINEER. ,,- ity and responsibilities will be provided, in the Supplementary Conditions. Unless otherwise provided in the Supplementary Visits to Site: Conditions. neither OWNER nor ENGINEER shall have any authority or responsibility in respect of such coordination. 9.2. ENGINEER' will make visits to the site at intervals "" appropriate to the various stages of construction to obse~'e the progress and quality of the executed Work and to deter- mine. in general, if the Work is proceeding in accordance ARTICLE 8---OWNER'S RESPONSIBILITIES with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on-site inspections to check 8.1. OWNEP, shall issue all communications to CON- the quality or quantity of the Work. ENGINEER's efforts TRACTOR through ENGINEER. will be directed toward providing for OWNER a greater degree ,,- of confidence that the completed Work will conform to the 8.2. In case of termination of the employment of ENGI- Contract Documents. On the basis of such visits and on-site NEER, OWNER shall appoint an engineer against whom observations as an experienced and qualified design profes- CONTRACTOR makes no reasonable objection, whose sta- sional, ENGINEER will keep OWNER informed of the prog- '"- tus under the Contract Documents shall be that of the former tess of the Work and will endeavor to guard OWNER against ENGINEER. Any dispute in connection with such appoint- defects and deficiencies in the Work. ment shall be subject to arbitration. 8.3. OWNER shall furnish the data required of OWNER Project Representation: under the Contract Documents promptly and shall make pay- 9.3. If OWNER and ENGINEER agree, ENGINEER ments to CONTRACTOR promptly after they are due as will furnish a Resident Project Representative to assist ,.,- provided in paragraphs 14.4 and 14.13. ENGINEER in observing the performance of the Work. The duties, responsibilities and limitations of authority of any 8.4. OWNER's duties in respect of providing lands and such Resident Project Representative and assistants will be easements and providing engineering surveys to establish as provided in the Supplementary Conditions. If OWNER '" reference points are set forth in paragraphs 4.1 and 4.4. Para- designates another agent to represent OWNER at the site graph 4.2 refers to OWNER's identifying and making avail- who is not ENGINEER's agent or employee, the duties, able to CONTRACTOR copies of reports of explorations and responsibilities and limitations of authority of such other · ,- tests of subsurface conditions at the site and in existing struc- person will be as provided in the Supplementary Conditions. 19 C~arifications and Interpretations: ' to ENGINEER wriaen notice of intention to appeal from 9.4. ENGINEER will issue with reasonable promptness such a decision.  such written clarifications or interpretations of the require. merits of the Contract Documents (in the form of Drawino.s , or otherv,.ise) as ENGINEER may determine necessat3,, which Decisions on Disputes: shall be consistent with or reasonably inferable from the 9. I1. ENGINEER will be the initial interpreter of the overall intent ofthe Contract Documents. If CONTRACTOR requirements of the Contract Documents and judge of the believes that a written clarification or interpretation justifies acceptability of the Work thereunder. Claims. disputes and an increase in the Contract Pr/ce or an extension of the other matters relating to the acceptability of the Work or the Contract Time and the parties are unable to agree to the interpretationofthe requirements of the Contract Documents "" amount or extent thereof, CONTRACTOR may make a claim pertaining to the performance and furnishing of the Work and i therefor as provided in Article I 1 or Article 12. claims under Articles 11 and 12 in respect of chan~tes in the Contract Price or Contract Time will be referred initially to ENGINEER in writing with a request for a formal decision Authorized Variations in Work: in accordance with this paragraph, 'which ENGINEER will 9.5. ENGINEER may authorize minor variations in the render in writing within a reasonable time. Written notice of Work from the requirements of the Contract Documents which each such claim, dispute and other matter will be delivered ,"" do not involve an adjustment in the Contract Price or the by' the claimant to ENGINEER and the other party to the Contract Time and are consistent with the' overall intent of Agreement promptly (but in no event later than thirty days) the Contract Documents. These may be accomplished by a after the occurrence of the event giving rise thereto, and Field Order and will be binding on OWNER, and also on written supporting data will be submitted to ENGINEER and CONTRACTOR who shall perform the Work involved the °ther party within sixty days after such occurrence unless . promptly. If CONTRACTOR believes that a Field Order ENGINEER allows an additional period of time to ascertain justifies an increase in the Contract Price or an extension of more accurate data in support of the claim. the Contract Time and the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a 9.12. When functioning as interpreter and judge under claim therefor as provided in Article II or 12. paragraphs 9.10 and 9.11, ENGINEER will not show par- tiality to OWN'ER or CONTRACTOR and will not be liable Rejecting Defective Work: in connection v,'ith any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by 9.6. ENGINEER will have authority to disapprove or ENGINEER pursuant to paragraphs 9.10 and 9.11 :vithresgec: reject Work *.vhich ENGINEER believes to be defective, and to an,,' such claim, dispute or other matter lexcept an.,.' v.'hich ,,*.'ill also have authority to require special inspection or testin~ ' - have been waived by the making or acceptance of final pa.v- of the Work as provided in paragraph 13.9. whether or no'~ merit as provided 'in paragraph 14.16) *.,.'ill be a condition the Work is fabricated, installed or completed, precedent to any' exercise by OWNER or CONTRACTOR of such rights or remedies as either ma.,,, otherwise have under the Contract Documents or by Laws or Regulations in respezt Shop Drawings, Change Orders and Payments: of any such claim, dispute or other matter. 9.7. In connection with ENGINEER's responsibility for Shop Drawings and samples, see paragraphs 6.23 throuoh 6.29 inclusive. Limitations on E. VGLVEER'$ Responsibilities: 9.13. Neither ENGINEER's authority to act under this 9.8. In connection with ENGINEER's responsibilities as Article 9 or elsewhere in the Contract Documents nor any to Change Orders. see Articles 10, II and 12. decision made bv ENGINEER in good faith either to exercise or not exercise such authority shall give rise to any duty or 9.9. In connection with ENGINEER's responsibilities in responsibility of ENGINEER to CONTRACTOR. 'any Sub- respect o[' Applications for Payment, etc., see Article 14. contractor, any Supplier, or any other person or oruanization performing any of the Work, or to any surety for any of them. Determinations for Unit Prices: 9.14. Whenever in the Contract Documents the terms "as 9.10. ENGINEER will determine the actual quantities ordered", "as directed", "as required", "as allowed". "as ~" and classifications of Unit Price Work Performed by CON- approved" or terms of like effect or import are used. or the TtL..kCTOR. ENGINEER will review with CONTRACTOR adjectives "reasonable", "suitable", "acceptable". "proper" ENGINEER's preliminary determinations on such matters or "satisfactory" or adjectives of like effect or import are before rendering a written decision thereon (by recommen- used to describe a requirement, direction, review or judgment ~ dation of an Application for Payment or otherwise). ENGI- of ENGINEER as to the Work, it is intended that such NEER's written decisions thereon will be final and binding, requirement, direction, review or judgment will be solely to upon OWNER and CONTRACTOR, unless, within ten days evaluate the Work for compliance with the Contract Docu- gter the date of any such decision, either OWNER or CON- merits (unless there is a specific statement indicating other- ' TRACTOR delivers to the other party to the Agreement and wise). The use of any such term or adjective shall not be 20 effective to assign to ENGINEER any duty or authority to 10.4.3. changes in the Contract Price or Contract Time ~ suFervise or direct the furnishing or performance of the Work which embody the substance of any written decision ren- : or any duty or author-ity to undertake responsibility contrar'?' dered by ENGINEER pursuant to paragraph 9.1 I' to the provisions of paragraph 9.15 or 9.16. provided that. in lieu of executing an.'.' such Change Order. ,,,, an appeal ma5' be taken from any such decision in accordance [ 9.15. ENGINEER wilt not be responsible for CON- with the provisions ofthe Contract Documents and applicable , TR.ACTOR's means, methods, techniques, sequences or pro- Laws and Regulations. but during any such appeal, CON- cedures of construction, or the safety precautions and pro- TtLACTOR shall carry on the Work and adhere to the prog- ,,'-' yams incident thereto, and ENGINEER will not be respon- ross schedule as provided in paragraph 6.29. ~ sine for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents 7 9.16. ENGINEER will not be responsible for the acts or (including, but not limited to, Contract Price or Contract omissions of CONTRACTOR or of any Subcontractor, any Time) is required by the provisions of any Bond to be given Supplier, or of any other person or organization performing to a surety, the giving of any such notice will be CONTRAC- ,,, or furnishing any of the Work. TOWs responsibility, and the amount of each applicable Bond I ',viii be adjusted accordingly. ! - T ARTICLE 10~CHANGES IN THE WORK ARTICLE I I--CHANGE OF CONTRACT PRICE 10.1. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to 11.1. The Contract Price constitutes the total comport- time, order additions, deletions or revisions in the Work: sation (subject to authorized adjustments) payable to CON- these will be authorized by a Written Amendment, a Change TtL.-XCTOR for performing the Work. All duties, responsibil- Order, or a Work Directive Change. Upon receipt of any such ities and obligations assigned to or undertaken by CON- TRACTOR shall be at his expense without change in the document. CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable Contract Price. conditions of the Contract Documents (except as other~vise s:ecifica[lv 11.2. The Contract Price may only be changed by a Change provided}. · ' Order or by a Written Amendment. An.',' claim for an increase ' or decrease in the Contract Price shall be based on written 10.2. If OWNER and CONTRACTOR are unable to agree notice delivered by the party making the claim to the other as to the extent, if any, of an increase or decrease in the party and to ENGINEER promptly (but in no event later than . Contract Price or an extension or shortening of the Contract thirty days) after the occurrence of the event giving rise to ' Time that should be allowed as a result of a Work Directive the claim and stating the general nature of the claim. Notice Chan~,e. a claim may be made therefor as provided in Article ,,, - - of the amount of the claim with supporting data shall be I II or .Article 12. delivered within sixty days after such occurrence lunless ENGINEER allows an additional period of time to ascertain 10.3. CONTRACTOR shall not be entitled to an increase more accurate data in support of the claim) and shall be ,,- in the Contract Price or an extension of the Contract Time accompanied by claimant's written statement that the amount ~ with respect to any Work performed that is not required by claimed covers all known amounts (direct, indirect and con- the Contract Documents as amended, modified and supple- sequential) to xvhich the claimant is entitled as a result of the mented as provided in paragraphs 3.4 and 3.5, except in the occurrence of said event. All claims for adjustment in the '-- case of an emergency as provided in paragraph 6.22 and Contract Price shall be determined by ENGINEER in accor- except in the case of uncovering Work as provided in para- dance with paragraph 9.11 if OWNER and CONTRACTOR graph 13.9. cannot othe~vise agree on the amount involved. No claim · -- for an adjustment in the Contract Price will be valid if not 10.4. OWNER and CONTRACTOR shall execute appro- submitted in accordance with this paragraph 11.2. priate Change Orders (or Written Amendments) covering: 11.3. The value of any Work covered by a Change Order "" 10.4.1. changes in the Work which are ordered by or of any claim for an increase or decrease in the Contract OWNER pursuant to paragraph 10.1, are required because Price shall be determined in one of the following ways: of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14, or are 11.3.1. Where the Work involved is covered by unit agreed to by the parties; prices contained in the Contract Documents, by applica- tion of unit prices to the quantities of the items involved 10.4.2. changes in the Contract Price or Contract Time (subject to the provisions of paragraphs 11.9.1. through ,,- which are agreed to by the parties; and 11.9.3, inclusive). 21 11.3.2. By mutual acceptance ol'a lump sum (s~hich tolheotherprovisionso£theConlractDocumentsinsofar ma.,,' include an a!]owance for overhead and profit not as applicable. necessarily in accordance with paragraph I 1.6.2.1). ] 1.4.4. Costs ofspecial consultants (including but not 1].3.3. On the basis of the Cost of the Work (deter- limited to engineers, architects, lestinglaboratories. SL:r- mined as provided in paragraphs ] 1.4 and I 1.5) plus a veyors, attorneys and accountants) employed for services CONTRACTOR's Fee for overhead and profit (deter- specifically related to the Work. mined as provided in paragraphs I 1.6 and I].7). ' ll.4.5. Supplemental costs including the following: Cost of the Work: 11.4 q I The proportion of necessary transpo~a- tion. travel and subsistence expenses of CONTRAC- 11.4. The term Cost of the Work means the sum of all TOR's employees incurred in discharge ot'duties con- costs necessarily incurred and paid by CONTRACTOR in . the proper Performance of the Work. Except as other,vise nected with the Work. may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of 11.4.5.2. Cost. including tra~nsportation and main- the Project, shall include only the following items and shall tenance, of all materials, supplies, equipment, machin- not include any of the costs itemized in para~/raph 11.5: ery. appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work. and cost 11.4.1. Payroll costs for employees in the direct employ less market value of such items used but not consumed of CONTRACTOR in the performance of the Work under which remain the property of CONTRACTOR. schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employees not 11.4.5.3. Rentals of all construction equipment and employed full time on the Work shall be apportioned on machinery and the parts thereof whether rented from the basis of their time spent on the Work. Payroll costs CONTRACTOR or others in accordance with rental shall include, but not be limited to. salaries ~nd wages agreements approved by OWNER with the advice of plus the cost of fringe benefits which shall include social ENGINEER. and the costs of transportation, loading. security contributions, unemployment, excise and payroll unloading, installation, dismantling and removal taxes, workers' or workmen's compensation, health and thereof--all in accordance with terms of said rental retirement benefits, bonuses, sick lc:t: e. vacation and roi- agreements. The rental o£any such equipment, machin- ida>' pay applicable thereto. Such employees shall include err or parts shall cease when the u,,e thereofi~ no Ion,act sueerimendents and foremen at the site. The expenses of necessary for the Work. performing Work after regular working hours, on Satur- day. Sunday or legal holidays, shall be included in the I1.4.5.4. Sales. consumer, use or similar taxes above to the extent authorized by OWNER. related to the Work. and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.!.2. Cost of all materials and equipment furnished and incorporated in the Work. including costs of trans- I 1.4.5.'~ Deposits lost for causes other than portation and storage thereof, and Suppliers' field services - ' gence of CONTRACTOR. any Subcontractor or anv. required in connection therewith. All cash discounts shall - ., . one directly or indirectly employed by any of them or accrue to CONTRACTOR unless OWN ER deposits funds for ~ hose acts any of them max.' be liable, and roval:v with CONTRACTOR with which to make payments, in-.. payments and fees for permits and licenses. which case the cash discounts shall accrue to OWNER. ' All trade discounts, rebates and refunds and all returns I 1.4.5.6. Losses and damages (and related from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions expenses), not compensated by insurance or otherwise. so that they may be obtained, to the Work or otherwise sustained by CONTRACTOR in connection with the performance and furnishin~ of the Work (except losses and damages within ~the 11.4.3. Payments made by CONTRACTOR to the deductible amounts of property insurance established Subcontractors for Work performed by Subcontractors. by OWNER in accordance with paragraph 5.9). pro- If required by OWNER, CONTRACrFOR shall obtain vided they have resulted from causes other than the competitive bids from Subcontractors acceptable to CON- negligence of CONTRACTOR, any Subcontractor. or TRACTOR and shall deliver such bids to OWNER who anyone directly or indirectly employed by any of them will then determine, with the advice of ENGINEER, which or for whose acts any of them may be liable. Such bids will be accepted. If a subcontract provides that the losses shall include settlements made with the written Subcontractor is to be paid on the basis of Cost of the consent and approval of OWNER. No such losses, Work Plus a Fee, the Subcontractor's Cost of the Work damages and expenses shall be included in the Cost of shall be determined in the same manner as CONTRAC- the Work for the purpose of determining CONTRAC- TOR's Cost of the Work. All subcontracts shall be subject TOR's Fee. If, however, any such loss or damage 22 requires reconstruction and CONTRACTOR is placed CO.VTRACTOR's Fee: ,--, in charge thereof. CONTRACTOR shall be paid for 11.6. TheCONTRACTOR'sFeea'Io'~eJtoCONTRAC- , services a fee proportionate to that s:ated in paragraph TOR for overhead and profit shall be determined as follows: 11.6.2. 11.6.1. a mutually acceptable fixed fee: or if none :-an "" II.-I.5.7. The cost oF utilities, fuel and sani:arv facilities at the site. ' be agreed upon. h 11.4.5.8. Minor expenses such as telegrams, long 11.6.2. a fee based on the foi!owing percemages of t~e distance telephone calls, telephone service at the site. various portions of the Cost of the Work: ,. expressage and similar petty cash items in connection with the Work. 11.6.2.1. for costs incurred under paragraphs 11.~. and 11.4.2, the CONTRACTOR's Fee shall be fifteen  11.4.5.9. Cost of premiums for additional Bonds percent; and insurance required because of changes in the Work and premiums for property insurance coverage v,'ithin 11.6.2.2. for costs incurred under paragraph I 1.4.3. the limits of the deductible amounts established by the CONTRACTOR's Fee shall be ~ve percent: and if OWNER in accordance with paragraph 5.9. a subcontract is on the basis of Cost of the Work Plus a Fee. the maximum allowable to CONTRACTOR on 11.5. The term Cost of the Work shall ~ot include any of account of overhead and profit of all Subcontractors ,,'- the following: shall be fifteen percent; ' 11.5.1. Payroll costs and other compensation of CON- 11.6.2.3. no fee shall be payable on the basis of TRACTOR's officers, executives, principals (of partner- costs itemized under paragraphs 11.4.4, 11.4.5 and 11.5: " ship and sole proprietorships), general managers, engi- neers, architects, estimators, attorneys, auditors, accoun- 11.6._.4.'* the amount of credit to be allowed by tams. purchasing and contracting agents, expeditors. CONTR_&CTOR to OWNER for any such change'ahich timekeepers, clerks and other personnel employed by results ina net decrease in cost will be the amount of " CONTRACTOR whether at the site or in CONTRAC- the actual decrease deduction in CONTRAC- net plus a TOWs principal or a branch office for general administra- TOR's Fee by an nmount equal to ten percent of the tion of the Work and not specifically included in the agreed net decrease: and upon schedule of job classifications referred to in para- ,,raa.h I 1.4.1 or specifically covered by paragraph I I.-:.'~ I 1.6.2.5. when both addition~ and credits :.-re ' all of which are to be considered administrative costs involved in'any one change, the adjustment in CON- covered by the CONTRACTOR's Fee. TRACTOR's Fee shall be computed on the basis of the "" net chan~e in accordance with paragraphs 11.6.2.1 I 11.5.2. Expenses of CONTRACTOR's principal and - branch offices other than CONTRACTOR's office at the throogh 11.6.2.4, inclusive. site. 11.7. Whenever the cost of any Work is to be determined 11.5.3. Any part ofCONTRACTOR's capital expenses, pursuant to paragraph 11.4 or 11.5. CONTRACTOR ' inc!uding interest on CONTRACTOR'S capital employed submit in form acceptable to ENGINEER an itemized cos~ for the Work and charges against CONTRACTOR for breakdo,.vn together v.'ith supporting data. I delinquent payments. Cash Allowances: 11.5.4. Cost of premiums for all Bonds and for all ,,,, insurance whether or not CONTRACTOR is required by 11.8. It is understood that CONTRACTOR has included the Contract Documents to purchase and maintain the in the Contract Price all allowances so named in the Contract same (except for the cost of premiums covered by sub- Documents and shall cause the Work so covered to be done paragraph 11.4.5.9 above), by such Subcontractors or Suppliers and for such sums within ,,,,- the limit of the allowances as may be acceptable to ENGI- 11.5.5. Costs due to the negligence of CONTRAC- NEER. CONTRACTOR agrees that: TOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them 11.8.1. The allowances include the cost to CON- "" may be liable, including but not limited to, the correction TRACTOR (less any applicable trade discounts) of mate- of defective Work, disposal of materials or equipment rials and equipment required by the allowances to be deliv- wrongly supplied and making good any damage to prop- ered at the site, and all applicable taxes; and erty. 11.8.2. CONTRACTOR's costs for unloading and 11.5.6. Other overhead or general expense costs of handling on the site, labor, installation costs, overhead. any kind and the costs of any item not specifically and profit and other expenses contemplated for the allowances ,,-, expressly included in paragraph 11.4. have been included in the Contract Price and not in the 23 ~Io~ances. No demand for additional payment on account shall be determined b':' ENGINEER in accerdance with !rata- of any thereof will be valid. ~raph 9.1 t if OWNER and CONTRACTOR cannot etherwise agree. No c',aim for an adjus:ment in the Contract Time will "' P,'-ior to final pavment, an appropriate Chamze Order wiit be be ~,aiid if not · - - s~,~m~,,,d in accordance ~,ith the requirements issued as recommended by ENGINEER to reflezt actua! or'this paragraph 12.1. amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspond- 1" '~ The Contract Time wiil be ex:ended in an amount in~ly adjusted. -'-' ' - equal to time lost due to delays beyond the control of CON- TRACTOR if a cIaim is made therefor as provided in para- UnitPt~ce Work: graph 12.1. Such delays shall include, but not be limited to. acts or neglect by OWNER or others performing additional . 11.9.1. Where the Contract Documents provide that work as contemplated by .Article 7, or to fires, floods, labor all or part of the Work is to be Unit Price Work, initially disputes, epidemics, abnormal weather conditions or acts of the Contract Price will be deemed to include for all Unit God. Price Work an amount equal to the sum of the established " unit prices for each separately identified item of Unit Price 12.3. All time limits stated in the Contract Documents Work times the estimated quantity of each item as indi- are of the essence of the Agreement. The provisions of this cared in the Agreement. The estimated qua. ntities of items . Article 12 shall not exclude recovery for damages (including , of Unit Price Work are not guaranteed ~nd are solely for but not limited to fees and charges of engineers, architects. the purpose of comparison of Bids and determining, an attorneys and other professionals and court and arbitration initial Contract Price. Determinations of the actual quan- costs) for delay by either party. titles and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accor- dance with Paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to ARTICLE 13--WARRANTY AND GUARANTEE: TESTS AND INSPECTIONS. cover CONTRACTOR's overhead and profit for each sero · arately identified item. ' CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 11.9.3. Where the quantity of an,,' item of Unit Price Work performed by CONTRACTOb, differs materiall.,, Warrant.' and Guarantee: and significantly from the estimated quantity' of such item 13.1. CONTRACTOR warrants and guarantees to indicated in the Agreement and there is no corresponding, OWNER and ENGINEER that all Work will be in accor- adjustment with respect to any other item of Work and if dance with the Contract Documents and will not be defective. CONTRACTOR believes that CONTRACTOR has Prompt notice of all defects shall be given to CONTRAC- incurred additional expense as a result thereof, CON- TOR. All defective Work. whether or not in place, may' be TRACTOR may make a claim for an increase in the Con- rejected, corrected or accepted as provided in this Article 13. tract Price in accordance with Article I 1 if the parties are unable to agree as to the amount of any such increase. .4ccess to Work: 13.2. ENGINEER and ENGINEER's representatives. ARTICLE 12--CHANGE OF CONTRACT TIME other representatives of OWNER, testin~ a,vencies and ~,o','- ernmental agencies with jurisdictional interests will have access to the Work at reasonable times for their observation, inspecting 12.1. The Contract Time may only be changed by a Change and testing. CONTRACTOR shall provide proper and safe Order or a Written Amendment. Any claim for an extension conditions for such access. ,. or shortening of the Contract Time s'hall 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 Tests and Inspections: thirty days) after the occurrence of the event giving rise to 13.3. CONTIL'-XCTORshallgiveENGINEERtimelynotice " the claim and stating the general nature of the claim. Notice of readiness of the Work for all required inspections, tests or of the extent of the claim with supporting data shall be deliv- approvals. ""' ered within sixty days after such occurrence (unless ENGI- ] NEER allows an additional period of time to ascertain more 13.4. If Laws or Regulations of any public body having accurate data in support of the claim) and shall be accom- jurisdiction require any Work (or part thereo0 to specifically partied by the claimant's written statement that the adjust- be inspected, tested or approved, CONTRACTOR shail ~ merit claimed is the entire adjustment to which the claimant assume full responsibility therefor, pay all costs in connection g has reason to believe it is entitled as a result of the occurrence therewith and furnish ENGINEER the required certificates '"- of said event. All claims for adjustment in the Contract Time of inspection, testing or approval. CONTRACTOR shall also 24 7' be responsible for and shall pay all costs in connection with thereof, CONTRACTOR ma.',' make a claim therefor as pro- ,,... any inspection or testing required in connection with OWN- vided in Articles I I and 12. [ ER's or ENGINEER's acceptance ora Supplier of materials , or equipment proposed to be incorporated in the Work. or of Owner May Stop the Work: materials or equipment submitted for approval prior toCON- 13.10. If the Work is defective, or CONTRACTOR fails TRACTOR's purchasethereofforincorporationintheWork, to supply sufficient skilled workers or suitable materials or The cost of all inspections, tests and approvals in addition to equipment, or fails to furnish or perform the Work in such a the above which are required by the Contract Documents way that the completed Work will conform to the Contract shall be paid by OWNER (unless otherwise specified). ,,- Documents. OWNER may order CONTRACTOR to st. op the Work. or any portion thereof, until the cause for such order 13.5. All inspections, tests or approvals other than those has been eliminated; however, this right of OWNER to stop required by Laws or Regulations of any public body having the Work shall not give rise to any duty on the part of OWNER ? jurisdiction shall be performed by organizations acceptable to exercise this right for the benefit of CONTRACTOR or ]. to OWNER and CONTRACTOR (or by ENGINEER if so any other party. specified). 13.6. If any Work (including the work of others) that is Correction or Removal of Defective Work: to be inspected, tested or approved is covered without written 13.11. If required by ENGINEER, CONTRACTOR shall concurrence of ENGINEER, it must, if requested by ENGI- promptly, as directed, either correct all defective Work, NEER, be uncovered for observation. Such uncovering shall whether or not fabricated, installed or completed, or, if the ,. be at CONTRACTOR's expense unless CONTRACTOR has Work has been rejected by ENGINEER, remove it from the given ENGINEER timely notice of CONTRACTOR's inten- ' site and replace it with nondefective Work. CONTRACTOR tion to cover the same and ENGINEER has not acted with shall bear all direct, indirect and consequential costs of such reasonable promptness in response'to such notice, correction or removal (including but not limited to fees and ' charges of engineers, architects, attorneys and other profes- 13.7. Neither observations by ENGINEER nor inspec- sionals) made necessary thereby. lions, tests or approvals by others shall relieve CONTRAC- TOR from CONTRACTOR's obligations to perform the Work One Year Correction Period: in accordance with the Contract Documents. 13.12. If within one year after the date of Substantial Completion or such longer period of time as ma5' be pre- scribed by Laws or Regulations or by the terms of any appli- Uncovering Work: cable special gua~'antee required by the Contract Documents 13.8. lfany Work is covered contras' to the written request or by any specific provision of the Contract Documents. an.,.' . of ENGINEER. it must. if requested by ENGINEER. be Work is found to be defective, CONTRACTOR shall promptly. uncovered for ENGINEER's observation and replaced at without cost to OWNER and in accordance with OWNER's CONTRACTOR's expense, written instructions, either correct such defective Work. or. if it has been rejected by OWNER. remove it from the site 13.9. If ENG1NEER considers it necessary or advisable and replace it with nottdefec'tive Work. If CONTRACTOR that covered Work be observed by ENGINEER or inspected does not promptly comply with the terms of such instructions. ~,- or tested by others. CONTRACTOR. at ENGINEER's or in an emergency where delay would cause serious risk of i request, shall uncover, expose or otherwise make available loss or damage, OWNER may have the defective Work cor- rected or the rejected Work removed and replaced, and all ' for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all direct, indirect and consequential costs of such removal and "' necessary labor, material and equipment. If it is found that replacement (including but not limited to fees and charges of i such Work is defective, CONTRACTOR shall.bear all direct, engineers, architects, attorneys and other professionals) will indirect and consequential costs of such uncovering, expo- be paid by CONTRACTOR. In special circumstances where sure, observation, inspection and testing and of satisfactory, a particular item of equipment is placed in continuous service ; reconstruction, (including but not limited to fees and charges before Substantial Completion ofall the Work, the correction of engineers, architects, attorneys and other professionals), period for that item may start to run from an earlier date if and OWNER shall be entitled to an appropriate decrease in so provided in the Specifications or by Written Amendment. ,,- 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 11. If, however, such Work is not found to be Acceptance of Defective Work: defective, CONTRACTOR shall be allowed an increase in 13.13. If. instead of requiring correction or removal and "' the Contract Price or an extension of the Contract Time, or replacement of defective Work, OWNER (and, prior to both, directly attributable to such uncovering, exposure, ENGINEER's recommendation of final payment, also observation, inspection, testing and reconstruction; and, if ENGINEER) prefers to accept it, OWNER may do so. CON- ,_ the parties are unable to agree as to the amount or extent TRACTOR shall bear all direct, indirect and consequential 25 cos:s attribut.~ble to OWNER's evaluation of' and deferral- ARTICLE I '-~--PA'f.MENTS TO CONTRACTOR .AND nation to accept such def¢crire Work (such costs to be approved COMPLETION .-- by ENGINEER as to reasonableness and to include but be limited to f'e~s and charges of engineers, architects. . Schedule of Values.. heys and other professionals). If any such acceptance occurs g,-iorto ENGINEER's recommendation of final payment, a 14.1. The schedule of values eslablished as provided in '"'"' Change Order will be issued incorporating the necessary re,,i- paragraph 2.9 will serve as the basis for progress payments sions in the Contract Documents with respect to the Work: and ',,,'ill be incorporated into a form of Application for Pay- and OWNER shall be entitled to an appropriate decrease in merit acceptable to ENGINEER. Pro~ress payments on ,. the Contract Price, and, if the parties are unable to agree as account of Unit Price Work will be based on the number of to (he amount thereof, OWNER may make a claim therefor units completed. as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Application for Progress Payment: '"' CONTRACTOR to OWNER. 14.2. At least twenty days before ~ach progress payment is scheduled (but not more often than once a month), CON- ,~ OWNER May Correct Defective Work: TRACTOR shall submit to ENGINEER for review an Appli- · cation for Payment filled out and signed by CONTRACTOR 13.14. If CONTRACTOR fails within a reasonable time c°vering the Work completed as ofthe date ofthe Application after written notice of ENGINEER to proceed to correct and and accompanied by such supporting documentation as is ,-- to correct defective Work or to remove and replace rejected required by the Contract Documents. lfpayment is requested on the basis of materials and equipment not incorporated in Work as required by ENGINEER in accordance with para- the Work but delivered and suitably stored at the site or at graph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CON- another location agreed to in writing, the Application for '-- TRACTOR fails to comply with any other provision of the Payment shall also be accompanied by a bill or sale. invoice Contract Documents, OWNER may, after seven days' writ- or other documentation warranting that OWNER has received ten notice to CONTRACTOR. correct and remedy any such the materials and equipment free and clear of all liens, char=es. ,-- . ' security interests and encumbrances (which are hereina?ter deficiency. In exercising the rights and remedies under this in these General Conditions referred to as "Liens") and para,apb OWNER shall proceed expeditiously. To the extent necessa~, to complete corrective and remedial action. OWN ER evidence that the materials and equipment are covered by · appropriate prooertv insurance and other arrangements to ma,.' exclude CONTRACTOR from all or part of the site. take· - ' protect OWNER's interest therein, all of which will be sat.'. -- possession of all or part of the Work. and suspend CON- isfactory to O',VNER. The amount of retainage with respec: TRACTOR's services related thereto, take possession of to proeress paymenis will be as stipulated in the Aureement. CONTRACTOR's tools, appliances, construction equipment .. and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWN ER CONTRA CTOR's Warranty of Title: has paid CONTRACTOR but which are stored elsewhere. - CONTRACTOR shall allow OWNER. OWNER's represen- 14.3. CONTRACTOR warrants and guarantees that title '-- tatives, agents and employees such access to the site as may to all Work. materials and equipment covered by any .-kpol - be necessary to enable OWNER to exercise the rights and cation for Payment. whether incorporated in the Project or ' not. will pass to OWNER no later than the time of payment remedies under this paragraph. All direct, indirect and con- free and clear of all Liens. ' .- sequential costs of OWNER in exercising such rights and remedies will be charged against CONTRACTOR in an amount approved as to reasonableness by ENGINEER. and a Change Review of Applications for Progress Payment: Order will be issued incorporating the necessary revisions in 14.4. ENGINEER will. within ten days after receipt of --. the Contract Documents with respect to the Work: and each Application for Payment. either indicate in writino_ a OWNER shall be entitled to an appropriate decrease in the recommendation of payment and present the Application~to Contract Price, and, if the parties are unable to agree as to OWNER, or return the Application to CONTRACTOR indi- ,- the amount thereof, OWNER may make a claim therefor as cating in writing ENGINEER's reasons for refusing to rec- provided in Article 11. Such direct, indirect and consequen- ommend payment· In the latter case, CONTRACTOR mas, rial costs will include but not be limited to fees and charges make the necessary corrections and resubmit the Applic~- of engineers, architects, attorneys and other professionals, lion. Ten days after presentation of the Application for Pay- --. all court and arbitration costs and all costs of repair and ment with ENGINEER's recommendation, the amount fcc- replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's ommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by defective Work. CONTRACTOR shall not be allowed an OWNER to CONTRACTOR. --' extension of the Contract Time because of any delay in per- formance ofthe Work attributable to the exercise by OWNER 14.5. ENGhNEER's recommendation of any payment ,-- of OWNER's rights and remedies hereunde'r, requested in an Application for Payment will constitute a 26 re?resentation by E.'x'GINEER to OWNER. based on ENGi- OW.NER to a set-off a~ainst the amounl recommended. ""' .NEER's on-si~e observations of the \Vork in progress as an O\V.NER must ?'e CO.NTRACTOR immediate ;~,dt~en nolice experienced and qualified design professional and on E%'GI- (with a co?y to E~'GI.NEER) statin~ tY, e reasons for NEER's review o[ the Application for Payment and the ac:ion. ,,,,,,, accompanying data ~ffd schedules that the Work has pro- gressed to the point indicated: that. to the best of ENGI- NEER's kno'.~.ledge, information and belief, the quality of Substantial Com;~letiot~: the Work is in accordance with the Contract Documents 14.8. \",'hen CONTRACTOR considers the entire Work ,,,,, (subject to an evaluation of the Work as a functioning whole ready for its intended use CONTRACTOR shall notify prior to or upon Substantial Completion. to the results of any OWNER and ENGINEER in writing that the entire Work is subsequent tests called for in the CoG:tract Documents, to a substantially complete (except for items specifically [isted bF' final determination of quantities and classifications for Unit CONTRACTOR as incomplete) and request that ENGI- "" Price Work under paragraph 9.10, and to any other qualifi- NEER issue a certificate of Substantial Completion. Within cations stated in the recommendation): and that CONTIL-XC- a reasonable time thereafter, OWNER. CONTRACTOR and TOR is entitled to payment of the amount recommended. ENGINEER shall make an inspectibn of the Work to deter- However, by recommending any such payment ENGINEER mine the status of completion. If ENGINEER does not con- ,,,.'ill not thereby be deemed to have represented that exhaus- sider the Work substantially complete, ENGINEER will notff'y tire or continuous on-site inspections have been made to CONTRACTOR in writing giving the reasons therefor. If check the quality or the quantity of th~ Work beyond the ENGINEER considers the Work substantially complete. ~ responsibilities specifically assigne.d to ENGINEER in the ENGINEER will prepare and deliver to OWNER a tentative Contract Documents or that there may not be other matters certificate of Substantial Completion which shall fix the date or issues between the parties that might entitle CONTRAC- of Substantial Completion. There shall be attached to the TOR to be paid additionally by OWNER or OWNER to certificate a tentative list of items to be completed or cot- '''' v,,'irhhold payment to CONTRACTOR. rected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make 14.6. ENGINEER's recommendation of final payment written objection to ENGINEER as to any provisions of the ,.,,,, ,,,,'ill constitute an additional representation by ENGINEER certificate or attached list. It". after considering such objec- to OWNER that the conditions precedent to CONTRAC- tions, ENG1NEER concludes that the Work is not substan- TOR's beingentitled to finalpayment as set forthin paragraph tially complete. ENGINEER will within fourteen days after 14.13 have been fulfilled, submission of the tentative certificate to OWNER notify · ,,,,. CONTRACTOR in writing, stating the reasons therefor. If. ~-:'.7. ENGINEER may refuse to recommend thc whote after consideration of OWNER's objection';. ENGINEER or any part of any payment if. in ENGINEER's opinion, it considers the Work. substantially complete. E.NGINEER v.i[l ,,-, would be incorrect to make such representations to OWNER. within said fourteen' days execute and deliver to OWNER ENGINEER may also refuse i.o recommend an.,,' such pa.','- and CONTRACTOR a definitive certificate of Substantial' mont. or, because of subsequently discovered evidence or Completion tv,'ith a revised tentative list of items to be corn- the results of subsequent inspections or tests, nullify any such pleted or corrected) reflecting such changes from the tentative ,,,., payment previously recommended, to such extent as may be certificate as ENGINEER believes justified after consider- necessary in ENGINEER's opinion to protect OWNER from ation of any objections from OWN ER. At the time of delh.'ery loss because: of the tentative certificate of Substantial Completion ENGI- N E ER will deliver to OWN ER and CONTRACTOR a written I-.,. t.1. the Work is defective, or completed Work has recommendation as to division of responsibilities pendin~ been damaged requiring correction or replacement, final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat. 14.7.2. the Contract Price has been reduced by Writ- utilities, insurance and warranties. Unless OWNER and ten Amendment or Change Order, CONTRACTOR agree otherxvise in writing and so inform ENGINEER prior to ENGINEER's issuing the definitive 14..7.3. OWNER has been required to correct defoe- certificate of Substantial Completion, ENGINEER's afore- · '- tire Work or complete Work in accordance with paragraph said recommendation will be binding on OWNER and CON- 13.14, or TRACTOR until final payment. 14.7.4. of ENGINEER's actual knowledge of' the 14.9. OWi'qER shall have the right to exclude CON- "- occurrence of any of the events enumerated in paragraphs TRACTOR from the Work after the date of Substantial Com- 15.2.1 through 15.2.9 inclusive, pletion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. ,,- OWNER may refuse to make payment of the full amount recommended by ENGINEER because claims have been Partial Utilization: made against OWNER on account of CONTRACTOR's per- formance or furnishing of the Work or Liens have been filed 14.10. Use by OWNER of any finished part of the Work, · -- in connection with the Work or there are other items entitling which has specifically been identified in the Contract Docu- 27 ments, or which OWNER, ENGINEER and CONTR_4C- ' 14.10.3. ,%'0 eccupanc'.,, or separate operation of part TOR agree constitutes a separately functioning and useak'Ie of the Work '.',iii k'e accomplished p. rior to com?iance ~'ith '"" part of the Work that can be used by O",VNER wi:hour sig- the req~-:irements of paragraph 5.15 in respect of nificant interference with CONTRACTOR's performance of insurance. the remainder of the Work. may be accomplished pr'ior to ,,_ Substantial Completion of all the Work subject to :kc £oilow- lng: Final lnspecsion: 14.10.1. OWNER at any time may request CON- 14.11. Upon written notice from CONTRACTOR that the eatire Work or an agreed portion thereof s complete, ENGI- ,,,,. TRACTOR in writing to permit' OWNER to use an.,,' such NEER will make a ,final inspection with OWNER and CON- part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CON- T,".L.-XCTOR and will notify CONTRACTOR in writing of all TRACTOR agrees, CONTRACTOR wil~ certifyto OWNER particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately "- and ENGINEER that said part of the Work is substantially take such measures as are necessary to remedy such deft'- complete and request ENGINEER to issue a certificate of ciencies. Substantial Completion for that part of the Work. CON- TRACTOR at any time may notify OWNER and ENGI- NEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substan- FinalApplication for Payment: tially complete and request ENGINEER to issue a certif- 14.12. After CONTRACTOR has completed all such cot- ,,- icate of Substantial Completion for that part of the Work. rections to the satisfaction of ENGINEER and delivered all Withinareasonabletimeaftereithersuchrequest,OWNER. maintenance and operating instructions, schedules, guaran- CONTRACTOR and ENGINEER shall make an inspec- tees, Bonds, certificates of inspection, marked-up record tion of that part of the Work to' determine its status of documents (as provided in paragraph 6.19) and other docu- '"- completion. If ENGINEER does not consider that part of ments--all as required by the Contract Documents, and after the Work to be substantially complete, ENGINEER will ENGINEER has indicated that the Work is acceptable {sub- notify OWNER and CONTRACTOR in writing giving the ject to the provisions of paragraph 14.16). CONTRACTOR ,,- reasons therefor. If ENGINEER considers that part of the may make application for final payment following the pro- Work to be substantially complete, the provisions of para- cedure for pro~ess payments. The final Application for Pay- graphs 14.8 and 14.g will apply with respect tocertification ment shall be accompanied by all documentation called for of Substantial Completion of that pan of the Work and the in the Contract Documents, together with complete and legally ,,.,. division of responsibility in respect thereof and access effective releases or waivers (satisfactory to OWNER) ofa!l thereto. Liens arising out of or filed in connection v,'ith the Work. In lieu thereof and as approved by OWNER, CONTRACTOR 14.10.2. OWNER may at any time request CON- may furnish receipts or~releases in full; an affidavit ofCON- · ,- TRACTOR in writing to permit OWNER to take over TRACTOR that the releases and receipts include all labor. operation of any such part of the Work although it is not services, material and equipment for which a Lien could be substantially complete. A copy of such request will be filed, and that all payrolls, material and equipment bills, and sent to ENGINEER and within a reasonable time there- other indebtedness connected with the Work for which "- after OWNER. CONTRACTOR and ENGINEER shall OWNER or OWNER's property might in any way be respon. make an inspection of that part of the Work to determine sib!e, have been paid or otherwise satisfied: and consent of its status of completion and will prepare a list of the items tee surety, if an.,,', to final payment. If any Subcontractor or ,-. remaining to be completed or corrected thereon before S~pplier fails to furnish a release or receipt in full. CON- final payment. If CONTRACTOR does not object in writ- TRACTOR may furnish a Bond or other collateral satisfac- lng to OWNER and ENGINEER that such pan of the tory to OWNER to indemnify OWNER auainst any Lien. Work is not ready for separate operation by OWNER. ~ ' ,,-. ENGINEER will finalize the list of items to be completed or corrected and will deliver such list to OWNER and Final Payment and Acceptance: CONTRACTOR together with a written recommendation 14.13. If, on the basis of ENGINEER's observation of as to the division of responsibilities pending final payment the Work during construction and final inspection, and '"- between OWNER and CONTRACTOR with respect to ENGINEER's review of the final Application for Payment security, operation, safety, maintenance, utilities, insur- and accompanying documentation--all as required by the ance, warranties and guarantees for that part of the Work Contract Documents, ENGINEER is satisfied that the Work ,_. which will become binding upon OWNER and CON- has been completed and CONTRAcTOR's otherobli~ations TRACTOR at the time when OWNER takes over such under the Contract Documents have been fulfilled, ~NGI- operation (unless they shall have otherwise agreed in writ- NEER will, within ten days after receipt of the final Appli- lng and so informed ENGINEER). During such operation cation for Payment, indicate in writing ENGINEER's rec- "- and prior to Substantial Completion of such part of the ommendation of payment and present the Application to Work, OWNER shall allow CONTRACTOR reasonable OWNER for payment. Thereupon ENGINEER will give access to complete or correct items on said list and to written notice to OWNER and CONTRACTOR that the Work complete other related Work. ,-. is acceptable subject to the provisions of paragraph 14.16. 28 Other.vise, ENGINEER will return the Application to CON- CONTRACTOR's continuing obligations under the Con- ,.- TRACTOR, indicating in writing the reasons for refusing to tract Documents; and recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Appli- 14.16.2. a waiver of all claims by CONTRACTOR cation. Thirty days after presentation to OWNER of the against OWNER other than those previously made in writ- '"" Application and accompanying documentation, in appropri- lng and still unsettled. ate form and substance, and with ENGINEER's recommen- dation and notice of acceptability, the amount recommended ,,- by ENGINEER will become due and willbe paid by OWNER ARTICLE 15---SUSPENSION OF WORK AND to CONTRACTOR. TERMINATION 14.14. If, through no fault of CONTRACTOR, final corn- '''' pletion of the Work is significantly delayed and if ENGI- OwnerMay Suspend Work: NEER so confirms, OWNER shall, upon receipt of CON- 15.1. OWNER may, at any tim, e and without cause, sus- TRACTOR's final Application for Payment and recommen- penal the Work or any portion thereof for a period of not more ,. ration of ENGINEER, and without terminating the Agree- than ninety days by notice in writing to CONTRACTOR and merit, make payment of the balance due for that portion of ENGINEER which will fix the date on which Work will be the Work fully completed and accepted.. If the remaining resumed. CONTRACTOR shall resume the Work on the date balance to be held by OWNER for Work no~ fully completed so fixed. CONTRACTOR shall be allowed an increase in the ~ or corrected is less than the retainage stipulated in the Agree- Contract Price or an extension of the Contract Time, or both, ment, and if Bonds have been furnished as required in para- directly attributable to any suspension if CONTRACTOR graph 5.1, the written consent of the surety to the payment makes an approved claim therefor as provided in Articles ! 1 of the balance due for that portion of the Work fully com- and 12. "' pleted and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions gov- Owner May Terminate: __ erning final payment, except that it shall not constitute a 15.2. Upon the occurrence of any one or more of the waiver of claims, following events: 15.2.1. ifCONTIL&CTOR commences a voluntary case ,.. Contractor's Continuing Obligation: under an>' chapter of the Bankruptcy Code (Title I l. United 14.15. CONTRACTOR's obligation to perform and com- States Code). as now or hereafter in effect, or if CON- plete the Work in accordance with the Contract Documents TRACTOR take.s any equivalent or similar action by filing shall be absolute. Neither recommendation of any progress a petition or othe?wise under any other federal or state '" or final payment by ENGINEER, nor the issuance of acer- law in effect at such time relating to the bankruptcy or tificate of Substantial Completion, nor any payment by insolvency: OWNER to CONTRACTOR under the Contract Documents. .=. nor any use or occupancy of the Work or any part thereof by 15.2.2. if a petition is filed against CONTRACTOR OWNER, nor any act of acceptance by OWNER nor any under any chapter of the Bankruptcy Code as now or failure to do so, nor any review and approval of a Shop hereafter in effect at the time of filing, or if a petition is Drawing or sample submission, nor the issuance of a notice filed seeking any such equivalent or similar relief against ,'- of acceptability by ENGINEER pursuant to paragraph 14.13. CONTIL-kCTOR under any other federal or state law in nor any correction of defective Work by OWNER will con- effect at the time relating to bankruptcy or insolvency: stitute an acceptance of Work not in accordance with the Contract Documents or a release of CONTRACTOR's obli- 15.2.3. if CONTRACTOR makes a general assignment '" gation to perform the Work in accordance with the Contract for the benefit or' creditors; Documents (except as provided in paragraph 14.16). 15.2.4. it' a trustee, receiver, custodian or agent of .... CONTRACTOR is appointed under applicable law or under Waiver of Claims: contract, whose appointment or authority to take charge 14.16. The making and acceptance of final payment will of property of CONTRACTOR is for the purpose of constitute: enforcing a Lien against such property or for the purpose -" of general administration of such property for the benefit 14.16.1. a waiver of all claims by OWNER against of CONTRACTOR's creditors; CONTRACTOR, except claims arising from unsettled Liens, from defective Work appearing after final inspec- 15.2.5. if CONTRACTOR admits in writing an inabil- '"' tion pursuant to paragraph 14.11 or from failure to comply ity to pay its debts generally as they become due; with the Contract Documents or the terms of any special guarantees specified therein; however, it will not consti- 15.2.6. if CONTRACTOR persistently fails to perform ,,- tute a waiver by OWNER of any rights.in respect of the Work in accordance with the Contract Documents 29 (including. but not limited to. faiiure to su?pi:.'sufScient ]5.3. V','kere CONTRACTOR's services have been so skilled ~torkers or suitable materials or eq,eipment or :erminn:ed ~5' OWNER, tko termination s~iil ne: a;-fec: any failure to ad~er~ :o :~e progress s:~edzle established 'c~der ~gh:s or remedies of OWNER against CONTRACTOR ~hen paragraph 2.gas revised from time to fime~, existfne or ~hich ma~ thereafter ac:rue..Ap" re:en'.i,on er ~asment o[ moneTs due CONTRACTOR b', O~VNER 1~.2.7. i( CONTRACTOR disre=ards Laws or Reo,,- no~re~easeCONTRACTORfrom lations ofan':' public body hay:rig jurisdiction: 15.4. Upon seven days' written notice to CONTRAC- tS.2.8, if CONTRACTOR disregards the authori~v ef TOR and ENGINEER. OWNER may, without cause and ENGINEER: or - st i~hout prejudice to any other right or remedy, elect to aban- don the Work and terminate the .Agreement. In such case. 15.2.9. if CONTRACTOR otherwise violates in any CONTRACTOR shall be paid for all Work executed and anv substantial way any provisions of the Contract Docu- expense sustained plus reasonable te~inafion ex~enses, which ments; wilt include, but not be limited to, direct, indirect and con- sequential costs (including, but not limited to, fees and charges OWNER may, after giving CONTRACTOR (and the surety, of engineers, architects, attorneys and o~her professionals if there be one) seven days' written notice and to the extent and court and arbitration costs). permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR-from the site and take possession ortho Work and of ail CONTRACTOR's ConttactorM~y Sto~ }t'ori or Terminate: tools, appliances, construction equipment and machinery at 15.5. If, through no act or fault of CONTRACTOR. the the site and use the same to the full extent they could be used Work is suspended for a period of more than ninety days by by CONTRACTOR (without liability to CONTRACTOR for OWNER or under an order ofcoun or other public authoNty. trespass or conversion), inco~orate in the Work all materials or ENGINEER fails to act on any Application for Payment and equipment stored at the site or for which OWNER has ~'ithin thirty days after it is submitted, or OWNER f~ils for paid CONTRACTOR but which are stored elsewhere, and thirty days ~o pay CONTRACTOR any sum finally deter- finish the Work as OWNER may deem expedient. In such .nined to be due. then CONTRACTO~ may. upon seven case CONTRACTOR shall not be enlitled to receive any days' written notice to OWNER and ENGINEER. ~ermina~e further payment until the Work is finished. If the unpaid the Agreement and recover from OWNER payment for all balance of the Contract Price exceeds the direct, indirect and Work executed and any expense sustained plus reasonable consequential costs of completing ~he Work lincluding but ~ermination expenses. In addition and in lieu of terminatin~ no~ limited to fees and charges of engineers, architects, at;or- the Agreement. i~' ENGINEER has failed to ac~ on an Appii~ heys and other professionals and court and itrbitration costs~ ca:ion for Payment or OWNER has failed to make an': such excess will be paid to CONTRACTOR. If such costs ~.ent as aforesaid. CONTRACTOR may upon seven days' exceed such unpaid balance, CONTRACTOR shall pay the wdtten notice ~o OWNER and ENGINEER stop the Work difl~rence to OWNER. Such costs incurred by OWNE~ will until payment of all amounts then due. The provisions of this be approved as to reasonableness by ENGIN ~ER and incor- paragraph shall not relieve CONTRACTOR of the obligations pora~ed in a Change Order, bu~ when exercising any rights under paragraph 6.29 ~o carry on the Work in accordance or remedies under this paragraph OWN ER shall not be required 'a kh the progress schedule and without delay durin~ disoutes to obtain the lowest price for the Work pegormed, and disagreements with OWNER. ' ' [The remainder of this page ',','as left blank intentionally.] .ARTICLE I6--ARBITRATION .&merican Arbitration Association. and a copy `.,.iil be sent :o .. ENGINEER for information. The demand for arbitration ',~. iii 16.1. Ail claims, disputes and other matters in question be made within the thirty-day or ten-day period specified in between OWNER and CONTRACTOR arising out of. or paragraph 16.2 as applicable, and in all other cases ,.vitnin a .- relating to the Contract Documents or the breach thereof reasonable time after the claim, dispute or other matter in (except for claims which have been wai',ed by the making or question has arisen, and in no event shall an.,,' such demand. acceptance of final pa.,,'ment as provided by paragraph l~.. 16) be made after the date ,.,,hen institution of legal or equitable '.,,'itl be decided by arbitration in accordance with the Con- proceedings based on such claim, disput,e or other matter in -- struction Industry Arbitration Rules of the American Arbi- question `.,.ould be barred by the appiicable statute of limi- tration Association then obtaining subject to the limitations rations. of this Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accor- 16.4. No arbitration arising out of or relating to the Con- - dance herewith as provided in this Article 16 will be specifi- tract Documents shall include by consolidation.joinder or in cally enforceable under the prevailing law ofany court having any other manner any other per.son or entity (including jurisdiction. ENGINEER. ENGINEER's agents; employees or consul- tants) ','.'ho is not a party to this contract unless: 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER 16.4.1. the inclusion of such other person or entity is initially for decision in accordance with paragraph 9.11 will necessary ffcomplete relief is to be afforded among those ,,-,- be made until the earlier of(a) the date on which ENGINEER who are already parties to the arbitration, has rendered a decision or (b) the tenth day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that 16.4.2. such other person or entity is substantially " date. No demand for arbitration of any such claim, dispute involved in a question of law or fact which is common to or other matter will be made later than thirty days after the those who are already parties to the arbitration and which date on which ENGINEER has rendered a written decision ',,,'ill arise in such proceedings, and .- in respect thereof in accordance v,'ith paragraph 9.1 I: and the failure to demand arbitration within said thirty days' period 16.4.3. the written consent of the other person or entity shall result in ENGINEER's decision being final and binding sought to be included and of OWNER and CONTRAC- upon OWNER and CONTRACTOR. If ENGINEER renders TOR has been obtained for such inclusion, which consent -- a decision after arbitration proceedings have been initiated, shall make specific reference to this paragraph: but no such decision ma.,,' be entered as evidence but `.~. ill not supersede such con~e.~t shall constitute consent to arbitration or' an': the arbitration proceedings, except where the decision is dispute not specifi.cally described in such consent or to acceptable to the parties concerned. No demand for arbitra- arbitration with any party not specifically identified in such " tion of any written decision of ENGINEER rendered in consent. accordance with paragraph 9. l0 will be made later than ten days after the party making such demand has delivered v,'rit- ten notice of intention to appeal as provided in paragraph 16.5. The award rendered by the arbitrators will be final. 9.10. judgment may be entered upon it in an.,.' court having juris- diction thereof, and will not be subject to modification or 16.3. Notice of the demand for arbitration ,,','ill be filed in appeal except to the extent permitted by Sections 10 and 11 -- writing v.'ith the other party to the Agreement and with the of the Federal Arbitration Act (9 U.S.C. §310.111. [The remainder of this page was left blank intentionally.] [This page was left blank intentionally.] ARTICLE IT--MISCELLANEOUS sion or ac: of tk.e other pa~'.,' er et' an':' of tk`e ot}',er ?a,~;,' s employees or agents or ochers ['or whose acts the other part}' ~" Gi~'in~ ~,'o~ice: is legally' liable, claim will be made in ',~ritir, g to the ?a?,y within a reasonable time o[ the first obse~'ance of suck, 1'7.1. 'Whenever any provision of the Contract Docu- injury ordamaae. The provisions of this paragraph 17.3 snail merits requires the giving of written notice, it will be deemed ' - ,,,, not be cons;rued as a substitute for er a s~'aiver ef the pre- to have been validly given if delivered in person to the indi- visions of an.,,' applicable statute of limitations or repose. vidual or to a member o[' the firm or to an officer of corporation for whom it is intended, or if ddivered at or sent ,,., by registered or certified mail, postage prepaid, to the last 17.-I. The duties and obligations imposed by these Gen- business address known to the giver of the notice, eral Conditions and the rights and remedies available here- under to the parties hereto, and, in particular but without Computation of Time: limitation, the warranties, guarantees and obligations imposed "" 17.2.1. When any period of time is referred to in the upon CONTIL-XCTOR by paragraphs 6.30.1.3.1, 1.3.12.1_3.14. Contract Documents by days, it will be computed to exclude 1-1.3 and 15.2 and all of the rights and remedies available to the first and include the last day of such period. If the last OWNER and ENGINEER thereunder, are in addition to. day of any such period falls on a Saturday or Sunday or and are not to be construed in any way as alimitation of. any '"' on a day made a legal holiday by the law of the applicable rights and remedies available to any or all of them which are jurisdiction, such day will be omitted from the computa- otherwise imposed or available by Laws or Regulations. by eton. special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this para.eraph '"' 17.2.2. A calendar day of twenty-four hours measured will be as effective as if repeated specifically in the Contract from midnight to the next midnight shall constitute a day. Documents in connection with each particular duty, obliga- tion, right and remedy to which they apply. Ail representa- ~.. General: tions, warranties and guarantees made in the Contract Doc- 17.3. Should OWNER or CONTRACTOR suffer injury, uments will survive final payment, and termination or com- er damage to person or property because of any error, omis- pletion of the A_o_.reement. AGREEMENT STATE OF TEXAS -- COUNTY OF DALLAS THIS AGREEMENT, MADE AND ENTERED INTO THIS day of , -- A.D. 1994, by and betweenthe CITY of COPPELL of the County of DALLAS and State of Texas, acting through it's Mayor, Tom Morton thereunto duly authorized so to do, Party of the First Part, hereinafter termed OWNER, and M.A. Vinson Construction Company, Inc. - of the City of Fort Worth, County of Tarrant and State of Texas, Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First Part (OWNER), and under the conditions expressed in the bond bearing even date herewith, the said Party of the Second Part (CONTRACTOR), hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: Stream G-6/Bethel School Road Drainage Improvements - DR 93-06 and all extra work in connection therewith, under the terms as stated in the General Conditions of the Agreement and at his (or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with the Notice to Contractors, General and Special Conditions of Agreement, Plans and other drawings and printed or written explanatory matter thereof, and the Specifications and addenda therefor, as prepared by O'brien Engineering and the City of Coppell Engineering Department herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR and the ENGINEER, together with the CONTRACTOR's written Proposal, the General Conditions of Agreement, and the Performance and Payment Bonds hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire contract. The Contractor hereby agrees to commence work within ten (10) days after the date written notice to do so shall have been given to him, and to substantially complete the same, within 175 calendar wcrk~ng days after the date of the written notice to commence work, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the contract. Agreement _ Page 2 IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. CITY OF COPPELL M.A. VINSON CONSTRUCTION CO., Inc. -- .p.Party of t~ First Part (OWNER) Party of the Second P~rt (CONTRACTOR) ~' ~ By~.C~-~--~)~ ~., _ ^~s~: ? ,. ^~s~: BOND NO. HAV-608 POWER NO. ~.~, PAYMENT BOND STATE OF TEXAS COUNTY OF DALLAS } KNOW ALL MEN BY THESE PRESENTS: That M.A. Vinson Construction Company, Inc. of the City of Fort Worth, County of Tarrant, and State of Texas, as principal, and -- DALLAS FIRE INSURANCE COMPANY authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the City of Coppell (Owner), in the penal sum of Two hundred thirteen thousand, one hundred eighty- - eight dollars and eight cents ($ 213,188.08) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: Whereas, the Principal has entered into a certain written contract with the Owner, dated the 30th day of NOVEMBER , 1994, for the installation of a 10' x 6' box - culvert with wing walls and apron; about 400 L.F. of concrete pilot channel; about 260 C.Y. of Gabion retaining wall; grading and sodding of about 2300 L.F. of earthen channel; and other incidentals to complete the work. The work shall be as shown on the construction plans (DR 93-06) and shall consist of furnishing all labor, equipment, tools and incidentals necessary to complete the work as described in the plans and specifications. Which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; _.. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were -- copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, -- alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same shall in anyway 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 to be performed thereunder. Payment Bond -- Page 2 IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this -- instrument this 30th day of NOVEMBER , 1994. H.A. VINSON CONSTRUCTION CO.,INC. DALLAS FIRE INSURANCE COHPANY - I~RINCIPAL SURETY Title: M.A. VINSON, PRESIDENT Title: TOM YOUNG, ATTORNEY-IN-FACT Address: 6910 MIDNAY ROAD Address: P.0. BOX 331269 __ FORT NORTH, TEXAS 76181 FORT NORTH, TEXAS 76163 The name and address of the Resident Agem of Surety is: TEXAS CONTRACTORS SURETY AND CASUALTY AGENCY 5608 MALVEY, STE. 305 FORT NORTH, TEXAS 76107 (817) 731-1995 DALI.,AS FIRE INSUILa. NCE COMPANY ~22 M,Z;,m Av~. Fo. Worth, Teas 761{{ BOND NO. NAV-608 POWER NO. ~'~lZ~ GENERAL POWER OF AI'FORNEY Know All Men By These Presents, That Dallas Fire Insurance Company has made, constituted and appointed, and by these presents does make, constitute and appoint: Fred ^. Thetford, Jr and Tom its true and lawful attorney, for it and its name, place, and stead to execute on behalf or,arid Company, as surety, bonds, undertakings and contracts of suretyship to be given to: ALL OBLIGEES provided that no bond or undertaking or contract of ~uretyship executed under this authority shall exceed in mount the sum of: $2,000,000.00 This Power of ^ttomey is gnmted and is signed and sealed by facimile under ~ by t~ authority of the following Resolution adopted by the Board of Directors of the Company on the 1st day of July, 1993. "RESOLVED, that the President, or a Vice President of the Company, be, and that each or any of them hereby is authorized to execute Powers of Attorney qualifying the attorney named in ~e given Power of Attorney to execute in behalf of the Company, bonds, undertakings and all contracts of suretyship and that a Vice President or the Secretary is authorized to attest the execution of any such Power of Attorney, and to at~ach thereto the seal of the Company. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Atmomey or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed an in the future with respect to any bond, underta 'king or contract of suretyship to which it is attached". In Witness Whereof, Dallas Fire Insurance Company has caused its official seal to be hereunto affxed, and these presents to be signed by the presitlent and attested by its Vh:e President this 22nd day of June, 1994. Richard R. B~k, Vice Pr~ident Michael L. Milam, Prt~lent ST^TE OF TEXAS COUNTY OF T~La, NT SS: On this 22nd day of June, 1994, before me personally came Michael L. Milam to me known, who being by duly sworn, did depose and say that he is Presider, of the DALLAS FIRE INSURANCE COMPANY, the corporation described in and which e~ ecmved,.t ~ ....a~ .~?ument, that he knows the seal of the said corporation, that the seal afl, ed to the said instrument is such corporate.se~.,4.1ma~_ ~$ .a,mO{~6.~'.,.,a~., .xed by order of the Board of Directors of said corporation and that he si ed his name hereto b like ed, etary of DALLA$ FIRE INSURANCE COMPANY, a Texas corporation, DO HEREBY tll~,!~e tbregolng aha attached Power of Attomey remains in full force and has not been revoked, and furth~more that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force. Signed and sealed at the City of Fort~h, in the State__ted the 30th day of NOVEIql3£R ,199/~ power.sam RICHARD R. Beck, Secretary BOND NO. MAV-608 PO~ER NO. f~! t~ PERFORMANCE BOND STATE OF TEXAS } COUNTY OF DALLAS KNOW ALL MEN BY THESE PRESENTS: That M.A. Vinson Construction Company, Inc. of the City of Fort Worth, County of Tarrant, and State of Texas, as principal, and -- DALLAS FIRE INSURANCE COMPANY authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the City of Coppell (Owner), in the penal sum of Two hundred thirteen thousand, one hundred eighty- - eight dollars and eight cents ($ 213,188.08) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: Whereas, the Principal has entered into a certain written contract with the Owner, dated the 30t;h day of NOVEMBER , 1994, for the installation of a 10' x 6' box culvert with wing walls and apron; about 400 L.F. of concrete pilot channel; about 260 C.Y. of Gabion retaining wall; grading and sodding of about 2300 L.F. of earthen channel; and other _ incidentals to complete the work. The work shall be as shown on the construction plans (DR 93-06) and shall consist of furnishing all labor, equipment, tools and incidentals necessary to complete the work as described in the plans and specifications. Which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if _. the said Principal shall faithfully perform said Contact and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and _. according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; -. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were -- copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, -' alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same shall in anyway 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 to be performed thereunder. . - OOND NO. MAV-608 POI~ER NO. Performance Bond -- Page 2 IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this -- instrument this 3Oth day of NOVEMBER , 1994. M.A. VINSON CONSTRUCTION CO.: INC. DALLAS FIRE INSURANCE COMPANY __ ,/P~NCI, PAL SURETY By: ~.,"~.(~. (.~..2tx~ ~ By: Title: M.A. VINSON, PRESIDENI Title: IOW YOUNG, AIIORNEY-IN-FACI Address: 6910 HIDWAY ROAD Address: P,O, BOX 331269 FORT NORTH~ TEXAS 76181 FORT NORTH~ TEXAS 76163 The name and address of the Resident Agent of Surety is: TEXAS CONTRACTORS SURETY & CASUALTY AGENCY 5608 MALVEY, STE. 305 FORT WORTH, TEXAS 76107 (817) 7~1-1995 '~' '~ DALLAS FIRE INSURANCE COMPANY 6122 MoC,~rt ^v~,'F~ Wor~, ?~x~s 7~]Z~ BOND NO. MAV-608 POWER NO. ~ow ~1 M~ By ~e Pre~nts, ~t D~I~ Fire ~e C~y ~s made, con~imt~ ~d appointS, and by these pre.ms do~ make, ~nstitute and appoint: Fred A. Thetford, Jr and Tom it~ tree ~d ia~l a~omey, for it ~d its name, pla~, ~nd stud to execute on ~fof~d Com~, as surety, bonds, unden~ngs ·nd ~ntra~s of ~r~s~p to ~ ~ven to: ~L OBLIGEES pro~d~ that no ~nd or undeR~ng or ~ntm~ of mr~yship ~m~ u~ t~s authority shall exc~d in ~ount the sum of: - $2,000,000. T~s Pow~ of ARomey is ~t~ ~d is si~ ~d ~ ~ ~d~le under aM by t~ authority of the follo~ng R~lution adopt~ by the Bo~d ofDir~o~ oft~ Comply on ~e ! ~ ~y offS, 1~3. · ~SOL~D, t~t the President, or a Vice ~e~d~t of the Core.ny, be. ~d that ~ch or any of them her~y is ~tho~ to ex--re Powers of Atto~ qu~i~ng t~ a~om~ ~ ~ ~e ~v~ Power of A~omey to ~te ~ ~lfofthe .. -- Comply, ~nds, unde~ngs ~d ~ ~ntra~s of sur~s~p ~ t~t a ~ ~i~ ~ the S~ is ~tho~ to ~est the ~uti~ of~y ~ch Pow~ of ARomey, ~d to aRach thoro the ~ of~ Comply. -- ~R ~SOL~D, that the si~atures of~ch offi~s and the ~I of the Comply may be ~x~ to any ~ch Power of ARom~ or to ~y ce~ificate relating t~r~o ~ facsi~le, and ~ ~ch Pow~ of ARo~ or ~cate ~ng tach facsi~le si~atur~ or facsi~le ~ shall ~ ~id and binding u~n the Comfy w~n ~ ~x~ ~ in t~ ~ture ~th resp~t to ~y ~nd, und~a~ng or ~ntra~ of sureWs~p to w~ch it is attach~~. ~ Wimess ~r~f, D~ F~e ~mr~ce ~mp~y has ~ its offi~ ~ to ~ hereunto ~x~. ~d the~ ~ts to ~ ~ by t~ p~iamt ~d ~ by its ~ ~dmt t~s 22nd ~y ofJune, i ~4. ~~ ~~~--~~ D~LAS F~ ~S~CE CO~ ~c~d R. ~k Vi~ Pr~ident ~chael L. ~1~ ~t ~ STA~ OF CO~Y OF T~ SS: ~ t~s 22M ~y of June, 1~4, ~fore me ~rm~ly ~ ~c~el L. ~lm ~ me ~o~ ~o ~ng by duly ~o~ did d~se ~d ~y that he is ~e~d~ of the D~LAS F~ ~S~CE CO~, t~ ~mtion de~b~ in ~ch ~t~'~.~ ~tinmont, t~t he ~ow~ the ~1 of the ~d m~ratio~ tMt tM ~ ~x~d to ~e ~id inmment is tach m~or~t~,~q~.~ ~ ~x~ by order of the B?rd of~r~ors of md ~mtion and that he si~ed ~s ~e her~o by like ;.?i;.~'o'~ ~ / -~:~..-: _ : ,.,:.~., .... : ~. ~? .. ~ NOT~Y P~LIC, S~te of T~ .;.:.~ ~:~u~~, ~reta~ olD.LAS F~ ~S~CE CO~, a Texas ~mtio~ DO ~BY -- CER~Y t~ ~dr~0ing ~d aHach~ Pow~ of AHom~ remains ~ ~!I for~ ~d has not b~ r~ok~, and ~h~o~ t~t the R~lufion oft~ Board ofDir~ors, ~t fo.h in the ~id Power ofA. omey, is ~w in for~. Si~ and ~ at ~e C~ 0fF0,/~ in t~ Stale~t~ ,he 30th day 0f '~,[~[R .1~ ~wer.~ ~C~ R. B~ BOND NO. MAV-608 HAINTENANCE BONI) P0h'ER NO. ~,~ ~ ~LL ~ ~ ~SE P~~S: T~T M.A. VlNSON CONSTRUCTION C0., INC. AS PRINCIPAL, DALLAS FIRE INSU~CE COMP~ AS SURETY, ARE HELD ~ FI~LY BO~ ~TO CITY 0F COPPELL AS OBLIGEE, IN THE FULL ~D JUST S~ OF ONE HUNDRED SIX THOUSAND FIVE HUNDRED NINETY FOUR & 0~/10~OLLARS -- ($ 106,59~. 0~**** ), LAWFUL MON~ OF THE ~ITED STATES, TO THE PAINT OF ~ICH S~, ~LL ~ TRULY TO BE __ ~E, THE PRINCIPAL ~ S~TY BI~ TH~SEL~S, THEIR ~ ~CH OF THEIR HEIRS, EXECUTOr, ~MINIST~TORS, SUCCESSORS ~ ASSIGNS, JOINTLY ~ S~LLY, FI~LY BY THESE P~SENTS: -- ~S, T~ PRINCIPAL ~S ENTE~D INTO A ~ITT~ CONTACT DATED NOVE~ER ~ ~99~ WITH CITY OF COPPELt FOR STREAM G-6/BETHEL 5CHO0t R0~ - DRAINAGE IMPROVE~NT PROJECT ~DR 9~-06 ~, SAID CONTACT PROVIDES T~T THE PRINCIPAL WILL F~ISH A BO~ CO~ITIO~ TO GU~TEE FOR T~ PERIOD OF TWO (2) Y~R(S) AFTER ~ow~ o~ ~H~ ~ ~cc~c~ o~ ~D ~O~, ~ ~ C~, DU~N~ S~D ~OD. _ ~..'~~. ~ CO~O~ O. ~S O~L~.~O~ ~ ~ ~. ~ .~ ~U~ ~ ~ON O~ ~ D~~ .~~ O~ .O~~H~ ~CH ~CO~ ~~ D~.~ ~H~ ~O~~ ~O~. ~H~. ~H~ O~~O~ --- S~ ~ VOID. O~.~~ ~O ~~ ~ .UL~ FO~C~ ~ ~C~. DALLAS FI~ INSU~CE CO~P~ (su~) BY: TOM YOUNG '- IN-FACT DALLAS FIRE INSURANCE COMPANY 6122 MoCanAv~,Forl Worth, Texas 76133 B0J~) NO. MAV-6Ofl PONER NO. ~)~/.~ ._ GENERAL POWER OF ATI'ORNEY Know Ail Men By These Presents, That Dallas Fire Insurance Company has made, constituted and appointed, and by these presents does make, constitute and appoint: Fred A. Thctford, Jr and Tom its true and lawful attorney, for it and its name, place, and stead to execute on behalfofsaid Company, as surety, bonds, undertakings and contracts of suretyship to be given to: -- ALL OBLIGEES provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of: $2,000,000.00 This Power of Attorney is granted and is signed and sealed by facimile under and by tb~e authority of the following -- Resolution adopted by the Board of Directors ofthe Company on the 1st day of July, 1993. 'RESOLVED, that the President, or a Vice President of the Company, be, and that each or any of them hereby is authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company, bonds, undertakings and all contracts of suretyship and that a Vice President or the Secretary is authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. -- FURTHER RESOLVED, that the signatures of such officers and the seal ofthe Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate beating such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed an in the future with respect to any _ bond, undertaking or contract of suretyship to which il is attached". In Witness Whereof. Dallas Fire Insurance Company has caused its official se~ to be hereunto affixed, and these presents to be signed by the presRlent and attested by its V'me President this 22nd day of June, 1994. Richard R. Beck, Vice President Michael L. Milam, President ~ STATE OF TEXAS COUNTY OF TARRANT SS: On this 22nd day of June, 1994, before me personally came Michael L. Milam to me known, who being by duly sworn, did depose .and say that he is President of the DALLAS FIRE INSURANCE COMPANY, the corporation described in and which execu!ved~.~l~. ,.,.a~ ~?ru~ment, that he knows the seal of the said corporation, that the ~ afl, ed to the said instrument is such o~rrd~orate,,,seal&-t_~ ~ ~ ~xed by order of the Bo~ard of Directors of said corporation and that he signed his name hereto by like _. CERTiF~.t~l~-~e, fi~n.~t~, e?: ,,~'r,et..nry of D~A?LAS FIRE .IyS. _L _/R~......CE COMPANY, a Texas corporation, DO HEREBY · , ego g ano attacneo rower of~ttorney remains m f~ll force and has not been revoked, and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force. _ signed and se~ed at the City of Fort,~, in tbe State__ted tbe ~m:h day of m0vr~£~ ,~99 4 power.sam RICHARD R. Beck, Secretary SHADOW RIDGE/DEVONSHIRE DRAINAGE IMPROVEMENTS DR 94-01 (rebid 2/17/1995) ~1'-~ 44 g Item Quanity Unit Description Engineer's Est. Humphrey & Morton Thomco Construction John Copeland Enterprises, Inc. Concrete Gunite/Shotcrete Unit Price Total Unit Price Total Unit Price Total Price Unit Price Total Unit Total Price Price Price Price Price 1 1 L.S. Concrete 70,500.00 70,500.00 74,550.00 74,550.00 70,500.00 70,500.00 52,000.00 52,000.00 n/a n/a Channel lA 1 L.S. Gunite no bid no bid no bid no bid no bid no bid n/a~ n/a 35,100.00 35,100.00 Channel 2 275 C.Y Excavation& 10.00 2,750.00 23.70 6,517.50 20.00 5,500.00 50.50 13,887.50 50.50 13,887.50 Recompaction 3 75 C.Y Excavation & 10.00 750.00 8.70 652.50 20.00 1,500.00 120.00 9,000.00 120.00 9,000.00 Haul Off 4 4 ea. Rem. &Rep. 750.00 3000.00 510.00 2,040.00 1,000.00 4,000.00 1,500.00 6,000.00 1,500.00 6,000.00 Flumes 5 1 ea. 18" Pipe 500.00 500.00 460.00 460.00 500.00 500.00 750.00 750.00 750.00 750.00 Connection 6 14650 S.F. Hydromulch 0.50 7,325.00 0.01 146.50 0.12 1,758.00 0.30 4,395.00 0.30 4,395.00 7 1480 S.F. Sidewalk 2.50 3,700.00 2.79 4,129.20 3.25 4,810.00 2.75 4,070.00 2.75 4,070.00 FROM : p~r,~or~lc FA?. ~:~'STEIq PHOI4E I~0. : F~_.b. 1:--: 1995 12:d6PM P1 Diamond (;unite Officers: Dennis O~Brien, Prcsidcm Ten3, Barber, Vice President Richard O~Brien, Secretary, Treasurer Diamond Gunite was formed Jan. I, I995 to provide quality- sex;ice to those companies or individuals using shot~rete or wet mix gunite. Teny Barber is the managing partner in the firm and has 20 plus years in the application of wet mix gunite. Both of the other officers bring 30 years of experience in business management to ~e company. This combination of production experience and management experience will enable Diamond Crunite to operate a quality business on a sound financial base. Diamond Crunite is starting this operation with brand new, top of the line equipment in order to give you the service you need and deserve. Credit Information: Bank One, TX 1111 Beltline Road Garland, TX 75O40 214/414-3000 Ama: Tayna Longino, Bank Officer 523 Sterling Dr., Richardson, 'iX 75081 214/235-2558 FROH ; Pama$or,~¢ FRX SYSTEfd PHOf4E 140. : F~_L',. ~'.=_'. 1'-~'~5 12:46,Pf,'1 Presently doing work for customers such as: Legacy Pools Sierra Pools 9741 Preston Rd. #209 409 Burch Lane Frisco, TX 75034 Richardson, TX 75081 Hobert Pools, Inc. Shamrock Pools Inc. 300 S. Central Expressway 5905 I. udian Hills Dr. Richardson, TX 75080 Garland, TX 75044 Suppliers: Custom Crete, Inc. 2624 Joe Field Rd. Dallas, TX 75229 Reed Manffac~ng 661 Brea Canyon Road, Ste. #7 Walnut, CA 91789-0486 909/594-7000 DATE: October 19,1994 ADDENDUM NO.: ONE (1) PROJECT: STREAM G-6/BETHEL SCHOOL ROAD DRAINAGE IMPROVEMENTS (DR 93-06) BID DATE/TIME: October 26,1994 @ 10:00 am 1. Section 1 - Supplementary Conditions of the Agreement ARTICLE 5- BONDS AND INSURANCE SC-5.1. Add: BID SECURITY: A cashier's check or an acceptable Bidder's Bond payable to the City of Coppell in an amount of not less than five percent (5%) of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten (10) days after the contract has been awarded. Bids without check or bid bond will not be considered. All bid securities will be returned to the respective bidders within ten (10) days after bids are opened, except those which the Owner elects to hold until the successful bidder has executed the contract. Thereafter, all remaining securities, including security of the successful bidder, will be returned within ten (10) days after the contract is awarded. NOTES FROM THE PRE-BID CONFERENCE: 2. Bid Opening changed from October 26, 1994 to October 31, 1994 at 10:00 a.m. 3. Precast box culvert beneath Bethel School Road is an acceptable alternative to cast in place. Prior approval of the precast box culvert specifications will be required. 4. Note//14 in the construction plans should be deleted. Sodding will be required as per the specifications. 5. Under no circumstances will the City allow the closure of Bethel School Road. A minimum of one lane with flagmen will be required at all times. Safe two-way traffic will be required after hours. DATE: October 28, 1994 ADDENDUM NO.: TWO (2) PROJECT: STREAM G-6/BETHEL SCHOOL ROAD DRAINAGE IMPROVEMENTS (DR 93-06) BID DATE/TIME: October 31,1994 @ 10:00 am 1. What is the thickness of the pavement for Bethel School Road? Seven inch 2. Will lime subgrade stabilization under the concrete pavement be required? Yes, with an option to use six inch compacted flex base. 3. How is the removal and replacement of the sidewalk adjacent to Bethel School Road paid for? Subsidiary to other work. 4. Does the City have a detail of the metal guard rail? Plans show to match existing. 5. Is the City sure them is no conflict with the sanitary sewer manhole in Bethel School Road and the proposed 10'x6' box culvert? No, but it appears there is sufficient clearance. 6. How is the removal of the shrubs from Station 8+25 to Station 11 +60 paid for? Are these shrubs supposed to be replaced by the Contractor? If so, how will they be paid for? Subsidiary to other work. No replacement unless damaged through negligence. 7. Are the entire treated timber planter walls supporting the previously mentioned shrubs to be removed? Not intentionally. Channel section will fit between timbers and rock wall. 8. What kind of grading and clearing do we have to perform to install the 18" rip-rap at Station 0 + 007 Based on bid quantities 2500 S.F. x 2.5'. Rip-rap is 37.5' long, approximately 113' wide @ Sra. 0+00 and 20' wide at Sta. 0+37.5. 9. Is there any available access using the utility easement which crosses Sta. 0+50? Yes 10. How does the Gabion Wall tie-in to the existing masonry wall at Sta. 10+007 Plan to grout the voids along the back edge of the gabion, approximately 30'. Page 2 Addendum 2 DR 93-06 11. Which 37 trees are designated for removal? I'd like to know the diameters and the locations. The trees range in size from 4" to approximately 18" and are pretty evenly distributed from the box culvert northward. 12. What is the smallest diameter of tree the City will pay for under the tree removal item? Four inch and smaller including stumps. 13. Please define heavy equipment? Any self propelled equipment. 14. Will landscaping removed during construction have to be replaced other than the grass? Not unless damaged through negligence. 15. a. What is the City's budget for this project? I heard $200,000 from a property owner. b. If the low bid is over the City's budget, will a contract be awarded? Funds are available to construct the project. Any award is subject to City Council approval. 16. Are the gabions galvanized or PVC coated? The gabion baskets are galvanized. Construction will include 2" diameter weep holes every 20' along the pilot channel curb. John Copcland Ei~terprises, Inc. t~06 S. Broadway 3oshua, Texas 76058 (al7) 6~5 1067 Fax March 1, 199_5 Cl. t)' of (:oppel 1 2.55 Park~a) Boulevard Coppell, Texas 75019 ATTN: Ke~nieth M. Griffin P.l:. RE: Sl~adow Ridge/Devonshire Dear Mr. Criffin: Per your reque:gt enclosed i.~ the completed Pre: Qualification s tat ernen t for our' cornpan3 . If you have. any question.% or need additional information plea:.(:, cai 1. S i nc 9,r c' Shirley February 23, 1995 John Copeland Enterprises, Inc. 406 South Broadway Joshua, Texas 76058 Fax # 817 645 1067 Re: Pre-Qualification Statemen! l)ear Mr. Copeland: Several day ago, I had requested additional informatio~ conccraing your company. To help assist you in providing the information I have enclosed a Pre-Qualification Fom~. Please complete tllis statement and return to my office ~so later than March 3rd, I995. Thaak you fro' your cooperation in this matIe~:, Kenneth M. Griffin, P.E. Assistant City Manager/City Engineer PRE-QUALIFICATION STATEMENT OF PROSPECTIVE BIDDERS P~ge 3 SubmRted to; City Engineer Date Received Reviewed by: Date Cont,'actor: Circle one: SOLE PROPRIETOR I,ARTNERSHIP C~ORATION'] JOINT VENTURE Name: John Copeland Enterprises, Inc. Partner: 406 S. Broadway Address: Address: City:-- ...... Joshua, Texas 76058 City: 817-558-1419 Phone: Phone: Principal Place of Business: Principal Place of Business: Johnson, Joshua, Texas County State Coumy Stale If the contractor Is a corporation, fill out the following: Texas Slate of incorporation:, Joshua, Texas l_x)cation of principal office: John Copeland, Robert Copeland Contact pe,'scms al office: Person executing contracls on behalf of corporation: N'ame: John Copeland Address: 4__Q~_ffz._B/zoadway: President Joshua, Texas 76058 Title: City State Zip 8].7-558-].4].9 l'l~one: John Copeland, President Names of Office,'s: (if applicable) PRE.QUALIFICATION STATEMENT OF PROSPECTIVE BIDDERS Page 4 Contractor wishes to bid on the following type(s) of work: (circle) Clmnnel Lining Earth Work Water & Sanitary Sewer Lines Concrete Paving Storm Sewer Conch:re Structures Misc. Concrete Bridge Work Number of years in business as a general cm~lractor o., above types of work:. 9 Type(s) of work done: (circle) Mist Conc~te ~_. ~onc~ Bridge Work Gremest number of contracts In excess of $1o0,o00 under construction at one time in company's history: 15 Greatest number of contracts in excess of $200,000 under conslruclion at one time in company's history: Approximate average of dollar volume of incomplete work outstanding undex contract at any o~e ~.2 miilion time: List completed projects of the type of work pre.qualil'ylug for or similar work, plus the following information for each project: Streambank Erosion Protection- Mary's Creek at Ridglea Country Club Dr. Project: Project No. DACA63-93-C-0128 Owller/~ll~ll001': U. S. Army Corps of Engineers- Fort Worth District Year Built: August 93- 94 Colltract Price: $85,029.00 Gordon Hartshorn Phone: 214-263-2695 Contact Person: ~' PRE-QUALIFICATION STATEMENT OF PROSPECTIVE BIDDERS Page $ Project:: Tarrant County Concrete Patch Job 024XSM0006 Texas Department of Highways & Public Transportation Owner/Engineer: %'ear Built: July to October 1994 Contract Price: $425,860.00 James Whitehead Pholle,~-. ,,,817 -645 -0181 Contact Person: , , List incomplete projects, plus the following information for each project listed: P~oj~.¢t: Miscellaneous Work Consisting of sidewakl ramps Contract No. CAD 918-46-56 Texas Department of Highways & Public Transportation Owner/Engineer: Year Built: will start March 1995 Contract Price: , ~137r44°'°° Chris Behnke 817-387-1414 Contact Person: _ . ~ . ~ Phone: .............. Owncr/E~ilicet': collin county- L H Lacy ......... $145,554.50 Ye~l' Built: will start March 1995 Contract Price: 214-357-0146 Contact' Person:, ~ill Jones. , ~ho,e :, f[ ~~, ~ ~ ~ ~ Project: Concrete Rip Rap- Erosion Control Contract g145XXM0008 Bast~gp, = Cou ty Texas Department of Highways & Public Transportation Owner/Engineer: Y~aF B~l~ll: Will start April 1995 Contract Price: $95,250.00 ~ Gene Stabeno 512-832-7063 Phone: Con.ct', Person: ~ ,. (Use attachments if necessary) PRE-QUALIFICATION STATEMENT OF PROSPECTIVE BIDDERS Page. 6 if company is under new management, please list names of sial'f and qualification and/or experieJ~ce of said persons. (Please use attachment) Have you or any presen! parmer(s) or officcr(~) failed to complete a con~ract? l'f so, name of owner and/or surety: Contact person: Phone: ............. NO Are there any unsatisfied demands upon you as to your accounts payable? If so, give names, amounts and explanations: Bank Reference: r ' Brazos Bank City:_ J. 9.~h. ua, Texas 76058 Address: P. O. Box 1049 Phone: 817-558-1419 Jerry Cooper Contact Officer: ...... Municipality Reference: City: Joshua James McFarland Mayor Contact Person: Position: Address: C±ty Hall, Joshua, Texas 76058 Phone: 817-558-7447 Other Credit References: 4 ~/ · ~m. 5~ $ Name: structural a steel Products-, .Inc: _ ~¢~, ~~ s. suite Address: Fort Worth, Texas 76107 Photl¢ 817-332-7417 ............ Merchants Metals, Inc. Name: ' ' 4030 HalKfax Address: Dallas, Texas 75247-5810 Pholl¢ 214-634-7850_ Edwin ~aller PRE-QUALIFICATION STATEMENT OF PROSPECTIVE BIDDERS Page 7 Pursuant to advertisement for bids and infornmtion for prospective bidders fo~' above mentioned types of projects, the undersigned is submitting tht: infornmtion as required with the understanding that the purpose is for your confidential use, only to assist in determining qualifications for this organization to perform the lype and magnitude of work deslgnat'ed, and further, guarantee the truth and accm'acy of all statements made, and will accept your determination of qualifications without prejudice. The surety herein named, any other bonding company, bank, sub-comractor, supplier, or any other person(s), firm(s), or corporations with whom I (we) have done business, or who h~ve extended any credit to me (us) are hereby authorized to furnish you witl~ any infommtlon you may request ct3ncerning performance on previous work and my (our) credit standing with any of them; and I (we) hereby release any and all such parties from any legal responsibility whatsoever on account of having furnished such information to you. Signe'a~5~on~c~~w~-~ ~-~ Title: President 3/1/95 COlI~ally: John Copeland Enter~rise. s, Inc. Date: COPY TO LOCAl- UNDERWI~I'I'ING OFFICE OF PROPOSED SURETY Name: Rollins Hudig Hall Phone: 214-978-6693 Don Cornell 2200 Ross Avenue, Suite 1700 ,.~t~te:Tx Address: City: Dallas, 75201 PRE.QUALIFICATION STATEMENT OF PROSPECTIVE BIDDER'S SURETY Sulmfitled Io: City Engineer John Copelu_nd Enterprises, Inc. Bidder: Address:- 406 s. Broadway Joshua) TX 76058 1. Has this surety ftlrllislled COlltract bonds t)n contracts now complete? __ Yes 2. Has lhis surety furnished contract bond~ on contracts now i,'~completc? Yes 3. Wlmt ts the maximum bonding capacity of this contractor? $~~000 4. Is the cra'rent financial infm'mation on this contractor satisfactory? Yes 5. Does infm'mation obtained indicate accounts are paid when due'? Yes 6. Is it your opinion that the bidder has sufficient experience and financial resources lo satisfactorily peril.mn the contract? Yes 7. Provided this bidder does not assmne other commiunents or that you do oot acquire ~lhcr information that in your opinion will materially aflbct the bidder's capacity Io perform this coiltract, will you furnish the bonds as specified? - yes Remarks: Surety: ~E~ i~s~cg 0~ ~sA~ ~ ~utual Compan~ Title: Don g. Comell, Attomey-in-~act Address: 2200 Rosa A~e., Suite 1100 75201 _ Dallas TX State Zil~ City (in duplicate) PRE. QUALIFICATION STATEMENT OF PROSPECTIVE BIDDER'S SURETY Submitted to; City Engineer Bidder: John Copeland Enterprises, Inc. Address: 406 S. Broadway Joshua~ TX 76058 1. Has this surety furnislled ¢onl~ract bonds on contracts now complete? . yes 2. Has this surety furnished contrac! bond~ on contract~ m,w incomplete? Yes 3. Wlmt is the maximum bonding capacity of this contractor? $~;00~0~'000 4. Is the current financial information o~ this contractor satisfactory? · Yes 5. Does information obtained indicale accmmt.s are paid when due',> Yes 6. IS it your opinion that the bidder has sufficient experience and financial resources lo satisfactorily perform tl~e contract? ,Yes 7. Provided this bidder does not assume other commiunents or that you do not acquire further informatioI~ that in your opinion will materially affect ttm bidder's capacity Io perform this contract, will you furnish the bonds as specified? Yes Remarks: Surety: EMPLOYERS INSURANCE OF WAUSAU A Mutual Company Title: Don g. Cornell, Attorney-in-Fact Address: 2200 Ross Ave., Suite 1700 Dallas TX 7 5201 ci'ty siate ZiP (lin duplicate)