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DR9401-CN 950314 I FOR I ! I SHADOWRIDGE/DEVONSHIRE i DRAINAGE LMPROVEMENT DR 94-01 I ! I FOR i THE CITY OF COPPELL i i NOVEMBER, 1994 I il ! I i I CONSTRL'CTION SPECIFICATIONS .~ND CONTRACT DOCU~IENTS i FOR I ! I SHADOWRIDGE/DEVONSHIRE i DRAINAGE IMPROVEMENT DR 94-01 I ! ! I I FOR i THE CITY OF COPPELL i i NOVEMBER, 1994 I I1 TABLE OF CONTENTS Section 1 - Bidding and Contract Documents Notice to Bidders .... 1 Instructions to Bidders ..... 2 - 11 Proposal;Bid Schedule & Prevailing Wage Rates ..... 12 - 20c Standard Form of Agreement IContract} ..... 21 - 26 Supplementary Conditions of the Agreement ..... 27 - 36 Section 2 - Specific Project Requirements ..... 37 - 43 Section 3 - Special Provisions to Standard Specifications for Construction ..... 44 - 47 For this project, the Standard Specifications for Public Works Construction - North Central Texas. as prepared by the North Central Iexas Council of Governments and the City of Coppell Standard Construction Details shall govern all work to be done. together with any additional Special Specifications or Specific Project Requirements included herein. Section 4 - Description of Pay Items ..... 48 - 51 Section 5 - Standard General Conditions of the Construction Contract Contract Instruments Contractor's Payment Bond Contractor's Performance Bond SECTION 1 BIDDING AND CONTRACT DOCUMENTS SECTION I - BIDDING AND CONTRACT DOCUMENTS NOTICE TO BIDDERS The City' of Coppell is accepting bids for Shadow Ridge Devonshire Drainage Improvements - DR 94-01. Specifications may' be obtained from the Purchasing Agent. 255 Parkway Blvd.. Coppell. Texas. or telephone ~2141 462-0022. Sealed bids addressed to the Purchasing Agent. City' of Coppell. Texas. for Shadow Ridge:Devonshire Drainage Improvements - DR 94-01 will be received in the Purchasing Office at the City of Coppell Town Center. 225 Parkway Boulevard. umil 2:00 p.m. on February 17. 1995. and then publicly opened and read aloud. Each Bidder shall submit two identical copies of this bid with the City of Coppell Bid No. Q- 0195-01 designated clearly on the exterior of the bid envelope. 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 O~vner 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 1NCORPOIL, kTED 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. I Bidding ,u:d C,m:ract D()cumeat~ BIDDING AND CONTRACT DOCL-MENTS 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 tEJCDC 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 /'rom a sub-bidder, who submits a bid to a Bidder. ]'he 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 ~iincluding 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 ofWork. This work shall generally consist of the construction of about 1020 linear feet of a concretepneumatically' placed concrete(gunite or shotcrete') channel {approximately 260 C.Y. ~. It shall also include the excavation and recompaction of about 275 C.Y. of dirt and the excavation and haul off of about 75 C.Y. of dirt. 3. Copies of Bidding Documents. 3.1 Complete sets of the Bidding Documents may be obtained for a non-refundable cost of S15.00 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: A} No bidding documents will be issued later than two {.2.~ days prior to the bid opening date. 2 Bidding and Co:llrac: Documents B, After award of the Contract. the successful Bidder will be furnished fix e ~5, :ets of Contract Documents at no charge. Additional sets over five i5~ will be furnished for 515.00 per set. Bidding documents may be examined free of charge at the offices of the Cit'~ Engineer. City of Coppell. 255 Park~va.x Boulevard. Coppell. Texas. 3.2 Complete sets of Bidding Documents must be used in preparing Bids: the City of Coppeli 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 lbr the purpose of obtaining Bids on the Work and does not confer a license or grant for an.~ other use. 4. Qualifications of Bidders. The Bidder shall submit within five t5'~ days of the Owner's request such evidence as the Owner ma5' 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. Ihe required information to be submitted shall consist or'. but shall not necessarily be limited to. the following: A. Current Project Experience. .-\ list of all projects presently under construction by the bidder including approximate cost and completion date shall be submitted upon request. B. Past Pr¢~iect Experience. The Bidder shall submit a list of comparable projects completed within the previous five years including approximate cost{s~, quantities, and completion datels}. C. Equipment. The Bidder shall provide a list of equipment which will be used on this project. Ihe Bidder shall demonstrate that he has adequate equipment to complete this project, properly and expeditiously and shall state what additional equipment, if any. that he must rent lease as may be required to complete this project. 3 Bidding and C, mtrac.: l),~cument.~ D. Financial. Each Bidder shall be prepared lo submit upon request of the Owner a balanced financial statement with no evidence of threatening losses as evidenced by an audited certified financial statement I. 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 he 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. /he 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 the alley on the south side of the Devonshire Subdivision. Prospective Bidders shall respect all improvements. It is the responsibility of each Bidder before submitting a Bid. to ia) examine the Contract Documents thoroughly. (b) visit the site to become familiar with local conditions that ma5' affect cost. progress, performance or furnishing of the Work. ~c.I consider federal, state and local Laws and Regulations that may affect cost. progress, performance or furnishing of the Work. (d.I study and carefully correlate Bidder's observations with the Contract Documents. and (e) notit3' 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 contract, without additional cost to the OWNER. 4 Bidding and Comract Document~, 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 O~'ners of such underground Facilities or others, and the Oxvner 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 intbrmation 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 verit\' 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 perl'brmed, 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 ma.',' 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 Coiltract 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 foEmal 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: One hundred sixty dollars ($160.00). 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. 6 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 bx' 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. If 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 who 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 Con:tact 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 partners. 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 ,&-ill 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 I0:00 a.m. on February 17, 1995. 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 deliveD; system the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED SHADOW RIDGE/DEVONSHIRE DRAINAGE IMPROVEMENIS - DR 94-01" 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. 8 Bidding and Contract Documents 16.2 If. within twenty-four hours after the Bids are opened, any Bidder files a dui)' 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 he disqualified from further bidding on the work. 17. Rejection of Bids. Bids may be rejected if they show alterations of form. additions not called fbr. 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 te~ ms 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. Ihe 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 1,15) 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. l 0 Bidding and Contract Docurncnts 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 l:rom 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 an3' 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 modi~' 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 Oxvner. 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: Shade~v Ridge Devonshire Drainage Iinprovements - DR 9-1-01 in Coppell. Texas. ...... ~ ,'5 BIDOF ~.'o..-,' .~...~;~ ~/ l'~:f,>~,¥ ~/,,~7':. (;,...z;,r' DATE ,.Z",r?~ ,,7 ~:.~ ~NAME OF FIILM} 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: '-~ '~",/'- c/ 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 tully 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): No: 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 1 2 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 ma5' rely upon the accuracy of the technical data contained in such reports, but not upon nontechnical data. interpretations or opinions contained therein or fbr the completeness thereof for CONIRACTOR's purposes. Except as indicated in the immediately preceding sentence, CONIRACIOR 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. CONTRACIOR 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. CONIRACIOR 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 necessar2:' 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 fbr such purposes. (el 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 perfmm 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 ,.z. BIDDER has ,~i',en ENGINEER 'xrmen no.::cc ,'f all c,,nflicts, er:',,rs ,'r discrepancies that ~t has disc,wercd ::: 7~le C,,ntrac: Dt',g'..lln~::t.s and :t:e '~.ritten re.-olunon thereof bx' ENGINEER ~s accept.~.bie :,'. BIDDER This bid is genuine and net made m the interest ,'f or on behalf of anx undisclosed person, finn or corporanon and is not submitted m conformit.,, v. ith an.,.' agreement or rules of an.,. group, association, organization or comoranon: BIDDER has not directly or indirectly !nduced or solicited an,,' other Bidder to submit a false or sham Bid: BIDDER has not solicited or induced an,,' person. firm or corporation to refrain from b~dding: and BIDDER has not sought bx' collusion to obtain for itself an3' advantage over an.,.' other Bidder or over OWNER. ~i~ It is understood and agreed that the /bllowing quantities of work to be done at unit prices are approximate only. and are intended principally to serve as a guide in evaluating bids. 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 Centract Do~:umcnts L'NIT PRICE BID SCHEDL'LE SHADOV( RIDGE. DEVONSHIRE DRAINAGE 131PROVEMENTS DR 94-01 BASE BID Itein Quantity ~ Unit Description and Price in Words L'nit -Fora: No. Price Price I 1 Lump Concrete Channel Sum Complete in Place _,,,,,~,~ ~',~r and ~'t: Cents ~r Lump Sum ~Est. Quanti~' 2~ C Y., 2 275 C.Y. Excavation and Recompaction z lete in Place ~ Dollars ~rr Cents ~. and ~r C.Y. 3 75 C.Y. Excavation and Haul Off Complete in Place ~-"_/6r,~ ~'- Dollars and ~'~v'~¥"r ~,' Cents ~f. per C.Y. 4 4 Each Remove and Replace Existing Flumes ,~t4emplete in Place ~/~.o T-~-~,/' Dollars and ~0 Cents ~r each. 5 1 Each Connect existing 18" RCP to Concrete Channel Complete: in Place ./~..~: .fi/m,: x~ ~ × ,~ Dollars and /VD Cents per each. 15 Bidding and Contract Documents UNIT PRICE BID SCHEDULE SHADOI, V RIDGE DEVONSHIRE DRAINAGE IMPROVE.MENTS DR 94-01 BASE BID ' Item Quantit3 . Unit Description and Price tn Words ['nit Total No. Price Price 6 14650 S.F. Hydro Mulch Complete In Place ,a,/6' Dollars and per S.F. 7 1480 S.F. Sidewalk Complete In Place ~w Dollars ~-' ~ 4/~-- ~ ~ and ~'5"~.e~- m'-,~,r-r ~t,.~ Cents per S.F. · - TOTAL BASE BID ITEMS 1 THRU7 $ L~.~ z~/-~' ~ 16 B~ddmg and Contract Documents UNIT PRICE BID SCHEDI.'LE SHADO~V RIDGE. DEVONSHIRE DRAIN'AGE IMPROVEMENTS DR 94-01 ALTERNATE BID ~i Item : Quantity Unit ~ Description and Price in Words Unit ! Total No. Price Price , Delete 1 Lump Concrete Channel 1 Sum Complete In Place Dollars and Cents per Lump Sum. ,Est. Quannty 260 C Y ~ Add 1 Lump Pneumatically Placed Concrete lA Sum (Gunite/Shotcrete) Complete In Place Dollars and Cents /?~ ~5~ ZZ~ ~i'/C ~'/'~ per Lump Sum. (Est. Quantity 260 C.Y.} TOTAL ALTERNATE BID ITEMS lA THRU 7 $ fit'3 2.'"~/L.~ TANGIBLE PERSONAL PRO~PERTY COST / 17 Bidding and Contract Documents BID SL'MMARY TO'l-AL PRICE CALENDAR DAYS TOTAL BASE BID ITEMS I THRU 7 S. TOTAL PRICE CALENDAR DAYS TOTAL ALTEILNATE BID ITEMS IA THRU 7 $ fl,/'(7'~::~) ~ ,Av/E'3"~/~ In Words: ~AL~'' /~']/~ 6. BIDDER agrees that ali Work awarded will be completed within -IL' Calendar 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 necessar3: 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 /~t.,~K¢ / 7 . 1994. 1 8 Bidding and Contract Documents BID AFFIDAVIT The undersigned certifies that the bid prices contained in this bid have been carefully reviexved ,md are submitted as correct and final. Bidder further certifies and agrees to furnish any and or ail commodities upon xvhich prices are extended at the price oflbred, and upen the condmons contained in the Specifications of the Invitation to Bid. The period of acceptance of this bid ~t ill be q~; calendar days from the date of the bid opening, i Period of acceptance xvill be ninety ~90~ calendar days unless otherwise indicated by Bidder.) STATE OF ; ~ x ~ COUNTY OF i ,~,<~,'~ BEFO~ ME. the undersigned authority, a Notao- ~blic in and for the State of on this day personalb appeared;,~,,.;~": ' ~' ~." HOm~'EE=/ who after being, by. me Name duly sworn, did depose and say: "I, ~.~ ~J';,~.' ~ . H~ m P~g .] am a duly. authorized office;'a~ent~ for Name p;U r<P~g'~' ' d }, '~ ~tt.~t4~NSv. L ~ .~and have been duly. authorized to execute ~e Name of Fi~ foregoing on ~half of the said ~,< P sCEg 4" . . Name of Fi~ I hereby certify that the foregoing bid has not been prepared in collusion with any other Bidder or individual(s) engaged in the same line of business prior to the official opening of this bid. Further. I certify that the Bidder is not now. nor has been for the past six (6) months, directly or indirectly concerned in any pool, agreement or combination thereof, to control the price of se~'ices/cornmodities bid on. or to influence any individual(s} to bid or not to bid thereon." ,' :'"1 tq ~- Name and Address of Bidder: ~.~,~,P~:,~-E,/.' ~ t';'x.~e_, ,..,,~ '-.._O~,~%T / · . ~.~ Telephone:~'~;-?) q-'7.~ -~r_.,~'~ by: ~ ~,~ ....... ~,.... Title: ,"ff,.~ ,~iE .,.~"~ Signatum.~ -M_~;o'"// · ..---.----~___.. SUBSCRIBED AND SWORN to bel'ore me by the above named ..,.--J~"d : on this the : '] day of ;"-L--~ .~ ~ .~ ,.t ~- O-_~l ' Notan.' Public in and for the State of If BIDDER IS: An Individual B~ , Seal ~Individual's Name ~ doing business as Business address Phone No. A Partnership By (Seal') (Firm Name) General Partner) Business address Phone No. A Corporation (Corporation Name) (State ,of Incorporation) (Name of person authorized to sign) (Title) (.Corporate Seal) .,~.~ ~ ~ . '-(Sec~taD.) ~ · A Joint Venture By (Name} (Address) Bv (Name) (Address) ~'Each joint venture must sign. The manner of signing for each individual, partnership and corporation that is a partner to the joint venture should be in the manner indicated above.) 20 Bidding and Contract Documents PREVAILING WAGE IL-XTE FOR PUBLIC WORKS PROJECTS: The City shall ascertain the general prevailing rate of wages for each craft of type of workman, or mechanic needed to execute this contract and shall specify in the call for bids of this contract what the general prevailing rate of wages is sin the City of Coppell. The City shall also specify the prevailing rate for legal holiday and overtime work. The contractor must pay the said specified rate to all laborers, workmen, and mechanics employed by him or any subcontractor under him in thc execution of this contract. PENALTY FOR VIOLATION: The contractor or subcontractor in violation of these rules is liable to the City for a penalty of Sixty Dollars ($60.00~ for each laborer, workman, or mechanic employed for each calendar day or portion thereof, that such laborer, workman, or mechanic is paid less than the stipulated rates for any work done under this contract. The money collected shall be used to offset the costs of administering these requirements. If the City receives a complaint by a laborer, workman, or mechanic it shall determine within thirty (30) days after receipt whether good cause exists to believe that the contractor or any subcontractor has committed a violation of these specifications. The City shall provide written notice of its determination to the contractor or subcontractor andy an,,,' affected laborer, workman, or mechanic, the City shall retain any amounts due under the contract pending a final determination. If the contractor or subcontractor and any affected laborer, workman, or mechanic fail to resolve the alleged violation by agreement within fourteen (14) days of the determination by the City. the issues of the alleged violation, any penalties owed to the public body. and any amounts owed to any affected laborer, workman, or mechanic shall be submitted to binding arbitration in accordance with the provisions of the Texas General Arbitration Act. If the parties fail to agree upon an arbitrator within ten (10) days. the arbitrator shall be designated by the District Court upon petition of any party. The decision and award of the arbitrator is final and binding upon all parties and may be enforced in any court of competent jurisdiction. The City shall not be a party in the arbitration. ARBITRATION: The arbitrator shall assess and award all reasonable costs, including the arbitrator's fee. against the party or parties who fail to prevail in the proceeding. Costs may be assessed against the laborer, workman, or mechanic only if the arbitrator finds that the claim was frivolous. If the arbitrator does not find that the claim is frivolous and does not make an award to the laborer, workman, or mechanic, costs will be shared equally by the parties. If the arbitrator determines that a violation of the specification has occurred, the arbitrator shall assess and award penalties as provided in the Act and all amounts awed to the affected laborer. workman, or mechanic against the contractor or subcontractor. The City shall use any amounts retained under this provision to reimburse the laborer, workman, or mechanic for the amount owed to that person because of the failure to pay the person the general prevailing rate of wages as provided in the arbitrator's award. If the amounts withheld by the City are insufficient to fully reimburse the laborer, workman, or mechanic for amounts owed. the person has a right of action against the contractor or subcontractor and the surety of that person to recover any amounts owed. a Bidding and Contract Documents ASEESTOS WORKERS iS.50 2.' ~ ELEC0059C 06, Ci ~.~.~o Rates Fringes ELECTRICIANS I?.10 ' 60-9% CABLE SPLICERS 18.81 ' 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 PLUMOI00B 05.~CI/1992 Rates Fringes PLUMBERS 17.18 $ 2.63 SHEEOO68B C5/2'1/1990 Rates Fringes SHEET METAL WORKERS 16.905 2.00 Rates Fringes ........... -~ TREATMENT PLANTS 'D'~:~c.,vA ....... ~':~"-'-- WATER SE:~ER Li'~ES; b Bidding and Contract Doc~emts FOP-'{. SETiERS P. LAB3RERS: C'~ ~' ~. 2-9 ~ .'T..,'?..~. ~.. "- i' ity e. 97 · PiPELAYERS . POWER EQUIPMENT ~-==~._RA.~R_'-~ c: Backhoe l~ ~ . 97 i Bulldozer 9. 942 Front end loader iC.77' Mechanic 9. 880 Motor Grader 1!.633 Oiler 9. 183 Scraper $. 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 c Bidding and Contract Documents 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 1995 by and between the CITY OF COPPELL. TEXAS. a municipal corporation (hereinafter called OWNER) and Humphrey & Morton 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 in the Contract Documents. The project shall generally consist of the construction of about 1020 linear feet of concrete.-."pneumatically place concrete (gunite or shotcrete) channel (approximately 260 C.Y.). It shall also include the excavation and recompaction of about 275 C.Y. of dirt and the excavation and haul off of about 75 C.Y. of dirt. The work shall be as shown on the construction plans (DR 94-01) 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: Shadowridge/Devonshire Drainage Improvement DR 94-01 Article 2. ENGINEER. The Project has been designed by the City of Coppell Engineering Department 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 90 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 CONIILhCIOR 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 an3' 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 One hundred sixty and no/100 dollars (S160.00) 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. Ihe comact sum shall be the amount of S 88,495.70. The total tangible personal property cost included in the contract sum is Eighty-eight thousand, tour hundred ninety-five dollars and seventy cents. Article .x PAYMENT PROCEDURES. CONTIL&CTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER. on or about the day of each month during construction as provided below. Ail progress payments will be on the basis of the progress of the Work measured by the schedule of values 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. 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 ma5' 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 pa5'ments. 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 draxvings 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 SupplementaD, Conditions of the extent of the technical data contained in such repons and drawings upon which CONTRACTOR is entitled to rel5'. 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 phs'sical conditions at or contiguous to the site or otherwise ma5' affect the cost. progress, performance, or furnishing of the Work as CONTRACTOR considers necessars' 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, reports, studies, or similar intbrmation or data are or will be required by CONTRACTOR for such purposes. 23 Standard F~rm 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' tbr 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 Ipages to . inclusive). 8.3. Certificate of Insurance. 8.4. Notice of Award. 8.5. General Conditions Ipages 1 thru 33. inclusive). 8.6. Supplementary Conditions {pages 26 thru 35). 8.7. Specifications bearing the title: "Construction Specifications and Contract Documnts for Shadowridge!Devonshire Drainage Improvement - DR 94~01 for the City of Coppell". 8.8. Drawings entitled: "Shadowridge;Devonshire Drainage Improvement - DR 94-01". 8.9. The following listed and numbered addenda: 24 Standard }:onn of Agreement 8.10. CONTIL:kCTOR's Bid Proposal and Bid Schedule of Section 1 - Bidding and Contract Documents. 8.11. Documentation submitted by CONTIL, kCTOR prior to Notice of Award (pages to . inclusive.I. 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. Temps 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 Agmemem Article 10. OTHER PROVISIONS. IN WITNESS WHEREOF. OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER. CONIRACIOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTIL&CIOR or by ENGINEER on their behalf. Ihis Agreement will be effective on ~.~_.~?._. ' -'-' . 1995. OWNER: City of Coppell CONTILACTOR: 255 Parkway Boulevard Humphrey & Morton Construction Co. Coppell. IX 75019 5136.Nesta Farley / : ~ .2*6'rt Worth. Texas-,76/181, / f'-'; IITLE: P/ C . IITLE: \ ,-..~ ~-_ ~ ;-'~ .'- ~..3' ", ATTEST: ~- ~.~.- ATTEST: "~; ~ ~'~ :'--"'5 ?%'" Address for giving notices: Address for giving notices: P.O. Box 478 '-- 't~'' (" -" '~..:3.~3~-. ~ -'~ 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, evidence of authority to sign and attach 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 z~MENDED OR SUPPLEMENTED REMAIN I,N FULL FORCE AND EFFECT. ALL PROVISIONS 3nMENDED REMAIN IN FULL FORCE AND EFFECT AS AMENDED. ARTICLE 1 - DEFINITIONS SC-1. Calendar Day or Days: An>' 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: Ihe 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 follov,'ing: "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. An3' 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 DOCU.~'IENTS: 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 satis~- himself as to subsurface conditions. Add the Ibllowing 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 necessa~' 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 perfo~nl all Work in connection with Contract Drawings and Specifications and the lines and grades given therein. ARTICLE 5 - BONDS AND INSURANCE SC-5. !. Add following paragraphs: "Maintenance Bond shall be required in the amount of 50% for a 2 year period." 29 Supplementary Conditions 5.1. 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 per cent 45%) 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. Delete follov,'ing sentence in section 5.1: All Bonds shall be in the forms prescribed by Law or Regulation or by the Contract documents and be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts. U.S. Treasury Department. 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 or' 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 tbr all of his employees at the site of the project and in case an,,' 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 an)' class of employ'ee 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 emplo.x-ees not otherwise protected. The minimum amount of insurance shall be as follows: Each Accident Sl00.000 Disease Each Employee S100.000 Disease Policy Limit S500.000 30 Supplementary Condition~ 5.3.2. Commercial General Liability Insurance. Contractor shall take ()ut and maintain during the lite 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 ~,ell 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 follows: General Aggregate $1.000.000 Products - Components/ Operations Aggregate $1,000.000 Personal and Advertising Injul3' $600.000 Each Occurrence $600.000 Fire Damage (any one fire) $50.000 Medical Expense (any one person) S5,000 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 perforating 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 InjuD~ $250.000 per person Bodily lnju~, $500.000 per accident Property Damage $100.000 5.4. Protective Liability Insurance. /he contractor shall take out and maintain during the lite 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. /he minimum amount of such insurance shall be as follows: Combined Bodily Injury S600.000 per occurrence and Property Damage SI.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. 31 Supplementary 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 "CONTIL,kCTOR". (ii) by deleting the word "CONTRACIOR" 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.". 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. CONTK&CTOR 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 bv 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 recoveD· 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. $C-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: 32 Supplementary Condition:, 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 notit3' CONTIL, kCTOR 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. SC-5.15. Amend the first sentence of paragraph 5.15 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 contr5ctor shall furnish a breakdov,-n ~per item'~ of 1) materials incorporated into the project: and 2') labor, equipment. supervision and materials not incorporated into the project. 33 Supplementary Conditions SC-6.20. Amend the last sentence of paragraph 6.20 to delete the word "substantial". 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 CONTIL&CTOR'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 an3' court or before an3: 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, CONTIL&CTOR 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." 34 Supple:nentary Conditions 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". 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 CONT1C~CTOR 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 an,,,' such variations in the quantity of Unit Price Work perfo~Hied." 35 Supplementary Conditions 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 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 laboratoD' employed by the Contractor and acceptable to the OWNER. The Contractor shall furnish, at his own expense. all necessary specimens tbr testing of the materials. All materials not confomting 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 Condition~ SECTION 2 SPECIFIC PROJECT REQUIREMENTS SECTION 2 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 Central Texas Council of Governments (C.O.G.) and Texas State Department of Highways and Public Transportation 1982 Standard Specifications for Construction of Highways. Streets and Bridges. The following Specific Project Requirements contain general and specific project requirements applicable to this project in the City of Coppell. These individual specifications control 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 event 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 Pr~ect Requirements SECTION 2 - SPECIFIC PROJECT REQUIREMENTS 1.1 O~,~.'NER: The "Owner" as referred to in these Specifications is the City of Coppeil. P.O. Box 478. Coppell. Texas 57019. 1.2 ENGLNEER: The "Engineer" as referred to in these Specifications is the City Engineer. City of Coppell. Engineer of the Owner. or such other representatives as ma>- 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 Shadowridge/Devonshire Drainage Improvement 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, injuD' 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 noti~fng 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 Projec~ Requ:.rements 1.9 SURVEY AND FINISHED GRADES: The Contractor shall be responsible for installation of the channel 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. /he Contractor shall bear the cost of 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, material 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 noti~' 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 bv the Engineer prior to removal. Penalty for destruction of a tree without permission shall be S500.00 each payable to the Owner. If damage is continuous, tree guards shall be erected when so directed by the Engineer at the Contractor's expense. 40 Specific Project Requirements 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. Ihe 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 precautiona~' 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 precautiona~' 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 precautiona~' 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. 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 damage and charge the cost back to the Contractor. All of this work is considered 41 Specific Project Requirements incidental and shall not be separate pa3' item. 1.16 EXISTLNG 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 unnecessaD' interferences or delays, the Contractor shall coordinate all utility removals, replacements and construction with the appropriate utility company. 1.17 DRAkNAGE: 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. 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. 42 Specific Project Requ:.rements 1.20 ENSPECTION: 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 satis~' himself that the work is proceeding in general accordance with the contract documents, but he will not be a guarantor of the Contractor's perfo,',nance. 1.21 DISPOSAL OF WASTE AND SURPLUS EXCAVATION: All trees, stumps, slashings, brush or other debris removed from the site as a preliminaD, 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 SECTION 3 SPECIAL PROVISION TO -- STANDARD SPECIFICATIONS FOR CONSTRUCTION SPECIAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION These Special Provisions. modi~', 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 ITEM 2.1.5. 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 detexlflined 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 pe~'lnission of the Engineer." ITEM 2.1.6. RIP RAP OR STONE MASONRY: (b) Materials and Dimensions · .__ t4) Mortar Rip rap. 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". I.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 wrinen approval of the Engineer. PART III 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 dD' density of such material." and replace with the words "95 percent of the maximum dry density of such material, or as directed by Engineer. PART V: DI%'ISION 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 ex'eD' 200 linear feet of pavement, unless otherwise 46 Standard Specifications for Construction specified on the Plans or directed by the Engineer. (C) Proximity to Existing Structures: Add to end of sentence. "or as directed bv the Engineer". 12) Contraction Joints. Delete the first sentence of the first paragraph and insert the follov,-ing: "Contraction or dummy joints shall be sawed to 1-1i4 inches in depth, and 1i4 inch in width, and installed every 20 linear feet of pavement, and extend throueh curb. unless otherwise directed bv the En=~neer. (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 - UNDERGROL~D 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." 4-7 Standard Specifications for Construction SECTION 4 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 or alley replacement necessitated by removal or damage during construction. (b) removal and replacement of any signs, (c) saw cutting. (d) clearing and grubbing. (e) mobilization. (t3 protection of trees ~.g) signage (h) protection of work completed (i) repairing of fences, walls or other structures. (j) temporaD' drainage, (k) watering of grass (1) protection, removal. replacement or repair of sprinklers. -- 2. Construction Pa.*- 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, #5, & #7: 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 the plans and specifications, 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 # IA Pneumatically Placed Concrete (Gunite/Shotcrete): This work shall consist of placement of approximately 260 C.Y. of 3000 psi reinforced pneumatically placed concrete (Gunite;Shotcrete) in the excavated channel section, as shown on the plans. The finish surface shall be floated. No guWnozzle finished surface will be allowed. The construction shall be as shown on the plans and with generally accepted construction practices, and in conformance with the plans and specification. Item 7.9 of the North Central Texas Council of Governments Specifications (copy enclosed), Item 431 of Texas State Department of Highways and Public Transportation 1982 Standard Specifications for Construction of Highways. Streets and Bridges and the City of Coppell Standard Details. 49 Description of Pay Items . Measurement and Payment shall be on the basis of the contract price bid per lump sum and shall be total compensation for placing and finishing the pneumatically placed concrete ~Gunite;Shotcrete') and for furnishing all labor, materials, tools, equipment and any incidentals necessary to complete the work. 2.3. Remove and Replace Existing Flumes: This work shall consist of removing and replacing the existing flumes to match the new grades of the proposed channel. The material to be used shall be either 3000 psi concrete or 3000 psi pneumatically placed concrete (GunitelShotcrete) as defined in Section 2.2. Measurement and Payment shall be on the basis of the contract price bid per c d and shall be total compensation for placing and finishing the pneumatic placed-conbr~ete (Gunite/Shotcrete) and for ~rnishing all labor, materials, tools, equipment and any incidentals necessary to complete the work. 2.4. Pay Item #5 Drainage Pipe Connection: Ibis work shall consist of removing the existing rip-rap and extending the existing 18" RCP to the proposed concrete channel. '[he bid price per each shall include the removal and disposal of any damaged or surplus sections of the 18" 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 necessaD' to complete the work. -- 2.5. Pay Item #2 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. Ihe excavation shall include all materials encountered regardless of their nature. The Engineer's estimate of material to be recompacted, based on the design, is 275 C.Y. Measurement and Payment shall be made on the basis of the price bid per cubic yard and shall be total compensation for furnishing all labor, materials, tools, equipment and any incidentals necessa~' to complete the work. 2.6. Pay Item #3 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 75 C.Y. 50 Description of Pa.',' Items Measurement and Payment shall be made on the basis of the price bid per cubic yard 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. 2.7. Pay Item #6 Hydro Mulching: Ibis item shall govern the furnishing and distribution of the wood fiber mulch, seeding and fertilizing for hydro mulching the areas on both sides of the proposed concrete channel. Measurement and payment shall be made on the basis of the price bid. All work and acceptable material related to hydro mulching per square foot shall be total compensation for installing, watering and furnishing all labor, materials, tools, equipment and any incidentals necessary to complete the work. For the hydro mulch to be accepted, sprigs of seeds must be uniformly appearing over the entire area of application within 30 days of date of application. At that time, 50% of the bid item can be paid. In addition to this requirement for acceptance, at the time of final acceptance of the project, uniform grass coverage over all areas seeded must be evident: in other works, there must be 100% coverage of grass at the time of final acceptance. 3. Clean-up of the site shall be considered incidental to and part of the various other bid prices without separate payment: 51 Description of Pay Items SECTION 5 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT This document has impor::,n: ',egT:. cons,..qucnces: co.-;szl:a:]z:~ '...:.-. z.'-. a::cTr.:? :s c.'-.cc_:zge.: .,::.-. rcsp¢c: to its completion or .modification. ST.'&,.N-D.'&RD GEN'ERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by Engineers' Joint Contract Documents Committee and Isiued and Published Jointly By PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE · a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS CONSTRUCTION SPECIFICATIONS INSTITUTE This document has been approved and endorsed by The Associated General i Contractors of America These General Conditions have been prepared for use with the Owner-Contractor Agreements (No. editions), provisions are interrelated and a change in one may 1910-8-A-! or 1910-8-A-2, 1983 Their necessitate a change in the others. Comments concerning their usage are contained in the Commemary on Agreements for Engifieering Services and Contract Documents, No.' i910-9, 1981 'edition. For guidance in the preparation of Supplementary c~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 Edition.) E E O 1983 National Society of Professional Engineers .-. 2029 K Street, N.W.. Washington, D.C. 20006 American Consulting Engineers Council 1015 15th Street, N.W., Washington, D.C. 20005 F. American Society of Civil Engineers 34.5 East 47th Strett. New York, NY 10017 Construction Specifications Institute 601 Madison St., Alexandria, VA 2~14 TABLE OF CONTENTS OF GENERAL CONDITIONS Article Number Title Page ! DEFINITIONS ...................................................... 7 2 PRELIMINARY MATTERS ........................................ 3 CONTRACT DOCUMENTS: INTENT, AMENDING AND REUSE ............................... 9 4 AVAILABILITY OF LANDS: PHYSICAL CONDITIONS: REFERENCE POINTS .............................................. INSURANCE ........................................ I I $ BONDS AND 6 CONTRACTOR'S RESPONSIBILITIES ............................ 14 7 OTHER WORK .................................................... I,~ 8 OWNER'S RESPONSIBILITIES ' ' 19 9 ENGINEER'S STATUS DURING CONSTRUCTION .............. 19 IO CHANGES IN THE WORK ......................................... 21 I I CHANGE OF CONTRACT PRICE .................................. 21 12 CHANGE OF CONTRACT TI.ME 24 13 WARRANTY AND GUARANTEE:TESTS AND INSPECTIONS: CORRECTION. REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ........................... 24 14 PAYMENTS TO CONTRACTOR AND COMPLETION ............ 26 15 SUSPENSION OF WORK AND TERMINATION .................. 29 16 ARBITRATION ..................................................... 31 17 tslISCELLANEOUS ................................................. 32 3 INDEX TO GENERAL CONDITIONS .4r::'cle or Acceptance of Insurance ............................. 5.13 Contractor's Warranty of'Title ........................ I-:'.3 Access to the Work .................................. 13.2 Contractors---other ...................................... '7 Addenda---definition of (see definition of Contractual Liability Insurance ........................ 5.4 '. Specifications) ........................................ I Coordinating Contractor--definition of ................ 7.4 Agreement---definition of ................................ 1 Coordination .......................................... 7.4 All Risk Insurance ..................................... 5.6 Copies of Documents .................................. 2.2 . Amendment. Written ............................. I, 3. I. 1 Correction or Removal of Defective Work ........... 13.1 I Application for Payment---definition of .................. I Correction Period, One Year ........................ 13.12 Application for Payment, Final ...................... 14.12 Correction, Removal or Acceptance.of Defective Application for Progress Payment .................... 14.2 Work--in general ........................... 13.11-13.14 '. Application for Progress Payment--review of .... 14.4-14.? Cost--net decrease ................................. I 1.6.2 Arbitration ............................................. 16 Cost of Work .................................... 11.4-11.5 Authorized Variation in Work .......................... 9.5 Costs, Supplemental ................................ 11.4.5 Availability of Lands .................................. 4.1 . Award, Notice of--defined I Day-~definition of ....................................... ! Defective--definition of ................................. I Before Starting Construction ...................... 2.5-2.7 Defective Work. Acceptance of ...................... 13.13 F Bid--definition of ....................................... I Defective Work. Correction or Removal of .......... 13. I i Bonds and Insurance--in general ........................ 5 Defectire Work--in general ............... 13, 14.7, I-'. I I ' Bonds---definition of ..................................... I De/'ectiv¢ Work. Rejecting ............................. 9.6 Bonds, Delivery of ............................... 2.1. -% I Definitions .............................................. I " Bonds, Performance and Other .................... $. I-5.'2 Delivery of Bonds ..................................... 2. I , _ Determination for Unit Prices ........................ 9.10 Cash Allowances ..................................... i 1.8 Disputes. Decisions by Engineer ................. 9.1 i-9.12 Change Order-definition of ............................. I Documents. Copies of ......... ~ ....................... 2.2 '""_ Change Orders--to be executed 10.-' Documents. Record 6.19 Changes in the Work ................................... 10 Documents. Reuse .................................... Claims. Waiver of--on Final Payment ............... 14.16 Drawings--definition-o.f ................................. I F Clarifications and Interpretations ...................... 9.' Cleaning ............................................. 6.17 Easements ............................................ -'. 1 ' Completion ............................................. I.t Effective date of Agreement--definition of ............... I Completion. Substantial ......................... 14.8-1J.9 Emergencies ......................................... 6.22 F Conference. Preconstruction .......................... 2.S Engineer-d-definition of .................................. I · . Conflict. Error. Discrepanc.v--Contractor Engineer's Decisions ............................ 9.10-9. I _.2 to Report ...................................... 2.5..:.3 Engineer's--Notice Work is Acceptable ............. i-:. Construction Machinery. Equipment. etc .............. 6.4 Engineer's Recommendation of Payment ...... 14.4. I:. I.~ [ '~ Continuing Work 6."9 Engineer's Responsibilities. Limitations Contract Documents--amending and on .................................. 6.6, 9. I I, 9.15-9.16 supplementing .................................. 3.4-3.5 Engineer's Status During Construction~in general ...... 9 F Contract Documents--definition of ...................... I Equipment, Labor, blaterials and .................. 6.3-6.6 Contract Documents~lntent ...................... 3. I-.3.3 Equivalent Materials and Equipment .................. 6.7 "' Contract Documents--Reuse of ....................... 3.6 Explorations of physical conditions ................... 4.2 Contract Price, Change of .............................. I i F. Contract Price--definition ............................... I Fee, Contractor's--Costs Plus ........................ 11.6 Contract Time, Change of .............................. 12 Field Order--definition of ............................... 1 Contract Time, Commencement of .................... 2.3 Field Order--issued by Engineer ................ 3.5. I. 9.5 Contract Time---definition of ............................ ! Final Application for Payment ....................... 14. I - ................................ Inspection ..................................... 14. I 1 Contractor-definition of I Final Contractor May Stop Work or Terminate ............. 15.5 Final Payment and Acceptance ...................... 14.13 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 ... I !.4.5.6, 11.5. I, 11.6-11.7 General Requirements-definition of ..................... I Contractor's Liability Insurance ....................... $.3 General Requirements--principal F Contractor's Responsibilities--in general 6 references to 2.6, 4.4, 6.4, 6.6-6.7, 6.23 t.. 4 r"" C;iving .~o~!ce ~- ~ D., ,. m_= D ~ s :o C o..,.t :ac..,~ r_-,~ ~-.e n ~.j e ........... ~,:' .;. ~ ~garante~ of Wo:k--bv Com.-ac:or ~ ~ ~ D,.. ments :o Contractor--'.'. ~:."..".c.c:n~ ............... ' ' ?e.":'ermance and otb. er aon~ !ndcmnificafion ............................. 6.30-6.31.- ~ Per.-..i:s .......................................... 6 '.-" r - Final 14.1 ! Physical Condi:!ons Inspection. ~ . Inspection, Tests and ................................. 13.3 Physical Condi.'.ions--Enginee.-'s re'. :ew . ........... : 2.-' Insurance, Bonds and--in general ....................... 5 Physical Conditions---exis:ing str'.'-cmres ............. Insurance, Certificates of ........................... 2.7, .~ Physical Conditions--explorations and repons ....... r Insurance--completed operations ...................... 5.3 Physical Conditions--possible document char._~e ..... 4.2..; ' ' Insurance, Contractor's Liability ...................... 5.3 Physical Conditions--price and time adjustments .... -:'.2.-~ Insurance, Contractual Liability ....................... .5.4 Physical Conditions--repor~ of differing ............. 4.2.3 J'- Insurance, Owner's Liability .......................... 5.5 Physical Conditions~Underground Facilities .......... 4.3 '" Insurance, Property 5.6-5.13 Preconstruction Conference 2.S Insurance--Waiver of Rights ......................... 5.11 Preliminary. ~Iatters ..................................... 2 Intent of Contract Documents ................... :3 3, 9.14 Premises, Use of ............... :.: .............. 6.16-6. I$ r Interpretations and Clarifications ...................... 9.4 Price. Change of Contract .............................. I :. Investigations of physical conditions ................... 4.2 Price-Contract--definition of ............................ 1 Progress Payment, Applications for ................... 14.2 ,r- Labor, IVlaterials and Equipment ....... ' ........... 6.3-6.5 Progress Pa.vment--retainage ......................... 14.! ! Laws and Regulations--definition of ..................... I 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 J'- Liability InsurancetOwner's ......................... 5.5 Project Representative, Resident--definition of .......... I I Liens--definitions of ................................ 14.'2 Project, Starling the ................................... 2.J Limitations on Engineer's Property Insurance ............................... .5.6-5. Responsibilities ..................... 6.6, 9.1 I. 9.13-9.16 Property Insurance--Partial Utilization ............... 5. I.~ J" Property lnsurancetReceipt and Application ! ~laterials and equipment--furnished by Contractor 6.3 of Proceeds 5.12-5.13 ,'siaterials and equipmenl--not Protection, SaJ'ety and ........................... 6."0-6.31 incorporated in Work .............................. 1.~.3 Punch list ........................................... 14. II Jr'" .',laterials or equipment---equivalent 6.7 t . ~liscellaneous Provisions ............................... I? Recommend.~tion of Payment .................. I~.'. .Xluhi-prime contracts ................................... ? Record Documents ................................... 6. "" Reference Points' ' Notice, Giving of 17.1 Regulations. Laws and 6. I: Notice of Acceptability of Project ................... 14.13 Rejecting P~.t'tcri,.e Work ............................. 9.6 Notice o[ Award--definition of .......................... I Related Work at Site .............................. ?. 1-'7..; J"- Notice to Proceed~efinition of ......................... I Remedies Not Exclusive ............................. 17.-' ~ Notice to Proceed--giving ot' .......................... 3.3 Removal or Correction of Dtfecti~'e Work ........... ! Resident Project Representative--definition of ........... I j,- "Or-Equal" Items ..................................... 6.7 Resident Project Representative--provision for ........ 9.:, ! Other contractors ....................................... ? Responsibilities. Contractor's--in general ............... 6 ' Other work .............................................. 7 Responsibilities. Engineer's~in general ................. 9 Overtime Work--prohibition of ........................ 6.3 Responsibilities. Owner'stin general .................... I"' Owner--definition of .................................... I Retainage ............................................ 1'.2 } Owner May Correct Defec~i~,e Work I ~. 14 Reuse of Documents 3..~ Owner ~tay Stop Work .............................. 13. i0 Rights of Wa>' . ........................................ 4. Owner May Suspend Work, Terminate .......... I'~. 1-1~.4 Royalties, Patent Fees and ........................... 6. F Owner's Duty to Execute Change Orders 11.8 Owner's Liability Insurance ........................... $.$ Safety and Protection ............................ 6.30-6.31 Owner's Representative--Engineer to serve as ........ 9. I Samples ......................................... 6.33-6.28 - Owner's Responsibilities~in general .................... 8 Schedule of progress ........ 3.6, 2.8-2.9, 6.6, 6.39, 15.3.6 Owner's Separate Representative at site ............... 9.3 Schedule of Shop Drawing submissions ...................... 2.6, 3.8-3.9.6.33.14.1 Partial Utilization .................................. 14.10 Schedule of values ...................... 2.6, -.2.8-2.9, 14.1 F Parmial Utilization---definition of I Schedules, Finalizing 2.9 Partial Utilization--Property Insurance ............... 5. !$ Shop Drawings and Samples ..................... 6.23-6.38 Patent Fees and Royalties ............................ 6.12 Shop Drawings~definition of ............................ I r- Payments, Recommendation of ........... 14.4-14.'/, 14.13 Shop Drawings, use to approve I Payments to Contractor--in general .................... 14 substitutions ...................................... 6.7..3 $it¢. Visits to--b} En~_i?.eer ........................... 9.: T:..-.e. Com.mu:;~:!or. ¢;' ............................... '~'- ' - '~ ~' ": oF Time. Con ..... --,,e .......... o:'. ....................... S ~ e c 1, ,,,. n [: o,, s.._.~ e.; ,q.,,. o i,3, ............................. ] , ,.., .. a r: ~ :,. 'w', ... S',ar:in_~ Construe:ion. Bcfor; ........................ --.$ S::~rtin.g th,' Projec', .................................... -'.-: Uncovering Work .......................... 13.$-1.~.9 5;Ol::ping Work--by Con:fac:or ....................... ~-<--< Underground F:c:lmes--d¢~nitie, n oI' . .................. I Stopping Work--by Owner .......................... I_~. I0 Underground Facilities--not sho~ n or indicn,'ed ..... Subcontractor--definition of ............................. I Underground Facilitics--pro:¢c,qon of ........... 4.3.6.20 Subcontractors--in general ....................... 6.$-6. I I Underground Facilities--shown or indicated ......... 4.3. I Subcontracts--required provisions ............ .5. I I. I. 6. I IUnit Price Work--definiHon or' .......................... 11.4.3 Unit Price Work--general ................. 11.9. 14.1. 14.5 Substantiai Completion~ccr~ification of .............. 14.8 Unit Prices ......................................... I 1.3.1 Substantial Completion~definition of .................... I Unit Prices. Determinations for ....................... 9.10 Substitute or "Or-Equal" Items ....................... 6.7 Use of Premises .................................6.16-6. Subsurface Conditions ............................. 4.2-4.3 Utility owners .......................... 6.13, 6.20. - Supplemental costs ................................. I 1.4.$ Supplementary Conditions--definition of ................ ! Values. Schedule of ......................... 2.6.2.9. 14. I Supplementary Conditions~principal Variations in Work--Authorized 6.25.6.27.9.5 references to .. 2.2.4.2, 5. I, .5.3, 5.6-5.8..6.3, 6.13.6.23. Visits to Site~by Engineer ............................ 9.2 7.4.9.3 Supplementing Contract Documents ............... 3.4-3..5 Waiver ot' Claims~on Final Payment ................ 14.16 Supplier--definition of ................................... ! Waiver of Rights by insured parties ............. 5. lO. 6. Supplier~principal references to ... 3.6, 6..5, 6.7-6.9.6.20. Warranty and Guarantee--by Contractor ............. 6.24, 9.13, 9.16. 11.8, 12,.4, 14.12 Warranty of Title. Contractor's ....................... 14.3 Surety~consent to payment .................. 14.12. 14.14 Work. Access to ..................................... 13.2 Surety~Engineer has no duty to .....................9.13 Work--by others ........................................ 7 Surety~notice to .......................... 10.1, 10..5. 15.2 Work Continuing During Disputes .................... 6.29 Surety~qualification of ........................... .5. I-5.2 Work. Cost of ................................... 11.4-II .-~ Suspending Work. by Owner ......................... 15.1 Suspension of Work and Termination~in general I$ Work--definition of ..................................... ....... Work Directive Change--definition of ................... I Superintendent~Contractor's ......................... 6.2 Work Directixe Change--principal Supervision and Superintendence .................. 6.1-6.2 references to ............................ 3.4.3. 10.1-10.2 Taxes--Payment by Contractor 6. I~ Work. Negle,::ed by Contractor .....................1.:. I-' · ' ....................... Worl~. Stopping by Contractor ........................ 15.5 Termination--by Contractor .......................... 15.3 Work. Stopping by Owner ....................... 15.1°1-~.4 Termination~by Owner ......................... 15.2-13.-~ Termination. Suspension o1' Work and--in ,encral 15 Written Amendment.---definition of ...................... - ' ..... Written Amcndment~principal Tests and Inspections ........................... 13.3-13.7 references to ..................... 3.4.1. I0.1.11.2. 12. Time. Change of Contract .............................. 12 E 6 ~. _~, .,-~. .- Jc-e~ -ct car, form :o ;~e Con',;3-*: ~ac_mcnt$. 2r rc~s r.o: Con:tact Dcc'Jmems the fo!:o;~ !n~ '.er.'..s ha'. e ;.'t.¢ .'r..eam.~s of;L*.a[ p--.-'., men: ,un;ess resFonsib[:it': for :kc ;rete.z:-on thereof indicated ~hich are applicable ~o bo~h .'.he singular and pk. rni has been assumed b:.' OWNER at Su~s:2n::2; Ccm~:e:ion in :~',er¢of: accordance with para~.raph 14.$ or 14 .4.a~deuda~Writtcn or graphic instruments issued prior to :he Dry,, i,.~s~Th,,e drawings '* hich show thc chazacter and scoce opening of Bids which clarify, correct at change thc bidding of .:he Work ~o be pe~ormed and ~ hich have been prepared documents or the Contract Documents. or approved by ENGINEER and are referred to in the Can- tract Documcms. Agreement~The written agreement between OWNER and CONTRACTOR covering the Work to be performed; other £ffective Date of the Agreement~The date indicated in the Contract Documents are attached to thc Agreement and made Agreement on which it becomes effective, but if no such date a par~ thereofas provided therein, is indicated it means the date on which thc Agreement is signed and delivered by the last of thc tx~o paaies to sign and Applicatio. for Payme.t~The form ac~:eptcd 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 change in the Contract performed. Price or the Contract Time. Bo,d~--Bid. performance and payment bonds and other Ge,eral Requirements--Sections of Division I of[he Speci- instruments o£ security, fica!ions. Cha, t'e Ordcr~A document recommended b.~ ENGINEE.~. Law, a,d Rc?!datit,K¥: Laws or Rdg,latio,.~La~s. ruie~. '~ hich is signed b? CONTRACTOR and OWNER and au!ho- regulations, ordinances, codes and/or orders. rizcs an addition, deletion or revision in the Work. or an adjustment in the Contract Price or the Contract Time. issued Notice of .4ward~The written notice by OWNER to the on or alter the Effective Date of the Agreement. apparent successful bidder stating that upon compliance by ~ge apparent successful bidder with the conditions precedent Contract Doc,ment$~The Agr~mem. Addenda Iwhich ~num~rat~d therein, within the time specified. rain to the Contract Document~). CONTRACTOR's Bid sign and ddiv{r the Agreement. Hncluding documentadon accompanying the Bid and any po~t- Notice to Proce,d~A written notice ~iven by OWNER to Bid documentation ~ubmitted prior to the Notice of Award} CONTRACTOR !with a copy to ENGINEERI fix/ne the date when attached as an exhibit to the A~recment. the Bonds. ' - ~ on which the Contract Time will commence to run and :hose G~ncral Conditions, the Supplementary Conditions. thc which CONTK&CTOR shall start to pedorm CONT~C- Spc:ifications and the Drawings as the same are more spa- TOR'S 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, co~oration, asso- paragraphs 3.4 and 3.5 on or after the Effective Date of the clarion, fi~ or person with whom CONT~CTO~ 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 Utiliaation~Placing a po~ion of the Work in sc~'ice T~CTOR under the Contract Documents as stated in the for thc pu~ose for which it is intended (or a minted pu~osc) Agreement (subject to the provisions of paragraph 11.9.1 in before rcachine Substantial Completion for all thc 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 pro*ideal under the Contract Documents may be the whole. in paragraph 17.2) or the date stated in the Agreement for the or a pan as indicated elsewhere in the Contract Documents. completion of the Work. Resident Project Re~resentative~The authorized represen- CO~CTOR--~e ~rson. ~ or co.ration with whom tative of ENGLNEER who is assigned to the site or any pan O~ER has entered into the Ageement. thereof. 7 Fr--ar¢~', ~? a Sc:z;~er.. and su~m~t:cd e'. C3~TRACTOR :~ uon..~,. T.mc. ~u: .:,_ , ~'.:~¢~c¢ :ha: :hs pan:cs ~xse::. C~an~e ~ i:~ bc ~nc~cra:~d :r. a subsequen::':' ~ssued C'~an~e 5?c?c~;io~s~Those portions o[ :h~ Con:race Documents Order fc?.o'.~:n~ nc~o;~a:~ars ~? :he Fa;d~s as :e ~:s ~Z~::. cansisfin~ of w~tt~n tcchn~c~] descr~T~ons oF m~e~ais. ~ny. on:hcCon:r~c:Pric~erCan:rac:T~measFra'.:dcd equ~pmcm, construc:ion systems, s~andards and workman- paragraph ship as applied ~o thc Work and c~nain administrative dc~a~ls Documents. si~ncd by OWNER and CO~T~&CTOR on or ~,~c~m~ac~o~An individual, firm or co~ora~ion havin~ ~ after ~hc E~ecfive Dale ortho A~rc~ment and normally deal- m. ~ contract wi~h CONTRACTO~ or with inv mher Sub- in~ wi~h ~hc nonen~ince~n~ or nontechnical ra~her ~han s:~cd~ comractor for th~ pc~orm~ncc of a pan of ~hc Work n~ ~he Work-rclaled aspects o~ ~h~ Comr~c~ Documents. ske. ~u~st~fi~l Co~l~fio~Th~ Work ~or a sp~ci~d pan ~her~o~ has pro~ress~d ~o ~hc poim where, in thc opinion o~ E~GI- ART~CL[ 2~PRELIMI~A~Y MA~RS ~ER as evidcnc~ by ENGInEER's definitive c~rfifica~c o~ Substantial Completion. k is su~fici~ndy complete, in ~liv~9 · ccor~a,cc wi~h thc Coniract Documcms. so ~ha~ ~h~ Work rot spcci~cd pn~} can bc utilized ~or ~h~ ~u~oscs for which 2.1. When CO~TRACTOR d~livcrs ~he e~ecutcd i: is in~cnded; or i~ there be no such certificate issued, when mcn~s ~o OWNER. CONTRACTO~ shall also dc~iver :o ~n~i payment is duc in ~ccordancc wi~h parnlraph 14.13. Thc OWNED such Bonds ~s CO~TDACTOR may be required :o :erms "subst~mi~lly complete" and "substamially com- furnish in accordance wi~h p~ra~raph 5.1. ~e~ed" as ~ppli~d to any Work r~fer lo Subs~nnfi~l Compl~- ~ion thereof. Copies of Documents: OWNER shall furnish to CONTRACTOR ua ;~ ~e.~ S:~pplementa~' Condition.~The part of the Contrac: Docu- "-' ' ments which amends or supplements these General Condi- copies (unless olherxvise specified in the Suppl¢mentar) Can- ~ons. ditions) of the Cofitrac~ Documents as are reasonabb- nec- essay' for the execution of the Work. Additional copies x~iii 5upplier~A manufacturer, fabricator, supplier, distributor, be furnished, upon request, at the cost of reproduc:ion. ~aterialman or vendor. Commencement of Contract Time; :Votice to Proceed: Under?roundFacifities~Allpipeline~. conduits.duc:s, cabies. ~.3. The Contract Time will commence ~o ~un on ~v~res. manholes, vaults, tanks, tunnels or other such facilities thi~eth day after ihe Effective Date o~ the Agreement. or. ::' or at:achments, and any encasemems containing such Earl!- a Notice to Proceed is given, on the day indicated in ~:~es wnich have been installed underground to furnish any of ~otice to Proceed. A Notice to Proceed be given a; :n': may :he foilowing services or materials: electricity, gases, steam, time within thi~y days after the Effective Date of the Agrea- 1iquid petroleum products, telephone or other communica- mont. In no event will the Contract Time commence to ~n :ions, cable television, sewage and drainag~ removal, traffic later than the seventy-fifth day after the day of Bid opening o: other control systems or water, or ~he ~hi~ieth day after the Effective Date of the whichever date is earlier. ~.att Price ~ ore--WorK to be paid for on thc basis o~ unit 5ta~ng the Project: Work--The entire completed construc:ion or the va~ous sop- 2.4. CONT~&~OR shall sta~ to pe~orm the Work on stately identifiable pa~s thereof required to be furnished the date when the Contract Time commences to ~n. but no under the Contract Documents. Work is the result of per- Work shall be done at the site p~or to the date on which the foxing so,ices, furnishing labor and furnishing and incor- Contract Time commences to run. porating materials and equipment into the const~ction, all as required by the Contract Documents. Before S~ng Con~uction: Work Directive Change~A w~tten directive to CONTRAC- 2.5. B~fore unde~aking each pa~ o~ the Work, CON- TOR, issued on or after the Effective Date of the Agreement T~CTOR shall carefully study and compare the Contact and signed by OWNER and recommended by ENGINEER, Documents and check and ve~y pe~inent 6gures shown 8 confi~c[. - , - Work com~:c:ion ~kh!n :r.¢ Cow-ac' T.m¢. bu: ~"c~ ' ~er or discrepancy s,h:ch CONTRACTOR m.;. :o ....... ct.cc~.r and sha'.i e~ta]n a w~:te~ ,~, ~ -,-.:~ or c:2n~.- ~ ._.~ ...... . .... ¢. ~r ........ :::¢;:a..c: ~ :?. re:t~er imFcse c n ENO iN E ER -~-e~,'~'::". ca~ion from E~G[NEE~ before proc~din~ with any WDrk for :he ;:o~:~ss 3: sch¢~ulina of:ne 'a cr~ nor rel.c',e CON- affec:edtherebv;however. CONTRACTOR shail nm be ';~. TRACTOR from fuil --~-~-;---'." :nerefer The z_~,: .... ~ie to OWNER or ENGINEER for failure to re,on an~. ic5. edule o(S5. o= ~'~'~._.~in~ su~miss:oes conflict, exor or discrepancy in the Contrac: Documen:s. ENGINEER as providing a ~or,a_le a~angemen: for pro- u~ess CONTK~OR had actual knowledge thereofor should cessing the submissions. The finalized schedule reasonably have known thereof. ~e acceplable to ENGINEER as ~o Form an~ subs;anco. 2.6. Within ten days after the Effective Date of the Agree- ment (unless othe~ise specified in t~e General Require- ments), CONTRACTOR shall submi~ to ENGINEER for ARTICLE 3~CONTRACT DOCUMENTS: INTENT. review: AMENDING. REUSE 2.6.1. an estimated progress schedule indicating the stoning and completion gates of the vagous s~a~es of the 3.1. The Contract Documents comprise the entire agree- Work; merit between OWNER and CONTRA~OR concerning the 2.6.2. a preliminary sc~e~ule of Shop Drawing sub- Work. The Contract Documents are complementary; what is missions; and called for by one is as bin~ing as if called for by all. The Contract Documents will be construed in accordance wit~ 2.6.3. a preliminary schedule of values for all of t~e t~e law of the place o~ the Project. Work which will include quantities and prices of items 3.2. It is the in~ent of the Co,tmct Documents ~o flescribe a~gregating t~e Contract Price ang will subgivifle the Work a functionally complete Project (or pan t~ereo0 to be con- into component pans in sufficient ~etail to serve as the stmcied in accordance with l~e Contract Documents. Any basis for progress payments duNn~ construction. Such Work. mater,s or equipment that may reasonably be info,ed pNces will include an appropNate amount ofoverhead an~ from the Conlract Documents as beinl required to produce profit applicable to each item of Work whic~ will be con- ~he intended result will be supplied whet~er or not specificalN' firmed in writing by CONTRACTOR at the time of sub- ' mission, called for. When words which have a ~ell-known technics! or ~rade meaning are use~ to describe Work. materials er equipment such words shall be interfered in accor~ance 2.7. Before any Work at the site is stoned, CONTRAC- thai meanini. Reference to standard speci~ations, manuais TOR shall deliver to OWNER. with a copy to ENGINEER. ce~ificates (an~ other evidence of insurance requested by or codes ofany technical society, organization or associalion. OWNER) which CONTRA~OR is required to purchase and or ~o the Laws or Regalations ofany governmental aut~omy. whether such reference be s~cific or by implication, shall maintain in accordance with parasraphs 5.3 and 5.4. an~ mean ~e latest standar~ specification, manual, co~e or La,~ OWNER shall deliver to CONTRACTOR certificates land other evidence of insurance requestefl by CONTRACTOR~ or RegulaGons in effect at the time ofopening which OWNER is required to purchase and maintain in ~he Effective Date of the Agreement if there were accordance wit~ paraerap~s 5.6 and ~.7. except as may be othe~ise specifically stated. However. no ' provision of any referenced standard specification, manua', or code (whether or not specifically inco~orated by reference Preco~uction Conference: in the Contract Documents) shall be effective to change the 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 CONTRA~OR sta~s the Work at ecs from those set forth in the Contract Documents, nor shall the site, a conference attended by CONT~OR, ENGI- it be effective ~o assign to ENGINEER, or of ENGI- NEER and others as appropNate will be held to discuss the NEER's consultants, agents or empioyees,anYany duty or schedules refe~ed to in paragraph 2.6, to discuss procedures authoNty to supe~ise or direct the furnishing or pe~ormance for handling Shop Drawings and other submittals and for of the Work or any duty or authority to undertake reaponsi- processingApp~cations for Payment, and toestab~shawor~ng bility contrao' to the provisions of paragraph 9.15 or 9.16. understanding amon~ the panics as to the Work. Clarifications and inte~retations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. If, du~ng the performance ofthe Work, CONT~C- F inali~ng Schedules: 2.9. At least ten days before submission of the first Appli- TOR finds a conflict, e~or or discrepancy in the Contract cation for Payment a conference attended by CONTAC- Documents, CONT~OR shall so report to ENGINEER TOR, ENGINEER and others as appropriate will be held to ~ ~ting at once ~d before preceding ~th ~e Work ~ected ~n~ize the schedules submitted in accordance with para- thereby sh~ obtain a wNtten inte~retation or claNfication 9 n. 3WNER's fur:'.~sM.ql ;hese lands, r:~h:s-,~."-,~a,, er eas¢- ..m. en[s em!:'.es CONTRACTOR :o an e~::ensic-n o~' :ne Con- 3.~. The Contrac: Documents ma:,' be amended :o pro- F. ro,,'ided in A~icle '.2. CONTRACTOR s~.all ;ro,ide for a!l F vide for additions, deletions and r',visions in the Work or ;o additional lands and access ~here:o ,,hat ma.,, be required for modify the terms .-,nd conditions ,,hereof in one or more of temporaQ' consu'uction faci!i:ies or s[orag,- of ma~-~riais and ;he following ways: equipment. F 3.-~.1. a formal Written Amendment. Physical Conditions: 3.4.2. a Change Order (pursuant to paragraph 10.4l. a.2.1. '~.rp[oration$ and Reports: Reference is made or to the Supplementary Conditions for identification of those reports of explorations and tests of subsurface conditions 3.4.3, a Work Directive Change (l~urguant to para- at the site that have been utilized by ENGINEER in prep- graph 10. Il. station of the Contract Documents. CONTRACTOR may F rely the accuracy of the technical data contained in upon As indicated in paragraphs Il.2 and 12,1. Contract Price and such reports, but not upon nontechnical data. interpre',a- Contract Time may only be changed by a Change Order or a tion$ oropinions contained therein or for the completeness F Written Amendment. thereof for CONTRACTOR's purposes. Except as indt- cared 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 re~ponsib~iity meats may be supplemented, and minor variations and davis- with respect to subsurface conditions at the site. tions in the Work may be authorized, in one or more of the following ways: '~ '~ 4 ..... EMsti, g ..~trttctttres: Reference is made to the Supplementary Conditions for identification of 3.5.1. a Field Order (pursu-".nt to par:tgraph 9.5}. dra~ings of physical conditions in or relating to exi,~:ing sun'a,:.- and subsurface structure~ tcxc~pt L'ndcr~reu."d 3.5.2. ENGINEER's approval of a Shop Drawing or Facilities referred to in par~grnph 4.3) ,.,,hic.h are ?: or sample (purs.'.:r.n[ [o par.~graphs 6.26 .',nd 6.27). or contiguous to the .site that have been utilized by ENGI- r. .',,'EER in preparation of the Contract Documents. CON- 3.$.3. E.',L~INEER's ,*'fit:eh interpretation or da.,4~- TRACTOR may rely upon the accuracy of the technical cation (pursuant to paragraph 9.4). d~,ta contained in such drawings, but not for the comple:e- ness thereof for CONTRACTOR's purposes. E.xce~'t :'s indicated in the immediately preceding sent~n,:e .',nd in Reuse of Documents: paragraph z.2.6. CONTRACTOR shall have full 3.6. Neither CONTRACTOR nor any Subcontra,::or or sibility ~ith respect to physical conditions in or Supplier or ot~e:- person or organization performing or f~r- to such structures. F ni:hing any of t~'.e Work under a direct or indirec: contra:': :~.i:h OWNER sh.'i][ have or acquire any title to or ownership 4._.2.3. Report of Differing Conditions: If CONTR_~.C- r/ghts in any of ~he Drawings, Spezifications or other docu- TOR believes that: F ..ments (or copies of any thereof) prepared by or bearing the seal of ENGINEER: and they shall not reuse any of them on 4.2.3.1. any technical data on which CONTR.-XC- ~ -'x:ensions of the Project or any other project without ;,,xitten TOR is entitled to rely as provided in paragraphs 4.2. consent of OWNER and ENGINEER and specific written and 4.2.2 is inaccurate, or verification or adaptation by ENGINEER. 4.2.3.". any physical condition uncovered or revealed at the site differs materially from that indi- F ARTICLE a---AVAILABILITY OF LANDS; PHYSICAL rated, reflected or referred to in the Contract Docu- t - CONDITIONS: REFERENCE POINTS ments. Availability of Lands: CONTI:La. 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 writing F formed, rights-of-way and easements for access thereto, and about the inaccuracy or difference. 10 , .~:O-~..F:!'.,' ."~:-~',, :.~e .~e,'-".i,'t.¢.'t.: ~0~c.:.2:'5. ~e:er.~..:=.~ :--.,~ 5~'.:-~'.,~ ..... ;~.. c.:o~:'.!:;?.g.'-ddi:ior, al ~' 7" ......... :'~' z_e.-'.ces "r,.ke e,,[-z:,~nze ,_'."-'.he ',.":.:e::.j-z=:*J Fac.. :'.. a':~ res:oct t~-.~' :e:o a.-',r: ad', ise O',v.N' E R :.'- .,,:!.'.ing ..-.~ ::.~. a cz._-':. :~'.e F ENGINEER's ff. zd!r'~s :r.z z,~:-.- :c ::.e e',:e.':: :-..~:es-::-:. D~::::__- s_c:: :.'=e. ,==",,TR-.',C- '.,2 CONTRACTOR:, c:usions. TC.R -~.2.$ Possible Docu,:e;:: C;:~:,_z,.'.' If ENGINEER · ,_,.,.N. R_A.,.., ,_,:,, s~.z:i a::,.-w.~ an '-.' ..... m :ke ,,_~,.- F concludes that there is a materiai error in [he Contract [."act P~ce or an ex:ensien of :ne Cer.:rac: T:me. er L-etk.. Documents or that because o~' newl;, discovered condi- :o :he extent :hat :key are a:'.~butabie to the existence cf tions a change in the Contract Documents is required, a an.,,' Underground Facility :hat was not sho'.vn or indicated r-' Work Directive Chan~e or a Chan~,e Order will be issued m the Contract Documents and which CONTRACTOR ~ as provided in Article 10 to reflect and document the could not reasonably have been expected to be a:,,are of. consequences of the inaccuracy or difference. If the panics are unable to agree as to the amount or length thereof. CONTRACTOR ma.,,' make a claim therefor as F 4.2.6. Possible Price and Time Adjttsltnet~t$: In each provided in Articles I t and 12. ~ such case. an increase or decrease in the Contract Price 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 I 1 and 12. with the Work. CONTRACTOR shall be responsible for lay- ing out the Work (unless otherwise specified in the General Requirements). shall protect and preserve the established ~" Ph?'sical Cot~ditions--[,'ndersround Facilities: reference points and shall make no changes or relocations ~ 4.3. I. Sl~owt~ or Indicated: The information and data without the prior written approval of OWNER. CONTRAC- TOR shall report to ENGINEER whenever an.,.' reference shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the point is lost or destroyed or requires re!ocation because of "" site is based on information and data furnished to OWNER necessary chan~es in ~rades or locations, and shall be festoon- or ENGINEER by the ov,'ners of such Underground Facil- sible for the accurate replacement or relocation of such res ides or by others. Unless it is otherwise expressly ;'re- erence points by professionally qualified personnel. ,.-ired in the Supplementary Conditions: ? . . 4.3.1.1. OWNER and ENGINEER shall not be ARTICLE S~BONDS AND INSURANCE responsible for the accuracy or completeness of an.~ ,--, such information or data: and. [ ?erformance and Other Bonds: a.3.1.2. CONTRACTOR shall have full responsi- 5.1. CONTRACTOR shall furnish performance and pa.',- bility for reviewing and checking all such information merit Bonds. each in an amount at least equal to the Contract I"= and data. for locating all Underground Facilities sho~vn Price as security for the faithful performance and payment of i or indicated in the Contract Documents. for coordina- all CONTRACTOR's obli_.ations under the Contract Decu- tion of the Work with the owners of such Underground merits. These Bonds shall remain in effect at least ,.,ntil one Facilities during construction, for the safety and pro- year after the date when 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 SupplementaQ' Candi- d, been included in the Contract Price. tions. All Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents and be executed 4.:3.2. Not Shown or Indicated. if an Under~ound by such sureties as are named in the current list of "Corn- 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 Cam- Documents and which CONTRACTOR could not reason- panics" as published in Circular 570 (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 erner- copy of the authority to act. gency 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. AC- ,,-.- to that owner and to OWNER and ENGINEER. ENGI- TaR is declared a bankrupt or becomes insolvent or its right I N£ER will promptly review the Underground Facility to to do business is terminated in any state where ~ny part of Il I ::' 7a:"_rra.?. 5.' CC'.",'TR.~.CTOR s~.al; ',;::~'.in 5',: da:.s ar.,: ENG:.x,'EER '.'z? ce.~:5¢3 ma.!..-'..: s-,:~ :r.s:.rs:-.:¢ :?-.-'r:a2er s?zst:::,:e -nc:~.er Bend ant Su:~,:,.'. ~'c:,':. cf :/, ~.:; ~ :.-..-. a. n: .-. ,,"-~-':-, :.-_-"acir._,z !~'-gc,q:-g ',vcrk !n acc era a.':.c-~ ', .... a-- ~ .... : ~ Contractor's Liability Insurance: L". accel:on. CONTRACTOR sla.'..."r.a:~:2:~ s:..:~'. - cze:a-'.!ons !nsuranc~ fo: a: '.east :'.,. o yeats a.":er .a. na2 ?a~. 5.3. CONTRACTOR shall purchase and maintain su:h and furnish OWNERx~itS. evidenceofcan:inxa:iono~'suc~. comprehensive genera; liability and other insurance as is insurance a: 5n.< pa.vment and one ':'ear thereof:er. appropriate for the , or.~ being performed and furnished and as will provide pro,'ection from c!aims set forth below' Which may arise OUt of or result from CONTRACTOR's perfor- ContractualLi~bili~.' Insurance: mance and furnishing of the Work and CONTRACTOR's 5.4. The comprehensive general liability insurance r~-quired other obligations under the Contract Documents, whether it by paragraph 5.3 will include contractual liability insurance' is to be performed or furnished by CONTRACTOR, by an.,,' applicable to CONTRACTOR's obligations under paragraphs Subcontractor. by anyone directly or indirectly employed by 6.30 and 6.31. any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: Owner's Li~bilio' Insurance: 5.3.1. Claims under workers' or workmen's compen- sation, disability benefits and other similar employee ben- 5.5. OWNER shall be responsible for purchasing and erie acts; 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 injuQ', anco as will protect OWNER against claims which ma.,,' 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 proper;'., insurance u.=en the Work at the site to the full insurable s q '~ ' Claims for damco, es in~,ured bs personal injury ;hereof tsub~e~': to such deductible amounts as ma:,' be liability coverage which are sustained to} by any person vided in the Supplementary Conditions or required by La~, s as a result of an offense directly or indirectly related ~o and Regulations}. This insurance shall include the interests the employment of such person by CONTRACTOR. or of OWNER. CONTRACTOR. Subcontractors. ENGINEER lb) by an.,.' other person for any other reason: and ENGINEER's consultants in the Work. all of s~ horn sh."l! ~e listed as insureds or additional insured parties, shall insure 5.5.5. Claims for dame,,es, other than to the Work atainst the perils of fire and extended co'.-craee and shall itself, because of injury to or destruction of tangible pro.c- inc!ude "all risk" insurance for physical ie~s and damage erty ~herever located, including loss of use resulting including theft, vandalism and malicious mischief, collapse therefrom: and water damage, and such other perils as may be pro~ ideal in the Supplementary Conditions. and shall include 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 proper~y (including but not limited to fees and charges 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 vialed in the SuppiementaG. Conditions. CONTRACTOR sha!l 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- tal.-' 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 ance so required to be purchased and maintained (or the Regulations which will include the interests of OWNER. certificates or other evidence thereo0 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 parties. 12 5.$. All :kc ~:olic/es o/' insurance ~or the ce.-,ifica:es or s',:ch waiver forms z:e ........ ~ e.'.' ~-',- S-~cer,:r2c:or. o:h.¢r evidence thereo~ required to be purchase~ and rr. ain- CONTRACTOR ~ii! ob-',ain :he sa.me. :aincd by OWNF_R in accordance with paragraphs 5.6 ar.d 5.? will contain a provision or endorsement [hat the coverage al~f',orded wi[l not ~¢ cance!led or ma:efiaily changed or rene~.-': Receipt and .-~pplic~,~on of Proceeds: refused until at least thirty days' pdor -~..ritten noticc has been 5.12. Any insured loss under t5¢ ~ohc;¢s o~'insurance given to CONTRACTOR by certified mail and wiil contain requireO ~y paragraphs 5.fi and 5.7 ',~fii ~e adjust:ri with waiver provisions in accordance with paragraph 5.11.2. ...~ OWNER and made payable to OWNER as t."'astee for insureds, as their interests may appear, subject to t~.e require- 5.9. OWNER shall not be responsible for purchasing and ments of any applicable mortgage clause and of paragraph maintaining any property insurance to protect thc 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 panics in interest may reach. It' 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, thc moneys' so received applied on contractor or others suffering any such loss and if any of them account thereof and thc Work and thc 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 thc purchas- efts own expense. 5.1~. 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- element with the insurers in accordance with such agreement priate Change Order or Written Amendment. Prior to corn- as the panics 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 thc 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. I I.I. OWN ER and CONTRACTOR x~ al,, · all rights 5.14. If OWN ER has any objection to the coverage afforded against each other for ali losses and damages caused by b}' or other provisions of the insurance required to be put- anv. 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 thc 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 damages paragraph '~ 7 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 ~-ill insurance required to be purchased and maintained by OWNER contain similar waiver provisions by the Subcontractor in in accordance with paragraphs 5.6 and 5.7 on thc basis of favorofOWNER, CONTRACTOR. ENGINEER, ENGI- their not complying with the Contract Documents, CON- N EER's consultants and all other parties named as insurcds. TRACTOR shall notify OWN ER 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 thc proceeds of TRACTOR in accordance with paragraph 2.7. OWNER and insurance held by OWNER as trustee or otherwise p.ay- 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 Un'lizmion~Properry Insurance: recovery against any of the panics named as insureds or 5.15. If OWNER finds it necessary to occupy or use a additional insureds, 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 ptished in accordance with paragraph 14.10; provided that no 13 ,--- s~2:: :~zsen~ b:. endorsemcn~ or. :he pol~c'. --- --';-- :es:s} as :o :nc k;uc zn2 cca:::', c:' ~s:~r;a:s arj ~J:h the ~nszmJC;icns of thc aFp~cab::e S~her ~xc~;: ~is:on of any such instructions ~i[; be ~f[e::i~e to ass:~ ~o A~TICLE ~CONTRACTOR'S RESPONSIBILITIES ENGINEER. or an>' oF ENGINEER's consu!:ants, a~en~s er employees, an)' duty or authority to s:;ervise or direct the furnishin~ or pe~ormancc of thc Work or any duty or author- Supe~ision and Superintendence: - - . icy to undc~akc responsibility conc.rar~ to thc provisions 6. I. CONTRACTOR shall supervise and dircc~ thc Work paragraph 9. ]5 or 9.16. competently and efficiently, devoting such attention thc:cio and applying such ~kills and expertise as may be necessary co pc~orm thc Work in accordance with thc Contract Doc- Adjusting Progress ScJtedule: um~nts. CONTRACTOK shall be solely r~aponsible for thc 6.6. CONTK~CTOR shall submit ~o ENGINEER means, methods, techniques, sequences and procedures of acceptance (to thc extent indicated in paragraph 2.9) adjust- const~ction, but CONTRA~OR shall not bc responsible mc~ts in thc progress ~chcd~lc ~o reflect thc impact for thc negligence of others in the design or selection of a of new developments: th~ac w'ill conform generally to specific ~cans, m~thod, t~chnique, sequence or pr~durc progress schedule then in effect and additionally will comply of const~ction which is indicazcd in and required by th~ with any provisions of thc General Rcquircmcnt~ applicable Contract Documents. CONTRACTOR shah be responsible thereto. ~o see that thc finished Work complies accurately ~ith thc Contract Documents. Subsgtutes or "Or.Equal" Items: 6.2. CONTRACTOR shall keep on thc Work at all times 6.7.1. Whenever materials or equipment ace during ica progress a competent resident superimendent, ~ ho shall not be replaced without written notice to OWNER a~d or described in the Contract Documents by using the name ENGINEER except under extraordinary circumstance~. T~e ol' a proprietary item or ~he name of ~t particular the n~minc of thc item i~ intended [o e~,~li~ the t~ superintendent will be CONTRACTOR's representative at - . the site and shall have authori~y to act on behalf of CON- runcdon and qual~ty required. Unless the name is ~ollo~eJ TRA~OR. All communications given to the superintendent by words indicating ~ha[ no substitution is permitted. mateHals or equipment ofo~her Suppliers may be shall be as binding as i~ given to CONTRACTOR. by ENGINEER if sur~ciant inrormution is submitted CONTRACTOR to allow ENGINEER ~o determine that Labor, .tlaterial~ and Equipment: the material or equipment proposed is equivalem or to that named. The procedure for re~ic'.~ by ENGINEER 6.3. CONTRACTOR shall provide competent, sui[abi':' will include the following as supplcmenttd in the qualified personnel to survey and lay out the Work and per- Requirements. Requests for review of substitute items :arm construction as required by the Contract Documen:s. material and equipment will not be accepted b~' CONTRACTOR shall at all dines maintain good discipline NEER from anyone other than CONTRACTOR. lfCON- and order at the site. Except in connection with thc safety or TRACTOR wishes to furnish or use a substitute item protection of persons or the Work or property at the site or material or equipment, CONTRACTOR shall make adjacent thereto, and except as otherwise indicated in the ten application to ENGINEER for acceptanc~ thereof. Contract Documents. all Work at thc site shall be pe~ormed codifying that the proposed substitute will Fedorm ado- during regular working hours, and CONTRACTOR will not quately the functions and achieve the results called for pe~it overtime work or thc performance of Work on Sat- the general design, be similar and of equal substance to urday, Sunday or any legal holiday without OWNER's walt- that specified and be suited [o the same use as that spec- ten consent given after prior written notice to ENGINEER. ified. The application will state that the evaluation and acceptance of thc proposed substitute will not prejudic: 6.4. Unless otherwise speci~ed in the General Require- CONTRACTOR's achievement of Substantial Compl~- ments, CONTRACTOR shall furnish and assume [uU respon- tion on time. whether or not acceptance o[ the substitute s~bi~i[y for all matedaJs, equipment, labor, transpo~ation, for use in the Work will require a change in anv or the const~ction equipment and machinery, tools, appliance, Contract Documents (or in the provisions of any other fuel, power, light, heat, telephone, water, sanita~ facilities, direct cont~ct with OWNER for work on the Project) to tempo~ry facilities and all other facilities and incident~ adapt the design to the proposed substitute and whether necessa~ for the furnishing, performance, testing, sta~-up or not inco~oradon or use of the substitut~ in connection and completion of the Work. with thc Work is subject to payment of any license fee or 14 ~ c.:t~,:. ':':-.-~ a.-~ .c3.::2': '.',:.: '.:sc ;.2-:c -: '":: .:e.-t'..;z,~,: es:.- zr.c: ei:y.c.-' :? .A.'q.::y: ;2.'" ~'..""z:.:yz [c T':,2.,j ,.:, :..::cyt '"-cce~'.:~.':ce O." NbC2 SL'bst:[ste, '.:c:'.;,.~[n~ Costs ,2:' re;J¢s,-_Z.", t.3~. ,7, ice ~":d::~ ,~3c'z.,'~..e~:s ,2:' ::~ Co-t:'zc: j"' ck. an~e. a:J o[' ~h:ch sha',l be considered b'., E.'CG:N£E~ c::'2r.:z-..::cn sc :der. t'.~ed ms.'.' be :e','oke.J on tr.~ '_----.sis ,~ in evaiuatinR_ tko proposed subs:i[ute. E.~GINEER ma',', reaso~ae.e ac,ecu:on' ' ' j ' af:erdue mves[:~a',[en._ tn ,,.,.'.,..~,.. case require CONTRACTOR to furnish at CO.<TRACTOR's ,.~.""""",~-~ ,r--r r-, ~ ~ ,-,.',,-, c; :- ~,'""'~ .... s'cbm[t an acr. ept.'~b'.e substitute. r" expense additional data about the proposed substi'.ute. Contrac: Price wi'2 L'¢ increased by :he d~t'T.¢:,-nce tn , cost occasioned by such substitution and an ' 6.'/.2. Ifa specific means, method, technique, sequence Change Order w[ll be issued or Written .Amendment signed. or procedure of construction is indicated in or required by No acceptance bF' OWNER or ENGINEER of an.,,' such ? the Contract Documents, CONTRACTOR may furnish or Subcontractor. Suppiier or otb'er person or orsaniz-',don ! utilize a substitute means, method, sequence, technique shall constitute a ',vat, er of any right of OV,'NER or ENG[- or procedure of construction acceptable to ENGINEER. NEER to reject deJ'ec:ive Work. if CONTRACTOR submits sufficient information to allow F ENGINEER to determine that the substitute proposed is 6.9. CONTRACTOR shall be fully responsible to O%~,.~ER ,; equivalent to that indicated or required by the Contract and ENGINEER for all acts and omissions of the Subcon- Documents. The procedure for review by ENGINEER tractors. Suppliers and other persons and organizations per- willbe similar tothat ~)rovidedin para~,raph6.?.l asapplied formin;, or furnishinl,, any of the Work under a direct or by ENGINEER and as may be supplemented in the Gert- indirect contract with CONTRACTOR just as CONTRAC- emi Requirements. TaR is responsible for CONTRACTOR's own acts and omis- sions. Nothing in the Contract Documents shall create any r' 6.7.3. ENGINEER will be allowed a reasonable time contractual relationship between OWNER or ENGINEER ! within which to evaluate each proposed substitute. ENGi- and an)' such Subcontractor. Supplier or other person or ; .~EER will be the sole judge of acceptability, and no organization, nor shall it create an)' obligation on the part at' substitute will be ordered, installed or utilized without OWNER or ENGINEER to pay or to see to the payment of ? ENGINEER's prior written acceptance ).,.hich ,.,.ill be e~.i- any moneys due nny such Subcontractor. Supplier or or. her denccd by either a Change Order or an approved Shop person or org3niza[ion except as may other~.~is¢ be reaui:'ed Drawing. OWNER mew require CONTRACTOR :o fur- b'. La'.~s ,:nd Regula:ions. nish at CONTRACTOR's expense a special performance ? · j guarantee or other surety with respect to any substitute. 6.10. The divisions and sections of thc Specifications and ENGINEER will record time required by ENGINEER the identifications o1' any Drawings shall not control CO.~- and ENGINEER's consultants in evaluating substitutions TRACTOR in dividing the Work among Subcontractors or F proposed by CONTRACTOR and in making changes in Suppliers or delineating the Work to be performed b.~ · the Contract Documents occasioned thereby. Whether or specific trade. not ENGINEER accepts a proposed substitute. CO.N- TRACTOR shall reimburse OWNER for thc char_ecs of 6.11. .Ail Work performed for CONTRACTOR by a Sub- r"' ENGINEER and ENGINEER's consultants for ev.',Juat- contractor ~iiI be pursuant to an aporoeria~e ao,eem~.'~' ~ ing e~ch proposed substitute, ffetween CONTRACTOR and the Subcontractor which c~call.,.' binds the Subcontractor to the applicable terms conditions of the Contract Documents for the benel~t of r~ Concerning Subco~tracrors, Suppliers and Olhers: J OWNER and ENGINEER and contains waiver provisions ' 6.8.1. CONTRACTOR shall not employ any Subcon- as required by paragraph 5.11. CONTRACTOR shall pay tractor, Supplierorotherpersonororganization(includin_~ each Subcontractor a just share of any insurance moneys _.,.-~ those acceptable to OWNER and ENGINEER as indi- received by. CONTRACTOR on account of losses under pol- l cared in paragraph 6.8.2), whether initially or as a substi- ic~es issued pursuant to paragraphs 5.6 and 5.7. tute, against whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR shall not be required r to employ any Subcontractor. Supplier or other person or Pa~ent Fees anel organization to furnish or perform any ofthe Work against 6.12. CONTRACTOR shall pay all license fees and roy- whom CONTRACTOR has reasonable objection, alties and assume ali costs incident to the use in the pe~or- r' 6.8.2. If the Supplementary Conditions require the mance at' the Work or the incorporation in the Work o£ an)' identity of certain Subcontractors. Suppliers or other per- invention, design, process, product or device which is the sons or organizations (including those who are to furnish subject of patent rights or copyrights held by others. If a the principal items of materials and equipment) to be sub- particular invention, design, process, product or device is r- mitred to OWNER in advance of the specified date prior specified in the Contract Documents for use in the pert'or- to the Effective Date of the Agreement for acceptance by mance of the Work and if to the actual knowledge of OWN ER .?. 15 r" cr ENGINEER its use is subject:o;atc:,~ghtsorcopy',~h:s ~":ace of;he Prcjc:: '.~hich arc app:icab:e during the pe.":;or- } calling for :he payment of any license fee or royalty to others, mance of the Werk. ~he exis:ence of such rights shall be disclosed by OWNER ;,- :he Contract Documents. CONTRACTOR sha!i indemnify' r- and hold harmless OWNER and ENGINEER and anyone Use of Premises: directly or indirectly employed by either of them from and 6.16. CONTRACTOR shall confine constn~ction equip- against all claims, damages, losses and expenses (including meat. 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 idea- any infringement of patent rights or copyrights incident to tiffed in and permitted by the Contract Documents and other the use in the performance of the Work: or resulting from the 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· :,r"' product or device not specified in the Contract Documents. encumber the premises with construction equipment or other and shall clefend all such claims in connection with any alleged materials or equipment· CONTRACTOR shall assume full infringement of such rights· responsibility for any damage to any' shch land or area. or to ,.- the owner or occupant thereof or of any land or areas contig- uous thereto, resulting from the performance of the Work. Permits: Should any claim be made against OWNER or ENGINEER 6.13. Unless otherwise provided in the ~upplememary 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 against which are applicable at the time of opening of Bids. or if there all claims, damages, losses and expenses (including. but not are no Bids on the Effective Date of the Agreement. CON'- limited to. fees of engineers, architects, attorneys and o~her ,1"' TRACTOR shall pay all charges of utility owners for con- professionals and court and arbitration costs)arisingdirectly. , 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~'s 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 oth- At the completion of the Work CONTRACTOR shall remove erwise expressly required by applicable Laws and Regu- 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- ! sine for monitoring CONTRACTOR's compliance with meat and machinery, and surplus materials, and shall lea',e any Laws or Regulations. the site clean and ready for occupancy by OWNER. CON- e,- TRACTOR shall restore to original condition all properly not ' '~ designated for alteration by the Contract Documents. i 6.1 .... If CONTRACTOR observes that thc Specifi- cations or Drawings arc at variance with any Laws or Regulations, CONTRACTOR shall give ENGINEER 6.18. CONTRACTOR shall not load nor permit any parx 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, nor shall CONTRACTOR subject any part of paragraph 3.4. If CONTRACTOR performs any Work the Work or adjacent property to stresses or pressures that knowint or having reason to know that it is contrary to wiU endanger it. such Laws or Regulations, and without such notice to · ENGINEER, CONTRACTOR shall bear all costs arising therefrom; however, it shall not be CONTRACTOR's pti- 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 the site one record copy of all Drawings, Specifications. Regulations. Addenda, Written Amendments, Change Orders, Work Directive Changes, Field Orders and written interpretations [" and clarifications (issued pursuant to paragraph 9.4) in good } rwces: order and annotated to show all changes made during con- 6.15. CONTRACTOR shall pay all sales, consumer, use struction. These record documents together with all approved e- 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 eom- 16 CC. NT~.&~OK. ,.~tr. out sFcc~ai ~nstruc:~on ,, k, '., , from E~GI~EER er OWNER is ek;i~'*~ to ac: :e Safco' and Protec;ion: threatened damage, njurv or loss. CONTRACTOR shal! ~'. 6.20. CONTRACTOR shall be resFonsible for initiating. ENGiNEER~rompts~fittennoticeffCONT~&CTORbet~e"es maintaining and supe~ising all safety precautions and pro- that any significant changes in the Work or variations from grams in connection with the Work. CONT~&CTOR the Contract Documents have been caused thereby. shall If ENG take all necessary precautions for the safety of. and shall NEER dete~ines that a change in the Contract Documents ~rovide the necessau protection to prevent damage, injuu is required b~cause of the action taken in response to an er loss to: ~mergency. 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 p~rsons variations. and organizations who may be affected thereby; 6.20.2. all the Work and materials and equipment to Shop Drawings and be inco~orated therein, whether in storag~ on or off the 6.23. After checking and vehfying ali field measurements site; and and after complying with applicable procedures specified in the G,n, ral Requir~m,nts. CONTRACTOR shall submit 6.20.3. other property at th* site or adjac,nt thereto. ENGINEER for r~vi~w and approval in accordance with the including tr~es, shrubs, lawns, walks, pavements, road- accepted schedule of Shop Drawing submissions (see para- ways, structures, utilities and Under~ound Faciliti,s not ~aph 2.9). or for other appropriate action if so indicated in designated for removal, relocation or replacement in th~ the Supplementary Conditions, fiv~ copies (unless othe~vise course of construction, specifi,d in the General R,quirements) of all Shop Drawings. which will bear a stamp or specific written indication that CONTRACTOR shall comply with all applicable Laws and CONTRACTOR has satisfied CONTRACTOR's responsi- Regulations of any public body having jurisdiction for the bilities under the Contract Documents with r,spect to the safetyofpersons or property or toprotect them fromdamai¢, 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 will be complete with respect to quantities, dimen- shall notify o~vners of adjacent property and of Underground sions, specified performance and design criteria. Facilities and utility owners when prosecution of the Work and similar data.to enable ENGINEER to review the infor- may affect them. and shall cooperate with them in the pro- marion as required. tection, removal, relocation and r~placem~at of their prop- erty. All damage, injury or loss to any property refe~d to 6.24. CONTRACTOR shall also submit to ENGINEER in paragraph 6.20.2 or 6.20.3 caused, directly or indir,ctly, for review and approval with such promptness as to cause in whole or in para by CONTRACTOR. any Subcontractor. no delay in Work, ali sampi*s 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- recdy employed by any of them to perform or furnish any of partied by a specific written indication that CONTRACTOR theWorkoranyon~forwhoseactsanyofthemmaybeliable, has satisfied CONTRACTOR's responsibilities under the shall be remedied by CONTRACTOR (except damage or loss Contract Documents with respect to the review of the sub- attributable to the fault of Drawings or Specifications or to mission and will be identified clearly as to material. Supplier. the acts or omissions of OWNER or ENGINEER or anyone pe~inent data such as catalog numbers and the use for which employed by either of them or anyone for whos, acts ,ither intended. of them may b~ liable, and not attributable, directty or indi- rectly, in whole or in pam to the fault or neglig~nc~ of CON- 6.25.1. Before submission of each Shop Drawing or T~&CTOR). CONTRACTOR's duties and responsibilities sample CONTRACTOR shall have d~t~rmined and veal- for the safety and protection of th~ Work shall continue until fled all quantities, dimensions, specified p,ffomance cfi- such time as all thc Work is completed and ENGINEER has reda, installation requirements, matedals, catalog hum- issued a notice to OWNER and CONT~CTOR in accord- hers and similar data with respect thereto and reviewed ance with paragraph 14.13 that the Work is acceptable (except or coordinated each Shop Drawing or sample with other as oihe~ise ~xpressly provided in connection with Substan- Shop Drawings and samples and with the requirements of dal Completion). the Work and the Contract Documents. 6.21. CONT~CTOR shall designate a responsible rep- 6.25.2. At the time of each submission, CONT~&C- resentative at the site whose duty shall be the prevention o[ TOR shag We ENGINEER specific whtten notice of each accidents. This person shall be CONT~&CTOR's sup~fin- variation that the Shop Drawin$s or samples may have tendent unless othe~ise designated in whting by CON- from the requirements of the Contract Documents. and, T~&CTOR to OWNER. in addition, shall cause a specific notation to be made on 17 TRACTOR shall not endanger any work of others by cutting, tares which have been u:iiized by ENGINEER in preparing their v. ork and ,.,,'ill onl? cut the Dra.~vings and Specifications. excnvntin~ or other'.vise Eher'ing or alter their work ',¥ith the written consent of F_NG].~EER .-,nd the others t~hose ~vork will be a,~f¢cted. The duties r, nd ~.~. OW:NER.'s res;,onsibiiities in res?¢ct of Furch.~sin~ responsibilities of CONTRACTOR under this paragraph are :md mainta n ng liability and property insurance are set forth for the benefit of such utility o'.vners and other contractors in paragraphs 5.$ through 5.2. to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between 8.6. OWNER is obli_~ated to execute Change Orders as OW;NER and such utility owners and other contractors, indicated in paragraph 10.4. 7.3. If any part of CONTRACTOR's Work depends for 8.?. 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 1.~.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. Parasraph 15 it unavailable or unsuitable for such execution and deals with OWNER's right to terminbte services of CO,q- results. CONTRACTOR's failure so to proper report will constitute TRACTOR under certain circumstances. an acceptance o[ the other work as fit and p.roper for integra- tion with CONTRACTOR's Work except for latent or non- defects and deficiencies in the other work. ARTICLE 9---ENGINEER'S STATUS DURING apparent CONSTRUCT[ON Coordi~etion: 7.4. [f OWNER contracts with others for the pert'or- mance of other work on the Project at the site, the person or 9. t. ENGINEER will be OWNER's representative dur- organization who will have authority and responsibilit.¥ for in.~ 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 authorit.v and tract Documents and shall not be extended without written responsibility will be itemized, and the extent ofsuch author- consent of OWNER and ENGINEER. ity and responsibilities will be provided, in ~h¢ Supplcmentar? Conditions. Unless otherwise provided in [he Supplement~r.v t'hh$ ~o Conditions, neither OWNER nor ENGINEER shall have an.v authority or responsibility in respect of such coordination. 9._~. ENGINEER' will make visits to the site at intcrval.~ appropriate to the various stages of construction to obser~'e the progress and quality of the executed Work and to deter- mine. in ~encrai, if the Work is proceeding in accordance ARTICLE 8.--OWNER'S RESPONSIBILITIES with the Contract Documents. ENGINEER will not b~ required to make exhaustive or continuous on-site inspections to check $.1. OWNEA shall issue all communications to CO.~- the quality or quantity of the Work. ENGINEER's TRACTOR through EHGINEER. will be directed toward providing for OWNER a greater of confidence that the completed Work will conform to the 8.]. In case of termination of tbe employment of E,NGI- Contract Documents. On the basis ot' such visits and on-site NEER, OWNER shall appoint an engineer against whom observations as an experienced and qualil~ed design profcs- CONTRACTOR makes no reasonable objection, whose sta- sionai, ENGINEER will keep OWNER in[ormed of the prog- tus under the Contract Documents shall be that of the former ress of the Work and will endeavor to guard OWNER against ENGI~NEER. Any dispute in connection with such appoint- defects and deficiencies in the Work. merit shall be subject to arbitration. 8.3. OWNER shall furnish the data required of OWNER ,Droj~ct 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 in 14.4 and 14.13. ENGINEER in observing the performance of the Work. The provided paragraphs 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 aod 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~arificationsandlnterpre:c.'ions: :-: ENGINEER ¥.:!::e.n .not.c: cf such a dec!sion. 9.4 ENGINEER ',~ '~' · t., issue wi.:h reasonable prom~mess "' s'.'c~ w.'-it:en ¢!arifications or inte,'pretauor, s cf the i · merits of the Contract Documents (in :he form of Dra'.vin_-'g.s Decisions on Disputes: cr other',ise) as ENGINEER may dele .r:',,ine necessaQ'. ',vh:c~. ?_ slat[ be consistent v. ith or reasonably inferable from the 3.11. ENGINEER will be the initial integrex'er of :~e overall intent or'the Contract Documents. If CONTRACTOR requirements of the Contract Documents and judge of " I:elie;'es that a written clarification or interpretation justifies ac:eptabiiity of the Work thereunder. Claims, disputes and an increase in the Contract Price or an extension of the other mat:ers relating to the acceptability of the Work or the ,"- Contract Time and the parties are unable to a~ree to the interpretation of the requirements of the Contract Documents amount or extent thereof, CONTtL.~CTOR may make a claim pertaining to the performance and furnishing of the Work and therefor as provided in Article 11 or Article 12. claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Time will be referred initially to '-- ENGINEER in writing with a request for a formal decision .4uthor~zed Variations in Work: in accordance with this paragraph,'which ENGINEER wiil 9.5. ENGINEER may authorize minor variations in the render in writing within a reasonable time. Wr/tten notice of ,.,. Work from the requixements of the Contract Documents which each such claim, dispute and other matter will be delivered I 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 r- 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 other part.,,' 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 I I or 12. paragraphs 9.10 and 9.1 I. ENGINEER will not show par- ,.... tiality to OWNER or CONTRACTOR and will not be liable , in connection with any interpretation or decision rendered in Rejecting Defective Worl': good faith in such capacity. The rendering or a decision by 9.6. ENGINEER will have authority to disappro~ ¢ or ENGINEER pursuant to paragraphs 9. l0 and 9. I I with respe:: ~ reject Work which ENGINEER believes to be defectire, and to an.'.' such claim, dispute or other matter lexcept any ,.,.-hi,:?, willalso have authority to require special inspection or testing have been wai,.ed by the making or acceptance of final pr.y- o;' the Work as provided in paragraph 13.9. whether or not merit as provided in paragraph 14.16) ,.,,'ill be a condition thc Work is fabricated, installed or completed, precedent to any exercise by OWNER or CONTRACTOR ~ of such rights or remedies as either may otherwise have under : the Contract Documents or by Laws or Regulations in respe:: ' Shop Drawings, Change Orders and Payments: of any such claim, dispute or other matter. 9.7. In connection with ENGINEER's responsibility for ?, Shop Drawines and samples, see paraeraphs 6.23 throu*h 6.29 inclusive. Litnitations on £.VGI:V£ER '$ Responsibilities: 9.13. Neither ENGINEER's authority' to act under this f"" 9.8. In connection with ENGINEER's responsibilities as Article 9 or elsewhere in the Contract Documents nor any I to Change Orders. see Articles 10, I I and 12. decision made by 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 of Applications for Payment. etc., see Article 14. contractor, an.,,' Supplier, or any other person or organization 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. ENG1NEER 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 TILa. CTOR. ENGINEER will review with CONTRACTOR adjectives "reasonable", "suitable", "acceptable". "proper" f'" ENGINEER's preliminary determinations on such matters or "satisfactory" or adjectives of like effect or import are ~ before rendering a whiten decision thereon (by recommen- used to describes requirement, direction, review or judgment dalton 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- ~ter the date of any such decision, either OWNER or CON- ments (unless there is a specific statement indicating other- TIL-XCTOR delivers to the other party to the Agreement and wise). The use of any such term or adjective shall not be 20 7 :Zecfi;'e to assign to ENGINEER an'.,' due;' or au:ho~:':' :o ;0.-:'.3. changes in :be Con:race ?r-/c-~ er ,,.ur'. ..... suFer','ise or direr.: :he fum..ishing er performance of t.'..e ',LI,2rk m'~ ~]Ch embed,,' the subs:anco o/' ar,.', ',,mien dez!s.c.-. er any duty or a'.:'thoN:,',' to undertake respons[~iii:y :e~',ra.'-'.. dereri k';' ENGINEER ;:.:rsua:'.t :e para~,ra??. 9. to :he provisions o£ paragraph 91:5 oD 9.16. pros ideal ;hat. in lieu of executing an%I__' Z C ~' C~ ~ - O *' .... : . Order. 3R ?..DDe3[ real be L_.,,en from an}' such decision 9.15. ENGINEER will not be responsibie for CON- ',vi:htheprovisionsofthcContractDocumentsandaFplica~;e TR.-~CTOR's means, methods, techniques, sequences or ~ro- Laws and Regulations. but during an.,,' such aTl:eai, CON- cedures of construction, or the safe:y precautions and pro- TR.-~CTOR shall carry on the Work and adhere to :he prcg- D'ams incident thereto, and ENGINEER will not be respon- ross schedule as provided in paragraph 6.29. sible for CONTRACTOR's failure to perform or furnish thc 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 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 requ~ed 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. TOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 10---CHANGES IN THE WORK ARTICLE 11~CI-IANGE OF CONTRACT PRICE 10.1. Without invalidating the Agreemem and without notice to any surety, OWNER may, at any time or from time to I1.1. Thc Contract Price constitutes the total compen- 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 TRACTOR 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- document. CONTRACTOR shall promptly proceed with the TRACTOR shall be at his expense without change in the Work involved which will be performed under the applicable Contract Price. conditions of the Contract Documents {except as othe~¥ise 11.2. The Contract Price may only be changed by a Change specifically providcdi. Order or by ." Written .Amendment. Any c~aim 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, it' any. of an increase or decrease in the Contract Price or an extension or shortening of the Contract parW and to ENGINEER promptly {but in no event later than Time that should be allowed as a result of a Work Directive thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice Change. a claim may be made therefor as provided in Anicte of the amount of the claim with supporting data shall be II or .Article I2. d~iivered 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 1:,y claimant's written statement that the amount ~'i~h respect to any Work performed that is not required by c!aimed covers all known amounts (direct, indirect and con- the Contract Documents as amended, modified and supple- sequential) to ~vhich 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. I 1 if OWNER and CONTRACTOR graph 13.9. cannot other,vise agree on the amount involved. No claim for an adjustment in thc Contract Price will be valid if not 10.4. OWNER and CONTRACTOR shall execute appro- submitted in accordance with this paragraph 11.2. palate Change Orders (or Written Amendments) covering: ! 1.3. The value of any Work covered by a Change Order 10.4.1. changes in the Work which are ordered bv or of any claim for an increase or decrease in the Contract OWNER pursuant to paragraph 10. I, are required because Price shall be determined in one of the following ways: of acceptance of de£ectR,~ Work under paragraph 13.13 or correcting d¢£~¢t/ve 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 i 1.9.1. through which are agreed to by the parties; and 11.9.3, inclusive). 21 ma'.,' include an nl;ow~r, ce ~'or ove:,~.ead and p:oAt no: as a.spiicnb;¢. neJessa,diy in azz,-rdance with parag:a~h I 1.6.2. ! ii.4.4. Cos:so~'specialcensui:an:s rciuJ nS- hutnci i ].3.3. On [he basis of' the Cost of :he Work (de:er- [im,:ed to e~S-me¢.'-s, arch]:¢z:s. :cs:,ng :.:beta:or:es. sur- mined as provided in paragraphs 11.4 and I 1.5) plus a ve:.-ors, attorneys and accoun:ants) ampio.','ed for services CONTRACTOR's Fee for overhead and profit (deter- s;,eci.ficali.s' related to the Work. mined as provided in paragraphs Il.6 and 11.7). 11.4.5. Supp!emental costs including the follo~ ink: I 1.4.5.!. The proportion of necessary transpo~,a- Cost of the Work: lion. trave! and subsistence expenses of CONTRAC- I 1.4. The term Cost of the Work means the sum of all TOR's emplo)'ees incurred in discharge of duties con- costs necessarily incurred and paid by CONTRACTOR in nected with the Work. the proper performance of the Work. Except as otherx¥ise may be agreed to in writing by OWNER. such costs shall be 11.4.5.2. Cost. including transportation and main- in amounts no higher than those prevailing in the locality of tenance, of all materials, supplies, equipment, machin- the Project. only following cry. appliances, office and temporary facilities at shall include the items and shall the not include any of the costs itemized in paragraph 11.5: site and hand tools not owned by the workers, which are consumed in the performance of the Work. and cost 1 !.4. I. 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 ofallconstruction equipment and employed tull time on the Work shall be apportioned on machiner,.' and the parts thereof whether rent,rd from the basis of their time spent on the Work. Payroll costs CONTIL-~CTOR or others in accordance w/th rental shall include, but not be limited to. salaries and 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 lea,. e. vucauon and hol- agreements. The rental of any such equipment, m~chin- iday pay applicable thereto. Such employees shall include es'>' or par~s qhall cease when the use thereoi"is no superintendents 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 11.4.5.4. 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. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work. including costs of trans- I 1.4..~..~. Deposits lost for causes other than portation and storage thereof, and Suppliers' field services gence or' CONTRACTOR. any Subcontractor or an': - required in connection therewith. All cash discounts shall one dire:fly or indirectly employed by an.,.' of them or accrue to CONTRACTOR unless OWNER deposits funds for ~ hose ac:s any of them may be liable, and royahy 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 expensesl, not compensated by insurance or otherwise. to OWNER, and CONTRACTOR shall make provisions to the Work orotherwise sustained by CONTRACTOR so that they may be obtained, in connection with the performance and furnishing 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 5.91. pro- If required by OWNER, CONTRACTOR shall obtain vialed 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 Costofthe Work. All subcontracts shall be subject TOR's Fee. If, however, any such loss or damage 22 rtqzires :ezo.."s:ruc:ion and CONTRACTOR !s ?:a~ez Cu.~ ~,~-tC; ..,.~. ~ Fee: [n charge ::~ereo.". CO. ,~A,~,OR s'.-a;, be,.;~ ....... .,. ,., ~ ..... T~.eC,-\,<TRz.ZT3R.~Fe~:..z..,ej:zCZ-NTR.~.C. se:','icts a .'-e~ ~ro~or:.onate :e :ha: s:a:~d ;n ~2ra_z:2~2~. TCR fer z'. e:.-.ead az.z ~re:~: -_,2~a2: ~ ce:erm..".e.: as :-zZc-.', facilit:es a: the site. !1.5.2' 11.-:1.5.8. Minor expenses such as t¢!¢grams, lon.a . . distance te!ephon¢ calls, te!ephone ser',ice at the site. ;'anous p,2,~:ons el :r.¢ Cos: o; the expressage and similar petty cash items in connection 11.6.2.!. far costs incurred under pa;-ag,'-aphs I !..:. with the Work. and 11.4.2. the CONTRACTOR's Fcc shall be 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 within 11.6.2.2. forcosts incurred under para2raph I I.a.3. the limits of the deductible amounts established by the CONTRACTOR's Fee shall be five percent: and ii' 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 1 i.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; !1.5.1. Payroll costs and other compensation ofCON- 11.6.2.3. no tee shall be payable on the basis of TRACTOR's officers, executives, principals (of panner- costs itemized under paraeraphs 11.4.4, 11.4.5 and I ship and sole proprietorships), general managers, engi- ' neers, architects, estimators, attorneys, auditors, accoun- ., . 11.6.-.-1. the amount of credit to be allowed by tams. purchasing and contracting agents, expeditors. CONTRACTOR to OWNER for any such change ~hich timekeepers, clerks and other personnel employed by results in net decrease in cost will be the amount of a CONTRACTOR whether at the site or in CONTRAC- the actual net decrease plus a deduction in CONTRAC- TOR's principal or a branch office for general administra- TOR's Fe¢ by aq amount equal to ten percent of the tion of the Work and not specifically included in the a~rced net decrease: and upon schedule of job classifications r¢£¢rred to in p:'ra- graph I 1.4.1 or specifically covered by paragraph I I.' ' 11.6.2.5. when both uddition~ ~,nd credits ,~;~ 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 o£ the net change in accordance with paragraphs 11.6.".1 11..~.2. Expenses o.r CONTRACTOR's principal and branch offices other than CO~TRACTOR's office at the thro,Jgh 11.6.2.4. inclusive. site. I 1.7. Whenever the cost of any Work is to be determined 11..':.3. AnypanofCONTRACTOR'scnpitale'(pcns¢,.'. pursuant to paragraph 11.4 or II.J. CONTRACTOR ,aii: inc!uding interest on CONTRACTOR'S capital employed submit in form acceptable to E.NGI.N EER an itemized cos: for the Work and charges against CONTRACTOR for breakdown together with supporting data. de!ir, quent payments. Cash 11 .$.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by 11.8. It is understood that CO~TRACTOR has inc[udcd the Contract Documents to purchase and maintain the in the Contract Price ali allowances so named in the Contrac: same (except for the cost of premiums covered by sub- Documents and shall cause the Work so covered to be done paragraph 11.4.5.9 above), by such Subcontractors or Suppliers and for such sums within the limit of the allowances as may be acccptab[e to ENGb I1.$.$. Costs due to the negligence of CO~TRAC- ,",lEER. CONTRACTOR agrees that: TOR. any Subcontractor, or anyone directly or indirectb' 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, includin~ but not limited to. the correction TRACTOR (less any applicable trade discounts) of mate- of de. receive Work, disposal of materials or equipment rials and equipment required by the allowances to be deUv- wrongly supplied and making good any damage to prop- ered at the site, and all applicable taxes; and er~y. ll.8.2. CONTRACTOR's costs for unloading and 11.~.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 ['or the allowances expressly paragraph 11.4. have been included in the Contract Price and not in the included in 2~ amounts duc CONTRACTOR on account of Work co~:r~c ~v a::owances, and thc Contract Price sha]~ be co~s;cnd- :2.2. The Con:ra:: T.me ~:], ~¢ ex:ezded :z an ~moun: [n~:','_. adjusted. ¢-ua[~ ~o time Jag: due '-,, c¢]a','s, ~e:.ond :re con:re: :~ CON- TRACTOR if a claim is made therefor as pro~idcd in F:r~- ~::ph 12. l. Such de[ays sh~il mciudc, bu: not bc limited to. Unit P~ce Work: ac~s or naglect by OWNE~ ~r others pa~ocming additional 11.9.1. Where the Contract Documents provid~ that work as con[cmpia[ed by A~ic~e- orto~res, floods, tabor all or pan of the Work is to be Unit Pric~ Work, initially disputes, epidemics, abnormal wen=her ccndkiens er ac~s of the Contract Price will be deemed to include for ail Unit God. Price Work an amount equal to thc sum of thc established unit prices for each separately identified item of Unit Price 12.3. All time limits stated in the Contract Documents Work times thc estimated quamity of each item as i.di- are of thc essence of the Agreement. Thc provisions of this cared in the Agreement. The estimated quantities of items Article 12 shall not exclude recovery for damages (including of Unit Price Work arc not guaranteed and are solely for but not limited to fees and charges of engineers, architects. the pu~ose of comparison of Bids and determining an attorneys and other professionals and court and arbitration initial Contract Price. Determinations of the actual quart- costs) for delay by either party. titles and classifications of Unit Price Work performed by CONTRA~OR will be made by ENGINEER in accor- dance with Paragraph 9.10. 11.9.2. Each unit price will be deemed to include an .ARTICLE I~WARRANTY AND GUARANTEE: amount considered by CONTRACTOR to be adequate to TESTS AND INSPECTIONS: cover CONTRACTOR's overhead and profit for each stp- CORRECTION, REMOVAL OR aratcly identified item. ACCEPTANCE OF DEFECTIVE WORK I 1.9.3. Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs matefiaH} Warrano' and Guara,tee: and significantly from the estimated quantity oFsuch ~tem 13.1. CONTRACTOR ~arrants and guarantees to indicated in the Agreement and there is no co~esponding OWNER and ENGINEER that all Work will be in accor- adjustment with respect to any other item of Work and if dance with thc Contract Documents and will not be defective. CONTRACTOR believes that CONTRACTOR has Prompt notice of all defects shall be given to CONTRAC- incamed 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 I if the parties are unable to agree as to the amount of any such increase. Access to Work: 13.2. ENGINEER and ENGINEER's representatives. ARTICLE 12~CHANGE OF CONTRACT TIME other representatives of OWNER, testing agencies and gov- ernmental agencies with jurisdictional interests will have access to the Work at reasonable times for their obse~ation, inspecting 12.1. ~e 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 thc Contract Time shall be based on written notice delivered by the party making the claim to the other and to ENGINEER promptly (but in no event later than Tests and lnspec~ons: party thirty days) after the occu~cnce of thc event giving rise to 13.3. CONT~&~ORshallgiveENGINEERtimelynotice :he claim and stating thc general nature of the claim. Notice o[ readiness o[ the Work [or all required inspections, tests or of the extent of the claim with supporting data shall be deity- 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 o[ any public body having accurate data in support of the claim) and shall be accom- jurisdiction require any Work (or part thcreo~ to specifically ranted by the claimant's written statement that the adjust- be inspected, tested or approved, CONTRACTOR shall merit claimed is the entire adjustment to which the claimant assume full responsibility therefor, pay all costs in connection has reason to believc it is entitled as a result oftheoccu~ence therewith and furnish ENGINEER the required certificates of said event. Ail claims for adjustment in the Contract Time of inspection, testing or approval. CONTRACTOR shall also 24 be responsible for and shall pay all costs in connection v, ith :hereef, CONTRACTOR ma.'.' .m.r~k-~ a c::~i.-n, therefor as pre- any inspection or testing required in connection '.vith OWN- '.ided in Articles 11 and 12. ER's or ENGINEER's acceptance of a Supplier of .mate.,-ia!s or equipment proposed to be inco~orated in :he Work. or ef O~'r. er .",la)' S-top th,~ Work: materials or equipment submitted for approval p~or .:o CON- 13.10. If the Work is defec:i:'e, or CONTRACTOR fa.ts TRACTOR's purchase thereoffor incorporation in the Work. to supply su~cient 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 stop 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 or' 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 O~,~ ER to exercise this right for the benefit of CONTRACTOR or jurisdiction shall be performed by organizations acceptable 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. I 1. If required by ENGINEER, CONTRACTOR shall concurrence of ENGINEER, it must, if requested by ENGI- promptly, as directed, either correct all defective Work, N EER, 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 ali 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. tions, tests or approvals by others shall relieve CONTRAC- TOR from CONTRACTOR's obligations to perform the Work in accordance with the Contract Documents. One Year Correction Period: 13.12. If within one year after the date of Substantial Completion or such longer period of time as may be pre- scribed by Laws .or Regulations or by the terms of any appli- Uncovering )York: cable special guarantee required by the Contract Documents 13.8. If any Work is covered contrary, to the written request or by any specific provision of the Contract Documents. any 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 ENGINEER considers it necessary or advisable and replace it with nondefec~ive 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 request, shall uncover, expose or otherw'ise make availabie 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 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 !!. 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 tests a:tb~utable :o OWNER's eva:ua:ion cf and de:er.~.i- .-.,~, :t.__' ..... ' = :-:--.=AY.',:ENTS TC, ,._,.,,-'~',;-'~ ..... -.' C~'-'g: ...... ~' .... ~"'~ C. OMPLETION na:;on to accep; such defec:A'e Work (such costs :o ~e .,......r,..., by ENGINEER as to reasonableness and -:o }nc:ode L'u: ~'e ii..'a.i'.ed :o re.~s ar.d charges of engineers, archi:otis, a::or- Schedu.'e of l'c!=es: ac.'. s and other professionals). Ir an:.' sacs acr. eptance oc:.~rs .:Nor to ENGINEER's recommendation of final pa.,.'men:, a 1.~. i. The s:;".eduie of ,.ai:.:es e,.:.--~'iishea as rro~ ide5 Change Order u,'ill be issued incorporating the necessar': re,,}- paragraph se?.e progress ;a.,.'men~s __..9 as basis for s~ons in the Contract Documents v,-ith respect to the Work: and ~ii: be inco~orated into a form of Appi~catton for and OWNER shall be entitled to an appropriate decrease in meat acceptable to ENGINEER. Progress payments accoun£ oz' L'nit Price Work v, ili be based on the number c':' · '.he Contract Price. and. if the parties are unable to agree as to {'he amount thereof. OWNER ma.,,' 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 .4pplicationforProgressPaym~nt: CONTRACTOR to OWNER. 14.2. At least twenty days before ~'ach progress payment is scheduled ebut not more often than once a month). CON- TRACTOR shall submit to ENGINEER for review an Appli- OWNER ,)lay Correct Defective }York: cation for Payment filled out and signed by CONTRACTOR 13.14. If CONTRACTOR fails within a reasonable time covering the Work completed as of the date of the Application after written notice of ENGINEER to proceed to correct and and accompanied by such supporxing documentation as is to correct defective Work or to remove and replace rejected required by the Contract Documents. If payment 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 another location agreed to in writing, the Application for in accordance with the Contract Documents, or if CON- Payment shall also be accompanied by a bill of sale. invoice TRACTOR fails to comply with any other provision of the or other documentation warranting that OWNER has received Contract Documents. OWNER may, after seven days' writ- the materials and equipment free and clear broil liens, charges. ten notice to CONTRACTOR. correct and remedy any such security interests and encumbrances (which are hereinafter deficiency. In exercising the rights and remedies under this in these General Conditions referred to as "Liens") and paraeraph OWNER shall proceed expeditiouslv. To the extent - · evidence that ~he materials and equipment are covered by necessa~'tocompletecorrec~iveandremedialaction. OWNER appropriate property insurance and other arrangements to mayexcludeCONTRACTORfromullorpartofthesite, take protect OWNER's intere,~t therein, all of t~hich will be sat- possession of all or part of the Work. and suspend CON- isfactory to OWNER. The amount of retainage ~¥ith respect TRACTOR's services related thereto, take possession of to progress paymenis .will be as stipulated in the Agreement. 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 CONT&4CTOR's Warranty of Title: has paid CONTRACTOR but which are stored elsewhere. 14..3. CONTRACTOR warrants and guarantees that title CONTRACTOR shall allow OWNER. OWNER's represen- to all Work. materials and equipment covered by any Appli- tat}yes, aoents and employees such access to the site as ma,,' - ' cation for Payment. whether incorporated in the Project or be necessary to enable OWNER to exercise the rights and 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 Re~iew of Applicalfonsfor 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 writing 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 caring in writing ENGINEER's reasons for refusing to roe- provided in Article 11. Such direct, indirect and consequen- ommend payment. In the latter case, CONTRACTOR may rial costs will include but not be limited to fees and charges make the necessary corrections and resubmit the Applica- of engineers, architects, attorneys and other professionals, tion. Ten days after presentation of the Application for Pay- all court and arbitration costs and all costs of repair and meat with ENGINEER's recommendation, the amount rec- replacement of work of others destroyed or damaged by ommended will {subject to the provisions of the last sentence correction, removal or replacement of CONTRACTOR's 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 tothe exercise by OWNER 14.5. ENGINEER's recommendation of any payment of OWNER's rights and remedies hereunde'r, requested in an Application for Payment will constitute a 26 F F I .XEER's on-s::-, o:',--'.'~';,'~'~ o." :'.':.e sk'--k i.-. :'rt,-tess as :.-t '."',\ .NER .7'_'< :.,.* CC.NTR.~.C'T£:R !.-.:-~ez.a:,~ ',~r'.aez r.:: exzer:e:':~"d and c,a~;~ed de~zn profession-"~ ~.,4 on ENO:- .'.~ i::':, a ce,--.,- :o E'<G~X,''zc~' ~'~' -: :~.~ :.-asons ."or .",EER,'s r,~'.ie-.,.- cf :'.".e .:,.:p',:--~'.:.:.~ r,, Pz:.m,¢.-.: :.-.~ :~.: " .~. _c-~.m.?_n'::ng da:: :nd sch¢.iu;es :h::~ :rme '~vc::< k,:s grossed to the point indicated: t"-~'...,, to o-o..,, best cz' -'<~'.". u~- NEER's know, ledge, information and tee:icl, t.-.¢ quality of F :he \York is in accordance with the Con:race Documents :4.$. ',rhea CONTRACTORcons:,:¢:s the entire (subject ',o an evaluation of the Work as a func:ioning ~hoie read>>>' for i',s intended use CONTRACTOR shall not,..,'y · prior to or upon Substantial Completion. to the results o~'any OWNER and ENGINEER in writing that the entire \Vork is subsequent tests called for in the Contract Documents. to a substantially complete (except for items specifically listed by F 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 CONTRAC- a reasonable time thereafter. OWNER. CONTRACTOR and TOR is entitled to payment of the amount recommended. ENGINEER shall make an inspe~tibn of the Work to deter- r". However. by recommending any such payment ENGINEER mine the status of completion. If ENGINEER does not con- ~ will not thereby be deemed to have represented that exhaus- sider the Work substantially complete. ENGINEER will notilr.,,' tire or continuous on-site inspections have been made to CONTRACTOR in writing giving the reasons therefor. If I'" 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 F TOR to be paid additionally by OWNER or OWNER to certificate a tentative list of items to be completed or cot- , withhold payment to CONTRACTOR. rected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make F 14.6. ENGINEER's recommendation of final payment written objection to ENGINEER as to any provisions of the will constitute an additional representation by ENGINEER certificate or attached list. If. after considering such objec- , to OWNER that the conditions precedent to CONTRAC- tions. ENGINEER concludes that the Work is not substan- TOR's being entitled to final paymentas set forthin paragraph tially complete. ENGINEER will within fourteen days after F 14.13 have been fulfilled, submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If. I-:.?. ENGINEER ma}- refuse to recommend the ~Sole after con,;ideration of OWNER's objections. ENGINEER or any part of any payment if. in ENGINEER's opinion, it considers the Work. substantially complete. ENGINEER r' would be incorrect to make such representations to OWNER. within said fourteen' days execute and deliver to OWNER [ ENGINEER may also refuse io recommend an>' such pay- and CONTRACTOR a definitive certificate of Substantial ment. or, because of subsequently discovered evidence or Completion twith a revised tentative list of items to be com- F the results of subsequent inspections or tests, nullify an>' 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 de!iver':' loss because: of the tentative certificate of Substantial Completion ENGI- F N E ER will deliver to OWN ER and CONTRACTOR a ~ ritten 14.7.1. the Work is defectA'e, or completed Work has recommendation as to division of responsibilities pending been damaged requiring correction or replacement, final payment bet~,'een OWNER and CONTRACTOR respect to security, operation, safety, maintenance, heat. F 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 otherwise in writing and so inform ENGINEER prior to ENGINEER's issuing the definitive l-t.?.3. OWNER has been required to correct defec- certificate of Substantial Completion, ENGINEER's afore- tire Work or complete Work in accordance with paraeraph said recommendation will be binding on OWNER and CON- ! 13.14, or - TRACTOR until final payment. F 14.7.4. of ENGINEER's actual knowledge of the 14.9. OW'NER shall have the fight to exclude CON- occurrence of any of the events enumerated in paragraphs TRACTOR from the Work after the date of Substantial Com- 15.2. I through 15.2.9 inclusive, pletion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. F OWNER may refuse to make payment of the full amount recommended by ENGINEER because claims have been made against OWNER on account of CONTRACTOR's per- Partial Utili~rion: formance or furnishing of the Work or Liens have been filed 14.10. Use by OWNER of any finished of the Work, part , in connection with the Work or there are other items entitling which has specifically been identified in the Contract Docu- 2'/ I me,.ts, er '.~'hich OWNER. E\'Gi',:EER and CCNT~C- ".:.~..~. ~:.' ......... ,' c.: .~:....--:a:: o;e.'a:,.:': ,:f ~'-~ . ccr. st!:u:es a s~.."ara:e[:-' :'u ,'. ¢ '. : c .-:. ! ,-. _a and '.'ses'.-i.~ cf:i-.e '.vc.-k '.~ ... .'7.~?, saree ;e '.¢co.--..7..s.-.ec ?;:,.'.-',c c'~,"..: ce .-a~ of the Work '"'a' can be s~ed 5.'.' OWNE~ '.~ ?..-.cue ,':- ':'- -ecs're.-...~-:c -" ......... ~ '~ '- --t-e-- -'- .... e,'-'." :.ilcan: in:e~e:ence :~::h CONTR-~CTOR', .... ,.-.-..":',rinse'.cc,. ~E .-'.se. rs:eec. ........... , - - .r - · r".":C." 12 ~-' $:bstantial Com.:let:on of al'. the Work sub:et[ :,; '.ke ."c::c'.~ - ' FY. cf Ins?et:ion: ;z., i. U;on 'a,-."i:ten not:ce ,. o,.. C~...'~A,,..T,...N ...a. '' 10.1. OWNER at any time may reques[ CON- . · " - - .-r.~ire Wo:k o: an ag?ed ~o.~ion thereof ~s com~,e:e. ENGI- TRACTOR in writing to permit OWNER to use any suck NEER '.,,'ill make a final inspection v.-i~h OWNER and CON- ..: par~ of the Work which OWNER believes to be ready, for TR.ACTOR ane.' ',~-'":l, no:Jr':' CONTRACTOR in writing of its intended use and substantially complete, if CON- ;ar:iculars in which .'.his inspection reveals thai the Work is TR.ACTOR agrees, CONTRA, CTORwilIceaLfytoOVv,','NER incomplete or defective. CONTRACTOR shall immediatel.v and ENGINEER that part, lake such measures as are necessary to remedy such deb,- said of the Work is substantialJy complete and request ENGINEER to issue a certificate of ciencies. Substantial Completion for that pan of the Work. CON- ~"- TRACTOR at any time may notify OWNER and ENGI- J NEER in writing that CONTRACTOR considers any such Final Apptication for Payment: t part of the Work ready for its intended use and substan- tially complete and request ENGINEER to issue a certif- 14.12. After CONTRACTOR has completed all such cor- ? icate of Substantial Completion for that part of the Work. rections to the satisfaction of ENGINEER and delivered all : Withinareasonabletimeaftereithersuch request, 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- ..,r" 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. IfENGINEERconsiders that part of the mav make application for final payment followin~ the pro- ~ Work to be substantially complete, the provisions of para- cedure for pro.re'ess payments. The final Application for Pay- graphs 14.8 and 14.9 will apply with respect to certification men: shall be accompanied by all documentation called for of Substantial Completion of:hat part of the Work and the in the Contract Documents. together ~vith complete and legally division of responsibility in respect thereof and access effective releases or waivers (satisfactory to OWNER) of ali thereto. Liens arising out of or filed in connection with 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 of CON- 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- ocher indebtedness connected with the Work for ,.,r-, after OWNER. CONTRACTOR and ENGINEER shall OWNERorOV,'NER'spropertvmi,,htinanv~vavberespon- ~ make an inspection of that part of the Work to determine sifle, have been paid or otherwise satisfied: and consent its status of completion and will prepare a list of the items :?.e surety, if any. to final payment. If any Subcontractor or ? remaining to be completed or corrected thereon before $:?p[ier 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- ina to OWNER and ENGINEER that such pan of the tory to OWNER to indemnify OWNER against 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 FinaiPayment 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 pan 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 other obligations i TRACTOR at the time when OWNER takes over such under thc Contract Documents have been fulfilled. ENGl- operation (unless they shall have otherwise agreed in writ- NEER will, within ten days after receipt of the final Appli- e- lng and so informed ENGINEER). During such operation ca:ion for Payment, indicate in writing ENGINEER's rec- ~ and prior to Substantial Completion of such part of the ommendation of payment and present thc 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 Otherwise, ENGINEER wiIl 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 Appii- 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 ,,~,rit- 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 will be paid by OW'N ER to CONTRACTOR. ARTICLE 15---SUSPENSION OF WORK AND TERMINATION 14.14. If, through no fault of CONTRACTOR, final eom- pletion of the Work is significantly delayed and if ENGI- Owner May Suspend Work: NEER so confirms, OWNER shall, upon receipt of CON- 15.1. OW'NER may, at any tim. e and without cause, sus- TR.ACTOR's final Application for Payment and recommen- pend the Work or any portion thereof for a period of not more dation of ENGINEER, and without terminating the Agree- than ninety days by notice in writing to CONTRACTOR and meat, 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, meat, 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 i I 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 occurTence of any one or more of the waiver of claims, following events: 15.2.1. ifCONTR.-XCTOR commences a voluntary case Contractor's Continuing Obligation: under any chapter of the Bankruptcy Code (Title I 1. 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 otherwise 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. CONTRACTOR under any other federal or state law in nor any correction of defectire 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 obit- 15.2.3. if CONTRACTOR makes a general assignment cation to perform the Work in accordance with the Contract for the benefit of creditors; Documents (except as provided in paragraph 14.16). 15.2.4. if a trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable law or under Waiver of Cl~in~: 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. i I 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- i$.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 (incluJing, bu: net iimi;ed :o, fi4:.ure to su;,.'eiy suF~c:.-n: ~ ~ . ~ i ',".'here CO%TRACTOR's ser',~ces h:',¢ ~cen se ..... ~.~=.~sss...e~.~e~s,.:,;s,,e:u=ce- ~gh:sorreme~esofO',:,'NERa:a:ns~O.~ N paragraph 2.9 as revised from time to time~' exis:in~ or '.~hich ma':, :here=~:er ~::r'~¢. Anv :.e:er.:i,e~ er ..."~'.~e=: .... of moneys due CONTRACTOR ~> ObtNER 15.2.7. iF CONTRACTOR disregards La~vs or Regu- r.o~re~easeCONTRACTORFrem lations of any public body havingjurisdic:ion: ' 15.4. Upon seven days' ~ri[:en notice to CONTRAC- 15.2.8. if CONTRACTOR disregards the authority ef TOR and ENGINEER, OWNER may, without cause and ENGINEER: or ~t'i~hout prejudice [o any other ~ght or remedy, e~ec[ 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 any substantial way any provisions of the Contract Docu- expense sustained plus reasonable te~ina[ion expenses, which meats: will include, but not be limited ~o, direct, indirect and con- sequential costs (including. but not limited to. fees and ch~es OWNER may, after giving CONTRACTOR (and thc surety, of engineers, architects, attorneys and other professionals if there be one) seven days' written notice and to the e'x[ent and court and arbitration costs). permitted by Laws and Regulations. terminate the so.ices of CONTRACTOR, exclude CONTRACTOR- from the site and take possession of the Work and of ail CONTRA~OR's Contractor May Stop Work 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 lo the full extent they could be ~sed Work is suspended for a period of more than ninety days by by CONTRACTOR (without liability lo CON'TRACTOR for OWNER or under an order ofcoum or other public authohty. 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 within thimy days after it is submitted, or OWNER fails for paid CONTRACTOR but which are stored elsewhere, and thirty days to pay CONTRACTOR any sum finally deter- finish thc Work as OWNER may deem expedient. In such ,nined to be due, then CONTRACTOR may. upon seven case CONTRACTOR shall not be entitled to receive any days' written notice to OWNER and ENGINEER. ~erminate further payment until the Work is finished. If the unpai~ 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 the Work (including but termination expenses. In addition and in lieu of terminating not limited to fees and charges of engineers, architects, attor- the Agreement. if ENGINEER has Failed to ac~ on an April- heys and other professional~ and court and arbitration costil ca:ion for Payment or OWNER has failed to make an':' pa}- such excess will be paid to CONTRACTOR. If such costs meat as aforesaid. CONTRACTOR may upon seven days' exceed such unpaid balance. CONTRACTOR shall pay the w~tten notice to OWNER and ENGINEER stop the Work difference to OWNER. Such costs incurred by OWNER will until payment ofall amounts then due. The provisions of this be approved as to reasonableness by ENGINEER and incor- paragraph shall not relieve CONTRACTOR ortho obligations porated in a Change Order, but when exercising any rights under paragraph 6.29 to carry on the Work in accordance or remedies under this paragraph OWNER shall not be required xt kh the progress schedule and without delay during disputes to obtain the lowest price for the Work pedormed, and disagreements with OWNER. [The remainder of this page was left blank intentionally.] 30 g' ARTICLE ~6---A~B~A~IO. ~:~ '~: .... :~ ~ E.~GI.~EERfor -; ..... ;~ T~d~mandforar~:rat~on,,~ ~- mad~ s~i',hin th~ ~hirtv-dav or t~n-da',' :~r~ed 16.1. A',ic',aims. dispu[esand other ma::ers in question ....... b~:'.ve~n O~V%ER and CONTRACTOR aris[n~ cut cL er Far=srap.h ~6.2 as a~F'.icab;~, anJ in a'.': other =ases r~iafin8 to ~he Corn fac: Docum~ nts or the br~ach: h.e r~ of r~asona~i~question has[im~=nsen.af:erand~heinC :.aim.no ~ventd~s=U~shm!°ranyO;h~rsuch (~xcept for claims s~ hich have ~e:n ~aised by ~h~ makin8 or acceptance of final payment as provided by paragraph 14.16l b~ made after ~he date s~h~n insfituuon cf leSat or will be decided by arbitration in accordance with the Con- ~roceedinss based on such claim, dispute or other mauer ~n st~ction Industry Arbitr~[io~ ~ules o¢ ~he American Arbi- question s~ouid be baaed by ~he appiicabl~ statute of limi- trafioa Association th~n obtainia~ subject to the limitations rations. of this Article 16. This a[r~emea~ so to arbitrate and any other air~em~n[ or 6oasent to arbitrate entered into in accor- 16.4. No arbitration arisin8 out or or r~ta[ia~ [o the Con- dance h~r~with as provided in this Article 16 will be sp~cifi- tract Documents shall include by consolidation, joinder or callyeaforceableu~d~r~heprevaili~ilawofa~ycourthavin~ any other manner any other per,so~ or entity (includia~ jurisdiction. ENGINEER. ENGtNEEWs a!ems; employees or consul- ~ams) who is not a party to this contract unless: 16.2. No demand for arbi[rafio~ ofa~y claim, dispm~ or other mat~er that is required to b~ r~fe~d [o ENG1NEE~ 16.4.1. th~ inclusion of such other p~rsoa or ~a[it)' is i~ifially for d~cisio~ i~ accordance with par~traph 9. I 1 will ~c~ss~ry ~compl~[~ r~lief is ~o be afforded amo~8 be made ~mil th~ ~arli~r of(a) [h~ dat~ o~ which ENGINEEI who are already parties to the arbi~gdom has r~d~r~d a d~cisioa or (b) th~ ~mh day after [h~ panics haw presumed their ~vid~ac~ to ENGINEE~ if a wriuen decision has not been rendered by ENGINEER before ~ha[ 16.4.2. such o~her person or entity is substantially da~e. No demand for arbitration of such claim, dispute involved in a question of law or fact which is common to any or other matler will be made later than thi~y days after ~he those who are already panics to the arbitration and which da~e on which ENGINEER has rendered a written decision will arise in such proceedings, and 'in respect thereof in accordance with paragraph 9. I I: and failure to demand arbitration within said ~hirty 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 may be entered as evidence but ~ ill no~ supersed~ such conse:: shall constitute consent :o arbitration of ~he arbitration proceedings, excep~ where lhe decision is dispute not specifigally described in such consen~ or ~o acceptable to the parties concerned. No demand for arbitra- arbitration wi~h any party not specifically identified in such tion of any written decision of ENGINEER rendered in consent. ~c:ordance with paragraph 9.10 will be made later than days after the party making such demand has delivered wfi~- ten notice of intention to appeal as provided in paragraph 16.~. The award rendered by the arbitrators will be final. 9.10. judgment may be entered upon it in any court having ju~s- diction thereof, and will not be subject to modification or 16.3. Notice of the demand for arbitration will be filed in appeal excep~ to the extent permitted by Sections 10 and 11 writing with the other party to the Agreement and wi~h the of the Federal Arbitration Act (9 U.S.C. ~ 10.111. [The remainder of this page was left blank intentionally.] 31 F F_ F F. F. F. F F. F F ARTICLE 17--.MISCELLANEOUS ,~an or a:: e: :~.e et'.".¢r ~a~'., er e: ,-v e'.' employees or a.~en',s er c',h-~rs ,,'er ,,~ ?.ese ac:s Giving Notice: is egallv liable, claim ~ilt be made {r. ~2.'-,y ,xit~.in a reasonable time of t~'.e firs; o~ser,'ance o'.' s'zc~'. ]7.1. W,'-.enever an.',' provision 0~' t,",e Cor,:rac: Dccu- . . ' meats requires :he 2ivin~ of~,,~tten notice, it ~¥i'.1 ~e deeme~ :n:uD. or darn:,ge. T.'-,e provisions oftY'.is ;'araerazz 17.3 s:.2~ ~ - r. ct ~c cor, s:rJed as a substitute for er a ~aiver cf to have been validly given if delivered in person to the vJdual or to a member of the firm or to an officer of the visions et' any' applicable statute or' l[mit:~tions or r¢~'cse. corporation ['or whom it is intended, or i£ delivered at or sent by registered or certified mail. postage prepaid, to the last 1'7.4. The duties and obligations im~'osed by these Ger'.- 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 v,'ithout Computation o/Time: [imitation, thc warranties, guarantees and obligations imposed 17.2.1. When any period of time is referred to in the upon CONTIL-~CTOR by paragraphs 6.30.13.1, 13.12.13.14. Contract Documents by days, it will be computed to exclude 14.3 and 15.2 and all of the rights and remedies availabte 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 a limitation 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 ' special warranty or guarantee or by other provisions of the tion. Contract Documents, and the provisions of this para~aph 1'/.2.2. ^ 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. All 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 corn- or damage to person or property because of any error, orals- pletion of the Agreement. 33 - Standard - Specifications For Public Works - Construction North Central Texas 1991 AMENDMENTS _ to Second Edition 1987, as Amended by 1988, 1989 and 1990 Amendment Packets (Also, updates First Edition 1983, _ as amended by 1990, 1989, 1988, 1987, 1986, 1985 and 1984 Amendment Packets) ADOPTED OCTOBER 17, 1991 North Central Texas Council of Governments P.O. Drawer COG Arlington,. Texas 76005-5888 (817) 640-3300 : 01987 Norl~ CInll~ Tl~l Coundi ol, Gowmmenls 420 ITEM 7.8.4. At the ends of members, the tendon ends and a minimum area - om around each tendon shall be coated with a 10 coating of a commercial grade of epoxy. draped tendons are used, positive external hold may to offset the vertical forces in the beam at the stress (d) Pre-tensioning and Post-Tensioning. plans call for a of pre-tensioning and all of the re- quirements of the pre-tensioning and shall apply, -- in this order, and requirements shall overlap to fulfill the intent of this 7.8.4. PAYMENT: -- (a) Measurement. shall the following: (1) all precast pretensioned, post-ten- sioned, or combined shall be measured and paid for as specified in Item 7.7.8., Concrete Structures." (2) cast-in-place prestressed structures and units shall be measured as follows: (A) concrete, steel and structural __ steel (except bearing and integrally a part of the post-tensioning system) the cubic yard (M~) or by the pound (Kg.) in with the specifications for these items. Grout and shall not be measured but shall be to this (B) the steel required and in the prestressing of structures or not be mea- sured, but shall as one unit for each differ- _ ent as itemized on the plans the proposal. (b) Payment for the work and all of 4 members as specified above shall be made lump- sum for "prestressing." -- payment shall be full compensation all steel, all materials, fabrication, transportation, and for furnishing all metal encasing ducts, grout ~, bearing plates and all tools, labor and incidentals -- complete the work. ITEM 7.9. PNEUMATICALLY PLACED CONCRETE -- (GUNITE) 7.9.1. DESCRIPTION: Pneumatically placed concrete shall consist of premixed sand and portland cement pneumatically transported through -- a pipe or hose in a dry state to a nozzle here hydration takes place immediately prior to expulsion. 7.9.2. MA?ERIAL$: The concrete shall conform to the requirements --~ ITEU 7,G,4. 4~'1 of Item 7.4., "Concrete for Structures." Bar reinforcement and wire fabric reinforcement shall conform to the requirements of Item 2.2.6., .... Steel Reinforcement." Expansion joints shall conform to the requirements of Item 2.2.9., "Joint Filier." _ Steel drive pins or studs used for the attachment of reinforcing when covering designed portions of concrete structures with pneumatically placed concrete shall be capable to being driven to the specified depth without deforming or otherwise becoming uns~.'table for the purpose intended. The pins shall have a minimum diameter of 1/8 inch (3.2mm) -' and a minimum length of two inches (5cm). Size and location of drive pins or studs and method of attachment of reinforcing shall be as speci- fied herein or as detailed on the plans. __ The equipment used for driving the pins or studs shall be of the type which uses an explosive for the driving force; and shall be capable of inserting the stud or pin to the required depth without damage to the concrete. The oW~rR may require that a test be made of the equipment _._ prior to approving it for use. 7.9.3. EQUIPMEgI': The gun mechanism should be operated at a mini- mum air pressure of 45 psi (3.3Kg/cm2) on the gun tank when 100 feet (30M) or less of material hose is used and the pressure should be in- -- creased five pounds (.36Kg/cm2) for each additional 50 feet (1SM) of hose required. Nozzles used for guniting shall have a maximum size of 1-5/8 inches (4.1cm) unless otherwise permitted by the OWSER. Water used for hydration shall be maintained at a uniform pressure, which shall be -- at least 15 psi (101 Kg/cmz) above air pressure at the gun. 7.9.4. PI~OPOffrlON$ ~4D MIXING: Unless otherwise specified, the concrete shall consist of a mixture of cement and sand in the proportions __ by volume of one part of cement to 4-1/2 parts of sand. --- The sand shall contain not less than three nor more than six percent of moisture by weight. The sand and cement shall be mixed thoroughly in a power mixer for at least 1-1/2 minutes before placement in the chamber of the gun mechanism. The dry mixed material shall be used promptly after mixing. Any material that has been mixed for more than 45 minutes shall be rejected and removed from the worksite. The mixer shall be cleaned at reg~]]nr intervals to remove all adher- __ ent material from the mixing vanes and from the drum. At the beginning of work the OW~.R may require that cylinders be made to represent the quality of the pneumatically placed concrete. Additional cylinders shall be made during performance of the work as -- directed by the OV~ZR. If in the opinion of the ov~.a, the cylinder strengths are indicating undesirable variation in the concrete, the coN- TRACTOR may be required to change the mix design and/or method placing so as to correct this condition. The co~rraAc'rOR shall furnish specially constructed cylinders six inches (15cra) in diameter and 12 inches (30cra) high, made of 3/4-inch (19mm) square mesh hardware cloth. Test cylinders for pneumatically placed concrete shall be shot with the same air pressure and nozzle tip ~-- as the pneumatically placed concrete. At the end of the first 24-hour curing period, the hardware cloth form shall be removed and the cylin- ders stored and cured as directed by the OWNER. The use of approved admixtures conforming to the requirements of -- Item 7.4. shall be permitted at the option of the Co~rrR*CTOR. 1.9.5. CONSTI~UCTION ML=THOD$: (a) Placement. Earth surfaces to which concrete is to be applied shall -- be neatly trimmed to line and grade; and shall be free of all loose mate- rial. The surface need not be compacted by slope rolling or other mea- sure unless required by the plans or special provisions. No high subgrade shall be permitted. Excavation made below sub- -- grade shall be backfilled with compacted fill or, at the CONTRACTOR'S option, with concrete. However, no additional compensation shall be allowed for such compacted fill nor for increased thickness of concrete placed because of low subgrade. Asphaltic concrete surfaces shall be thoroughly cleaned of any or- garde material, silt and clay, or any other material detrimental to the concrete and then washed with water under pressure. Masonry, rock - and concrete surfaces shall be examined and all loose material removed -- therefrom. The surface shall be thoroughly cleaned with steel scrapers or brushes to remove all dust, dirt, mortar, grease or other deleterious substances and then washed with water. Whenever brushing and scrap- -- ing do not secure suitable results, sandblasting may be required. All surfaces shall be wetted with water before application of con- crete. Concrete shall not be applied to surfaces on which free water exists. _ The velocity of the material as it leaves the nozzle shall be main- tained uniformly at a rate determined for given job conditions. Material which rebounds and does not fall clear of the work, or which collects on the surfaces, shall be blown off or otherwise removed. Rebound shall __ not be used in any portion of the work, and no payment shall be made for rebound or other concrete losses. The nozzle shall be held at such distance and position that the stream of flowing material shall impinge at approximately fight angles _ to the surface being covered. Any portion of the placed concrete which tends to sag or which shows soft or sandy pockets, or is otherwise unsatisfactory, shall be cut out and replaced with new concrete. Rein- forcement damaged or destroyed by such repairs shall be replaced by _ trimming the concrete back and properly lapping and tying additional steel as may be required by the OWNER. Reinforcement shall be firmly supported in the position shown on the plans. Mortar blocks, metal chairs, clips or spacers with wire ties or -- other acceptable means shall be used to anchor and place the reinforce- ment properly. Where material is placed on overhead surfaces, the amount of water used shall be so adjusted that approximately 3/4 of an inch ITEM ?.~.~ 42~ (19nun) of the placed material shall adhere without support. The limit of thickness shall be considered to have been exceeded when the material begins to sag or slough. (b) Forms and Ground Wires. The forms shall be built in accordance with applicable provisions of the specifications, except all forms shall be built so as to permit the escape of air and rebound. Ground wires shall be installed in such a manner that they accu- rately outline the finished surfaces as indicated on the plans. They shall be located at intervals sufficient to insure proper thickness throughout. Wire shall be stretched tight and shall not be removed prior to appli- cation of the finish coat. Headers shall be required where the plans indicate a formed edge and at plane joints. (c) Joints. Construction joints shall be sloped off at an angle of ap- proximately 45 degrees to the surface to which the concrete is being applied. Before applying concrete in the adjacent sections, the sloped portion shall be thoroughly cleaned and wetted by means of air and water blast. The plane joints shall be formed in accordance with and placed in the locations designated on the plans. (d) Finish. Upon reaching the thickness and shape outlined by forms and ground wire, the surface shall be rodded off to true lines. Any low spots or depressions shall be brought up to proper grade by placing additional concrete. Ground wires shall then be removed. 'Unless other- wise specified, the surface shall then be. broom finished to secure a uniform surface texture. Redding and working with a wood float shall be held to a minimum. Rebound or accumulated loose sand shall be thoroughly cleaned up and disposed of by the come, c-ma. In no case shall they be floated into the surface of the work. When a nozzle finish is specified on the plans, ground wires shall not be used, and the surface shall be let~ as uniform as possible without rodding. Nozzle finish shall not be permitted where the underlay has been floated. Concrete shall not be applied to a surface .containing frost or ice. Where standing or running water is encountered, it shall be removed before applying the concrete. No work shall be done without the per- mission of the OW~V.R when the temperature is lower than 40 degrees Fahrenheit (4.4°C). After placing, the concrete shall be protected from freezing or quick drying. (e) Curing. Pneumatically placed concrete shall be cured in accor- dance with Item 7.6., "Concrete Structures." (f) Workmen. Only experienced foremen, gunmen, nozzlemen and rodmen shall be employed; and satisfactory written evidence of such experience shall be furnished to the OWSER or his representative upon demand. See Section 4. Description of ?.9.6. MF.~$ORI~MI:NT AND PAYMI:NT: Measurement for pneumati- Pay Items, Page 49-50 of the Construction Specification for Measurement and Payment 424 ITEM 7.10. _ cally placed concrete shall be made by the square foot (M2) in place. For encasement of structural steel members and covering portions of struc- tures, the actual contact area shall be the basis for measurement. Pneumatically placed concrete, measured as provided in this item, -- shall be paid for at the unit price bid per square foot (M2) for "pneumati- cally placed concrete", of the type specified. The unit price bid per square foot (Mz) shall be full compensation for all cement, sand, water, reinforcement, furnishing and driving alt steel drive pins; for mixing and placing pneumatically placed concrete; and for all labor, tools, equipment and incidentals necessary to complete the work. Excavation for channel and canal lining shall be paid for in accordance with Item 3.5., "Unclassified Channel Excavation." Shaping and fine grading of _ channel or canal slopes and floors are not to be paid for directly but shall be included in the unit price bid for "pneumatically placed con- crete." When headerbanks upon which '~pneumatically placed concrete" is to be placed have been built by prior contract, excavation for shaping _ of slopes shall be paid for in accordance with Item 7.1., "Structural Excavation." ITEM 7.10. STEEL STRUCTURES 0.1. DESCRIPTION: This specification shall govern for the steel and other metals ~ or steel -- 7.10.2. metal used for the various of the structure and shall conform to the of Item 2.11., for Structures." ,,_ 7.10.4. SHOP Unless otherwise on the plans, the com~croa and submit shop drawings for each detail of the requiring steel, forgings, wrought iron, or dia- grams shall be required, be prepared on sheets 24 × 36 inches (.6M × .9M). All shop drawing shall be ' the fabricator before being sub- mitted for approval by the coNTgxcroa shall furnish to the _ OWNER as many prints of the carrying out the work. The CONTRACTOR shall for~ plete- ness of the drawings even though the drawings have approved by the OWNER When the plans or special the CONTRACTOR shall furnish OWNER, before formal acceptance o~he work, de- tailed ~i] of the structure as built. Inasmuch as ~e drawings ~- shall i ~ [ by the OWNER as permanent records, they~q~ust be in the f( )f printable transparencies of a quality satisfactor~o the OWNEt _. NOTICE OF BEGINNING WORK: The CONTRACTOR shall 431.1 to 431.2 mortar; and for all forms and falsework, labor, tools, equipment, and cidentals necessary Co complete the work. ITEM 431 PNEUMATICALLY PLACED CONCRETE 431.1. Description. This item shall govern for furnishing and placing "Pneumatically Placed Concrete" for riprap, concrete channel or canal ing, encasement of designated structural steel members, the repair deteriorated or damaged concrete and for other miscellaneous work shown on the plans. 431.2. Materials. The cement, water, and aggregate shall conform to the requirements of the Item, "Concrete for Structures". Fine agg~ shall conform to the requirements of Table 2, Grade 1, and coarse aggr~t~ shall conform to the requirments of Table 1, Grade 7, unless noted oth~ wise on the plans. Air entraining Bdmixtures, retarders and water reducing admi~tur~ if used, shall comply with the Item, "Concrete Admi=tures". Bar reinforcement and wire fabric reinforcement shall conform to the quirements of the Item, "Reinforcing Steel". Exl~naion joint material shall conform to the requirements of the Item, "Concrete Structures". Steel drive pins, studs or expansion bolts used for the attachment of reinforcing for repair of deteriorated or damaged concrete with pneumatically placed concrete, shall have a minimum diameter of one eighth of an inch and a minimum length of 2 inches. Size and location of drive pins or studs and method of attachment of reinforcing shall be as specified herein or as detailed on the plans. The equipment used for driving the pins or studs shall be of the type which uses an explosive for the driving force, and shall be capable of inser- ting the stud or pin CO the required depth without damage to the surroun- ding concrete. Expansion hook bolts, (1/4 inch diameter), shall be placed in a drilled hole of the size and depth recommended by the manufacturer. The Engineer may require that a test be made of the driving equipment for steel drive pins and check the pull out quality of the expansion bolts, prior to approv- ing their use. 476 431.3 to 431.4 431.3. Proportioning and Mixing. The Contractor shall submit a mix design for approval of the Engineer. The basic mix design shall conform to the followin~ *Minimum of One 28 Day Compressive Type Part Cement TO Strength Cores I 4 Parts Aggregate 3600 psi Min. II 5 Parts Aggregate 3000 psi Min. III 7 Parts Aggregate 2000 psi Min. *The Contractor ~a¥ use a design containing faore cement than required by this specification, when approved by the F~glneer. TABLE I The ~ment ~d ag~s s~ ~ m~s~ by vol~e ~ enough wa~ add~ W b~ the ~s W the des~ consis~ncy. Test p~els - ~ ~ ~ p~or ~ approv~ of the mix desi~ The conc~ ~ ~ a~ pl~ W a pl~ p~ ~d s~ ~ a minim~ s~e of 18" x 18" x 3" ~ d~ ~e ~el ~ ~ shot ~ t~ ~e ~ pmss~ ~d no~e ~p W ~ .... u~ for the pr~ucfion work. The ~el ~ ~ c~ ~ ~e ~e ~er ~ for the ~~ u~ ~ by ~e con~act. ~ 2 i~h di~me~r co~ ~ ~ ~en ~om ~ch ~el ~d ~s~ ~ "'- ~p~sion at 7 ~ys. ~e av~a~ s~en~h of the ~ s~ ~ a ~m of 70 ~nt of the s~ ~ ~ Table I, hem~. T~g of ~ s~ ~ ~ acco~ ~th Test Meth~ Tex424-A. The E~ ~y ~ ad~o~ ~st p~e~ d~ ~e pro, ss of ~ work if there is ~y c~ ~ m~s, ~pment or noz~e o~raWr. - M~ ~d apportion ~y ~ done by eider by the ~ mi~ or wet mi~ P~s. ~e ~H~s s~ ~ thomug~y ~d u~o~y mi=~ us~ a ~ desi~ for u~ ~th pneu~c appH~on. It ~y ~ either a ~d- _ ~e t~ or ~ t~ mi~er. ~sit mix conc~ ~y ~ U~ for ~e wet ~ mi=lng and p~ci~ ~pment s~ be cl~n~ at re~ ~ah -- ~d ~ kept in a~ep~ble wor~g con~tion. ~e noz~e ~er, wa~r ~d ~ ~j~on sys~m shoed ~ ~~ ~y and mp~ when the ~s ~e WO~ ~1.4. Co~cfion Meth~. ~1) Re~o~ment. ~ re~orcement W ~ em~d~ ~ pneumfi~- _ ly P~c~ concre~ sh~ ~ cl~ ~d ~ ~om l~se ~ ~e, ~st, off, or O~er c~t~s w~ch ~ght prevent ad~ua~ bond. ~orcement s~ be s~ur~ ~y in the position ~~ on the -- ~a~. The cle~ ~s~ce ~tw~n re~forc~g b~s sh~ ~ at l~st 2-~2 ~hes. 477 4,31.4 ~inirnurn clear distance between forms and reinforcement and for cov~ _ shall be as shown on the plans. Space shall be provided for splicing bars the approved manner. For repair of structures, welded wire fabric shall be held securely q~ --- proximately three-fourths of an inch out from the surface to be cover~ AS jacent sheets shall lap at least 6 inches and sheets shall be fast. atI together securely by tying at intervals not to exceed 18 inches. In placi~ -- the wire fabric, steel drive pins shall be driven to a penetration of not i~ than 1 inch or 1/4 inch hook bolts installed in accordance with the turer's recommendation into the face of the designated portion~ to _ covered or repaired. The wire fabric shall be fastened securely to each pi~ bolt. Any pin that does not reach the desired depth or hook bolt that d~ not anchor properly in its hole may remain in place but must be ~1~ _ plemented by an additional pin or bolt inst~ll~tion. The welded wire fal~ shall have a minimum of 1 inch cover to the finished concrete surfac~ For the encasement of designated portions of steel structures, the ed wire fabric sh~ll be bent to a template to conform as nearly as Paz~ibi~ to the outlines of the steel members to be encased. Holes not less than 112 nor more than one inch in diameter, shall be provided in the webs of tl~ -- members as near as practicable to the flanges for the purpose of attaching the reinforcing fabric. These holes shall be spaced approximately 3 feet centers. The welded wire fabric shall be held securely approximately fourths of an inch out from the surfaces of the members to be encmmd. Ad- jacent sheets shall lap at least 6 inches and sheets shnil be fastem~l together securely by tying at intervals not to exceed 18 inches. In placing _ the wire fabric, t~ cighths of an inch round rods shall be fastened to tbe structural steel through the holes provided in the webs of the members to be encased and the fabric shall be tied securely outside to rods. Ties shall be ._~ spaced approximately 12 inches on centers. The formed fabric shall con- form, in so far as possible, to the shape of the structural member. (2) Existing Structural Steel. Pneumatically placed concrete for encas- ing structural steel shall be Type II unless otherwise designated on the plans. All steel and concrete surfaces shall be cleaned thoroughly of all paint, rust, loose mill scale, grease, and such other foreign materials which are likely to prevent adequate bond between the surface to be encased or covered. Concrete surfaces to be covered with pneumntically placed con- crete shall be kept damp a day in advance of application and shnll be thoroughly cleaned and washed with water and filtered compressed air just prior to the application. The encasement concrete shall be given a wood float finish and water cured for 4 days. 478 431.4 13~ Repair of Existing Concrete. A Type I mixture shall be used for structure repair. All deteriorated or loose concrete shall be removed from the areas designated to be repaired or restored within the lirnits specified on the plans or designated by the Engineer. Concrete adjacent to a crack shall be removed in such a manner as to leave the existing reinforcing steel throughout the repair area as intact as possible. Concrete and reinforcing steel surfaces which will be in contact with pneumatically placed concrete shall be sandblasted clean, then the surface cleaned of loose material with filtered compressed air. Exposed areas are to be sprayed with water, followed with another -- spraying after ten minutes, then not later than ten minutes after the second water spray, the repair area or the cavity will be filled with pneumatically placed concrete, tying in the wire mesh as required. A steel edged screed _ mh~ll be used to cut surface to origins] lines. A steel trowel shall be used for 6~! finish. -- For curing, the repair area shall have a piece of wet cotton mat taped in- to place over the repaired area followed with a covering of 4 mll min. sheet l~stic also taped into place. The sheet plastic shall be larger than the mat - ~mi shall be continuously taped at the edg~ with 3 inch min. width tape {air ~ct tape or better} to completely enclose the mat and hold in the moisture. After four days or longer, the mat and cover may be removed. After the curing period the patches will be tested by striking with a I~nmer to check for soundness and bond to existing concrete. {4) Riprap and Ditch lJnlng. Pneumatically placed concrete for riprap _ ~d for channel or canal linings shall be the type designated on the plans. The concrete shall be placed within the limits specified on the plans or as designated by the Engineer. The surface shall be given a wood float finish ,_ m' a gun finish as directed by the Engineer. Curing of riprap and/or ditch lining sh~ll be by either Type I or II membrane in accordance with the Item, "Membrane Curing". (5) Operating Requirements for the Dry Mix Process. The compressor or blower used to supply air shall be capable of delivering a sufficient -- volume of off free air, at a pressure range of 30 to 85 psi as required by the size of the nozzle employed. Required capacity of compressor and operating pressures are shown in Table 2 for the various nozzle sizes. Steady pressure _. must be maintained throughout the placing process. The water pump shall be of sufficient size and capacity to deliver the water to the nozzle at a Pressure of not less than 15 psi in excess of the required air pressure. 479 431.4 Compressor Hose Maximum Operating Capacity Diameter, Size of Nozzle Air Pressure cu. ft. per Min. inchesTip, inches Available, 250 1 3/4 40 315 1 1/4 1 45 365 1 1/2 1 1/4 55 500 1 5/8 1 1/2 65 600 1 3/4 1 5/8 75 750 2 1 3/4 85 Table 2 CO~4PRESSOR CAPACITIES -- The values shown in Table 2 are based on a hose length of 150 ft. with the nozzle not more than 25 ft. above the delivery equipment. Operating I pressures shall be increased api~roximately 5 psi for each additional 50 ft. of hose and approximstely 5 psi for each 25 ft. the nozzle is raised. (6) Operating Reqmrements for the Wet Mix Process. The pump shall operate so that the line pressure is between 100 psi and 300 psi for delivery hoses with 11/2# to 3# diameters. The miTiug equipment shall be capable of thoroughly mixing the materials in sufficient quantity to maintain con- tinuous placement. When tr-n.qit mix concrete is used, this equipment shall - conform to the Item, "Ready-Mix Plants". The use of the wet process will not be permitted for the repair of deteriorated or damaged concrete. (7) Rebound. Rebound material shall not be used. (8) Construction Joints. Partic-i-r care shall be given to the formation -~ of construction joints. Unless otherwise noted on the plans, all joints sub- ject to compressive stress or over existing construction joints shall be square butt joints. Tapered joints will be permitted at other locations ex- - cept the outside I inch shall be perpendicular to the surface. (9) Placing of Pneumatically Placed Concrete. Proper consistency -- shall be controlled at the nozzle valve by the operator for the dry mix pr(~ cess and a low water~ement ratio must be maintained. The consistency of the mix and the water shall be controlled by the mixer pump or by the tran- -- sit mix truck when used for the wet mix process. The mix shall be suffi- ciently wet to adhere properly and sufficiently dry so that it will not sag or fall from vertical or inclined surfaces or separate in horizontal work. 48O 431.5 When encasing structural steel members or covering portions of struc- tures the concrete may be applied in one coat; however, if the concrete, after being placed, shows any tendency to sag, it shall be applied in two or more coats. Pneumatically placed concrete for overhead work shall be placed in two or more coats as may be necessary to insure proper bond and to eliminate sag. In covering vertical surfaces, placing of the concrete shall begin at the bottom and be completed at the top. The nozzle shall be held at such distance 12 or 4 feet) and position that _ the stream of flowing concrete shall impinge as nearly as possible at right angles to the surface being covered. Any deposit of loose sand shall be removed prior to placing any original or succeeding layers of pneumatically _ placed concrete. Should any deposit of loose sand be covered with imeumAtically placed concrete, the concrete shall be removed and replaced with a new coat of pneumatically placed concrete after the receiving surface has been properly cleaned. Before channel or c~nRI lining or riprap is placed, the earth c~nal or channel slopes shall have been compacted uniformly and thoroughly and -- brought to a uniform moist condition. The subgrade for li~iug shall be ex- -rated and fine graded to the required section. The use of forms for lining ~!1 not be required. The surfaces of pneumatically placed concrete for both __ ~ lining and riprap shall be finished accurately by hand floating methods before the concrete has attained its initial set. The original surface and each surface which is permitted to harden -- before applying succeeding layers shall be washed with water and air blast, ~ & stiff hose stream, and loosened material removed. Sand which rebounds zed does not fall clear of the work or which collects on horizontal surfaces ~- ~dl be blown off from time to time to avoid leaving sand pockets. Concrete ' ~ not be applied to a surface containing frost or ice. Where standing or running water is encountered it,shall be removed before applying the con- _ crete. No work shall be done without the permission of the Engineer when the temperature is lower than 35 F. After placing, the concrete shall be pro- tected from freezing or quick drying. -- {10) Workmen. Only experienced foremen, gunmen, nozzlemen, and rodmen shall be employed and satisfactory written evidence of such ex- l~rience shall be furnished the Engineer or his representative upon de- Sec Section 4, Description of 4~1.5. Measurement. Measurement of pneumatically placed concrete Pay Items, Page 49-50 of the for encasement of structural steel members will be by the square foot, in -- Construction Specification for Pl~ce, of the actual contact area. Measurement and Paymen£ Measurement of pneumatically placed concrete for repair and restora- - ~ tion of concrete structures, will be by the cubic foot, in place, using the sur- face area times the average depth of the patch. - 481 ~1.6to432.3 Measurement of pneumatically placed concrete for riprap and ditch li~ ing, will be in accordance with the Item, "Riprap". 431.6. Payment. Pneumatically placed concrete, measured as provided above, will be paid for at the unit price bid per square foot, or cubic foot for "Pneumatically Placed Concrete", of the type specified. The unit price bid per square foot or per cubic foot shall be full compe~ sation for all cement, aggregate, water, reinforcement, furnishing and driv. lng all steel drive pins, furnishing and placing expansion bolts, for the removal of deteriorated concrete, for mixing and placing and curing pneumatically placed concrete, and for all labor, tools, equipment, and i~ cidentals necessary to complete the work. ITEM 432 RIPRAP Description. This item shah govern the furnishing stone or concrete of the type indicated on the plans. Stone for riprap shall consist of field rough unhewn stone as nearly uniform in sect/on as is The stone resistant to the action of air and in all respects purpose intended. The stone used Common Mortar Riprap of broken up concrete removed the contract or other approved sources, as nearly as practicable and of the sizes specified 432.8. Materials for shall conform to the r~ quirments of the Item, Concrete shall be of the class shown on the plans, for the several types of riprap shall consist of one part cement and three parts of sand, thoroughly mixed with water, have a consistency such that it can be easily handled and,, have a consistency such that it will flow completely joints. Bar reinforcement conform to the of the Item, "Rein- forcing Steel". Wire shall consist of welded \meeting the re- quirements Designation: A 185. ~ X Pr~ m,~ expansion joint material shall conform to the r~qu~rements of the Kern "Concrete Structures". ~ ~3. Construction Methods. The slopes and other areas to b~ro- shall be dressed to the line and grade shown on the plans prior to~l~e -- 482 TYPE ~-~INED Wire Ll~O PILOT PILOT CHANNEL DETAIL BOND NO. 30658672 PERFORMANCE BOND STATE OF TEXAS } COUNTY OF DALLAS } KNOW ALL MEN BY THESE PRESENTS: That Humphrey & Morton Construction _ Company, Inc. of the City of Fort Worth, County of Tarrant, and State of Texas, as principal, and COLONIAL AMERICAN CASUALTY & SURETY 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 Eighty-eight thousand, four hundred nine_t-y- five dollars and seventy cents ($88,495.70) 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 day of , 1995, for the construction of about 1020 linear feet of concrete/pneumatically placed concrete (gunite or shotcrete) channel (approximately 260 C.Y.). It shall also include the excavation and recompaction of about 275 C.Y. of dirt and the - excavation and haul off of about 75 C.Y. of dirt. The work shall be as shown on the construction plans (DR 94-01) 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. Performance Bond Page 2 IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of , 1995. HUMPHRE.~_~Y & MORTON C~ST. ~OMPANY, INC. COLONIAL AMERICAN CASUALTY & SURETY CO. f"'- ~ /-! ///PRI/NC~PAL --~ SURETY /? Tamara E. ~ Title: ~-~ f5 ~ ~ ~ ~ Title: Attorney-in-Fact Address: P.o. Box 8047 Address: 210 North Charles Street -- Fort Worth, Texas 76124 Baltimore, MD 21201 The name and address of the Resident Agent of Surety is: -- THE SWEENEY COMPANY 1121E. Loop 820 South; Fort Worth, Texas 76112 IMPORTANT NOTICE To obtain information or make a complaint: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 -- Austin, TX 78714-9104 FAX ~(512) 475-1771 PREMIUM OR CLAIM DISPUIES: Should you have a dispute concerning your premium or about a claim -- you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. A'i-rACH THIS NOTICE TO YOUR POLICY: _ This notice is for information only and does not become a part or condition of the attached document. BOND NO. 30658672 PAYMENT BOND STATE OF TEXAS COUNTY OF DALLAS KNOW ALL MEN BY THESE PRESENTS: That Humphrey & Morton Construction Company, Inc. of the City of Fort Worth, County of Tarrant, and State of Texas, as principal, -- and COLONIAL AMERICAN CASUALTY & SURETY 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 Eighty-eight thousand, four hundred ninety- - five dollars and seventy cents ($88,495.70) 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 day of , 1995, for the construction of about 1020 linear feet of concrete/pneumatically placed concrete (gunite or shotcrete) channel (approximately 260 C.Y.). It shall also include the excavation and recompaction of about 275 C.Y. of dirt and the excavation and haul off of about 75 C.Y. of dirt. The work shall be as shown on the construction plans (DR 94-01) 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. Paymem Bond - Page 2 IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this -- instrument this day of , 1995. HUM~R~T-&..MORTON qONST~I COMPANY, INC. COLONIAL AMERICAN CASUALTY & SURETY CO. ~ ""'i /3 ,/P~IN~IPAL ~'~3 SURETY Title: '-~)~Z~[ t'~-3 ~-7-'~ / Title: Attorney-in-Fact ( -- ~ Address: P.O. Box 8047 Address: 210 North Charles S~reec _ Fort Worth, Texas 76124 Baltimore, MD 21201 The name and address of the Resident Agent of Surety is: -- THE SWEENEY COMPANY 1121E. Loop 820 South; Fort Worth, Texas 76112 _ ~) FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY ~ompanles HOME OFFICES: BALTIMORE, MD 21203 BOND NO. 30658672 Maintenance Bond KNOW ALL MEN BY THESE PRESENTS, that we~---H-~H-R-..E..Y----&-~--~--~--R---T-.~--N-----C--~--N-.S---T-R-U--C---T--~--~---N----C--~---M--P--A~-- ......... -- - ........... '- .......................................................................................................................................................... hereinafter a corporation of the State of Maryland, Baltimore, Maryland, hereinafter called Surety, as Surety, are held and firmly -- hereinafter called Obligee in the sum ~f.~.F..~.~.r-.t-~---.-F--~-u-~-r----T--h---~..u--s-a-..n-d--~----T.-w-.~---~H-u--n--d--r-e-.d----.F--~--r.--t-y----$-~E~-3---&---8~ ...... 100 ............................................................................................... £ $_4.4_,.2_4.7.,_B.53 ............................................ DOLLARS, lawful money of the United States of America, to be paid to the said Obligee, or its successors or assigns, to the payment - of which sum well and truly to be made, we do bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. _ SIGNED, sealed and dated this ....................................................... day of_ ....................................................... 19 ....... WHEREAS, the Principal entered into a contract with the said Obligee, dated ............................................................. ................................................................................................................................................................................. and, _ WHEREAS, the Obligee requires that these presents be executed on or before the final completion and acceptance of said contract and WHEREAS, said contract was completed and accepted on the ............................... day of. ............................... 19 ...... NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall remedy, without cost to the Obligee, any defects which may develop during a period of_ ..... .t_.w__9____(_2.)__2L_e_.a_.r__s_ ....................................... from the date of completion and acceptance of the work performed under the contract, caused by defective or inferior materials or workmanship, then this obligation shall be void; otherwise it shall be and remain in full force and effect. [] FmELITY AND DEPOSIT COMPANY O? 'MARYLAND ~ Co[osm AM~mCAN C^SOA[~¥ A~D SO~TY COMPANY WITNESS: The FIDELITY AND DEPOSIT COMPANY OF MARYLAND -- COLONIAL AMERICAN CASUALTY AND SURETY COMPANY Companies HOME OFFICES: BALTIMORE. MD. 21203 POWER OF ATTORNEY KNOW AI.L MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLON[AL AMERICAN CaSI;ALTY \ND SURETY COMPANY. corporations of the State of Maryland, by C. [vl. PECOT, JR. . Vice-President, and C. [4. ROBBINS , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2 of -- the respective By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full three and effect on the date hereof, do hereby nominate, constitute and ap~int Charl~.~..D. Sweeney, D. W. Sweeney, Bobby E. blayo and Tamara E. Shackelford, ~f For~th. Tox-~. EriCH .......... -- the true and lawful agent and Attorney-in-Fact of each, to mak~Ox<~ute, seal. ta~ver, for, and on its behalf as surety, and as its act and deed:any and all bonds and und%~a)"l~ings. ~q~'gpT bonds on behalf of Independent Executors, Community Sury~..~s and~unity Guardians ......... . ..... -- ~,nd tne execution o t such bonds or undertakings in pur('~°f these Kt~'e~s~, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they ha~duly ex.nd acknowledged by the regularly elected officers Of the respective Companies at their offices in Baltir~,"Md.,r..x.., x-...~in tl~o~n proper persons. This power of attorney revokes that issued on behalf~harle~s~,~,,Xl~/Sweeney, etal dated January 1, ]992. IN WITNESS WI-tEREOF, the said Vice-Prp~.-----~ents and ~ Secretaries have hereunto subscribed their names and affixed the Corporate Seals of the said FIDEt, I-f~D DEPOSI.T"L~ANY OF MARYLAND and the COLONIAL AMERiCAN CASUALTY ,anD SURETY COMPANY this 92 _ Awr~,~') //~0~ AND DEPOSIT COMPT~~ -- (~_A."~-: COLONIAL AMERICAN CASUALTY AND SUR~Y COMPANY -- Assistant Secretary [,lice-President STATE OF MARYLAND SS: CITY OF BALTIMORE __ On this 14th day of August , A.D. 1992, before the subscriber, a Notary Public of the State of Maryland, in and for the City of Baltimore. duly commissioned and qualified, came the above-named Vice-Presidents and Assistant Secretaries of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described herein and who executed the preceding instrument, and they each acknowledged the execution __ of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid. and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. __ IN TESTIMONY WHEREOF' I have hereunto set ~ affixed mY Official Seal ~ ~___~Td year first ab°ye written' My commission expires___~_a_Y___J ...... 1___9__9__3_ ......................... CERTIFICATE 1, the undersigned Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct __ copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice-Presidents who executed the said Power of Anorney were Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2 of the respective By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This certificate may be signed by facsimile under and by authority of resolutions of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the.5th day of December, 1991. RESOLVED: -That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, whenever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Com- pany with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name ~ . and affixed the corporate seals of the said Companies. this 168-2682 (J ~ Assistant Secretary EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice- Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Commmittee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages .... and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice- Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by thc Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." 3/3o/95 PRODUCER ]THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND ]CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE ~DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE The Sweeney Company / POLICIES BELOW. P 0 Box 8700 COMPANIES AFFORDING COVERAGE Fort Worth, Texas 76124-0700 COMPANY A LETTER Fidelity & Casualty Company of NY INSURED LETTER B COMPANY C CITY OF COPPELL LETTER P 0 BOX 478 COMPANY COPPELL TX 75019 LETTER D COMPANY LETTER E THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MM/DD/YY) DATE (MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/DP AGG. $ CLAIMS MADE OCCUR. PERSONAL & ADV. INJURY $ OWNER'S & CONTRACTOR'S PROT, EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ : MED. EXPENSE (Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE ANY AUTO LIMIT $ ALL OWNED AUTOS BODILY INJURY (Per person) $ SCHEDULED AUTOS HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM STATUTORY LIMITS WORKER'S COMPENSATION EACH ACCIDENT $ AND DISEASE--POLICY LIMIT $ EMPLOYER'S LIABILITY DISEASE--EACH EMPLOYEE $ OTHER Aggregate Limit $1,000,000. A Owners and Contractors Each Occurrence Protective Liability CLP5258229 3/30/95 5/22/95 Limit $1,000,000. Policy DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Re: Shadowridge/Devonshire Drainage, Project ~/DR94-01 Designation of Contractor: and Morton Construction Co., Inc. for non- of premium SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF COPPELL EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL .?.;,'D.'-,^,'.'O.~. TO P 0 BOX 478 MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO COPPELL TX 75019 THE LEFT, ~UT, .......... .,,~, ,~ . v M,",:L CUC:: ,.~ .......... ,~ ,.,, ',ALL ,,.,, ....... ,.,,.,L NC CDL;CAT;GN OR ' ........ '" ............................... :TS AC, FNT$ CF;, ................ "' AUTHORIZED REPRESENTATIVE The Sweeney Company ©A'~oR_.