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DR8601-CN 861126
CONTRACT DOCUNENTS FOR DRAINAGE CI~.NNEL IMPROVEMENTS FOR PARI~D IN THE CITY OF COPPELL, TEXAS BY ITISECO LAND DEVELOPMENT, INC. 12770 Coif Road, Suite 1215 Dallas, Texas 75251 214/233-5771 ESPEY, HUSTON &ASSOCIATES, INC. 17811 ~aterview Parkway Dallas, Texas 75252 214/669-9600 I i i~' tll ' 1 Ii O © TABLE OF CONTENTS FART A. B. C. Dt Notice to Bidders Special Instructions to Bidders Special Provisions Proposal of Bid ASCE Fo~ms: Standard Fo~ o£ Agreement 2. performance Bond 3. Payment Bond &. General Conditions o£ Agreement O © PART A - NOTICE TO BIDDERS Sealed proposal shall be addressed to ESPEY, HUSTON & A~SOCXATES, lNG., 17811 ~aterview Parkway, Dallas, Texas, ~5252, and will be received prior to: November 6, 1986 at 12:00 noon for furnishing all plant, labor, material and equipment and performin~ all work required for construction of DRAINAGE CHANNEL IHPRO~S FOR PARK~D located in the City of Coppell, Texas. All proposals will be opened and reviewed by WISECO LAND DEVELOPHE~, INC. in private. A Performance Bond and Payment Bond in an a~ount of not lass than one hundred (100%) percent of the contract price, conditioned upon ~nd faithful performance of the contract and upon payment of all persons eupplyin~ labor or funlishing materials, will be required. These bonds shall be ~ade to the benefit of ~lseco Land Development, Inc. These bonds are included as a pay item (SBE BID SECTION). Plans and specifications may be obtained from the offices of Espey, Huston & Associates, Inc., 17811 ~aterview Parkway, Dallas, Texas, 75252. The Contractor should carefully examine the plans, specifications and other documents, visit the site of the work, and fully inform themselves as to all conditions and matters which can in any way affect the work or the costs thereof. Bidders shall satisfy themselves aa to the subsurface conditions which may be encountered in the prosecution of the work by maktn~ borings, digging test pits, or by other means as they may prefer. Certain conditions in the Standard Form of Agreement are revised for this contract and are stated in the Special Instructions, Part B. Should a Contractor find discrepancies in, or omissions from, the plans, specifications or other documents, or should he be in doubt as to their meaning, he should at once notify the Engineer and obtain clarification prior to submitting his proposal. The Owner reserves the right to reject any or all proposals and waive any or all irregularities. The Owner reserves the risht to not be lf~Lted Fo a~.~ one proposal for determination of award of the contract. All proposals W~AA be presented, based on the quantities provided and on the forms issued. The contractor shall not add any items to the Proposal. No proposal may be withdrawn until the expiration of thirty (30) days from the date proposals are opened. O PART B - SPECIAL INSTRUCTIONS ~ The provisions of this Section of the Specifications shall govern in the event of any conflict between them and the "General Conditions of Agreement#· ~ The word "ENGINEER" in these Specifications shall be understood as referring to Espey, Huston & Associates, Inc. or such other Engineer, Supervisor or Inspector as ~ay be authorized by the City of Coppell with the approval of the Owner to act in any particular position. BID SECURITY: No Bid bond or other seCuritY will be required by Ceneral Homes Co~poration. Since the bidders of this project have been selected by the O~ner, each bidder will be expected to honor his bid, on hie o~n recognizance and enter into a contract, iff successful, within five (5) days after the contract has been awarded. ~TATE SALES TAX~ This contract is for the improvement of a street right-of-way or other easement which has been dedicated to the Public and the City of Coppell, an organization which qualifies for exemption pursuant to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act. The Contractor performing this contract can probably purchase rent or lease all material, supplies, equipment used or consumed in the performance of this contract by issuing to his supplier an exemption ~certificate in lieu of the tax, said exemption certificate complyin~ with State Comptroller' s rulin~ #95-0.07. Any such exemption certificate issued by the. Contractor in lieu of the State Comptroller's ruling #95-0.09 as amended to be effective October 2, 1968. ~ The person or firm to whom the contract is awarded will be required to furnish a performance bond, a payment bond and a maintenance bond. Performance and payment bonds shall be in an ~aount equal to one hundred percent f100%1 of the contract price, conditioned upon the faithful performance of the contract and upon payment of all persons supply labor or furnishing materials to the project. These bonds shall be made and firmly bound to Wiseco Land Development, Inc. (Owner). The maintenance bond shall provide for repair and/or replacement of all defects due to faulty materials and/or workmanship r/tat appear within a period of one (1) year from the date of acceptance of the project by the City of Coppell and according to their standard form bond. INSURANCE REOUIRED: The Contractor shall not commence work under this contract until he has obtained all insurance required under this paragraph and such insurance has been approved by the Owner, nor shall the Contractor allow any subcontractor to co .m~ence work on his subcontract until all similar insurance of the subcontractor has been so obtained and approved. de ~gmoensation Insurance: The Contractor shall take out and maintain during the life of this contract~orker's Compensation Insurance as required by all applicable Federal, state and local or other laws including Employer's Liability for a minimum coverage'limit of $100,000 for all ofhis employees at the site o£ the prOjeCt, and in'case any work is sublet, the Contractor shall require the subcOntract°rs similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. Liabilit? Insurance: The Contractor shall maintain Comprehensive General Liabilit~ including Contractor's Liability, Owner's Protective Liabili~y, Contractual Liability; all on the occurrence basis with Personal Injury Coverage and broad form Property Damages. Completed Operations Liability shall be kept in force at least Cwo years after ~he date of final acceptance of ~he system, since there is a ~wo-year limit on the filing of suit. Additionally, ~he contractoc shall maintain Excess Umbrella Liability coverage. The mintmm aggregate coverage of the Comprehensive General Liability and Excess Umbrella Liability shall be $1,000,000.00. The minimum coverage limits for comprehensive General-Liabili~y are: Bodily Injury Each Person $500,000 Each Occurrence $500,000 Property Damage .Each Occurrence Aggregate $250.000 $500,000 Automobile Liabilit~: The contractor shall carry a Comprehensive: Automobile Liability policy including non-ownership and hired car coverage as well as owned vehicles. The minimUm coverage limits for automobile liability are: Bodily Injury Each Person Each Occurrence $500,000 $500,000 Property Damage Each Occurrence $250,000 Owner as Co-Insured= The Contractor and all subcontractors, at their own expense, shall provide and maintain r/la above referenced coverages wi~h companies acceptable to ~he Owner. They shall add the Owner to these coverages as a co-insured party and shall at all times be required to notify Owner within fifteen (15) days of any chanSe or cancellation in Insurance coverage or policy. Proo£ of Carriage of Insurance: Proof Of all insurance coverage shall be presented to the Owner prior to.~he execution of the contract. B-2 O covegge shall be included £. ~st: All cost related to insurance as a part of the bid items and bid prices in the Proposal. 7. TRAFFIC CONTROL: The Contractor will be required to plan and execute the construction work in such a manner that the residents in the area of the improvements will have access to their property with a minimum o£ interruption. The Contractor shall put all driveways, alleys and streets in accessible condition to allow residents ingress and egress before leaving the Job site for an extended period of time. 'Extended period of time' is defined as overnight, weekends, holidays, or periods o'f inclement weather. The Contractor will leave with the Engineer the phone numbers of some responsible person available _twenty-four (t&) hours a day' to handle emergencies concerning ingress and egress. The Contractor shall ~aintain all traffic lanes and/or detours to the satisfaction of the Engineer and to the City of Coppell. 8. BARRIaADES AND I/ARNING SIGNS: Barricades and' warning signs shall be placed in accordance with the requirements of the City o£ Coppell and/or as directed by the Engineer. Existir~ barricades that are removed become the property of the City of Coppell or shall be reused on this project. 9. ~ In case of ambi~uity or lack of clearness in statin~ prices in the Proposal, the Owner reserves the right to adopt the most advantageous construction thereof to the Owner or to reject the Proposal. Bidders desiring further infor~ation, or interpretation of the plans and specifications, ~ust mak~ request for such information to the Engineer prior to given in w~iting to all bidders in addendum for~ and all addenda will be bound ~ith and mede a part of the contract documents. No other explanation or interpretation will be considered official or binding. Should a bidder find discrepancies in, or omissions from the plans, specifications or contract documents, or should he be in doubt as to their meaning, he should at once notify the Engineer in order that a w~itten addendum may be sent to all bidders. Any addenda issued prior to twenty-fou~ (2~) hours of the opening of bids will be ~ailed or delivered to each Contractor contemplating the submission of a proposal on this work. The proposal as submitted by the Contractor will be so constructed as to include an addenda if such are issued by the Engineer prior to twenty-four (2~) hours of the opening of the bids. 10. ~ROTECTION OF IF~ILITIES: The Contractor shall dete~ine the exact' location of all existing utilities and conduct his work so as to prevent interruption of service or damage to them. The Contractor shall protect existing structures and utilities and shall be responsible for their replacement if 4~msged by him. 11. WATER FOR CONSTRUCTION: All water required shall be furnished by the Contractor at his expense. 12. SUPERINTENDENCY: It is understood and agreed to by the Contractor that upon his moving on-site and comaencin~ work he is responsible for the protection of the site and all t~provements. The Contractor may be held responsible for damages or losses occurrin~ on the site after he has commenced construction. 13. OBSTRUCTIONS/EXISTING STRUCTURES: Relocation of utility poles, street sisns, underground utilities and similar items will be performed by others, except where otherwise indicated. Such relocation or removal shall be coordinated by the Contractor. The plans show the locations of all known surface and subsurface structures believed to be involved in this proposed construction. However, the Owner assumes no responsibility for failure to show any or all of these structures on the plans, or to show them in their exact location. It is mutually agreed that such failure shall not be considered sufficient basis for claims for additional compensation for extra work or for increasing the pay quantities in any manner whatsoever, unless the obstruction encountered is such as to necessitate changes in the lines or grades, or requires the building of special work, provisions for which are not made in the plans and proposal, in which case the provision in these specifications for extra work shall apply. 1~. ~EOUENCE OF WORK: The Contractor shall arrange the sequence of work in cooperation with (and to the approval of) the Owner and the Engineer. It is the intent to schedule the sequence of operations and expedite the work in such a manner that would be beneficial to the Owner. 15. LIOUIDATED DAMAGES FOR DELAY: It is understood and agreed between the parties hereto that time is of the essence of the contract and that for each day of delay beyond-the completion date of this contract, the Contractor shall pay to the Owner as liquidated damages fo~ each day of delay the sum of Five Hundred Dollars ($500.00), it bein~ understood between the parties hereto that the sum shall be treated as liquidated damages and not as a penalty, and the Owner may withhold from the Contractor's comPensation such sums as liquidated damages. 16. SPECIAL SPECIFICATIONS: General Conditions and Haterials and Construction Methods of Contract shall be as stated in the Standard Specifications for Public Works Construction, North Central Texas Council of Governments ("NCTCOG#) (1983, with subsequent a~endments thereto) and as amended in these Specifications. In the event of conflict these Specifications shall take precedence over the NCTCOG Specifications. 17. SUPERVISION AND INSPECTION: The work will be inspected in accordance with requirements of the City of Coppell; General SuperviSion will be by the Engineer. It is the intent that the Specifications refer to the requirements and standards iD~luding amendments that have been made by the City of Coppell. 18. LINES AND GRADES: The Engineer shall layout all lines and grades required for the work in accordance with the plans and specifications and the City of CopPell. After initial staking, it shall be the responsibility of the Contractor to maintain the stake. ~n_v restakin~ shall be at the Contractor's exoense. 19. CONTRACT DOCUMENTS' The followins instruments adopted by the Texas Section of the American Society of Civil Ensineers on October 28, 1921, and revised October ?, 1971 and as modified by the Owner, will be made a part of the executed contract documents and are made 20. 21. O part of these specifications although they are incorporated herein by reference only. Standard Foz~of Agreement Certificate of Insurance Perfoz~ance Bond Payment Bond General Conditions of Agreement Chan~es in the Standard Fom for this Contract are as follows: a. The Standard Fom of Agreement shall be amended on page SF-2 to state that work will commence within 5 days after receipt of w~itten notice. b. The General Conditions of Agreement Section 5.0~ (Page shall be mae.dad to reflect a cut-off of the 2$th of the ~onth, the statement shall be delivered to the Engineer by the let, and the Owner will pay by the lOth. c. The General Conditions of Agreement Section 6.03 (Page G-11) 'Extra ~ork' shall be a~ended to read plus 10% of '~c~l field costS'. d. The General Condition of Agreement Section 6.04 (Page G-12) 'Time of Filing Claims' the times for filing an appeal or providingv~itten response shall be l0 days instead of 30 days. Also, the t~me for requesting arbitration shall be 5 days instead of 10 days. e. The General Conditions of A~reement Section 7.01 (Page G-13) the ti~e for abandonnent or refusal to return to york after notification shall be 5 days instead of l0 days. f. Substantial completion shall mean receipt of a Final City Acceptance Letter by Viseco Land Development, Inc. ~ Shall be ~ade in accordance vith the General Conditions of Agreement as adopted by the Texas Section of the American Society of Civ£1 Engineers, dated October 28, 1921, with the October 7, 1971 revisions. The Contractor's request for payment will be-submitted to the Engineer for approval. (See Special Provisions Paragraph ). CleaNUP FOR FINAL ACCEPTANCE: The Contractor shall mice a final cleanup of all parts of the work before final acceptance by the Owner or his representatives. This cleanup shall include re,vel of all objectionable rocks, pieces of asphalt or concrete, steel or pipe and other construction materials, and in general preparing the site of the work in an orderly manner and appearance. WASTE NATERIAL: All excess excavation and other waste material shall be vested at locations approved by the Engineer. All material shall be spread in uniform layers over the area being filled and shall be disposed on in such a manner as to present a neat appearance and to not obstruct proper drainage or to cause injury to street improvements or to abutting property. 22. and obtainins of any and all pe~aits and fees, as required by the City of Coppell. 24. ~ On-site excavation and compacted fill work required to construct the Drainage Channel and other general grading work associated with this project viii be the responsibility of the Contractor. Suitable material for placing of compacted fill will be provided by the Owner within approximately 600' of the work site. 25. ~ Density tests of compacted fill and all concrete testing as required by the City of Coppell will be the responsibility of the Contractor. Any and all test specimens that ara requested by the Engineer and/or required by the Specifications shall be processed or caused to be processed by an independent testing laboratory at the Contractor' s choice subJ ecl to approval by the (hener. The Contractor shall inform the Owner of his choice and obtain the Owner's w~itten approval Prior to conmencing construction. &ll test results shall be reported to the Engineer, City and O~ner. The Contractor shall pay for all testing of compacted fills and concrete as may be required by the City of Coppell's specifications. 26. ~QNTRACTOR'S CONSENT AND SUBORDINATION: The Contractor agrees to execute a Contractor's Consent form stating he will continue working for the lender under the same contract conditions in the event of abandonment or default by the Owner. The Contractor further agrees to execute and to require any and all Subcontractors to execute a Contractor's Lien l/slyer and Subordination if such is required by the Lender and/or Owner. The Contractor acknowledges receipt of a specimen of such documents. 27. ~ The Special Instructions to Bidders shall supersede all other parts of the Contract where conflicts exist. PART C - SPECIAL PROVISIONS SCOPE OF WORK: The work covered by these plans and specifications consists of furnishinS all materials, labor, equipment, tools and incidentals necessary to construct, in accordance with the plans and specifications, the proposed Parkwood Drainase Channel Improvements and all incidental work pertaininS thereto. These improvements include but are not limited to approximately 375 linear feet of 3000 psi concrete lined channel includinS unclassified channel excavation, borrow, hydromulchins, storm drain pipe and concrete riprap. BASIS OF BIDDING: The proposal is not subdivided into parts. The Owner reserves the right to not be limited to tho low bid for determination of award of the Contract. Time to completion in working days will be evaluated as a part of the bid proposal. Award of this Contract will be made to one Contractor. SPECIFICATIONS: City of Coppell construction requirements shall govern the materials and construction of all Parkwood Drainage Channel Improvements. These specifications shall govern except where modified in these special provisions. All Drainage Channel and storm drainage facilities shall refer to the above stated specifications, respectively. VENDOR'S CERTIFICATION: All materials used in construction shall have a vendor's certified test report. Test reports shall be delivered to the Engineer before permission will be granted for uae of ~he material. All vendor's test reports shall be subject to review by the Ensineer and shall be subject to verification by testinS of samples of materials as received for use on the project. In the event additional tests are required, they shall be performed by an approved independent testing laboratory and shall be paid for the Contractor. ADDITIONAL REOUIREHENTS: The Contractor shall at all times be obligated to notify the Owner of any and all changes in insurance and bondin~ coverage, including policy renewals. The Contractor acknowledges that all work contemplated by these Contract Documents.will be completed on a Lump Sum basis and that any required additions or deletions necessitated by a change in the scope of work will be completed at the unit prices set forth herein. The Contractor shall ims~diately notify the Owner and Engineer and request execution of a change order prior to performing any changes or modifications to the work. The Contractor shall be aware that the Owner will not be obligated to pay the Contractor for work that is performed by the Contractor prior to the final execution of a change order by the Owner and Contractor which would therefore authorize appropriate changes or modifications to the work. C-1 TO: VISECO LAND DEVELOPIiENT..INC. c/o Espey. HusCon &:~:A~S~.~l&Ces, Inc. 17811 Wate~ew Dally. Te~ 75~Z .. Pa~la~ood ...... Pursuanc Co Cite foregoin~; "Noc~ce", chm ~=s~d Cone=acCel, ~n~ ~orou~ly e~d ~e ~nCr~C. ~n~, ~1~i~ p~, specificaC~o~, the s~Ce of ~e project ~ ~rs~~ ~e ~C of ~rk co ~ prevail~n~ co~cio~, ~reby p~opose co ~ all ~e ~rk, f~sh equipuuc, ~ ucerial, except ~ specified co be f~ahed by ~e C~, ~ch is ~cess~ Co f~ly co. lace ~e project ~ s~JecC Co ~ ~pocCion approval of ~e Ct~ of CoppeXX,. Tern, ~ b~ h~elf upon ~cep~ce ~ts Proposal co e~cuce a ~ncracc ~ ~oh ~ approved Perforce ~, Pa~nc ~, hince~o ~. ~d s~h o~r b~, if ~y, ~ ~y be required by ~e Contract ~c~ncs for ~e perforce ~ co~lecion of said work. Contester presses co ~ ~e ~rk wi~Zn ~e c~ s~cod ~ for the s~m~: Pay At)prox:LmaCe Un:LC AmourtC Item ~ Dascri°cion of ICens Price (~h and t~acall, includ~n~ a11 appurtenant work, complete in place, the followin~ items): A. i~IAm~Lllq?ROVlmlmTS 1. 212 CY 2. 1,133 CY 3. 14 LF 4. 1,330 SY Uncluatfted Channel Excavation aC: S~xteen and Th!re]r-Five per CY. Dollars Cents Compacted Fill aC: seven Dollars and Thtrcy~Ftve perCY. 3~s Dta~ R.C.P. aC: Forty-Your Dollars and No Cents per IF. 5' 3000 ps~ Concrete Rtprap Clus A ac: Thirry-On~ Dollars and Fnrey-On~ ConCs per SY. D-1 $. 16.35 $ 3466.20 $ 7.35 $ 8327.55 44.00 Pay ]: cern e ApproxLndCe iLS lis ILS DescriDcig~'~9£ ~eus ConcreCe l~t:erials TesCins; . Nine Hundred Dollars ~nd Ho Cents per LS. S~jST~8~Sf~*on Tescinf~ ac: P~ymenc Bond eC: Four · per LS, Perfor~-~ce' Bond ac:: Five Hundred and No per LS. Five Hundred Dollars Dollars Cencs TOTAL BONDS Unic Price 900.00 ~2600.00 $5 Amount: ei9oo.oo , 26oo..oo 7,685.05 ~i ~nn_nn 004.70 I~LBID ~ 5~689.75 The undersigned a&rees co compleCe all work covered by Chase Concr&cc Documents in 30 workinA days from the dace ac Which & Notice co Proceed is issued by Viseco Land Development, Inc. If c]~ work, as outlined in chis Concr~cc, is nec completed in ch~ aforementioned cine.: period, the 0whir will be eUcicled co liquidaCed dmaages for delay as outlined in Parc B, Item 15 of chis COncracC. Do'2 ~lchin five (5) d~ys ~e~ ~eceipc 'of l{ocice of Acceptance of this bid, the undersigned rill execute ~ foml cou~ac~ ~ rill ~liver ~ approved s~e~ bo~ for ~e fai~ful perforce 'of ~s con~rac~. Respec~f~ly s~ai~ed, ' /J~'~'y L. Ji~.'lcson DATE: November 25, 1986 (SEAL) · I (We) ack~vled~e ~he zeceipc of ~ follo~rln~ addenda: Add~ No. 1 None Addendum No. 2 Addendum No. 3 Addendum No. ~ STAHDAED FORM OF AGn~_wUWqT As Adopted By THE TEXAS SECTION OF THE AHERICAN SOCIETY OF CIVIL ENGINEERS October 7, 1971 Revised November 17, 1928 Revised April 15, 1932 Revised Occober 27, 193~ Revised OctOber 19, 1945 ~ bvised April 8, lif~ Revised April 21, 1960 Revised October 7, 1971 Approved as"t:o Legal Form by Legal Counsel STATE OF TEXAS COUHTY OF DALLAS THIS AGRERM]~, ~tda lnd entered into chis ZSZh_ day of U~v~nr , A.D. 1986, by ~ be~een ~CO ~ D~~. ~C.. 1~770 Coit Road. Sutt~ 1~15 Dally. Texas. 75251. ~1~/233-5771 o~ ~ C~ of ~.~ S~Ce of Tem, ~Cing ~o~ To~ C. Vise Presi~ne ~re~ ~y au~oriz~d so to ~, P~ of ~e Fl~sc P~c, ~rel~r Ce~d ~. ~ J-N Cease.cOlon Co., Inc. of ~ ' Cl~ o~ ~chardson , Co~ of Dallas , a S~ce of ~, Pir~ of ~ Soco~ Par~, heroi~er ~e~d C~R. ~IITHESSETH: Thac for and in consideration of oho payments and agreements hereinaf~er mentioned0 co be made and per£o~med by che Par~y o£ the' First Parc (O~NER), and under che conditions expressed in ~he bond bearing even dace herewich, ~he said Part~ o£ ~he Second Parc (COHTRACTOR), hereby agrees wich the said Par~y o£ che First Parc (OL~qER) co commence and .complete che construction o£ cerr~ain ~nprovemencs described as Draina&e Channel Inprovenencs in che City o£ Coppell, Dallas County, Texas and all excra work in connection r. herevich, under ~he Ce~ms as seated in che Csn~ral Conditions of ~e ~remn~ ~ a~ h~s (or ~eLr) o~ proper cos~ ~ expels co f~sh all ~e ~erials, s~lies, ~l~, equipment, cools, superinte~e, l~or, i~~e, ~ o~r ~cessories ~ se~tces ~ce~a~ ~o complete ~e said co~Cmc~ion, in accords wi~ ~ co~iC~o~ ~d Prices s~ced in ~ P~oposal ac~ched hezeCo, ~ In acco~e wi~ the No~iCe",Co Contractors, General ~ Special ~lcio~ of A~e~nC, Pi~ ~d o~er ~awinss ~ printed or ~ic~en e~l~Co~. ~c~r ~ereof,' 'a~ ' ~he Specificacio~ ~d a~ ~erefore, ~ prepped by Espy. Huscon& Inc.. Dallas, Texa~ herein entitled ~e ~O~, e~h o~ which has.'. 'been ~iccen Proposal, the Ge~ral Condi~io~ of ~e A~remnc, a~ ~e. Perf~nce ~ Pa~nc Bon~ hereto aC~chod: all of ~ich are ~ a parC; herder'.and collectively evidence and conSci~uce ~he entire contract. SF-1 The CONTEACTOR hereby agrees co'co~aence W°rk within ten (10) days after the dace written notice co do so. shall have been given co h/m,' 'and co substantially complete ~he same within 30 working days after the dace of the written notice Co commence work, subject co such ex~ensions of ~tme as are provided by the General and Speci&l Conditions. THE OUNE~ agrees co pay ~he CONTRACTOR in current funds .the price or prices shown in the proposal, which fo~u a parc of ct{is contract, such payments co be subject co the Germral and Special Conditions o£ the contract. IN U/TNESS UttEREOF, the paroles co these presents have executed chis Asreemen~ in'the year and day first above written. V/SECO LAND DEVELOPMENT. INC. J-N Construction Co.. Inc. ~rrFL.. Jackson. V.P. STATE OF TEXAS COUNTY OF November 26 This inscnmenc wis ackno~Xod~ed be£orene on 1986, by Tom7 C. ~lse, Pres~denC of b'lSE¢O L6~D DEVELOI~mT, IHC,, on behalf of such corpor&~ion. 9-14-88 - ,, Nor. ary ~tblic for the SC~e of Tom in ~nd STATE OF TEXAS COUNTY OF This insczumenc w~s acknowlodged beforo me on on behalf of suc~ corporaci~n. H7 CommissionExpfres: 2-21-'88 , Nor. aW Public in and for r. he State of Texas SF-2 OF PROVIDI;NCE STANIMaD CONTRACT BOND .UT.AL ms..,ac~ CG~3Y OF imml milmflimd m m Imimm im Ilm kB d. ~SEC0 I2~ND DI~V~i.0PI~NT. INC. $58,689 end dstmJ ~ 25,, d~F ef lqo~embe~ - A J). 19 86 , ¢~¢1f November iNSURANCE COMPANY OF' PROVIOEIICE ISMS, ~ ~NSUR'ANCE COMPANY OF PROVIDENCE PAYMENT BOND &~g ~ S,108042 J-N ConacrucC:Lon Co., KNOW ALL MEN 8Y THESE PRESENTS: Thet W-_. , ThC. (herinafter ailed "Principal"). a~ Principal, and the UNION MUTUAL INSURANCE COMPANY OF PROVIDENCE, · corporation organized and existing under the law~ of the State of Rhode Island and authorized to transact business in the State of Texas , (hwirmfter called '~urety), are held and firmly bound unto the ~]TSFX:0 ~ D~ET.0~'~ ]:N;~ , the 25 day q~ November 19 86. NOW, THEREFORE, IF ~e ~ncJp4J M ~ meko peyme, d' io ell pm. sore supplying leb,x end .wtu. id ciiy M November 19 86 (If IMlvidud wRm) [Seal [Sd] UNION MUTUAL IN~UIIANCE COMFANY OF PgOVIOENCE .By Brenda 'Jo Sel! ~ Form 7066.2 1.01 1.02 1.03 1.04 1,05 1.06 1.07 1.08 1.09 2.01 2.02 2.03 2.04 2.05 2.08 2.09 2.10 2.11 2.12 2.13 2.14 2.15 3.01 3.02 3.03 3.04 3.05 3.06 3.07 3.08 © T.~BLE OF CONTENTS FOR GENERAL CONDITIONS OF AGREEMENT 1. De.~inition of Terms Page Owner, Cont:actor and Engineer ................... (]-1 Con~ract Documents ........................ Sub.Contractor · , '. ........ Written Notice ............................ Work ....... . ............................ Extra Work .............................. C--1 Workin{ Day ............................. C,-! Calendar Day ............................. G-1 Substantially Completed .......................... 2. Responsibilities of the Engineer and the Contractor G-2 Owner-Engineer Relationship ....................... C--2 Professional Inspection by Engineer ............... G-2 Payments for Work ......................... Initial Dete.nninations .......................... G 2 Objections ............................. G-2 Lines and Grades ' 4 ........... G-2 Contractor's Duty and uper~tendence ......... ' ' ' G-3 , UnderStanding ................... Contractor s .... Character of Workmen ......................... G-3 's Buildin~ ................ Contractor ....... Sanitation .............................. .G-4 Shop Drawings ........................... Preliminary Approval ..... · ................... G-4 Defects and Their Remedies ...................... C--5 Changes and Alterations ......................... 3. General Obligations and Responsibilities C,-5 and Specifications Acce~ible ................ Keeping of Plans . C--5 Ownership of Drawin~ ..... ' ................... C--$ ot Design ........................ Adequacy 6-5 Right ot Entry ........................... G-5 Collateral COntracts ..................... C--$ Discrepancies and Omissions ..................... C-5 Equipment, Materials and Construction Plant ............... Damages ......... 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 .ls.i 4.01 4.02 4.03 5.01 5.02 5.03 5.04 5.05 5.06 5.07 5.08 5.09 6.01 6.02 6.03 6.04 6.05 ' 7.01 7.02 protection Against Accident to Employees and the Public ............ Performance and Payment Bonds ......................... Losses from Natural Causes ............................ p~otection of Adjoining Property ......................... protection Against Claims of Sub-Contractors, Etc ................. Protection Against Royalties or Patented Invention ................ Laws and Ordirmnces ............................... Assignment and Subletting ............................ Indemnification .' ................................ Contractor's Liability Insurance..' ....................... of Insurance ' Certificate .............................. '" 4. Prosecution and Progress 'Time and Order of Completion .......................... · Extension of Time ................................ Hindrances and Delays .......... .. · - 5. Measurement and Payment Quantities ~nd Measurements ....................... ' .... Estimated Quantities ............................... Price of Work ........................ ' .......... Partial Payment ................................... Use of Completed Portions ............................ Final Completion and Acceptance .... ' .......... Final Payment .................................. payments Withheld ............................... ' Delayed payments ............ · - 6. Extra Work and Claims Change Orders ................................... Minor Changes . · Extra Work .................................... Time of n a ms ..... .- Arbitration ......................... 7. Abandonment of'Contract Abandonment by Contractor ........................... Abandonment by Owner ............................ G-6 G-6 G-6 G-6 G-6 G-7 G-7 G-7 G-7 G-$ G-8 G-~ G-9 G-9 G-9 G.9 G-9 G-10 G.10 G.10 G.10 C--10 C.-ll G,11 G-11 G-Il G.12 G.12 G-13 G.14 TC-2 1. DEFINITIONS OF TERMS 1.01 OWNER, CONTRACTOR AND ENGINEER. The O~ER, the CONTRACTOR and the ENGINEER are those persons or organizations identified as such in the Agreement and are referred to throughout the Contract Documents as if Singular in number and masculine in gender. The tern'., ENGINEER means the ENGINEER or his duly authorized representative. The ENGI- NEER shall be understood to be the ENGINEER of the OWNER, and nothing contained in the Contract Documents shall create any contractual or agency relationship between the ENGINEER and the CONTRACTOR. . '~ 'CONTRACT DOcublENTs'I The Contract Documents shall consist of the Notice to .10_:.___ ,.,.'vertisement), Special Conditions (Instruct,o_= Proposal, sign ~.on~rac~o. ..~ ..... .~ v .... ent Bonds (when requireclL .-,pecmL oonua (when required),. General Conditions of the Agreement, Technical Specifications, Plans, and all modifications thereof incorporated in any of the documents before the execution of the agreement. ' The Contract Documents are 'comPlementary, and what is called for b~ any one shall be as binding as if called for by all. In case of conflict between any of the Contract Documents, priority of interpretation shall be in the following order: Signed Agreement, performance and Payment Bonds, Special Bonds (if any), Proposal, Special Conditions of Agreement, Notice to Contractors, Technical Specifications, Plans, and General Conditions of Agreement. 1.03 ' SUBiCONTRAcToR. The 'term Sub-Contractor, as employed herein, includes only those having a direct contract with the CONTRACTOR and it includes one wh° furnishes materi;~l worked to a special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked. 1.04 WRITTEN NOTICE. Written notice shall be deemed to have been duly se.-'.'ed if delivered in oerson to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered, mail to the last business address known to him who gives the n?ice. 1.05 WORK. The CONTRACTOR shall provide and pay for all materials, supplies, machin- ery, equipment, tools, superintsndence, la. bor, services, insurance, and all water' light, power, fuel, transportation and other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality.· The CONTRACTOR shall, if requited, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have a well known technical or trade meaning shall be held to refer to such recognized standards. · XTR,~ WORK The term "Extra work" as used in thi~,.c, ontract shall be unde~tood 1 06 E, . · ' · ~-R or OWNER to be done by to mean and include all work that may be teqmred by the ENGINE the CONTRACTOR to accomplish any change, alteration or addition to the work shown upon the plans, or reasonably implied by the specifications, and not covered by the CONTRACTOR'S Proposal, except as provided under "Changes and Alterations", herein. · 1.07 WORKING DAY. A "Working Day" is defined as any day not including Saturdays, Sundays or any legal holidays, in which weather or other conditions, not under the control of the CONTRACTOR, will permit construction of the principal units of the work for a period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m. 1.08 CALENDAR DAY. "Calendar Day" is any day of the week or month, no days being excepted. 1.09 SUBSTANTIALLY COMPLETED. By the term "substantially completed" is meant that the struc:ur~ has been made suitable for use or occupancy or the facility is in condition to se.~e its intended purpose, but still may require minor miscellaneous work and adjustment. '"'' NER.ENGiNEEI~I-RELATIONSHIP. The ENGINEER will he the OV~'ER'S 9--01 O~'V~ ..... ,~,.~ ~..~;~ r~s~onsibilities and limitations of authority of the representative during construction. ~ ~ ..... , ' - ENGINEER as the OVfNEK'S representative during construction are as set forth in the Contract Documents and shall no~ he extended or limited without written consent ot the OViNER and ENGINEER. The ENGINEER will advise and consult with the O~tNER, and all of O~VNE~'S instructions to the CONTRACTOR shall be issued thrdu~h the ENGINEER. 2.02 PROFESSIONAL INSPECTION BY ENGINEER. The ENGINEER shall make periodic visits to the site to familiarize himself generally with the progre~ of the executed work and to determine it such work generally meets the emential performance and design features and the technical and functional engineering requirements of the Contact Documents; ~rovided and except, however, that the ENGINEER shall not he responsible for making an~ detailed, exhaus- tive. comprehensive or continuous on-site inspection ot the quality or quantity of the work or be in any way responsible, directly or indirectly, for the construction meam, methods, quences, quality, procedures, pro~rams,'safety precautions or hck connection therewith. Notwithstandinl any other provhion of thh a~eement or any other Contract Document, the ENGINEER shall not be in any way responsible.or liable for any ac~, e~ors, omi~ions or neiliience of the CONTRA~OR, any subcontrnctor or any of the CO,RAZOR'S or subcontractor's alents, se~an~ or employees or any other pemon, ~m or cor~tion perform- in~ or attemptini to perform any o[ the work. ' '~'. 2.03 PAYMENTS FOR WORK. The ENGINEER shall renew CON~A~OR~ applicatiom for payment and supporting data, determine the amount owed to the CO~~OR ~t approve, in writin/, payment to CONTRA~OR in such amounts; such appro~ of pa~ent ~ CON~C- TOR constitutes a representation to the O~ER of ENGLNEER~ prot~onM jud~ent ~at the work has proire~ed to the point indicated to the best of hh knowiedle, i~ormation and belief, but such aoproval of an application for payment to CO~~OR shall not be deemed m a representation b~; ENG~EER that ENGINEE~ h~ made any e~minafion to de~ermine how or for what purpose CONTRACTOR has used the moneys paid on account of the Contnc~ price. 2.04 INITIAL DETERMINATIONS. The ENGhNEER ~itia~y ~a~ de~ermine all clai~, disputes and other matte~ in question between the CON~A~OR and the O~E~ relatinl to the execution or prolre~ of the work or the interpretation of the Contract Documen~ ~d the ENGINEEr'S dechion shall be rendered in writin~ within a re~nable time. Should the ENGI- NEER fail to make such dechion within a re~onable time, appeal to ~bi~tion may be ~ken ~ if his decision had been rendered against the party ~ppealini. 2.05 O~ECTIONS. In the event the ENGhNEER rende~ any ~hion wMch, opinion of either party hereto, h not in accordance with the meanini either par~y may file with the ENGINEER within thirty days hh written obj~tion ~ ~e dechion, and by such action may reserve the riiht to submit the qu~fion hereinafter provided. 2.06 LhNES AND GR.~ES. Unle~ otherwhe spec~, ~ ~n~ ~d gad~ ~ be furnished by the ENGINEER or his represen~tive. Whenever n~, co~cfion work ~1 he suspend~ to permit performance of thh work, b~t such s~on and the CO~TRACTOR sh~l be allow~ no extra compen~tion ~erefor. ~e CO~~OR shall live the ENGINEER ample notice of the time and place where ~n~ and ~d~ w~ be n~. ~1 stakes, marks, e~c., shall be carefully preserved by the CO~~OR, ~d ~ c~ of ~el~ destruction or removal by him or his employees, such stakes, marks, etc., ~all he ~placed at the CONTRACTOr'S expe~e. CONTRACTOR'S DUTY ~ND SUPERINTENDENCE- ~e CO,RAZOR shall five 2.07 attention to the faithful prosecution and completion adequate . the work, during i~ prolre~, a competent superintendent superintendent shall represent the CONT~A~OR in h~ absence ~d all directiom liven to him shall be as hindini ~ ii" ro the CONTRACTOR. ~'~ 'The CONTRACTOR is a t all times shall remain an indepen~ contractor, solely res'ponsible for the manner and method of completing his work under contract, with full power and authority to select the means, method and manner of performing such work, so long as such methods do not adversely affect the completed improvements, the OWNER and ENGINEER being interested only in the result obtained and conformity of such cotupleted improvements to the plans, specifications and contract. Likewise, the CONTRACTOR shall be solely responsible for the safety of himself, his employ- ecs and other persons, as well as for the protection of the safety of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. Engineer- ing construction drawings and specifications as well as any additional information concerning the work to be performed passing from or through the ENGINEER shall not be interpreted as requiring or allowing CONTRACTOR to deviate from the plans and specifications, the intent of such drawings, specifications and any other such instructions being to define with particularity the a~eement of the parties as to the work the CONTRACTOR is to perform. CONTRACTOR shall be fully and completely liable, at his own expense, for design, construction, installation and use, or non-use, of all items and methods incident to performance of the contract, ind for ali loss, damage or injury incident thereto, either to person or property, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precau- tions or devices, and similar items or devices used by him during construction. ~kny review of work in process, or any visit or observation during construction, or any clarification of plans and specifications, by the ENGINEER, or any agent, employee, or represen- tative of either of them, whether through personal observation on the project ske or by means of approval of shop drawings for temporary construction or construction processes, or by other means or method, is agreed by the CONTRACTOR to be for the purpose of observing the extent and nature of work completed or being performed, as measured against the drawin~ and specifications constituting the contract, or for the purpose of enabling CONTRACTOR to more fully understand the Plans and specifications so that the completed construction work will conform thereto, and shall in no way relieve the CONTRACTOR from full and complete responsibility for the proper performance of his work on the project, including but without limitation the propriety of: means and methods of the CONTRACTOR in performing said contract, and the adequacy of any designs. plans or other facilities for accomplishing such performance. Deviation by the CO..N'TR.ACTOR from plans and specifications that may have been in evidence during any such visitation or observation by the ENGINEER, or any of his representatives, whether called to the CONTKAC- TOR'S attention or not shall in no way relieve CONTRACTOR from his responsibility to complete all work in accordance with said plans and specifications. 2.08 CONTRACTOR'S UNDERSTANDING. -It is understood and agreed that the CON- TRACTOR has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encoun- tered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which .can ~ any way affect the work under this contract. No verbal agreement or conversation with any officer, agent or employee of the OWNER or ENGINEER either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. 2.09 CHARACTER OF WORKMEN. The CONTRACTOR agrees to employ only orderly and competent men, skillful in the performance of the type of work required under this contract, to do the work; and agrees that whenever the ENGINEER shall inform him in writing .that any man or men on the work are, in his opinion, incompetent, unfaithful Or disorderly, such man or men shall be discharged from the work and shall not again be employed on the work wkhout the ENGINEER'S written consent. 2.10 CONTRACTOR'S BUILDINGS. The building of structures for housing men, or the · ,; other forms of protection, will be permitted °nly at such places as the e. ec,,on of tents or - ENGINEER shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner sa: actory to the ENG[.~E?R. , '2..11 SANITATION. Necess; .~ sanitary conveniences for the use o orers on the work, properly secluded from public observation, shall be constructed and maintained by the CONTRAC- TOR 'in such manner and at such points as shall be approved by the ENGINEER, and their use sF.:tll be strictly enforced. 2.12 SFiOP DRAWINGS. The CONTRACTOR shall submk to the ENGINEER, with such promptness as to cause no delay in his own work or in that of any other Contractor. four checked copies, unless otherwise specified, of all shop and/or setting drawings and schedules required for the work of the various trades, and the E;NGINEER shall pass upon them with reasonable prompt- ness, making desired corrections. The CONTRACTOR shall make any corrections required by the ENGINEER, file with him two corrected copies and furnish such other copies as may be needed. The ENGINEER'S approval of such drawings or schedules shall not relieve the CoN~rRACTOR from responsibility for deviations from drawings or specifications, unless he has in writing 'called the ENGINEER'S attention to such deviations at the time of submission, nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. It shall be the CONTRAC- TOR'S responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required contract work in accordance with the plans and specifications and within the contract time. · Such .review by the ENGINEER shall be for the sole purpose of determining the sufficiency of said drawings or schedules to result in finished improvements in con/ormity with the plans and specifications, and shall not relieve the CONTRACTOR of his duty as an independent contractor as previously set forth, it being expressly unde~tood and a~eed that the ENGhNEF.,~ does not assume any duty tc~ pass upon the propriety 'or adequacy of ~ch d~awin~ or ~chedules, or any means or methods reflected thereby, in relation to the ~ety of either per, on or property during CONTRACTOR'S per. formance hereunder. : ; 2.13 ?RELLMiNARY'APPROVAL- The ENGLNEER shall not have the power to waive the obligations of this contract for the furnishing by the CONTR-~CTOR of goo~ mate:iai, and of his performing good work as herein described, and in full accordance '~'ith the plato and ~pec~ica- ~ons, No failure or omission of the ENGINEER to discover, object to or condemn any defec~-ive work or material shall release the CONTRACTOR from the obligations to fully and .properly perform the contract, including without limitations, the obligation to at once tear out, remove and properly replace the same at any time prior to final acceptance upon the discovery of r~id defective work or material; provided, however, that the ENGINEER shall, upon request of the CONTi~.C- TOR, inspect and accept or reject any material furnished, and in event the materhl has been once accepted by the ENGINEER, such acceptance shall be binding on the OV~t'N~R, unle~ it can be clearly shown that such material furnished does not meet the specifications for. thh york. Any questioned work may be ordered taken up or removed for re-examination, by the ENGINEER, prior to final acceptance, and if found not in accordance with the specifications for said work, all expense of removing, re.~xamination and replacement shall he home by the CONTRACTOR, otherwise the expense thus incurred shall be ~llowed u ET~TK.~ WORK, ~d shall be paid for by the OWNER; provided that, where inspection or approval ~i'spech'ically required by the specifications prior to performance of certain work, ~hould the CONTtL~.CTOR proceed with such work without requesting prior inspection or approval he ~ hear all expense of taking up, removing, and replacing this work if so directed by the ENGLXlEER. 2.14 DEFECTS AND THEIR REMEDIES. It is further a~reed that ~f the work or any part thereof, or any material brought on the site of the work for use in the work or r21ected for the same, shall be deemed by the ENGINEER as unsuitable or not in conformity ~fith the speci- fications, the CONTRACTOR shall, after receipt of written notice thereof from the ~NGLN'~ER, forthwith remove such material and rebuild or otherwise remedy such work ~o that it shall be in full accordance with this contract. 2.!5 CHANGES AND ALTERATIONS. The CONTRACTOR further agr~ that the O¥~E18. may make such changes and alterations ss the OWNER may see fit. in .the line. lrade, form, dimensions, plans or materials for the work herein contemplated, or any.part :hereof, either he£ore -or after the beginning o~' the construction, without at'f acting the validity of chis contract and the accompanying Per¢ormance and Payment Bonds. · .~it such chon=es or alterations ish the quantity of the work to be dc~they shall not .constitute the basis for a claim for damages, or anticipated profits on the w"~k that may be 'dispensed with, except as provided for unit price items under Section ,5 "Measurement and Pay- ment.'' If the amount of work is increased, and the work eon fairly be classified under the speci- · , aSnU.xc.~ increase shall be paid for according to the quantity actually done and at the unit items under Section 5 "bleasurement and Payment;" otherwise, such additional work shall be paid for as provided under Extra Work. In e=e the O~ER shall make such changes or alteratiom shall make use!e~ any work already done or material already furnished or us~ in said work, then the O%~ER shall recompense the CONTRACTOR for any material or labor so ~ed, and for any actual lo~ occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned. ' ' " .." "a. GENERAL OBLIGATIONS ~D RESPONSIBIL~I~ 8.01 KEEPhNG OF PLANS ~ND SPECIFICATIONS ACCESSIBLE. ~e ENG~ER sh~l furnish the CO~RACTOR with 'an adequate and re~onable number of copi~ of ~ec~icatio~ ~ithou~ expense to him, and the CONT~O~ shall keep one ~py of ~e ~'ae co~tantly acce~ible on the work, with the latest rev~ions not~ ~er~n. · : 3.02 OWNE~H~ OF D~WhNGS. AB drawings, apec~i~ti~ ~d copi~ ~ereof fm2h~ by the ~NG~EER $h~l not be reused on other work, and, with the ~xcepfion of ~e s~ contact se~, ~e to be returned to him on request, at the completion of ~e work. ~ mode~ ~e ~e property of the 3.03 ADEQUACY OF DESIGN. It ~ understood that the O~R beli~ it h~ employed compeeent engineers and designem It ~, therefore, a~eed that the 0~ ~ be ~o~ble for the adequacy of the design, ~fficiency of the Con.act DocumenM, ~e ~ety of ~ s~cture and' t~e prac~cab~igy of the operations of the completed project; prodd~ ~e CO~~OR h~ complied with the requiremen~ of the ~id Contact Document, ~ app~v~ modMi~tiom thereof, and additions and alteratio~ thereto approved ~ ~it~g by ~e O~ ~e burden of proof of such compliance shall be upon the CONT~&CTOR to ~ow ~at he h~ compli~ with the ~id requbemen~ of the Contract Documents, approved mod~catio~ ~ereo[ ~d ~1 app~ve~ additions and alteratio~ ~ereto. ~.04 RIGHT OF ENTRY. The O~R z~e~ the right to en~ ~e pro~ or l~ation on which the wor~ he~ein con.acted for are to be conducted or ~, by ~ Ment or Men~ ~ he may elect, for the purpose of inspecting the work, or for ~e pu~ of ~cfi~ ~ling such collate~ work ~ ~id O~ER may desks. 8.05 COLLATE~-~ CONTRACTS. The O~ER a~ to pro,de by ~te con.ct or othe~e, ~l ~bor and material e~ential to the completion of ~e work spec~ ~xclud~ this contract, ~ such manner ~ not to delay the pro~ of the work, or dm~e ~d CO~&C- TO~ except where such delays ~e specifically mentioned e~ewhere ~ ~e Con.ct D~umen~. 8.06 DISC~P~NCIES ~ND OMISSIONS. It ~ further a~e~ '~at it con~ac~ that ail work m~t be done and all material must be furn~h~ ~ accord~ce with ~e ~ener~ly accepted practice, and ~ the event of any d~crepanci~ bep~n the ~pmte con,act document, the priority of ~terpretation defined under "Con,act Documen~ the event that there ~ ~tiil any doubt ~ to the meaning and intent of any portion of ~e con.act, specificatio~ or drawings, the ENGINEER shall define which ~ intend~ ~ apply to ~e work. 3.0T EQUIPMENT, MATERI.~ ~ND CONSTRUCTION P~NT. The CO~ACTOR shall be respo~ible for the care, preservation,' conservation, and p~tection of ~ mate~a2, ~ supp[ie~, machinery',' equipment, tools, apparatus, acce~ories, facilities, all mea~ of construction, and any and all par~ of the work, whether the CONTRACTOR h~ been paid, p~tially paid, or not paid for such work, until the entire work ~ completed and accepted. 3.0S D.-LMAGES. In the t the CONTRACTOR is damaged in t ourse of the comple- {:i'on of. the work by the act, neglect, omission, mistake or default of t~'~e O\~,'NER, or of the E~GINEER. or of any other CONTRACTOR employed by the O\VNER upon the work. thereby causing loss to the CONTRACTOR, th~ OWNER {a~ees th,~t he will reimburse the CONTRACTOR for su~h.lo~. In the event the OWNER is damaged in the course of the work by the act, negligence, omission, mistake or default of the. CONTRACTOR, or should the CONTRACTOR unreasonably delay the pro~ress of the work being done. by others on the job so as to cause loss for which the OWNER becomes liable, then-the CONTRACTOR shall reimburse the O~,~,~ER for such loss. 3 09 PROTECTION AGA'INST ACCIDENT TO EMPLOYEES AND THE PUBLIC. The CO*T~ACTOR shall at all times exercise reasonable precautions for the safety of employees and others on or near thework and shall comply with all applicable provisions of Federal, ~tate, and Municipal safety laws and building and construction codes. All machinery and equipment and other p~'sical hazards shall be guarded in accordance with the "Manual of Accident Prevention in _ Construction" of the Associated General Contractors of America except Where i~ncompatible with Federal, State, or Municipal laws or regulations. The CONTRACTOR shall provide such machinery guards, safe walkways,.!adders, bridges, gangplanks, and other safety devices. The safety precautions actually taken and their adequacy shall be the sble responsibility of the CONTRACTOR, acting at his discretion as an independent contractor. 3.10 PERFORM.~qCE AND PAYMENT BONDS. Unless otherwise specified, it is furthe; agreed by the parties to this Contract that the CONTRACTOR will execute ~eparate performance and payment bonds, 'each in the sum of one hundred (100) percent of the total contract price, in standard forms for this purpose, guaranteeing faithful performance of the work and the fulfillment of any guarantees required, and further guaranteeing payment to all pe.,'sons suppllring labor and materials or furnishing him any equipment 'in the execution of the Contract, and it is agreed that this Contract shall not be in effect until such performance and payment bonds are furaished and approved by the O'~E1R.. Unless otherwise approved in writing by the O~,VNER, the surety company under,':tr, iting the bonds shall be acceptable according to the la,est list of companies holding ce;tk'icates of authority from the Secretary of the Treasury of the United States. Unless otherwise specified, the cost of the premium for the performance and payment bonds shall be included in the CONTRACTOR'S proposal. · 3.11 LOSSES FROM NATUR.-kL CAUSES. Unless otherwhe specified, all 1o~ or damage to the CONTRACTOR arising out of the nature of the work to be done, or from the action of the elements, or from any hnforeseen circumstance in the prosecution of the m~me, or from unuzual Obstructions or difficulties which may be encountered in the pros~ution of the work, ~hall be sustained and borne by the CONTRACTOR at his own cost and expense. 3.12 pROTEcTION OF ADJOINLNG PROPERTY. The .~ld CONTRACTOR droll tak~ proper means to protect the adiacent or adjoining property or propertie~ in any way encountered, which might be iniured or seriously affected by any proces~ of construction to be under~.aken under this Agreement, from any damage or injury by reason of rmid proce~ of construction; and he shall be I/able for any and all claims for such damage on account of his failure to fully protect all adioining property. The CONTRACTOR. agrees to indemnify, save and hold harmle~ the O',~..'NER and ENGINEER against any claim or claims fo'r damages due to any in|u~ to any adjacent or adioining property, arising or growing out of the performance of the contac*.; but any such indemnity shall not apply to any cla/m of any kind arhing out of the existence or character of the work. 3.13 PROTECTION AGAINST CLAIMS OF SUB. CONTRACTORS, La. BORERS, MATER- IALMEN .~ND FURNISHERS OF MACHINERY, EQUW.~IF~NT AND Sb?PLIES. The CONTRAC- TOR agrees that he will'indemnify and save the OWNER and ENGINEER harmless from all claitrm ~owing out of the' lawful' demands of sub-contractors, laborers~ workmen, mechanics, materialmen and furnishers of machinery and par~s thereof, equipment, power too~s, and all supplies, including commissary, incurred in the furtherance of the performance of this con~c~.; When so desired by the 0V¥'NER, the CONTRACTOR shall furnish satisfactory evidence tha~ ail oblig,aions of the t 'nature' hereir, ahove designated have been paid, discharged or waived. Ii theRACTOR fails · so to do, teen the O~,k~ER may at the option of the CONTRACTOR either pay directly any unpaid bills, of which the OWNER has written notice, or withhold from the CONTRACTOR'S ~'Nlnpaid compensation a sum of money deemed reasonably sufficient to liquidate any and all such ~a:vful claims until satisfactory evidence is furnished that all liabilities have been fully d~charged, ,,.hereupon payments to the CONTRACTOR shall be resumed in full, in accordance with the terms of tESs contract, but in no event shall the provisions of this sentence be construed to impose any obligation upon the OWNER by either' the CONTRACTOR or hh Surety. 3.14 PROTECTION AGAhNST ROYALTIES OR PATENTED hNVENTION. The CON- TRACTOR shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable l~al agreement with the patentee or owner. The CONTRACTOR shall defend all suits or claims for infringement any patent or copyright rights and shall indemnify and save the Otk,.~ER and ENGINEER harmless from any loss on account thereof, except that the O'~IER shall defend all such suits and claims and 'shall be responsible for all such loss when a particular design, 'device, material or process or duct of a articular manufacturer or manufacturers is specified or required by the ~.WNER; the pro P .......... ~--:~ ,4or,ce material or nrocess is allow~ to the provided, however, i~ choice o£ a~rernare u~,~,,, ..~ · , - CONTRACTOR, then CONTRACTOR shall indemnify and save OI,%i'NER harmless from any loss on account thereof. II b:e material or process specified or required by the OWNER is an infringe- ment, the CONTRACTOR shall be responsible for such loss unless he promptly gives such information to the OWNER. 3.1~' LAWS ,~NID ORDIaNA.NCES. The CONTRACTOR shall at all tim~ observe and comply with all Federal, State and local laws, ordinances and regulations, which in any manner affect the conrrac: or the work, and shall indemnify and save harmless the OWNER and ~NGh'C~R agains~ any claim arising ~rom the violation of any such laws, ordinances, and re~,alations whether by the C(~NTRACTOR or his employees, except where such violations are called for by the provisions of the Contrac'. Documents. If the CONTRACTOR observes that the plans and specifications are at. variance therewith, he shall promptly notify the ENGhNEER in writing, and any necessary' chanles shall be adjusted as provided in the contract for changes in the work. II the CONTR.AC- TOR performs any work knowing it to be contrary to such laws, ordinances, rules and re~ulations, and wkhout such notice to the ENGENEER, he shall hear all costs arising the.,-~Irom. In cme the O~,~EP, is a body politic and corporate, the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the O'~ER may enter into contract, shall be controlling, and shall be considered as part of this contract, to the same effect as th°uth embodied herein. : 3.16 ASSIGNbiENT A~ND SUBLETTI~NG. The CONTRACTOR further ~rees that he will retain personal control and will give his personal attention to the fulfillment of this contract and that he will not amish by Power of Attorney, or otherwise, or sublet said contract without the written consenL'~tof the ENGIaNEER, and that no part or feature of the work will be sublet to anyone objec:ionable to the ENGINEER or the OWNER. The CONTRACTOR further that the subletting of any portion or feature of the work, or materials required in the lmrformance of th~ contract, shall not relieve the CONTRA~OR.from his full oblilations to the OWNER, as provided by this Agreement. " 3.17 INDEMNIFICATION. The CONTRACTOR shall defend, indemnify and hold harmless the OWNER and the ENGINEER and their resoective officers, a~ents and '~mploy~, from and against all damalles` claims, losses, demands, suits, judiments and costs, includini reasonable acrorr, e'!s' fees and expenses, arisin~ out of or resultin~ from the performance of ~e work, provided that any such damages, claim, loss, demand, suit, judgment, cost or expense: (1) Is attributable to bodily injur'/, sickness, disease or death or to iniur'/ to or destruc'.ion of tangible property (other than.the work i~r.~elfl inctudinl the l°ss of use resukin~ therefrom; and. G-? (2) Is caused in whole or in part by any negligent act mission o~ the Contractor, any Subcontractor, anyone directly or indirectly employed by any one of them or anyone for whose acts any of them may be liable, re~lardless of whether or not it is caused in part by a party indemnified hereunder. The obligation of the CONTRACTOR under this Para-~raph shall not extend to the liability of the ENGINEER, his agents or employees arising out of the preparation or approval of maps, drawings, reports, surveys, Chan~e O~ders, designs or speciflc-,tions, or the giving of or the failure to give directions or instructions by the ENGINEER, his a~ents or employees, provided such givin~ or failure to give is the primary cause of the iniury or 3.1S INSURANCE. The CONTRACTOR at his own expense shall purchase, maintain and keep in force such insurance as will protect him from claims s~t forth below which may arise out of or result from the 'CONTRACTOR'S operations under the Contract, whether such operations be by himself or b'y any Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (1) Workmen'-', ~ompensation claims, disability benefits and other similar employee benefit acts; (2) Claims for damages because of bodily iniury, occupational sickness or disease, or death of his employees, and claims insured by usual bodily injury liability coverages; (3) Claims for damages because ~f bodily injury, sickness or disease, or death of any person other than his employees, and clain{s insured by us,iai bodily injury liabilky coverages; and (4) Claims for damages because of injury to or destruction of tangible property, including loss, of use resulting therefrom. 3.18.1 CERTIFICATE OF INSURA~NCE. Before commencing any of the work, CONTRAC- TOR shall file wkh the OWNER valid Certificates of Insurance acceptable to the OWNER and the ENGhNEER. Such Certificates shall contain a provision that coverages ~forded under the policies will not be cancelled until at least fifteen days' prior written notice has been ~iven to the OWNER. The CONTRACTOR shall also file with the OWNER valid Certificates of Insurance covering all sub-contractors. 4. PROSECUTION AND PROGRESS 4.01 TLME AND ORDER OF COMPLETION. It is the meanin~ ~d intent of this con~act, unless otherwise herein specifically provided, that t.h~. CONTRACTOR shall be glowed to prosecute his work at such times and seasons, in such order of precedence, and in such manner as shall he most conducive to economy of construction: provided, however, that the order and the time of prosecution shall be such that the work shall be substantially completed as z whole and in par;, in accordance with this contract, the plans and specifications, and within the time of completion designated in the Proposal; provided, also, that when the OWNER is having other work done, ekher by contract or by his own force, the ENGINEER may direct the time and manner of constructing the work done under this contract, so th.~t conflict will be avoided and the construe;ion of the various works beinl done for the OWNER shall be harmonized. The CONTRACTOR shall submit, a~ such times as m.~y reasonably he reques;ed by the ENGINEER, schedules which shall show the o~der in which the CONTIL-kCTOR proposes m carry on the work, with dates at which the CONTRACTOR will st.srt the several parta of ;he work, and estimated dates'o£ completion of the several p-~r~s. G-8 · ,, ,,.- ,.---. ,,~ ,.,, ' ,4.'0"- .r..~,~r.~.,.v~. - ..,._._. ~.~ ~"e OWNER or ENGINEER, ~r of any empiok'ee ? e,tn~., of the work ~Y any act or ne~e~ ~..,, _ x.'p nr hv hanses orde.ed in th~wor~, or oy · ontractors employed by the OWt~.., -- -. c . · .... . ...... or b> other c .. , , ~ ~__- ~ ...... ~- . ' or u~avot~aDle c~e or cau~ strikes, lockouts, l~res, ann unusua~ ue~ay= o~ -~, ......... arrlers, Obeyond the CONTRACTOR'S control, or by any cause which the ENGINEER shall decide justifies the delay, then an extension of time shall be allowed for completing the work, sufficient to compensate for the delay, the amount of the extension to be determined by the ENGINEER, provided, however, that the CONTRACTOR shall give the ENGINEER prompt notice in writing or the cause or such delay. 4.03 HINDRANCES AND DELAYS. No claims shall be made by the CONTRACTOR for damages resultin~ from hindrances or delays from any cause (except where the work N stopped by order of the O~%~ER) during the progre~ of any portion ot the work embraced in thN contract. In case said work shall be stopped by the act of the OWNER, then such expeme ~ in fl~e ]udlment or the ENGINEER N caused by such stoppage ot said work shall be paid by the O%~ER ~ the CONTRACTOr. 5. MEASUREMENT AND PAYMENT 5.01 .QU.a~NTITIES AND MEASUREMENTS. No extra or customary measurements of any kind will be allowed, but the actual measured and/or computed length, area, solid contents, number and weight only shall be considered, unless otherwis~ specifically provlded~ 5.02 ESTLMATED QU.~NTITIES. This agreement, includin~ the speck'ications, plans and es'.imate, is intended to show clearly all work to be done and mate.iai to be fumis,hed hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only ~s a basis for estimat{ng the probable cost of the work and for comparing the proposals offered for the work. It is underst, ood and agreed that the actual amount of work to be done and material to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of such work done and the material furnished. Where payment is based on the unit price method, the CONTRACTOR a~rees that he will make no claim for damages, anticipated profits or otherwise on account of any dilferences whic.h may be found between the quantities of work actually done, the material actually furnished under this contract and the estimated quantities contemplated and contain~,d in the proposal; provided, however, that in case the actual quantity of any maior item should become as much as 20% more than, or 20% less than the estimated or contemplated quantity for such items, then either party to this Agreement, upon demand~ shall be entitled to a revised consideration upon the portion of the work above or below 20,% of the estimated quantity. A "Major Item" shall be construed to be any individual bid item incurred in the proposal that has a total cost eq'ual to or greater than five (5) per cent of the total contract cost, computed on the basis of the proposal quantities and the contract unit prices. Any revised consideration is to be determined by agreement between the parties, otherwise by the terms of this Agreement, as provided under "Extra Work." 5.03 PRICE OF WORK. In consideration of the furnishini of all the necemary labor, e,auipment and material, and the completion .of all work by the CON~I'RACTOR, and on the c~mpletion of all work and ot the delivery of all material embraced in this Contract in full conformity with the specifications and stipulations herein contained, the OWNER agrees to pay the CONTRACTOR the prices set forth in the Proposal hereto attached, which has been made a part of this contract. The CONTRACTOR hereby agrees to receive such prices in full for furnishing all material and all labOr required for the aforesaid work, also for all expense incurred by him, and rot well and truly performing the same and the whole thereof in the manner and according to this Agreement. G-9 5.04 PARTIAL PAYMENTS. On dr before the 10th day of each n~o the CONTRACTOR shall prepare and submit to the ENGINEER for approval or modification a statement showing as completely as practicable the total value of the work done by the CONTRACTOR up to and including the last day of the preceding monde: said statement shall also include the value of all sound materials delivered on the site of tl~e work that are to be fabricated into the work. 2'he OWNER shall then pay the CONTRACTOR on or before the 15ch day of the current month the total amount of the approved statement, less 10 ~er cent of the amount thereof, which 10 per cent shall be retai.ed until final payment, and further ~e~ all previous payments and all further sums that may be tetah~ed by the OWNER under the terms of th~ Agreement. It is understood, however, that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no fault or neglect on tl~e pa~t of the CONTRACTOR, the OWNER may-upon written recommendation of the ENGINEER-PaY a reasonable and equitable portion of the retained percentage to the CONTRACTOR; or the CONTRACTOR ~t the OWNER'S option, may be relieved of the obligation to fully complete the work and, thereupon, the CON- TRACTOR shall receive payment of the balance due him under the contract subject only to the conditions stated under "Final Payment." 5.05 USE OF COMPLETED PORTIONS. The O~ER shall have the right to rake po~e~ion of and ~e any completed or partially completed portions of the work, not~ithst~ding the t?e for completing the entire work or such portio~ may not have expir~ but ~ch ~kin~ po~em~on and use shall not be deemed ~n acceptance of any work not completed ~ accordance ~qth the Contract Documents. If such prior use incre~es the cost of or delays the work. the COh~EACTOE of time, or both, ~ the ENGINEER may shall be entre .d :o such extra compensation, or extension determine. - The CON.ACTOR shall notEy the ENGINEER when, in the CO~A~OR'S o~in[on, the contract ~ "substanfiMlY completed" and when ~ notify~ the ENGH~E~ the CON.AC- TOR shall furnish to the ENGINEER in writing a detailed ~t of unfi~hed work. ~e ENGLNEER will review the CONTRACTOR'S l~t of unfinished work an~ will add ~e~eto such ite~ ~ the CONTRACTOR h~ failed to include. The "substantial completion" of the structure or facHky sh~l hOC excuse the CONTRACTOR from performing all of the work unde~aken, whether ota minor or ma]or nature, and :hereby completing the structure or facility in accordance wkh the Con:tact Documents. 5.06 FINAL COMPLETION AND ACCEPTANCE. %¥khin ten (10) days ~tet ~e CON-' TRACTOR h~ given the ENGINEER written notice that ~e work h~ b~a substantially completed, the ENGLNEER and the 0%~ER sh~ ~pect the wo~ an~ within said time, if the work be found to be completed or sub~ant~lly complet~ ~ accord~ce with the Contrac~ Document, the ENGINEER shall ~ue to the O%~R and the COCA'OR Certificate of Completion, ~nd thereupon it shall be the duty of ~e OWh~R wi~in ~n (10) days to ~ue a Certificate of Acceptance of the work to the CON~A~OR or ~ adze ~e CONT~%C- TOE in writing of the reason for non. acceptance. 5.07 FIN.~ PATIENT. Upon the ~uance of the Ce:~cate of Comphtion, ~e ENGI- NEER shall proceed to make final me~uremen~ and prepge f~ statement of the work perform~ and materia~ furnished under the terms of ~e ~eement and ~ certEy to the OWNER, who shall pay to the CONTRA~OR on or ~ter the ~ day. and before the 35~h day, after the date of the Certificat~ of CompletiOn, the balance due ~e CO~P,~CTOR under the terms of this Agreement, provid~ he h~ fully perform~ h~ conic:ual under the terms of this contract: and said payment shall become due ~ any event upo~ ~id performance by the CONTRACTOR- Neither the Certificate of Accep~ce nor the final p~ymen:, nor any provision in ~he Con~ract Document, shall relieve the CONTRACTOR of the obligation for fulfillment of any warranty which may be required. 5.0S PAYMENTS WITHHELD. The OWNER may, on account of subs~uendy dhcover~ evidence, withhold or nullify the whole or par~ of any certificate to such extent as may be necessary ~o protec~ himself from 1o~ on accoun~ Method (A)-By agre.d unit prices; or Method (B)-By agreed lu,np sum; or Method (C)-I£ neither Method (A) nor blethod (B) be agreed upon before the Extra Work is commenced, then the CONTRACTOR shall be paid the "actual field cost" of the work, plus fifteen (15) percent. In the event said Extra Work be performed and paid for under Method (C), then the pro- visions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost to the CONTRACTOR of all workmen, such as foreman, timekeepers, mechanics and laborers, and materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such Extra Work, plus actual transportation charges necessarily incurred, together with all power, fuel, lubricants, water and similar operating expenses, also all necessary incidental expenses incurred directly on account of such Extra Work, including Social Security, Old Age Benefits and other payroll taxes, and, a rateable proportion of premiums on Performance and Payment Bonds and Maintenance Bonds, Public Liability and Property Damage and Workmen's Compensation, and all other insurance as may be required by any law or ordinance, or directed by the OWNER, or by them agreed to. The ENGhNEER may direct the form in which accounts of the "actual field cost" shall be kept and the records of these accounts shall he made available to the ENGLNEER. The ENGINEER or OWNER may also specify in writing, before the work commences,-the method of doing the work and the type and kind ot machinery and equip- ment to be used; otherwise these matters shall be determined by the CONTRACTOR. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100 per cent, unless otherwise specified, of the latest schedule of Equipment Ownership Exoensc adopted by th~ Associated General Contractors of America. Where practic~,ble the reruns and prices for the use of machinery and equipment shall be incorporated in the Written Extra Work Order. The fifteen (15%) per cent of the "actual field cost" to be paid the CO[N'TRAC- TOR shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the "actual field cost" as herein defined, save that where the CONTR~CTOR'S Camp or Field Office must be maintained primarily on account of such Extra Work; then the cost to main~n and operate the same shall be included in the "actual field cost." No claim for Extra Work of any kind will be allowed unless ordered in writing by the ENGINEER. In case any orders or instructions, either oral or written, appear to the CONTRAC- TOR to involve Extra Work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the ENGhNEER for written order authorizing such Extra Work. Should a difference of opinion arise as to what does or does not constitute Extra Work, or as to the payment therefor, and the ENGhNEER insists upon its performance, the CONTRACTOR shall proceed with the work after making written request for written order and shall keep an accurate account of the "actual field cost" thereof, as provided under Method (C). The CONTRACTOR will thereby preserve the right to submit the matter of payment to arbitration, as hereinbelow provided. 6.04 TLAIE OF FILING CLAI0.MS. It is further agreed by both parties hereto that all questions of dispute or adiustment presented by the CONTRACTOR shall he in writin~ and filed with the ENGINEER within thirty (30) days after the ENGI1NEER ha~ ;,iron any directions, order or instruction to which the CON~fRACTOR desires to take exception. The ENGINEER shall reply within thirty (30) days to such written -xcept:.ons i:y the CONTRACTOR and render his final decision in writing. In case the CONTRACTOR should appeal from the F~NGBNEER'S decision, any demand for arbitration shall be filed with the ENGh-NEER and the OWNER in writing within ten (10) days after the date of delivery to CONTRACTOR of the ENG~'EER'S final dec[sion. It is further agreed that final acceptance of the work by the OWNER and the acceptance by the CONTRACTOR of the final payment shall be a bar to any claims by either party, except where noted otherwise in the Contract Documents. 6.05 ARBITRATION. All questions of dispute under this Agreement shall be suhmkted to .~rbkradon a~ the reques~ of either par'.y to the dispute. The parries may a~ee upon one . arbker, other;vise, there shail be three, one named in writing by each party, and the third chosen G-12 e - ,- ~- -~- '"' by the t;vo arbiters so select,~ or if the arbiters f.~il' to select a th }thin ten (10) d.~ys, he shall be chosen by a District judge serving the County in which the ma]or portion of thc project is located, unless otherwise specified. Should the party demanding arbitr.~tion fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse, and the decision of the ENGINEER shall be final and binding on him. Should the other party fail to choose an arbiter within ten (10) days, the ENGINEER shall appoint such arbker. Should either p~rCy refuse or neglect to supply the arbiters with any papers or information demanded in writing, the arbiters are empowered by both parties to take ex porte proceedings. The a;biters shall act with promptness. The decision of any two shall be binding on both parties to the contract. The decision of the arbiters upon any question submitted to a:bkration under this contract shall be a condition precedent to any right of legal action. The decision of the arbiter or arbiters may be filed in court ia carry it into effect. The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sustained, such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The arbiters shall fL, c their own compensation, unles~ otherwise provided by agreement, and shall assess the cost and charges of the arbitration upon either or both parties. The award of the arbiters must be made in w~iting. ,~. ABANDONMENT OF CONTRACT · · ' - ' "· " abandon BY CONTRACTOR- In case the CONTI:L~.CTOR should ABANDONMENT - · ...... ,~ ~-~,~ -~ter written notification from the O~'ER, and fail or refuse to resume work w~nm ~en ~zv~ ,.,-j- .- ~' or the ENGINEER, or if the CONTRACTOR fails to comply with the orders of the F..NGLNEER, when such orders are consistent ~with the Contract Documents, then, and in that case, where performance and payment bonds exist, the Sureties on these bonds shall be notif'~l in writing and directed to complete the work, and a copy of said notice shall be delivered to the COh'TtLz. CTOtL A/tot receiving said notice of abandonment the CONTR-t. CTOR shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under contract for the work, may be held for use on the work by the OVv~ER or the Surety on the performance bond, or another contractor in completion of the work; and the CONTRACTOR shall not receive any rental or credit therefor (except when used in connection with Extra Work, where credit shall be glowed as provided for under Section 6, Ex,.fa Work and Claims), it being understood that the use of such equipment and materials v-ill ultimately reduce the cost to complete the work and be reflected in the final settlement. Where there is no performance bond provided or in ease the Surety should fail to commence compliance with the notice for completion hereinbefore provided for, within ten (10) days after service of such notice, then the OWNER may provide for completion of the work in either of the following elective manners: 7.01.1 The OWNER may thereupon employ such force o~ men and use such machine~y, equipment, tools, materials and supplies as' said OWNER may deem necezr~, to complete the work and chaxge the expense of such labor, machinery, equipment, tools, materials and supplies to said CONTRACTOR, and expense so charged shall be deducted and paid by the O~,9'.~ER out of such moneys as may be due, or that may thereafter at any time become due to the CO~'TR.AC- TON. under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the .same had been completed by the CONTN. ACTOR, then said CONTRACTOR hhall receive the difference. In case such expense is g~eater than the sum which would have been payable under this contract, if the same had been completed by said CONTRACTOR, then the ~ONTRACTOR and/or his Surety shall pay the amount of such excess to the OWNEN.; or 7.01.2 The O'~ER under sealed bids, after five (5) days notice published one or more times in a newspaper having general circulation in the county of the location of the work, may le~. the contrac: for the completion of the work under substantially the same te:.,ns and conditions which are provided in this contract. In case any increase in cost to the OWNER under the new con,sac', as compared to what would have been the cost under this cont_r~ct, ~ach inc?.,,e shall be ..... -charged to the COI:qTRACTOR and the Surety shall be and remain bound therefor. However, should the cost to complete any such new contract prove to be le~ than what would h-~ve been the cos: to comple~-e under this contract, the CONTRACTOR and/or his Surety shall be credited therewith. G-13 · - :--~ ~ t,Vhen the work shall have been substantia Y completed the CONTRA and his Surety shall be so notified and Certificates of Completion and Acceptance, as provided in Paragraph 5.06 hereinabove, shall be issued. A complete itemized statement of the contract accounts, certified to ~by the ENGINEER as being correct, shall then be prepared and delivered to the CONTRACTOR ~a-~ his Surety, whereupon the cONTRACTOR and/or his Surety, or the OWNER as the case may be, shall pay the balance due as reflected by said statement, within fifteen (15) days after the date of such Certificate of Completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the OWNER had the work been completed by the CONTRACTOR under the terms of this contract; or when the CONTRACTOR and/or his Surety shall pay the balance shown to be due by them to the OWNER, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned 6vet to the CONTRACTOR and/or his Surety. Should the cost to complete the work exceed the contract price, and the CONTRACTOR and/or his Surety fail to pay the amount due the O~"NER within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of ~uch.equipment and materials, shall be mailed to the CONTRACTOR and his Surety at the respective' addresses designated in this contract, provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such proper~ shall be held at the risk of the CONTRACTOR and his Surety subject only to the duty of the OWNER to exercise ordinary care to protect such property. After fifteen (15) days from the date of said nonce the O'~ER may sell such machinery, equipment, tools, materials or supplies and apply the net ~um derived from such sale to the credit of the CONTRACTOR ~nd his Surety. Such sale may be made at either public or private sale, with or without notice, as the OWNER may elect. The O~qq~:R shall release any machinery, equipment, roofs,~ materials, or supplies, which remain on the work, and belong to pe.,~ons other than the CONT1R.ACTOR or his Surety, to their proper owneD. The boo~ on all operations provided herein shall be open to the COh'TR~,CTOE and hi~ Surety. */.02 ABANDONMENT BY OWNER. In case the OWiNER shall fall to comply ~ith the ~ terms of this contract, and should fail or refuse to comply with said terms witMn ten (10) days after wrkt. en notification by the CONTRACTOR, then the CONTRACTOR may suspend or wholly abandon the work, and may remove therefrom all machinery, tools and equipment, and ail materials on the site of work that have not been included in payments to the CONTRACTOR and have not been wrought into the work. And thereupon the ENGLNEER shall make an estimate of the total amount earned by the CONTRACTOR, which estimate shall include the value of all work actually completed by said CONTRACTOR (at the prices stated in ',he attached proposal · where unit prices are used), the value of all partially completed work st a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided tot by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the CONTRACTOR to catXy the whole work to completion and which cannot be utilized. The ENGINEER shall then make a final Statement of the bal~,nce due the CONTIL~.CTOR by deducting from the above estimate all previous payments by the OWNER and gl other sums that may be retained by the O%%~'ER under the terms of this A~eement and shall certify same to the OWNER who shall pay to the CONTRACTOR on or before thirty (30) days after the date of the notification by the CONTRACTOR the balance shown by said final statement as due the CONTtL~CTOR, under the terms of this Agreement. G-14 CITY OF COPPELL, TEXAS CONSTRUCTED FOR THE CITY OF COPPELL, TEXAS BY GENERAL HOMES CORPORATION PRO3ECT MANUAL FOR CONSTRUCTION Prei~red Espey, Huston & Associates~ Inc. 17811 Waterview Parkway Dallas~ Texas 75252 October 1986 TABLE OF CONTENTS NOTICE TO CONTRACTORS BID SCHEDULE STANDARD FORM OF AGREEMENT PERFORMANCE BOND PAYMENT BOND GENERAL CONDITIONS SPECIAL CONDITIONS SUMMARY OF ~VORK NOTICE TO CONTRACTORS PARK WOOD DRAINAGE CHANNEL IMPROVEMENTS Sealed bids addressed to General Homes Corporation will be received until 2500 P.M., C.D.Y., November 13, 1986, by General Homes Corporation~ 15301 Dallas Parkway, Suite 1020, Dallas, Texas 752t~8, for providing all labor, materials, equipment, tools and related items for performing aU work required to construct Parkwood Drainage Channel Improvements. The work to be performed under this contract shall include furnishing ail labor, materials, tools, equipment and incidentals, and performing all work, required for the construction of the channel improvements. These improvements shall consist of approvemately 375 lineal feet of concrete lined channel including unclassified channel excavation, borrow, hydro mulching, drain pipe and concrete rlprap. Proposals shall be accompanied by a certified or cashier's check on a state or national bank in an amount not less than five percent (596) of the possible total of the bid submitted, payable without recourse to General Homes Corporation, or an acceptable bid bond for the same amount, from a reUable surety company, as a guarantee that the bidder enter into a contract and execute required Performance and Payment Bonds within ten (10) days after notice of award of contract. The notice of award of contract shall be given to the successful bidder within thirty (30) days following the opening of bids. The successful bidder must furnish Performance Bond upon the form provided in the amount of one hundred percent (100%) of the contract price and a material and labor Payment Bond upon the form provided in the amount of one hundred percent (100%) of the contract price, from an approved surety company holding a permit from the State of Texas to act as surety, or other surety or sureties acceptable to the Owner. The right is reserved, as the interest of the Owner may require, to reject any and all bids, to waive any informality in the bids received~ and to select bids best suited to the Owner's interest. Copies of the plans, specifications, and bidding documents are on file and may be examined and/or obtained at the office of General Homes Corporation, 15301 Dallas Parkway, Suite 1020, Dallas, Texas 752~8, 21t~/392-9200. BID SCHEDULE Item # Spec# Estimated (~uantity Unit Description Unit Price Amount :3.5 212 C.Y. Unclassified Channel Excavation and dollars cents 3.6 1133 C.Y. Borrow 3.10 16§0 and dollars cents Hydro Mulching (Type II) and dollars cents 6.7.~ 1# LoFo 30" Reinforced Concrete Pipe Storm Drain CL III and dollars cents BS.-I ' · O O BID SCHEDULE (Concluded) Item # Spec# Estimated C~uantity Uni,.t Description Unit Price Amoun, t 266.3 C.Y. Concrete Riprap Class A and dollars cents TOTAL BS-2 · )ANDA D 0IV to Idld l, qd Couml STAT~ OF TEXAS I~ (:~OUNTY O~ · THIS AGREEMENT, numb ~ en~ in~ th~ ~ ~ D. l0 , by ~ ~ of the County of ~ Storm of Tezaa, ~ctinw throufh PM'ty of tho First Part. horeina~tor Mrmed OWNER, of the City of and State or CONTRACTOR. WTr~KSSETH: County or Party of the Seoond Part, hereinafter termed That for and in consideration of the payments and aWresments herein. after mentioned, to be made and performed by tho P~rty of tho First PM, t (OWNl~t), and under the conditions expressed in the bond bearittw even date herewith, the said Party of the Second P&rt (CONTRACTOR). hot,by aWree~ with the said Party of the First Part (OW~EIt) to commence and complete the consUvction of certain improvements des~ribad ns follows: and ali extra work in conMetiou thermwith, under tho terms ~d stated in the Gener~ Conditions of the Arreemont and at his (or their) own proper coot and expense to furnish 811 the m~ter~is, suppLbs, rnsdiiMry, equipment, tools, superintendenm, labor, insurance, and other accessories and services nocesmry to complete the mid construction, in ~ with ~ho conditions end prices stated in the Pzopoml &ttedud homto, and in amordaace with the Notice to ¢ontzseton. ~,noral ami Special Conditions of Awresment, Phns and other drtwinss snd printed or written explanatory nmttsr thereof, and the Spedflm~ and addend~ therefor, u prepared by herein entitled the ENGINEER, each, of which has been identified by the CONTRACTOR and the ENGINEEI~ together with the CONTRACTOR*S written Prolxx~l. the General Conditions of the Airreemeflt. and the Performance and Payment Bomb hereto attached: ail of which are made · ~ part hereof and collectively evidence and constitute the entire contract. The CONTRACTOR hereby &frees to commence work within dn (tO) days &t'tor ohm dim w~t~en notice Co do so shall have been liven to him, &nd to 8ulMU~_ tisliy coml)bto the stone cAlenchr da~ within workinf days after the chto of the writton no~ce ~o commence work, subject to such extensions of ~ime ,d m~ provid4d by the ~,ensled &nd Special Conditions. THE OW~qER ifrfls to psy the CONTRACTOR in eurnnt rundo the price or prices shown in the proposal, which forms · ~ af ~ contract, such p&]fluento ~o be subjec~ to the General and Spoci~l Conditions of the contruet. IN W1T~ESS WHEREOF, the peffb4 to them mU have execuMd this Afrflment in l'sr~y of tim IPimt Pm (OWNBB) Puf~ of tho SNoUd Pen (CO.q'I*RACTOIt) B~,: , BF: A'I'I*EST: ATE'EST: COt;STY OF ; KNOW ALL MEN BY ~E PRESENTS: That . , · , of the City of ,, .,, County of , and State of, . authorized under the lays of the State of Tens to a~t er sututy om bonds roe principals, ate held and firmly bound unto (Owner), in the peal mm of. . . Delian tar the payment wheat, the said Principal and Sumy bind chemdv~ and their bin, administrators, exacutom, sueeemors and ~ jointly and erve,~ly, by the peemm~ WttEREA,q, the Principal has entered into a cm~aln written contract with the Owner. dated the day of . ,19 . to which contract is hm, eby referred to and made a part herenf 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 raspacts cluly and faithfully observe and perform afl and sin~dar the covenants, conditions and ajrooments in and by said contract alre4d and covenanted by the Principal to be obestvod and performed, and accordin[ to the true intent and meaning of said Contract and tho Plato and Specifications hereto annexed, then this oblifation shaft be void; otharvias to remain in f~ull rare, and effect: "PROVIDED. HOWEVER~ that this bond is executed pursuant co the provisions of (Article 5160 for Public Work) (Article 5472d for Private Work)* o! 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 lenjth herein." Surety,-for value received, stipulates and qroas that no chan~, extension of time, almration or addition to the terms of the contract, or to the work performed thereunder, or the plans, spaci. fieations* or drawinas accompanying tho same, shall in anyway afract its obligation on this *Not applJanbb for federal work. See "Tho Miner Act," 40 U~.C. S270. O' 0 bond, and it does hereby waive notice of any such eh~nlt, e2L'Mm~ba Of ~ dtm, uE~Jon of miditiou to the terms of the contrMt, or to the work to bo performmi thereufder. rnent th_~m day of , XO . Tit~- Tt~b The name and addrus of the Resident Aleut of Surety is: PArMmer BOND ll2qOW ALL 21(Z~ BY THESB PRES~: Tht the city of County or , and State of, principal, and authorized under the hw8 of the State of Texas to act u surety on bonds for principe~ are held and firmly bound unto (OWlm'). in the penal sum of , l)oflm~ ($ ) for the payment whereof, tb said Prineipal and Surety bind themodvas and their heirs, admint~ tratore* executors, succe#ors and asalfnL jointly and severmily, by t~ pfemento: V,'HERE~ the Principal has entered into a certain written contract with the Ownor, dated tbs d~y of , 19 , to which contract ia hereby referred to and made · pert hereof as fully and to the smme extent as if copied st lenwth herei~L Now. THEREFORE, THE cot~Dmog OF Tam OBLIGATION IS SUCH, that if the said Prtnclpal shall pay' all chinmnts supplying labor and m&terinl to him or · subeontraetOl* in the pro#eution of tho work provtdod tot* in said contract, then. this oblifat~on shall be void; other.wise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant co the provisions of Article 5160 of the Revised Civil Statutes o! Texas es amended and ail liabilities on this bond 'shall be determined in accordance with the provisions of said Article to the smite extent as if it were copied at tenfth herein. Sure~, for value received, ~clim~tm ami a~.em that no chenWo, extenftou of time, alteration or addition to the terms of tho eentraet, or to the mork performed thereunder, or the plans, sp~fleatious or dmwinfs mmompanytz~ tho .qemm, shall in a~n~mo &fleet its oSilfutton on this bond, and it dom hereby ~uive notice of ,ny suds ebnfe, extension of thno, dteetSoa of ~ ~o the terms of the contract, or to the work to bo performed tbezeudef. llq WITlqES8 WHERFJ:)I~, the mid Prlndlml s~d Surety hsve si~ued and #sled this insu~. merit ~M, clay or ~9 . ~It~e The nmne end address of the Resident Afent of Surety is: GENERAL CONDITIONS General Conditions and Materials and Construction Methods of Contract shall be as stated in the Standard Specifications for Public ~/orks Construction~ North Central Texas Council of Governments (NCTCOG) (1983~ with subsequent amendments thereto) and as amended in these Specifications. In the event of a conflict these Specifications shall take precedence over the NCTCOG Specifications, GC-I SPECIAL CONDITIONS SC.I GENERAL The "General Conditions of Agreement" shall be those set forth in the current Standard Specifications for Public Works C0nstr~tion published by the North Central Texa~ Council o! Governments, "NCTCOG,# .~hd 'shall be maintained unless there exists a conflict with the provisions of this section, in which case the provisions of the Special COnditions shall govern. SC.2 ENGINEER The word "Engineer" in these documents shall be understood as referring to Espey, Huston & Associates, Inc., 17811 Waterview Parkway, Dallas, Texas 75252. SC.3 OWNER The word "Owner" in these documents shall be understood as referring to General Homes Corporation. SC.t~ LOCATION OF PRO3ECT This project is located in the northeast portion of the City of Coppell, wholly in Dallas County, Texas. SC.5 SCOPE OF WORK The work to be performed under this contract shall include furnishing all labor, materials, tools, equipment and incidentals, and performing ail work required for the construction of the channel improvements. These improvements shall consists of approximately 375 lineal feet of concrete lined channel including unclassified channel excavation~ borrow, hydro mulching, storm drain pipe and concrete riprap. SC.6 FORMSt PLANS AND SPECIFICATIONS Copies of the plans, specifications, and bidding documents are on file and may be examined and/or obtained at the office of General Homes Corporation, 15301 Dallas Parkway, Suite 1020, Dallas, Texas 7~2~8, 21~/392-9200. SC.7 EXAMINATION OF SITE OF PRO3EC.T Bidders shall satisfy themselves as to the subsurface conditions which may be encountered in the prosecution of the work by making borings, digging test pits, or by such other means as they may prefer. SC-I I O O SC.g ADDENDA Bidders desiring further information, or interpretation of the plans and specifications, must make request for such information to the Engineer prior to forty-eight (~8) hours before the bid opening. Answers to all such requests will be given in writing to all bidders in addendum form and all addenda will be bound with and made a part of the contract documents. No other explanation or interpretation will be considered official or binding. Should a bidder iind discrepancies in, or omissions from the plans, specifications or contract documents~ or should he be in doubt as to their meaning, he should at once notify the Engineer in order that a written addendum may be sent to all bidders. Any addenda issued prior to twenty- four (2q) hours of the opening of bids will be mailed or delivered to each Contractor contemplating the submission of a proposal on this work. The proposal as submitted by the Contractor will be so constructed as to include an addenda if such are issued by the Engineer prior to twenty-four (2t0 hours of the opening of the bids. SC.9 EXISTING STRUCTURES The plans show the locations of all known surface and subsurface structures believed to be involved in this proposed construction. However, the Owner assumes no responsibility for failure to show any or ail of these structures on the plans, or to show them in their exact location. It is mutually agreed that such failure shall not be considered sufficient basis for claims for additional compensa- tion for extra work or for increasing the pay quantities in any manner whatsoever, unless the obstruction encountered is such as to necessitate changes in the lines or grades, or requires the building of special work, provisions for which are not made in the plans and proposal, in which case the provision in these specifications for extra work shall apply. SC. lO WATER FOR CONSTRUCTION The Contractor shall make the necessary arrangements for securing and transporting all water required in the construction, including water required for mixing of concrete, sprinkling, testing, flushing, flooding or jetting. SC.I 1 COORDINATION AND NOTIFICATION All construction shall be performed in a manner and sequence to minimize the disruption of traffic whenever possible. Coordination with and approval from representatives of the Owner shall be required prior to any rerouting, detouring, blocking, or disruption of traffic. The municipal police department shall also be notified 2~ hours prior to any of the aforementioned traffic modifications. SC.t2 LIGHT AND POWER The Contractor shall provide, at his own expense~ temporary lighting and facilities required for the proper prosecution of the work. SC-2 O SC.13 COPIES OF PLANS AND SPECIFICATIONS FURNISHED Five (§) sets of the plans and specifications shall be furnished without charge to the Contractor for construction purposes. Additional copies may be obtained from the Engineer at actual reproduction costs. SC.I~ TESTINGt INSPECTION AND CONTROL Testing and control of all materials used in the work shall be done by an approved commercial laboratory~ employed and paid directly by the Owner. The Contractor shall furnish at his own expense~ all necessary specimens for testing of the materials as required by the Engineer. SC.15 INSURANCE Prior to execution of the Contract by the Owner~ the bidder shall submit proof that he is covered by insurance as required by Item 1.26 of the Standard Specifications for Public Works Construction. SC.16 SANITARY FACILITIES The Contractor will provide sufficient facilities in proximity to the area of work for his employees and those employees of his subcontractors. SC.17 LINES AND GRADES Refer to 1.32.1, Construction Stakes~ of the General Provisions. Delete this paragraph in its entirety and substitute therefore the following.' The Owner will furnish and set horizontal and vertical control construc- tion stakes for this project~ which will Consist of centerline control and benchmarks. The Owner will furnish the Contractor with all necessary information relating to lines and grades. The Contractor shall furnish and set stakes and other materials and templates necessary for making and maintaining points and lines~ including layout stakes, line and grade stakes for construction of the project. The Owner will perform such checking of the Contractor's stakes as considered necessary by the Owner. Such checking by the Owner will in no way release the Contractor of his responsibility for the correctness of the stakes or the responsibility for checking to insure that the work is constructed to ~the lines and grades as shown on the plans. SC.IS LIQUIDATED DAMAGES It is understood and agreed that time is of the essence in this Contract and that for each day of delay beyond the number of calendar days set forth by the SC-3 - m O Contractor after allowance for such extensions of time as is provided for in the General Conditions of Agreement, the Owner may permanently withhold from the Contractor's compensation the sum of $7~0 per day. It is Understood and agreed that such sum shall be treated as liquidated damages and not as a penalty and that because of the difficulty in computing damages to the Owner in the case of delay in construction, the above amount constitutes, the amount by which the Owner will be damaged for each day beyond the number of calendar days specified. SC.19 PERMITS AND EASEMENTS The Contractor shall obtain and pay for ail necessary permits. Property easements shall be provided for the Contractor. SC.20 FIELD CHANGES All field changes or deviations from the Contract Documents, which are proposed by the Contractor, shal! be submitted to the Engineer in writing. Field changes or deviations shall not be made unless permission is obtained in writing ~romt he Engineer. SC.21 CONSTRUCTION SCHEDULE Prior to starting work~ the Contractor shall submit a proposed schedule for the work included herein and shall submit any major revisions to this schedule as the work progresses. This schedule shall provide for completion of the project within the time provided herein. SC.22 LOCATION OF EXISTING UTILITIES The location and dimensions shown on the plans relative to the existing utilities are based on the best records and/or field notes available. It shall be the Contractor's responsibility to verify locations of adjacent and conflicting utilities sufficiently in advance in order that he may negotiate such restrictive locations with the owner of conflicting utility and/or make local adjustments to provide adequate clearances. The Contractor shall take ali necessary precautions in order to protect all utilities and services encountered. All damage to utilities resulting from the Contractor's operations shall be restored at his own expense. SC.23 ACCESS TO PRIVATE PROPERTY The ContracWr shall put all driveways~ alleys and streets in an access- ible condition to allow residents ingress and egress before leaving the job site for an extended period of time. "Extended period of time" is defined as overnight, weekends, holidays, or periods of inclement weather. The Contractor will leave with the Engineer the phone numbers of some responsible person available twenty- four (24) hours a day to handle emergencies concerning ingress and egress. SC-4 O O SC.2# BARRICADES~ LIGHTS AND WATCHMEN Where the work is performed in or adjacent to any street, aUey or public place the Contractor shall, at his own cost and expense, furnish and erect such barricades, fences, lights and danger signals, shall provide such watchmen, and shall provide such other precautionary measures for the protection of persons or property and of the work as necessary. From sunset to sunrise, the Contractor shall furnish, erect and maintain a sufficient number of barricades to keep vehicles from being driven on or into any work under construction. The Contractor shall furnish watchmen in sufficient numbers to protect the work. The Contractor will be held responsible for all damages to the work due to failure of barricades, signs, lights and watchmen to protect it and whenever evidence is found of such damage the Contractor shall immediately remove the damaged portion and replace it at his cost and expense. The Contractor's responsibility for the maintenance of barricades, signs, and lights, and for providing watchmen shall not cease until the project shall have been accepted by the Owner. This item shall consist of the providing, installing, moving, replacing, maintaining, cleaning and removing upon completion of the work, all barricades, signs, barriers, cones, lights, signals and other such type devices and of handling traffic as indicated in the plans or as directed by the Owner. All barricades, signs and other types of devices listed above shall conform to details shown in the plans or those indicated in the Texas Manual on Uniform Traffic Control Devices (Texas MUTCD). 5C.25 SUB-CONTRACT WORK It is the intent of this Contract that the work outlined herein shall be performed mainly by the Contractor executing the contractual documents. Pursuant to this intent, sub-contracts totalling more than ~0% of the total dollar value of the Contract will not be allowed without the written and express permission of the Owner. 5C.26 CLEANUP It is the intent of this Contract to ensure an adequate cleanup job be performed by the Contractor as soon during the construction procedure as possible. Before the project is accepted by the Owner, all rocks, stones, and other construction debris shall be removed. All necessary cleanup work shall be considered subsidiary to the various bid items on this Contract. 5C.27 TIME ALLOTTED FOR COMPLETION All items of work included under this Contract shall be completed within 60 consecutive calendar days, which time shall commence on the tenth (i0th) day after the issuance of the Work Order. The Work Order shall consist of a written request by the Owner for the Contractor to proceed with construction of the project. 5C-5