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DR8802-CN 911112SPECIFICATIONS AND CONTRACT DOCUMENTS FOR DRAINAGE IMPROVEMENTS FOR KAYE STREET CITY OF COPPELL DALLAS COUNTY, TEXAS FOR CITY OF COPPELL 255 PARKWAY BLVD. COPPELL, TEXAS 75019 (OWNER) PROJECT NO. Q0991-04 PREPARED BY: CARTER AND BURGESS, INC. CONSULTING ENGINEERS (ENGINEER) SEPTEMBER, 1991 SPECIFICATIONS AND CONTRACT DOCUMENTS FOR DRAINAGE IMPROVEMENTS FO[[ KAYE STREET CITY OF COPPELL D~T.TAS COL%~I'Y, TEXAS FOP,. CITY OF COPPELL 255 PARKWAY BLVD. co~,PEU., Tucks 75o19 PROJECT NO. Q0991-04 PREPARED BY: CARTER AND BI~GESS, INC. CONSULTING ENGINEERS (ENGINEER) SEPTEMBER, 1991 TAI~LE OF CONTF.,I~S ADDENDA NOTICE TO BIDDERS SPECIAL INFORMATION TO BIDDERS INSTRUCTION TO BIDDERS PROPOSAL AND BID SCHEDULE STANDARD CONTRACT FORMS (STANDARD FORM OF AGREEftENT, PERFORMANCE BOND AND PAYMENT BOND) GENERAL CONDITIONS SPECIAL CONDITIONS SECTION A AA B C 9130~801 SECTION A NOTICE TO BIDDERS Sealed bids addressed to the Purchasing Agent, City of Coppell, Texas, for Kaye Street Drainage Improvements will be received in the Purchasing Office at the City of Coppell City Hall, 255 Parkway Boulevard, until 10:00 a.m. on Thursday, October 24, 1991, and then publicly opened and read aloud. Each Bidder shall submi~ two identical copies of his bid. Bidders must submit, with their bids, a cashier's or certified check in the amount of five percent (5%) of the maximum amount bid, payable without recourse to the City of Coppell, Texas, or a Bid Bond in the same amount from a reliable Surety Company as guarantee that the Bidder will enter into a contract and execute bond forms provided within ten (10) days after award of contract to him. The successful Bidder must furnish performance and payment bonds each 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 Owner reserves the right to reject any or all bids and to waive formalities. Unreasonable or unbalanced unit prices will be considered sufficient cause of rejection of any bid or bids. The Owner reserves the right to accept the alternate bid of a Contractor that did not submit the lowest base bid. NO BID TRANSMITTED BY FAX WILL BE ACCEPTED. Bidders are expected to inspect the site of the work and to inform themselves regarding local conditions and conditions under which the work is to be done. The Plans, Specifications and Bidding Documents may be examined without charge at the office of Carter & Burgess, Inc. or the City of Coppell, or may be obtained for a $15.00 nonrefundable fee from Carter & Burgess, Inc., 7950 Elmbrook Drive. Suite 250, Dallas, Texas 75219. The original bid must b~ submitted with the City of Coppell Bid No. Q0991-04 designated clearly on the exterior of the bid envelope. NO SALES TAXON TANGIBLE PERSONALPROPERTYINCORPORATED INTO OR.V~%DE A P.~RT OF THE PROJECT. The bidder shall not include or provide for sales tax on tangible personal property to be incorporated into the project. In order to be exempt from the sales taxon such tangible personal property, the contract shall separate and provide separate charges for materials to be incorporated into the project from charges for labor. The City will provide the Contractor with an exemption certificate for the materials. The contractor is expected to issue a resale certificate in lieu of paying a sales tax at the time of purchase. A1 91302801 .NO~ SECTION AA SPECIAL INFORMATION TO BIDDERS I. LOCATION OF PROJECT These improvements are to be constructed in the existing drainage and utility easements between Kaye Street and Spanish Moss Court, located East of Coppell Road in Coppell, Texas. II. SCOPE OF WORK The work in this project consists of drainage improvements in accordance with the City of Coppell's Subdivision Ordinance and the approved construction plans and specifications. III. PAYMENTS TO CONTRACTOR Contractor shall submit to the Owner for approval monthly pay estimates for work performed. Estimates submitted by the 20th of the month will be paid by the 15th of the next month less a 10% retainage. IV. PRE-CONSTRUCTION CONFERENCE There will be a pre-construction conference held with The successful bidder and the Owner at the time the "Notice to Proceed" is issued. V. TESTING LABORATORIES The testing laboratory, shall be selected by the contractor and approved by the owner. All testing shall be paid for by the contractor. 91302801 .NO~ SECTION B INSTRUCTIONS TO BIDDERS I. PROPOSAL FORMS The Bidder's proposal must be submitted in duplicate on the printed form furnished with these instructions. The blank spaces in the proposal shall be filled in for each item for which a quantity is given as may be required by the proposal for a completed work, and the Bidder shall state the price for which he proposes to do each item of work. The proposal shall be signed in ink by the person or persons making or authorized to make a bid. The legal status of the Bidder, that is, as a corporation, partnership, or individual, must be stated in the proposal. A corporation Bidder must name the state in which the organization is chartered. If the proposal is made by an individual, his post office address shall be given. Bids which are not signed by the individuals making them shall have attached thereto a power of attorney evidencing authority to sign the bid in the name of the person for whom it is si~ned. If the proposal is made by a firm or partnership, the name and post office address of the managing member of the firmer partnership shall be given or the bid may be signed by an attorney-in-fact. If signed by an attorney-in-fact, there shall be attached to the bid a power of attorney evidencing authority to sign the bid, executed by the members of the firm or partners. Proposals which are signed for a corporation shall have the correct corporate name, thereof, its post office address and the signature of the president or other authorized officer of the corporation, manually written below the c~rporate name following the word "By II. PROVISION CONCR~NING ESCALATOR CLAUSES Proposals containing any condition which provides for changes in the stated bid prices due to increase or decrease in the costs of materials, labor, or other items required for this project, will be rejected and returned to the Bidder without being considered. III. ESTIMATES OF OUANTITIES The quantities listed in the proposal bid schedule are approximate. However, payments will be based upon measured quantities at the contract unit price unless specified as "Lump Sum". 913O2801 .#06 BI IV. PURCHASE OF EOUIPMENT TO MEET SPECIFICATIONS It is the intent of these specifications to indicate a specific equipment description for which bids are to be received. Bids shall be based on the use of specified equipment and materials unless the Bidder has obtained prior written approval from the O~ner to offer a substitute considered equal to or of superior quality to the items specified. Written requests for approval of substitutes shall be submitted to the O~ner no less than l~ days prior to biddate. Prospective bidders shall be notified no less than seven days prior to bid date of any substitutes approved by the O%mer. Bids based on the use of approved substitutes shall be accompanied by written modification outlining in detail the substitutes proposed. If use of substitutes requires changes or modifications in plans, the Contractor will reimburse the Owner for the cost of such changes. V. BIDDER TO SPECIFY MATERIALS Where several types of materials are acceptable, as stated in the technical section of these specifications, the Contractor may submit his bid on any one type of material. The type of material selected for each type of construction shall be entered on the proposal and no change on materials will be allowed after the bid opening. VI. EXAMINATIONS OF P~ANS. SPECIFICATIONS. AND PROJECT WORK SITE Before submitting a bid, the Contractor shall carefully examine the proposal, plans, specifications, and'all contract documents. He shall examine the site of work and satisfy himself as to the conditions which will be encountered relating to the character, quality and quantity of work to be performed and materials to be furnished. Bidders are particularly required to examine, and are responsible for, all subsurface or underground conditions that may be encountered during the progress of the work. The bid shall cover all expenses and disbursements in connection with ~ubsurface work. The submission of a bid shall be conclusive evidence that he has complied with these requirements and that no submission for extra compensation will be presented with regard to the nature or amount of work to be done. VII. INTF. P. PRETATION OF PLANS AND SPECIFICATIONS If any person contemplating submitting a bid for the proposed contract is in doubt as to the true meaning of any part of the plans, specifications, or other related documents, or finds discrepancies in or omissions from the plans and/or specifications, he may submit to the Owner a written request for an interpretation or correction thereof. The person submitting the request will be solely responsible for its prompt delivery no less than three (3) days prior to bid date. Any interpretation or correction of the Contract Documents will be made by an addendum duly 91302801.N06 B2 issued, and a copy of such addendum will be mailed to all persons known to the Owner to have received a set of such documents. The Owner will not be responsible for any other explanations or interpretations of the Contract Documents. VIII. ADD.DA The Contract Documents are subject to revisions prior to the time fixed for the opening of bids by submitting the revision(s) in writing to all persons known by the Owner to have secured such documents for the purpose of submitting bids. Addenda shall become an integral part of the contract and shall be reflected in the bids submitted. IX. DELIVERY OF PROPOSA~ Each completed proposal shall be placed in a sealed envelope so marked as to indicate its contents. When submitted by mail, this envelope shall be placed in another envelope which shall also be sealed and addressed as indicated in the Notice to Bidders. Proposals will be received on or before the hour and date set for the opening thereof and must be in the hands of the Owner by that time. X. REVISION OF PROPOSAb A Bidder may change a bid price entered in a proposal before it is submitted by changing the price and initialing the revision with ink. In cases where the proposal has been submitted, a Bidder may change a bid price in his proposal provided his request to do so is submitted in writing and is in the hands of the Owner prior to the time set for the opening of proposals. XI. WITHDRAWAL OF PROPOSA~ Any proposal may be withdrawn by the Bidder prior to but not after the time affixed for the opening of bids by written request. A request by telephone or telegraph for withdrawal of a proposal will not be considered. The withdrawal of a bid will not prejudice the right of a Bidder to file a new bid. XII. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the bid date and time. 91302801 .~0~ B3 XIII. BmTBCTION OF PROPOSAL~ Proposals may be rejected if they show alterations of form, additions not called for, conditional bids, incomplete bids, erasures or irregularities of any kind. The Owner reserves the right to waive any irregularities in the bids as received and to reject any and all proposals without qualification(s). More than one proposal from an individual, firm or partnership, corporation or association, under the same or different names, will not be considered. Reasonable grounds for believing that a Bidder is interested in more than one such proposal may cause the rejection of all proposals in which said Bidder ts interested. Proposals in which prices are obviously unbalanced may be rejected. XIV. OUALIFICATION OF LOW BIDDER Prior to award of the contract, the bidder shall submit such evidence as the Engineer may require to establish his financial responsibility, experience and possession of such equipment as maybe needed to prosecute the work in an expeditious, safe and satisfactory manner. Should the bidder fail to produce evidence satisfactory to the Engineer on any of the foregoing points he may be disqualified and the work awarded to the next bidder so qualifying. XV. TIME OF AWARD The award of the contract will be made within sixty (60) days after the opening of the proposals. XVI. EXECUTION OF CONTRACT AND BONDS Within seven (7) days after written notification of award of the contract, the Bidder shall execute and furnish to the Owner the contract and Certificate of Insurance. The performance bond and payment bond are to be furnished with the contract documents as a guaranty of the faithful performance of the work and for the protection of the claimants for labor and material. X-VII. CONSTRUCTION SCHEnULE Prior to Notice to Proceed by the O%mer, the Contractor shall submit a detailed construction schedule to the Owner for review. This schedule will be used to assure completion of the Job within the number of total days specified in the proposal. 91302801 .~O& B4 XVIII. INSPECTION The word "Inspection" or other forms of the word, as used in the contract documents for this project shall be understood as meaning an Owner's agent will observe the construction on behalf of the Owner. The agent will observe and check the construction tn sufficient detail to satisfy himself that the work is proceeding in general accordance with the contract documents, but he will not be a guarantor of the Contractor's performance. XIX. CONSTRUCTION STAKING The Contractor shall be responsible for providing construction staking of the project and building the proposed improvements to the lines and grades shown on the Plans. The Owner shall have the right to check the accuracy of the Contractor's construction surveying. 91302801 .#0~ B5 SECTION C Contract Documents for Kaye Street Drainage Improvements Dallas County. Texas BID PROPOSAL FOR CONSTRUCTION OF KAYE STREET DRAINAGE IMPROVEMENTS CITY OF COPPELL DALLAS COUNTY, TEXAS TO: City of Coppell 255 Parkway Blvd. Coppell, Texas 75019 Gentlemen: The undersi~ned, as bidder, declares that he has carefully examined the Invitation to Bidders, the A.S.C.E. Standard Form of Agreement, the General Conditions, the Specifications, the Plans and Project Conditions for the work and other Contract Documents; and he proposes and agrees that, if this proposal is accepted, he will contract to provide all necessary tools, equipment, apparatus, facilities, labor and transportation, and to do all of the work and furnish all of the materials specified in the Contract Documents required to complete the work as specified. If awarded the contract, I/we will execute th~ contract and furnish satisfactory performance and payment bonds in accordance with the Bid Documents. Bidder acknowledges receipt of the following addendum: No. 1 No. 2 No. 3 No. 4 Yours very truly, Address 2031 John West Road Bidder: Rhode Construction Co. Dallas. Texas 75228 Telephone No. (214) 327-7944 By /------~-'. :,/r.--,**-~ ~_.-'~ Carman Rhode Title President Date Seal 9~302801 .NO& C1 (If a Corpo~ation) Contract Documents for Kaye Street Drainage Improvements Dallas County, Texas 0.01 COMPLETION SCHEDULE A. Estimated date of commencement: November 15. 1991 B. Number of calendar days to complete work after Notice to Proceed is issued: 60 91302801 .NO~ C2 Proposal Info~mation [or Kaye Street Drainage Improvements City of Coppell Dallas County, Texas PHASE I L~IT ITeM DESCRIPTION b~IT OUANTITY PRICE TOTAL STO~ SLr~E~ SYSTEH 1. 18" RCP, C-76 Class III, including wyes, bends, -~ etc. LF .34 107.21 36,665.82 2. 24" RCP, C-76 Class III, including all wyes, bends, etc. LF 1123 113.18 127,101.14 3. 12" x 12" grate inlet EA 24 250.00 6,000.00 4. Trench safety LF 1465 0.12 175.80 5. Connect to existing 27" storm sewer EA 1 285.00 285.00 6. Pavement removal and i replacement SY 17 43.00 731.00 7. Sod (Bermuda or St. Augustine) SY 5000 3.98 19.900.00 Total Amount Bid $190.858.76 Total Tangible Personal Property Cost $ 65.784.50 913028O1 .~0~ C3 SECTION D STANDARD FORM OF AGREEMENT PERFORMANCE BOND PAYMENT BOND 9130Z801 .#04 D1 STANDARD FORM OF AGREEMENT . As Adopted By THE TEXAS SECTION OF THE AMERICAN SOCIETY OF CIVIL ENGINEERS Octob~ 7, 1971 Revmed November 17, 1928 Revised April 15, 1932 Revised October 27, 1934 Revised October 19, 1945 Revised April 8, 1954 Revised April 21, 1960 Revved October 7, 1971 Approved az to Legal Form by Legal Counsel STATE OF TEXAS ) COUNTY OF DALLAS THIS AGREEMENT, made and entered into this. '~ ~ day of v~c~: ~.~- , A. D. 19 ''~( I , by and between The City of Coppell of the County of rial]as and State of Text. acting through its Hayor. Hark Wolfe thereunto duly authorized so to do, Party of the First Part, hereinafter termed OWNER, and Rhode Construction Company of the City of Dallas . County of Dallas and State of Texas . Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agTeementa herein- after mentioned, to be made and performed by the Party of the First Part (OWNER), and under the conditions expressed in the bond bearing even date herewith, the ~aid Party of the Second Part (CONTRACTOR). hereby agrees with the said Part)' of the First Part (OWNER) to commence and complet~ the construction of certain improvement~ described ,,- follows: Drainage improvements for Kaye Street and all extrs work in connection therewith, under the terms ~z stated in the General Conditions of the Agreement and at his (or their) own proper cost and expense to furnish all the materiah, supplies, machinery, equipment, to~ls, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the condition~ ~nd prices stated in the Proposal attached hereto, and in accordance with the .Notice to Contractors, General and Special Conditions of Agreement, Plans and other drawings and printed or wr/tt~n explanatory m~tter thereof, and the Specifications and addend~ therefor, u prepared by the City of Coppell and Carter & Burgess, Inc. hereif~ entitled the ENGINEER. e~'n ,,f whs~.h ha.. been ide.tified by the CONTRACTOR and the ENGINEER. together with the CONTRA~R'S whtten P~)~d. the General Condition~ ,,f the Agreemenl. and the Perf. rmance and ['a)'~.t ~nd~ he.to attache: all of which are made a ~ herod a.,I c,,ll~tively evidence ami constitute the enti~ contract. The CONTRACTOR hereby &rreea to commence work within ten tl0) days ifter the date written not,ce to do so shall have been ~(ven to him. &nd to s,,bst&nti&lly complete the s~me e~lendar days within s~xty ~x~ ~r the d~ of the ~itten notice to commence work,.subj~t to such exte~ions of time ~ a~ provid~ by the ~ne~l ~nd S~ini Conditions. THE OWNER n~s to ~y the CONTRA~R in eu~nt funds the p~ce or prices shown in ~he p~l. which fo~a a ~ of th~ contact, such ~y~en~ to ~ s~bj~t to the General · nd S~I Conditions of the cont~. IN ~E~ ~EREOF, ~e ~es ~ the~ p~sen~ have ex~uted ~s A~r~ment in the year ~d day fi~t a~ve City of Coppell Rhode Construction C~pany . Pa~y of ~ Fi~t P~ (OWN~) P~y of the Second P~C~RA~) x '~T.Mayor/ Mark ~olfe: A~ Pre~dent = Carman Rhode PERFORMANCE BOND STATE OF TEXAS' COUNTY OF DALLAS IC~IOW ALL MEN BY THESE PRESENTS: That Rhode Construction Company of the City of Dallas County of [}al I a~ and State of Texas , as pnncipal, and Continental Casualty Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the City of Coppell (Owner). in the penal sum of *See Below* Dollars ($190.858.76) for the payment whereof, the smd Principal and Surety bind themselves, and their heirs. admin,~ttator3, executors, successors and assigns, jointly and severally, by these presents: WHEREAS. the Principal has entered into a certain written contract with the_ Owner. datedthe ~-*-'~ dayof v\~..,~..~o~c- .19 'it ,to construct the draiange improvements for Kaye Street which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. .NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH. that if the said Principal shall faithfully perform smd Contract and shall in all respects duly' and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaninl of said Contract and the Plans and Specifications hereto annexed. then this obligation shall be void; otherwise to remain in full force and effect: "PROVIDED. HOWEVER, that this bond is executed pursuant to the provisions of CArt~ele 5160 for Public Work) (Article 5472d for Private Work)' of the ReviSed Civil Statutes of Texas as amended and all liabilitie~ on this bond shall be determined in accordance with the provisions of said Article to the same extent as ~f it were copied at length herein." Surety, for value received, stipulates and agrees that no change, extension of time, alteration pt addition to the terms of the contract, or to the work performed thereunder, pt the plans, speci- fications, or drawinfs accompanying the same, shall in anyway affect its obligation on this *One hundred ninety thousand, eight hundred fifty eight dollars and 76/100 *Not applicable for fedard work. See 'q'he Miller Act," 40 U.S.C. S270. PB-I bond. and it does hereb~ waive notice of any such change, ertension of time. alterution or addition to the terms of the eontrect, or to the work to be performed thereur, dar. IN WITNESS WHEREOF. t~e a~id Prtncil~ ,nd Surety have sirned and se~d this inftru- n'ent thin i~'~-- day o~_~'~-'~,~=- . 19 ~t~ Rhode Construction Conq)any Continental Casualty Con~any Ca.an Rhode Carla Rogers ~flo President ~tlo Attorney-in-Fact Add~u 2031 John WestRoad Addr~.- InwestGroup Dallas, Texas 75228 12005 Ford Road Dallas, Texas 75234 THE INWEST GROUP P.O. BOX 53910 LUBBOCK T~<- 79453 (806) 794:5881 The name mn~ address of the Resident Afent of Surer7m': Inwest Group, 12005 Ford Road, Dallas, Texas 75234 PAYMENT BOND STATE OF TEXAS COUNTY OF DALLAS KNOW ALL MEN BY TH~.SE PRESENTS: ThaLRhode Construction Company nf the City of Dallas County of Da l 1 as , and State of Texas . aa principal, and Continental Casualty Company authorized under the lswa of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the City of Coppell (O~ner), in the penal sum of *See Below* l.')ollars ($190.858.76) tot the payment whereof, the said l~rincipal and Surety bind themselves and their heirs, edmini~. trators, executors, successors and assig-na, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner. dated the ~ ~'~ day of ¥~'~ ~-~"~ , 19 ~ I to construct the drainage improvements for Kaye Street which contract ia hereby referred to and made a part hereof aa fully and to the same ex-tent aa if copied at len~,th herein. NOW, THEREFORE, THE CO.'~R)ITION OF THIS OBLIGATION IS SUCH. th&t if the said P~ncipal shall pay all claimants supplyin~ labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obli~mtion shall be void; othe.-wise to remain in full force and effect: PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and a~l-ees that no ehan~e, extension of t~me, alterat~o~ or ~dftfon ~ the ~ of ~e contact, or to the ~rk ~o~ the~under, or ~e p~ s~ifi~tio~ or d~n~ ~om~nyit, g th, ~ame, s~H in ~ywi~ aff~t its obli~tion on t~ *One hundred ninety thousand, eight hundred fifty eight and 76/1~ PB-8 bond, md it dgMs hereby vuive notice of ~ny such change, extension of time. &ltel~tion or sddition to the terum of the contrsgt, or to the work to be peFYormed thereunder. Ilq WITNESS WHEREOF, the s~id Principal 8nd Surety hsve sirne~, &'~d sealed this instru- m~t t~ft L~g~ a.y of L~ ~,,,~ ~,. 19_~t_~.._ Rhode Construction Company _Continenta.1. C_asualty Company Caman Rhode Cac]a Rogers ~ -- ~U-P~es~dent ~ Attorney-~n-Fact Add~. 2031 0oha Mest Road Add,eh In.est Gcoup Dallas. Texas 75228 ~2005 Food Road Dallas, Texas 75234 ~ --.'.5 ~WEST GRObP ~ {:. ~OX 53910 ' Li..,~3~OCK, TX 79453 ~e n~e ~ ~d~ of ~ ~sident Agent of Su~ is: (806) 794-5881 Inwest Group, 12005 Ford Road, Dallas, Texas 75234 E~-IPORTANT NOTICE: PLEASE READ COM-PLAINT NOTICE: SHOULD AN-Y DISPUTE ARISE ABOUT YoI. rR PREMIL.%! OR ABOUT A CLAI3-I THAT YOU HAVE FILEI~, CONTACT THE AGENT OR WRITE TO THE CO.MP~&NY THAT ISSUED THE BOND//500771710. IF THE PROBLEM IS NOT RESOLVED, YOU MAY ALSO WRITE THE STATE BOARD OF INSL'P~&NCE, P.O. BOX 149091, AUSTIN, TEXAS 78714-9091. FAX # (512)475-1771. THIS NOTICE OF COSEPLALNT PROCEDURE IS FOR INFORMATION ONLY AND DOES NOT BECO~-EE A PART OR CONDITION OF THIS BOND//500771710. Continental CasuAlty Company AN II. LIN Ol S CO R ~ORATIO N Know All Men by these Presents, That CONTINENTAL CASUALTY COMPANY. a corporation duly organized and existing under the laws of the State of Illinois, and having its principal office in the City of Chicago, and State of Illinois. does hereby make. constitute andappoint H(3ward £nwan, Mike Henthorn, Ron Stroman. Carla Rogers. Pete Binggeli, Kevin J. Dunn, Individually of Midland. Texas Its true and lawful Attorney-in-fact with full power and authority hereby conferred to sign, seal and execute in its behalf bonds, undertakings and other obligator~ instruments of similar nature In Unlimited Amounts - and to bind CONTINENTAL CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were s~gned by the duly authorized officers of CONTINENTAL CASUALTY COMPANY and all the acts of smd Attorney, pursuant to the author.ty hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article IX~Execution of Documents Section 3. Appointment of Attorney;~n.fact. The President or a Vice President may from time to time appoint by writtencertificates attorneys-in*fact to act in behalf of the c~ompany in the excecut on of po c es of nsurance, bonds, undertak rigs and other ob gatory instruments ot like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President or the Board of Directors may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the author=ty of the followinE Resolution adopt, ed by the Board of Directors of the Company at a meeting duly called and held on the 3rd day of Aprd. [957. "Resolved, that the signature of the President or Vice Presic!ent and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signatures and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and bindino on the Company." In Witness Whereof, CONTINENTAL CASUALTY COMPANY has caused t,~ese presents to be si[ned by ~ts V~ce Presideqt and its corporate seal to be hereto affixed on this 6th day of March _. 19 91 ~.. CONTINENTAL CASUALTY COMPANY State of Illinois I :~_: cc~ ,~ .~.. County of Cook I ss "~\ · ~ J.E. Purtell Vice President. On this 6th day of March . 19 91. before me personally came J. E. Purtell, to me known, who, being by me duly sworn, did depose and say: that he res,des in the Village of Glenview. State of Illinois: that he a Vice-President of CONTINENTAL CASUALTY COMPANY, the corporation described in and which executed the above instrument: that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to the sa~d instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. ~ Linda C. Dem;:)sey / ~/l~otary Public. CERTIFICATE Ny CommJssiorl Expires 0cto~e~' 19, 1991 I, M. C. Vonnahme, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, do hereby certify that the Power of Attorney here~n above set forth is still in force, and further certify that Section 3 of Article IX of the By. Laws of the Company and the Resolution of the Board of Directors, set forth in said Power of Attorney are still in force. In testimony whereof I have .hereunto subscribed my name and affixed the seal of the said Compony this I~,~ dayof ~'~Tc,-:~v-,~.~Pr,,. .19c~1 . M.C. Vonnahme Ass,stant Secre,ary. · ;~: Form 1-23142-B INV. NO. G-56623-B Al, t l:l CERTIFICATE OF INSURANCE ,SS E _ ,TE '.'.'.' =... !2/2/9! P~O~UCERf._...{~ TN~'~ST ~.~ubP~ ~' ..... -~ 5 ~=~. =CA-E S :SS:JER ~ A ::~TTE=. ..... ~= ".FO=~ ~-C', 0'4' ', ~qD C~',FE=5 6 ~S~A ~I~:E '~- q-~ ',~ =;G~T~ UPON T~E SE=TiF CA-E ~-~E= T~!S CERT FiCA-E DCE~ t~O~ -r~U E~ ~E';D ~= A_TE= T-E CC'.:E~A~E AFFC.~2E? ~Y --E =OLIC ES ~L'~ ~X ;~0~ COMPANIES AFFORDING COVERAGE ST. PAL% LLOYD5 CO~A~' ST. PAL~ ~!~ & M~.RiNE ~ODE CONSTRUCTION CO~A_N~ S1. PAL~ iNSU~CE COMPAN~ P.O. BOX 53370 cc,~,.~_~_=~ C LUBBOCK, ~ 79453 S%. PAb% iNSL~NCE COVERAGES T~IS ~S TO CE~TIFv -~AT T-E POLICIES OF INSURANCE _ISTEO BELCW ~AVE ~EE% ISSUED TO T~E I%$URED %AME% A~OVE =O~ T~E POL;CY PE=IOD =.~O=CATED. NO-WIT~S-ANCIMG ANY ~EG~iREMENT -E~M OR C~,D T.C'~ OF AhY CO%-~AGT OR OTHER ~OCUMENT WI-~ ~ESPECT TO ,¥H!CH T~IS CEmTIF CATE MAY BE ;$SWEC OR ~Av PERTA:N. -~E 'NSURANCE ~F=C~DED ~Y -~E ~OL,CIES DESCR BED HEmE N i$ SL9.ECT TO ALL THE EXCLUS~C~S A~D CO~D=TICNSOF SUCH POLICIES LIMITS S~CWN MAY ~A¥~ ~E~'~ ~EDJCED BY FA'~ C~AIMS. co POLICY ~FFECT~VE POLICY EXPIRATION ALL LIMITS ~N THOUSANDS GENERAL LIAB~UTY G?.E=~L A~G=EG*TE S 2 ~ 000 ~ 000 A CL~MS'.,~:a X ccc;~ 691NJO678 10/!/91 OWNER'S & CCNT:~CT$~'S P=CT -AC- ;CC~RRE~,CE S ~ ~ 000 s ~,GL~ s l,O00 ~ ~ ~.v ~.TC 691~J0678-1 .... 10/!/92 ~ % := c~ 10,000 X ~LLA 691NJ6078-2 10/i/91 10/!/92 ;~,~ ,,D W%'09 ! 02460 10/1/91 10/1/92 s 500 E~C~ *CC OE'm ~ 500 D SEAS~--POt CY EMPLOYERS' LIABILITY ~ 500 D S5aSE--E.aC~ DESCRIPTION OF OPERATIONS/LOCATIONSiVEHICLES;SPECIAI. ITEMS CONSTRUCT THE DRAINAGE IMPROV~fENTS FOR ~YE STREET CERTIFICATE HOLDER CANCELLATION CIi~Y OF COPPELL SHOUL_~ ANv OF THE .A.~CVE DESC;IBEC POL C ES 2--- gANCE__ED aEFO-~E T~E EX~'~ATIO% DATE T~E~EOF. --E ISSU:~;G CO~,?At,,v WILL ENDEAVOR TC 255 PA~WAY BL~. U~.L 15 D~¥S ............ ~¢-~ ~ COPPELi, TE:~S 79019 h~:-. ~LT FAIL~RE -C r. IA~L $LC- NCTC~ SHA__ M:CSE %0 ~L,GAT:ON C~ LIABI_,-Y O= A~M K=ND JF~N~T~E COMFANY. 'T~GENTS O~ REPRESENTATIVES. AU-HO~IZED REPRESENTATIVE _~ ~,.~ ACORD 25-S (11/89) .~ACORD CORPORATION 1989 TO: Becky Day,is City Of Coppell, Te~s FROM~ Carla Rogers Attorney-in-Fact for Conti~entnl Casualty Company lZ~.-:Per~ormam~ & Pn~n~nt Bond No. S00771710 Drainage T~provements for Kaye Street DATE: Dec~mher 19, 1.99i You are in posse~on of Performance and Payment bonds for thlx job along with powers of attorney. The date w~s omitted from the bonds and the powers of attorney because the contract was not dated. The date on the bonds and powers of attorney must he the s~me or afte~ the contract date. This m~no gives you authority to tiff in the date the same as the contract d~!e on the bonds and the powers of attorney.. Pl~-~e let us know the date when you have it. T~_~nlr you for your help. If you have any questions, plesse do not hesRate to give us a call. Ai. IH:l . CERTIFICATE OF INSURANCE ,ss E °ATE ......,: 12/2/91 'lC ~S~-S ~=Ch--ECE=-FCATE-C'LDE~ --S ZE~V'=CATE Z2. E~ Mi D~, ~X 79705 COMPANIES AFFORDING COVERAGE -:c,.,=*¥~- S~. PAb% LLOYDS CCMPAb~f A INSURED LB--ER ~ODE CONSTRUCTION CO~:~N~ c:¥=~,~ ST. ~g% IS-S~TCE COMP.~f P.O. BOX 53370 t~Tv~ C LUBBOCK, ~ 79453 _ERTL; D COVERAGES TH.S 'S TO CE~T:FY THAT-HE PC. LmcmES OF mNS~A~CE L'STED ~ELOW ~AVE ~EEh .SSJE~ TO TME m'~su~D %At,'E~ AMOVE FC.~ -H~ FOL:C~ PE~mco mMOmCATE~-. Mo~wm-~STAMOm~J~ ANY ~EO~iREMEMT TE=M OR CONDmTmoN C= AWY CONT~AC- OR OV~R ~CCb)JE'4- &'-H ~ESmEC- TO WH:C~ _. J~..mE .... h .c Sb~JECV-C A~L THE -E~MS. CERT:F)CATE ~,(AY ~ SSUE~ Oq MAv PERTAIN. T~E m~S~RANCE AF=O~E~ my TM~ POLiCmES -~Rm- m ~==c · ~ EXCLbSJ~MSANC CONDmT;OMS OFMJCM mOL~C;ES LmMmTS SMOW~ MAY ~AVE MEEN PED~CED Bv PA:D CO TYPE OF mNSURANCE POLICY NUMBER POLmCY EFFECTmVE POLmCY EXPmRATION ALL LmMITS mN THOUSANDS X CCf.~ERC'~L ~E*,E=A.. *~IL'TY FmCD~C-S-CCt.'~ o=s ~.~am~*T~ $ 2,000 A CL~a~SUA~ X ccc~=. 691NJ0678 !0/1/9i 10/1/92 ~sc'~t~z'.~rs':* ~.~='~ ,I,000 ' ,COO AUTOMOBILE LIABILITY CC'¥5 ~,E%. ~ ~ 000 ~ X ~ ~:c 691NJ0678-i 10/i/91 10/I/92 s~:~a:~ : X ~LLA 691NJ6078-2 10/!/91 10/1/92 ~}~:~ ~ i0,000 10/1/91 10/1/92 ~ 500 E~c- D W~09102460 ~ 500 .D i~;SE--,O: CY EMPLOYERS' LIABILITY S 500 ,D S~ASEiEmC~ EYmLOYEE DESCRIPTION OF OPERATIONS;LOCATIONS/VEHICLESfSPECIAL ITEMS CONSTRUCT THE DRAINAGE IMPROV~[ENTS FOR KAYE STREET CERTIFICATE HOLDER CANCELLATION CiTY OF COPPELL 84c¢L3 ANY CF THE :~BOvE DESCRIBED :C~ICIES BE CANCEL_ED -mEFC~E T:~E EXp!=AT'.C'J~..~.'rE T~ERECF THE 'SSJ'JG CCFZPANY W:~_ E%CE~VO~ TO 255 P~WAY BL%~. ~.'AIL !5 BAYS ';~=!~EM NOTICE TO -PR CEqTI='CATE HOLDE= ';AMED TC 'HE COPPELL, TE~S 79019 LE.~. ~d- =A~LU~E -O MA:L S~CH "O~'~ SkALL IMPOSE NC C-5-1GATOt; OR _-ABi_ Tv O= AN~ K ND UPON T~E CCMPANv. ~T~GEMTS OR ~EPFESE~TAT VES. AUTHORIZED REPRESENTATIVE ~~/~ ~ ACORD 25-S (11/891 ~iCOR6 ~RPORATION 1989 BOND NO. 500771710 CNAINSURANCE COMPANIES MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we RHODE CONSTRUCTION COMPA_\'Y __ as Principal, and . CONTINENTAL CASUALTY COMPANY ___.. as Surety. are held and firmly bound unto CITY Ol~ 60PPELL ..... as Obligee, in the penal sum of ~'ORTY SEVE.X THOUSAND SEVEN HUNDRED I:'OURTEEN AND _ __ 69/100 ..................................................... ($ 47,714.69 ..... to whic2 payment well and truly to be made we do bind ourselves, our and each of our heirs. executors, administrators, successors and assigns jointly and severally ~irm~y by these prese-.ts WHEREAS, the said Principal entered into a contract with the CITY 0~' COPPELL dated 11/12/92 for CONSTRUCT THE DRAINAGE IMPROVEMENTS FOR KAYE STREET WHEREAS, said contract provides that the Principal will furnish a bond conditioned :o guarantee 'or the period of 2 year(s) after approval of the final estimate on said job. by the owner, a_cai'~st all defects in workmanship and materials which may become appare.~t during said period, and WHEREAS, the said contract has been completed, and was approved on !6'ch ........ day of April 1992 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that. if the Priqcipai sha!: mdem~-if? the Obligee for all loss that the Obligee may sustain by reason of any defective mater;a:s cr workmanship which become apparent during the period of 2 year(s) from and after __ April 16, 1992 then this obligation shall be void. otherwise !o remain in rut! ¢orce and effect. SIGNED, SEALED AND DATED RHODE CONSTRUCTION COMPANY L_ ..... ...... ./~'-... /,. .:~..~' ,. ,z._..:__ (L.S.) CARMAN G. RHODE, PRESIDENT tk.S.) _May 12, 1992 (L.S3 PRINCIPAL(S) 210-A KEVIN J. D~ Attorney-in-Fac, '-" C~nt~nental Casualty Company PO~[R OF ATIORNF¥ APPOINTING INDI¥1DUAI ~T'TO~N£¥-IN.FAC? Know All Men by these Presents, That CONTINENTAL CASUALTY COMPANY. a corDorat,on duly orgamzed an(:: ex,sting unOer t~e andappo,nt Howard Cowan, Hike Henthorn, Ron Si:roman, Carla Rocers, Pete Binggeli, Kevin J. Dunn, Angie Golf, Har;a Stevens, [ndivicua]ly of Lubbock, Texas Its true and lawful Attorney-m-fact w~th full power and authority hereby conferred to s~gn. seal anti execute ,n ~ts behalf bonds, undertaKm(~s an~ other obligatory mStruments Of simtlar nature - [n Unlimite~ Amounts - end to bid CONTINENTAL CASUALTY COMPANY :mereoy as fully eno .'otne same extent as ~f Suc.-..nst;uments were s~l;:ned r.y the (Iuly authorized Off, cars o' CONTINENTAL CASIJALTY COMPANY and all the act. s of sa,G Attorney. 2ursuant to the authcr,ty me-eD? g~ven are hereby tabbed and confirmed. D~rectors of the Company. "Article IX~ExeCution of Documents Section 3- ApoOmtment of Attorney-~n.fact. The Oresldent or a V~ce =res,clent may. from time to time. appomt ~y writtencerilficates attorneys-~n-fect to act m behalf of the Company n the excecubon of pohc~es of laurence, bonds, undertaKmgs and other obligatory instruments Of like nature Such attorneys-m.~act, subject to the hm~tat,ons set forth m their respectwe cerhflcates of authority, snail have full bower to bind) the Company by their s~gnature and execuhon of any such instruments eno :o attach the seal of the Comoan¥ thereto. The President or any Wce Pres~clent or the Roard of D~rectors may at any time revoke all power and authority previously (~vee to any attorney-in-fact" Th~s Power of Attorney ~s s~gnec and sea,ed hy facs~m,le under and by the authority cf the fo!lowm; Resclut~cn aclooted by :he Board of O~rectors of the Company at a meet,rig dul:~ called and heiC o~ the 3rd day of ADrd. [957. "Re~olved. that the s~gnature of the President or Vice President ancl tl~e seal of the Company may be affixeCl i0y facs~mde on any Dower of attorney granted pursuant to Section $ of Arhcle IX of the By-Laws, end the signature of the Secretary or an Assistant Secretary an~ the seal of tl~e Company may be affixed hy facsimile to any certificate of any such Dower, end) any bower or certdicate bearml; luch facstmlle signatures end seal shall be vilid In0 biding on the Company. Any such power so executed and sealed and certifiecl by certificate ~o executed and sealed alkali, with respect to any bond or undertaking to whicl~ it ~S attached, conbnue to be valid: end bmdin~ on the Company." In Witness Whe~f. CONTINENTAL CASUALTY COMPANY has cause," these Presents tc be s~gned by ~ts V=ce Pres,de,t.t an¢ ,ts coq:x)rate-ealtobeheretoathxedonth~s 24th day cf january _. 19. 92 CONTINENTAL CASUALTY COMPANY State of Illinois ) ;'~' co· -,, :. ' County of Cook( ss -.=~ . ~ ~_~ ~- -~..,~ ..~ ,.~_~ ( ~ J.E. PurteU V,ce Pres,dent. On this 24th day of January m 19 92 before me personally came J. E. Purtell. to me known, who. bemg by me duly sworn, d~a depose and say' that he resides ~n the Vdlage cf Glenvlew. State of Ilhno,s that ne s a Vice. President of CONTINENTAL CASUALTY COMPANY. the corporation clescr~bed ~n and which executed the above mstrument, that he knows the seal Of said Corporat,on: that the seal afl,xed to the sa~d mstrument ~s Such corporate Seal. that ~t was so aet~xecl pursuant to the sa,d mslrume-: IS such corporate seal' that ~t was so aff~xed pursuant to authority gwen by the Board of D~reclors of sa~a corporat~oq an3 that he s~gqec ~s name thereto pursuant to hke authority, eno ac~nowle,~ges same to be the a~ and deco of sa~a corporation. Linda C. DemDsey / ~ Notar~ PuDiic. My Co~nission Expires 0c%ober 19, 1994 CERTIFICATE --- I. George R. Hobaugn. Assistant Secretary of CONTINENTAL CASUALTY COMPANY. do hereby certify that the Power of A'.torney here,n above set forth is still in force, anc~ fu~her certify that Section 3 of Article IX of the By-Laws of the Comoan.v ann the Resoluboe of the Board o' Directors. set forth m said Power of Attorney are still ~n force. I~ testimony whereof I nave hereunto subsc:~oed mv name and afhxeo the sea. of the said 12th ~[ay 92 Company this flay of 19.__. '~ c°'T'" ~ ASS,Stant Secretary ",~,. si,..,"~ Georgenm Ho~a,~ . Form 1-23142-B INV. NO. G-5920C-B t I1~\(;t. ()1~1)t:~ PR()JECT Kaye Street Drainage DATE OF ISSL'~.~CE 1-10-g2 O~'NER City of Coppell tN~m¢. 255 Parkway Blvd. .Addre~,~ Coppe11, Texas 75019 CONTRACTOR Rhode Construction Co. O~NER's Prcttect N,~- 2031 John West Road Dallas, Texas 75228 ENGINEER Carter & Burgess, Inc. 7950 Elmbrook, Suite 250 CONTRACT FOR. Dallas, Texas 75247 913028011) ENGINEERIs Pro. icc! No You are dtrecled lo make Ihe fol]o~)ng changes in lhe Comracl Documents Descnpnon Revise quantities of reinforced concrete pipe, inlets, and associated items as per attached revised quantities. Purpose ofChange Order. Realignment of proposed storm sewer. Attachments'(Lisidocumentssupponingchange~ Revised construction plans and page C3 modified for this change order. CHANGE IN CONTRACT PRICE. CHANGE IN CONTR_-~CT TIME. Original Cont.-act Price Original Contract T,me s 190,858.76 No Change Previous Change Orders No to No __ Ncr change from previous Change Orders $ Contracl Ih-ice prior to thts Change Order Contract Ttme Prior to this Change Order S 190,858.76 Net Increase (decrease) of this Change Order Net Increase (decrease) of this Change Order , 0o,729.53 ) Contract Price with all approved Change Orders ContraCl Time xvith all approved Change Orders 180,629.23 $_ RECOMMENDED: APPROVED: . ,/i/' '~---- <-~ · / / ....,: . Terry WI Pr'~c"~"~e11 ~'City of'~ell Proposal Information for Kaye Street Drainage Improvements City of Coppell Dallas County, Texas GHANGE ORDER NO. 1 PHASE I UNIT ITEM DESCRIPTION L~IT OU~NTITY PRICE TOTAL STOILM SEWER SYSTEM 1. 18" RCP, C-76 Class III, including wyes, bends, etc. LF 201 $107.21 $21,549.21 2. 24" RCP, C-76 Class III, including all wyes, bends, etc. LF 1173 $113.18 $132,760.14 3. 12" x 12" grate inlet EA 23 $250.00 $5,750.00 4. Trench safety LF 1374 $0.12 $164.88 5. Sod (Bermuda or St. Augustine) SY 5000 $3.98 $19,900.00 6. Connect to existing inlet EA 1 $285.00 $285.00 7. Remove/Replace Concrete sidewalk SF 80 $2.75 $220.00 Total Amount Bid $180,629.23 91302801.CH1 SECTION g GENERAL CONDITIONS 91~502801 .#04 E1 TABLE OF CONTENT9 FOR GENERAL CONDmONS OF AGPk'~O4ENT 1. Definition of Terms 1.01 OwMr, Contracto~ and Engine~ ...................... G-1 1.02 Contract Documents .......................... G-X 1.03 Sub-Contractor ............................ 1.04 Written Notice ............. . ............... G-1 1.05 Work ................................ 1.06 Extra Work .............................. C~I 1.07 Working Day ............................. C,-1 1.08 Calandar Da~ ............................. G-1 1.09 Substantially Completed ......................... 2. R~mpensibilitks of the Enginm~ and the Contractor 2.01 Owner-Engin~erP~latiomhip . , ..................... G-2 .2.02 Professional Inspection by Engin~ .................... 2.03 Payments for Work ........................... G-2 2.04 Initial Detm~ninations .......................... G-2 2.05 Objections .............................. G-2 2.06 Lines and Grades ........................... G-2 2.07 Contractor's Duty and Superintendence ................... C,-2 2.08 Contractor's Understandiq ........................ 2.09 Character of Workmen ......................... G*3 2.10 Contractor's Buildings ......................... G-3 2.11 Sanitation.. ............................. 0-4 2.12 Shop Drawings ............................ Cv-4 2.13 Pr~!*,,~ary Approval .......................... 2.14 Defects and Their R~m~lies ....................... G-4 2.15 Changes and Alterations ......................... G-5 3. Cm~wd Obliptiom and Respon~biliti~ 3.01 K~ping or Plans and Specificatiom Acc~db~ ................ G-5 3.02 Owneuhip of Drawin~ ......................... G-5 3.03 Adequae~ ~ !~ .......................... G-5 3.04 Right o! Entry ............................. G-5 3.05 Collateral Contracm ........................... Cs-5 3.06 Disctmpaneks and Omisalom ....................... 3.07 Equipment, Materials and Constntetion Plant ................. 3.08 Demqes ............................... G.6 3.09 Protection Against Accident to Employees and the Public ............ G-6 3.10 Performance and Payment Bonds ~ ........................ G-~ 3.1 ! Losses from Natural Causes ............................ 3.12 Protection of Adjoining Property ......................... 3.13 Protection Against Claims of Sub-Contractors, Etc ................. G-6 3.14 Protection Against Royalties or Patented Invention ................ G-; 3.15 Laws and Ordinances ............................... G-? 3.16 Assignment and Subletting ............................ G-? 3.1'/ Indemnification ................................. 3.18 Contractor's Liability Insurance ......................... G-8 3.18.1 Certificate of Insurance ............................. G-8 4. Prosecution and Progress 4.01 Time and Order of Completion .......................... 0-8 4.02 Extension of Time ................................ G-9 4.03 Hindrances and Delays .............................. G-9 5. Measurement and Payment 5,01 Quantities and Measurements ........................... G-9 5.02 Estimated Quantities ............................... G-9 5.03 Price of Work ................................... G-9 5.04 Partial Payment .................................. G-10 5.05 Use of Completed Portions ............................ O-10 5.06 Final Completion and Acceptance ........................ O-10 5.07 Final Payment .................................. G-10 5.08 Payments Withheld ................................ G-10 5.09 Delayed Payments ................................ G-11 - 6. Extra Work and Claims 6.01 Change Orders ................................... G:11 6.02 Minor Changes .................................. G-11 6.03 Extra Work .................................... G-11 6.04 Time of Filing Claims ............................. G-12 6.05 Arbiuation ..................................... G-12 7. Abandonment of Contract -/.01 Abandonment by Contractor ........................... G-13 '/.09 Abandonment by Owner ............................. G-14 GENERAL CONDITIONS OF AGREEMENT 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 n,asculine in gender. The term 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. 1.02 CONTRACT DOCUMENTS. The Contract Documents shall cons~t of the Notice to Contractors (Advertisement). Special Conditions (In,ructions to Bidders}, Proposal, signed Agreement, Performance and Payment Bonds (when required). Special Bonds (when requiredL 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 by any one shall be as binding a~ if called for by al~. In casa of conf|ict betw~n 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 Genera] Conditions of Agreement. 1.03 SUB-CONTRACTOR. The term Sub-Contrnctor, as employed herein, includes only thos~ having a direct contract with the CONTRACTOR and it includes one who furnishes material worked to a special design according to th~ 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 served if delivered in 0erson to the individual or to a memb~' 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 give~ the notice. 1.05 WORK. The CONTRACTOR shall provide and pay for all materials, supplies, machin- cry, equipment, 'tools, superintendence, labor, 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 otherwis~ specified, all materials shall be new and both workmanship and materials shall be of a good quality. The CONTRACTOR shall, if required, furnish seti~t'acto~ evidence a~ to the kind and quality of materials. Materials or work described in words which so applied have a well known t~hnical or trade meaning shall be held to refer to such recognized standards. 1.06 EXTRA WORK. The term "Extra Work" as used in this contract shall be understood to mean and include all work that may be required by the ENGINEER or OWNER to be done by the CONTRACTOR to accomplish any change, alteration or addition to the work shown upon the plans, or reasonably implied by the specification~ and not covered by the CONTRACTOR'S Proposal, except a~ provided under "Changes and Alterations", herein. 1.07 WORKING DAY. A "Working Day" is defined as any day not including Saturdays, Sundays or any I~al holidays, in which w~ather or oth~ condition~, 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 8:00 p.m. 1.08 CALENDAR DAY. "Calendar Day" is any day of the week or month, no days being excepted. 1.09 SUBSTANTIALLY COMPLETE~. By the term "substantially completed" is meant that the structure has been made suitable for use or occupancy or the facility is in condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. G-1 i), ,.- ,...-..~ 2. RESFONSIBILFI3ES OF THE ENGINEER AND THE CONTRACTOR 2.01 OWNER.ENGINEER RELATIONSHIP. The ENGINEER will be the OWNER'S representative during construction. The duties, responsibi:itiea and limitations of ·uthority of the F~IGINEER u the OWNER'S representative during comtruetion are as rd~ forth in the Contract Documents and shall not be exMnded or limited without written consent of the OWNER and ENGINEER. The ENGINEER will edviso and consult with the OWNER, ·nd all of OWNER'S instructions to the CONTRACTOR shall be issued throngh the ENGINEER. 2.02 PROFESSIONAL INSi~ECTION BY ENGINEER. The ENGINEER shall make pay·odin visits to the site to familiarize himself [onernlly with the profrees of the exeeuted work and to determine if such work [anerally mant~ the essential perform·nee and desit, n features and the technical and functional enginearin~ requiromenTM of the Contract Doeument~; provided and except, however, that the ENGINEER shall not be responsible for making any detailed, exhaus- tive, comprehensive or continuous on-site inspection of the quality or quantity of the work or be in any way responsible, directly or indirectly, for the construe·ion means, methods, taehniques, se- qneneas, quality, woeedures, programs, safety peeceutions or leek or same incident thereto or in connection therewith. NotwJt%~andi~f any other provision of this agreement or any other Contract Document, the ENGINEER shall not be in any way responsible or liable for any acta, errors, omissions or nnglifanee of the CONTRA~"TOR, any subcontrnetor or any of the CONTRACTOR'S or subcontrector's ngenta, serunt~ or employees or any other IMuon, firm or corporation pel'form. ing or attempting to perform any of the work. 2.03 tAYMENTS FOR WORK. The ENGINEER shall review CONTRACTOR'S applications for payment and supposing data, determine the amount owed to the CONTRACTOR and approve, in wv·ting, payment to CONTRACTOR in Such amounts; Such approval of payment to CONTRAC- 'FOR constitutes · repreMntation to the OWNER of ENGINEER'S professional judgment that the wed· has ptc~- sd to the point indicet~d to the best of his knowledge, information and belier, but Such approval of an ·ppi·eat·on for payment to CONTRA~"FOR shall not be deemed as · u~stasent, tflon by' ENGINEKR that ENGINEER has made any examination to determine how or fo~ what purpom CONTRAC'FOR has used the moneys paid on i¢~unt of the ~ontraet pr·ea. 2.04 INITIAL DFFERMINATIONS. The ENGINEER initially shall determine all claims, disputes and other matters in question between the CONTRACTOR and the OWNER relating to the exeeution or prostws of the work or the interpretation of the C, ontraet Documents and the ENGINEER'S dee·sion shall he rendered in writing within a reasouable time. Should the ENGI- NF, ER fail to make such derision within a reasonable time, appeal to arbitration may be taken as ir his decision had been rendered qains~ the par~y appealing. 2.05 OBJECTIONS. In the event the ENGINEER renders any decision which, in the opinion of either party hereto, is not in accordance with the meaning and intent of this eon·rant, either party may file with the ENGINEER within thirty days his writ·an objection to the dee·sion, and by such ·et·on may reserve the right to submit the question so raised to arbitration as 2.06 LINES AND GRADES. Unless otherwise specified, all lines and grades shall be furnished by the ENGINEER or his representative. Whenever necessary, eonstruetion work shall be suspended to permit performanee of this work, but Such suspension will be as brier as practicable and the COb~A~'FOR shall he allowed no extra compensation therefor. The CONTRACTOR shall five the ENGINEER ample notice of the time and place where lines and grades will be needed. Ali staku, marks, etc., shall be ear·fully preserved by the CONTRACTOR, and in ease of cereler, s deatruetion or removal by him or his employees, such stakes, marks, etc., shall be replaced ·t the CONTRACTOR'S expense. 2.07 CONTRACTOR'S DUTY AND SUPERINTENDENCE. The CONTRACTOR shall give adequate attention to the faithful prosecution and completion of this contract and shall keep on the work, during its prngres~, · competent superintendent and any necessary assistants. The superintendent shall represent the CONTRACTOR in his abeenee and ali directions given to him shall be as bind·n[ as if given to the CONTRACTOR. G-2 ~, ,.,. ,=....,~ The CONTRACTOR is and at all times shall remain an independent contractor, solel? responsible for the manner and method of completing his work under this contract, with full power and authority to select the means, method and manner of performing such work, so long u such methods do not adversely affect the completed improvements, the OWNER and ENGINEER being interested only in the result obtained and conformity of such completed improvements to the plans, specifications and contract. - Likewise, the CONTRACTOR shall be solely responsible for the safety of himself, his employ- ees 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 u well as any additional information concerning the work to be performed passing from or through the ENGINEEP- 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 agreement 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, and for all 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. Any 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 site 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 drawings 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 CONTRACTOR 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 CONTRAC- 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 ~.n 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 without the ENGINEER'S written consent. 2.10 CONTRACTOR'S BUILDINGS. The building of structures for housing men. or the erection of tents or other forms of protection, will be permitted only at such places as the 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 ENGINEER. 2.11 SANITATION. Necessary sanitary conveniences for the use of laborers 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 shall be strictly enforced. 2.12 SHOP DRAWINGS. The CONTRACTOR shall submit 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 ENGINEER shall pan upon them with reasonable prompt- nero, 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 CONTRACTOR 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 ali shop drewings 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 conformity with the plans and qMeificetionr~ and shall not relieve the CONTRACTOR of his duty u an independent contractor 8s previoudy set forth, it beinf expressly understood and agreed that the ENGINEER does not 8mume any duty to p,,t upon the propriety or adequacy of such drawings or schedules, or any m~mm or methods reflected thereby, in relation to the ~fety of either person or property during CONTRAC'~OR~ performance hereunder. 2.13 PRELIMINARY APPROVAl,. The ENGINEER shall not have the power to waive the obligations of this contract for the furnishing by the CONTRACTOR of good material, and of his performing good work as herein described, end in full eccordance with the plans and specifica. tk)ns. No failure or on~i~tlon of the ENGINEER to discover, object to or condemn any defective work or materhl shall release the CONTRACTOR from the obligations to fully and properly perform the contract, includin~ without limitations, the obligation to at onc~ tear out, remove and properly replace the same at any time prior to final acceptance upon the discovery of said defective work or matarhl; provided, however, that the ENGINEER shall, upon request of the CONTRAC- TOR, inspect and accept or reject any material furnished, and in event the material has been once accepted by the ENGINEER, such acceptance shall be binding on the OWNER, unless it can be clearly shown that such material furnished does not meet the specifications for this work. Any questioned work ma~' 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-examination and replacement shall be borne b.v the CONTRACTOR, otherwise the expense thus incurred shall be allowed as EXTRA WORK, and shall be paid for by the OWNER: provided that, where inspection or approval is specificail? required by the specifications prior to performance of certain work, should the CONTRACTOR proceed with such work without requesting prior inspection or approval he shall bear all expense of taking up, removing, and replacing this work if so directed by the ENGINEER. 2.14 DEFECTS AND THEIR REMEDIES. [t is further agreed that if the work or an.v part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the ENGINEER as unsuitable or not in conformity with the speci- fications, the CONTRACTOR shall, after receipt of written notice thereof from the ENG:NEER. forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. 9.15 CHANGES AND ALTERATIONS. The CONTRACTOR further agrees that the OWNER may make such changes and alterations as the OWNER may see fit. in the line, grade, form. dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accoml~anying Performance and Payment Bonds. G-4 .~ ........... - If such chan~as or alterations diminish the quantity of the work to be done, they shall not constitute the bash for a claim for damagns, or anticipated profits on the work that may be dispansed with, except as provided for unit price items under Section .~, "Measurement and Pay- ment.'* If the amount of work is increased, and the work can fairly be ci**~ified under the speci. fication& such increase shall be paid for according to the quantity* actually done and at the unit price, if any, established for such work under this contract, except as provided for unit price items under Section 5 "Measurement and Payment;" otherwise, such additional work shall be paid for as provided under Extra Work. In case the OWNER shall make such changes or alterations as shall make useless any work already done or material already furnished or usect in said work, then the OWNER shall recompense the CONTRACTOR for an~, material or labor so used, and for any actual Iota occasioned by such change, due to actual expenses incurred in preparation for the work as oritrinally planned. 3. GENERAL OBLIGATIONS AND RESPONSIBILITIES 3.0I KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE. The ENGINEER shall furnish t;l~ CONTRACTOR with an adequate and reasonable number of copies of all plans and specifications without expense to him, and the CONTRACTOR shall keep one copy of the sa. ~e constantly accessible on the work, with the latest revisions noted thereon. 3.09- OWNERSHi~ OF DRAWINGS. All drawings, specifications and copies thereof furnished by the ENGINEER shall not bo reused on other work, and, with the exception of the signed contract sets, &m to be returned to him on request, at the completion of the work. All models are the property of the OWNER. 3.03 ADEQUACY OF DESIGN. [t is understood that the OWNER believes it has employed competent engineers and designers. It is, therefore, agreed that the OWNER shall be responsible for the adequacy of the design, sufficiency of the Contract Documents, the safety of the structure and the practicability of the operations of the completed project; provided the CONTRACTOR has complied with the requirements of the said Contract Documents, all approved modifications thereof, and additions and alteutions thereto approved in writing by the OWNER. The burden of proof of such compliance shall be upon the CONTRACTOR to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof and all approved additions and alterations thereto. 3.04 RIGHT OF ENTRY. The OWNER reserves the right to enter the property or location on which the works herein con'~rected for are to be constructed or installed, by such agent or agents as he may elect, for the purpose of inspecting the work, or for the purpose of constructing or installing such collateral work as said OWNER may desire. 3.05 COI.I.A, TERAL CONTRACTS. The OWNER agrees to provide by separate contract or oth~whle, all labor and material essential to the completion of the work specifically excluded from this contract, in such manner as not to delay the progress of the work, or damage said CONTRAC- TOR, except where such delays are specifically mentioned elsewhere in the Contract Documents. 3.06 DISCREPANCIES AND OMISSIONS. It is further agreed that it is the intent of this contract that all work must be done and all material must be furnished in accordance with the generally accepted practice, and in the event of any discrepancies between the separate contract documents, the priority of interpretation defined under "Contract Documents" shall govern. In the event that there is ~till any doubt as to the meaning and intent of any portion of the contract, specifications or drawings, the ENGLAIEER shall define which is intended to apply to the work. 3.07 EQUIPMENT, MATERIALS AND CONSTRUCTION PLANT. The CONTRACTOR shall be responsibla for the care, preservation, conservation, and protection of ali materials, supplies, machinery, equipment, tools, apparatus, acceseories, facilities, all means of construction, and any and all parts of the work, whether the CONTRACTOR has been paid, partially paid. or not paid for such work, until the entire work is completed and accepted. G-5 ~-~ ............... 3.08 DAMAGES. In the event the CONTRACrFOR is dama~d in the eoune of the comple* tion of the work by the act. naglact, omimion, mistake or default of tho OWNER, or of the ENGINEER. or of any other CONTRAC~'OR employed by the OWNER upon the work. therebv causing iota to the CONTRACTOR, the OWNER ~ that he will reimburse the COI~RACTOR for such io~. In the event the OWNER is damaged in the course of the work by the act, negligence, omimon, mistake or default of the CONTRACTOR, or should the CONTRACTOR unreasonably delay the progre~ of the work being done by others on the job so as to cause loes for which the OWNER becomes liable, then the CONTRACTOR shall reimburse the OWNER for such loss. 3.09 PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC. The CONTRACTOR shall at ail times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provisions of Federal, State, and Municipal safety laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America except where incompatible with Federal, State, or Municipal laws or regulations. The CONTRACTOR shall provide such machinery guards, safe walkways, ladders, bridges, gangplanks, and other safety devices. The safety precautions actually taken and their adequacy shall be the sole responsibility of the CONTRACTOR, acting at his discretion as an indepen,;cnt contractor. 3.10 PERFORMANCE AND PAYMENT BONDS. Unless otherwise specified, it is further agreed by the parties to this Contract that the CONTRACTOR will execute separate performance and payment bonds, each in the sum of ese 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 persons supplying 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 furnished and approved by the OWNER. Unles~ otherwise approved in writing by the OWNER, the surety company underwriting the bonds shall be acceptable according to the latest list of companies holding certificates 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. 3.1! LOSSES FROM NATURAL CAUSES. Unless otherwise specified, all loss 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 unforeseen circumstance in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the CONTRACTOR at his own cost and expense. 3.12 PROTEC'IION OF ADJOINING PROPERTY. The said CONTRACTOR shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which might be injured or seriously affected by any process of construction to be undertaken under this Agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjoining property. The CONTRACTOR agrees to indemnify, save and hold harmless the OWNER and ENGINEER against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the performance of the contract; but any such indemnity shall not apply to any claim of any kind arising out of the existence or character of the work. 3.13 PROTECTION AGAINST CLAIMS OF SUB-CONTRACTORS, LABORERS, MATER- IALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES. The CONTRAC- TOR agrees that he will indemnify and save the OV~ER and ENGINEER harmless from all claims growing out of the lawful demands of sub-contractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, including commiqq~y, incurred in the furtherance of the performance of this contract. When so desired by the OWNER, the CONTRACTOR shall furnish satisfactory evidence that all obligations of the r. ature hereinabove designated have been paid. discharged or waived. If the CONTRACTOR fails so to do. then the OV,',~ER may at the option of the CONTRACTOR either pay directly any ~npa~d bills, of which the OWNER has written notice, or withhold from the CONTRACTOR'S unpaid compensation a sum of money deemed reasonably sufficient to liquidate any and all such ~awful alarms untd satisfactory evidence is furnished that all liabilities have been fully discharged. .*-hereupon payments to the CONTRACTOR shall be resumed in full. in accordance with the terms of this 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 his Surety. 3.14 PROTECTION AGAINST ROYALTIES OR PATENTED INVENTION. The CON- TRACTOR shall pay all royalties and license fees. and shall provide for the u~ of any desi~, ~ev~ce. material or process covered by letters patent or copyright by suitable legal a~reement w,th the patentee or owner. The CONTRACTOR shall defend all suits or claims for infringement of any patent or copyright rights and shall indemnify and save the OWNER and ENGINEER harmless from any loss on account thereof, except that the OWNER shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or proce~ or ~he product of a particula~ manufacturer or manufacturers is specified or requi~ed by the OWNER; provided, howewr, if choice of alternate design, device, material or proee~ is allowed to the CONTRACTOR, then CONTRACTOR shall indemnify and save OWNER harmless from any loss on account thereof. [f '.l~e material or process specified or required by the OWNER is an infringe- ~en~. the CONTRACTOR shall be responsible for such loss unless he promptly gives such mforma~ion to the OWNER. 3.15 LAWS AND ORDINANCES. The CONTRACTOR shall at all times observe and comply · *-~th ail Federal. State and local laws. ordinances and regulations, which in any manner affect the coctract or the work, and shall indemnify and save harmless the OWNER and ENGINEER against any claim ~ising from the violation of any such laws, ordinances, and resulations whether by the CONTRACTOR or his employees, except wl~ere such violations are called for by the provisions o~ the Contract Documents. If the CONTRACTOR observes that the plans and specifications are at variance therewith, he shall promptly notify the ENGINEER in writing, and any necessa~/ c~.anges shall be adjusted as provided in the contract for changes in the wo~. [f the CO~TRAC- TOR performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the ENGINEER, he shall bear all costs arisin~ therefrom. In case the OI,~,'.~ER 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 though embodied herein. 3.16 ASSIGNMENT AND SUBLETTING. The CONTRACTOR further agrees that he will :e~a,n personal control and will Live his personal attention to the fu[flliment of this contract and '.hat he will not assign by Power of Attorney, or otherwise, or sublet said contract without the written consent of the ENGINEER, and that no part or feature of the work will be sublet to anyone objectionable to the ENGLNEER or the OWNER. The CONTRACTOR further ~ees that the subletting of any portion or feature of the work, or materials t~lUi~l in the performance of ~his contract, shall not relieve the CONTRACTOR from his full obliptiona to the OWNER, as provided by this A~'eement. 3.17 INDEMNIFICATION. The CONTRACTOR shall defend, indemnify and hold harmles~ the OWNER and the ENGINEER and their respective officers, agents and employees, from and against all damages, claims, losses, demands, suits, judgments and costs, including reasonable attorneys' fees and expenses, arising out of or resulting from the performance of the work, provided that any such damages, claim, loss. demand, suit, judgment, cost or expense: Is attributable to bodily injury, sickness, disease or death or to injury to or destruction of tang:ble propert.v (other than the work itself} including the loss of use resulting therefrom: and, (2) Is caused in whole or in part by any negligent act or omnSSion of 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, regardl~s of whether or not it is caused in part by a party indemnified hereunder. The obligation of the CONTRACTOR under this Para~aph 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, Change Orders, designs or specifications, or the giving of or the failure to give directinns or instructions by the ENGINEER, his agents or employees, provided such givin~ or failure to give is the primary cause of the injury or damage. 3.18 INSURANCE. The CONTRACTOR at his own expense shall purchase, maintain and keep in force such insurance as will protect him from claims set 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~' 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) WorJtmen'b vompensation claims, disability benefits and other similar employee benefit acts; (2) Claims for damqes because of bodily injury, occupational sickness or disease, or death of his employees, and claims insured by usual bodily injury liability coverages; (3} Claims for damages because of bodily injury, siekn~s or disease, or death of any person other than his employees, and claims insured by usual bodily injury liability coverages; and (4) Clnlmt for damages beeauee of injury to or destruction of tangible property, including loss of use resulting therefrom. 3.18.1 CERTIFICATE OF i~qSURANCE. Before commencing any of the work, CONTRAC- TOR shall file with the OWNER valid Certificates of Insurance acceptable to the OWNER and the ENGINEER. Such Certificates shall contain a provision that eovereges afforded under the policies will not be cancelled until at least fifteen days' prior written notice has been given to the OWNER. The CONTRACTOR shall also file with the OWNER valid Certificates of Insurance covering all sub-contractors. ¢. PROSECUTION AND PROGRESS 4.01 TIME AND ORDER OF COMPLETION. It is the meaning and intent of this contract, unless otherwise herein epeeificaliy provided, that 0'~. CONTRACTOR shall be allowed to prosecute his work at such times and seasons, in such order of precedence, and in such manner as shall be most conducive to economy of construction: provided, however, that the order and the time of prosueution shall be ~uch that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the Propo~l; provided, also, that when the OWNER is having other work done, either by contract or by his own force, the ENGINEER may direct the time and manner of constructing the work done under this contract, so that conflict will be avoided and the construction of the various works being done for the OWNER shall be harmonized. The CONTRACTOR shall submit, at such times as may reasonably be requested by the ENGINEER, schedules which shall show the order m which the CONTRACTOR proposes to carry on the work, with dates at which the CONTRACTOR will start the several parts of she work, and estimated dates of completion of the several parts. G-8 e ..... ~ ,,-- 4.02 EXTENSION OF TIME. Should the CONTRACTOR be delayed in the completion of the work by any act or neglect of the OWNER or ENGINEER, or of any employee of either. or by other' contractors employed by the OWNER, or by changes ordered in the work, or by strikes, lockouts, fires, and unusual delays by common carriers, or unavoidable cause or causes beyond 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 compensete for the delay, the amount of the extension to be determined by the ENGINEER. provided, however, that the CONTRAGTOR shall give the ENGINEER prompt notice in writing of the cause of such delay. 4.013 HINDRANCES AND DELAYS. No claims shall be made by the CONTRACTOR for damages resulting from hindrances or delays from any cause (except where the work is stopped by order of the OWNER) during the progress of any portion of the work embraced in this contract. In cese mid work shMl be stopped by the act of the OWNER, then such expense as in the judgment of the ENGINEER is cans~i by such stoppage of said work shall be paid by the OWNER to the CONTRACTOR. 5. MEASUREMENT AND PAYMENT 5.01 QUANTITIES 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, unles~ otherwise specifically provided. 5.02 ESTIMATED QUANTITIES. This agreement, including the specifications, plans and astimate, is intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities ~re shown for the various class~ of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a bugs for estimating the probable cost of the work and for comparing the proposals offered for the work. It is understood and ~reed 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 agrees chat he will make no claim for darnMes, anti£ipated profits or osherwise on account of any differences which may be found between the quantities of work actually done, the material actually furnished under this contract and the estimated quantities contemplated and contained in the proposal: provided, however, that in case the actual quantity of any major item should become u 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 apy individual bid item incurred in the proposal that hes a total co~ equal to or greater than five (5) per cent of the total contract cost, computed on the bugs of the propo~ quantities and the contract unit prices. Any revival consideration is to be determined by agreement between the parties, otherwise by the term~ of this Agreement, as provided under "Extra Work." 5.03 PRICE OF WORK. In consideration of the furnishing of ali the necessary labor, equipment and material, and the completion of all work by the CONTRACTOR, and on the completion of all work and of 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 for well and truly performing the same and the whole thereof in the manner and according to this Agreement. G-9 .o., 5.04 PARTIAL PAYMENTS. On Or before the 10th day of each month, 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 month: said statement shall also include the value of all sound materials delivered on the site of the work that are to be fabricated into the work. The OWNER shall then pay the CONTRACTOR on or before the 15th 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 retaiimd until final payment, and further less all previous payments and ail further sums that may be retained by' the OWNER under the terms of this 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 the part 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 at the OWNER'S option, may be relieved of the obligation to fu!l.~' 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 OWNER shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding the time for completing the entire work or such portions may not have expired but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use increases the cost of or delays the work, the CONTRACTOR shall be entitled :o such extra compensation, or extension of time, or both, as the ENGINEER may determine. The CONTRACTOR shall notify the ENGINEER when, in the CONTRACTOR'S opinion, the contract is "substantially completed" and when :o notifying the ENGINEER, the CONTRAC- TOR shall furnish to the ENGINEER in writing a detailed list of unfinished work. The ENGINEER will review the CONTRACTOR'S list of unfinished work and will add thereto such items as the CONTRACTOR has failed to include. The "substantial ~ompletion" of the strneture or facility shall not excuse the CONTRACTOR from pat'forming all of the work undertaken, whether of a minor or major nature, and thereby completing the structure or facility in aeeordenee with the Contract Document~. 5.06 FINAL COMPLETION AND ACCEPTANCE. Within ten (10) days after the CON- TRACTOR has given the E2NGINEER written notice that the work has been completed, or substantially completed, the ENGINEER and the OWNER shall inspect the work and within said time, if the work be found to be completed or substantially completed in accordance with the Contract Documents, the ENGINEER shall issue to the OWNER and th~ CONTRACTOR his Certificate of Completion, and thereupon it shall be the duty of the OWNER within ten (10) days to issue a Certifieate of Acceptance of the work to the CONTRACTOR or to a~tv;se'the CONTRAC- TOR in writing of the reason for non-acceptance. 5.0'7 FINAL PAYMENT. Upon the issuance of the Certificate of Completion, the ENGI- NEER shall proceed to make final measurements and prepare final statement of the value of all work performed and materials furnished under the terms of the Agreement and shall certify same to the OWNER, who shall pay to the CONTRACTOR on or after the 30th day. and before the 35th day, after the date of the Certificate of Completion, the balance due the CONTRACTOR under the terms of this Agreement, provided he has fully performed his contractual obligations under the terms of this contract; and said payment shall become due in any event upon said performance by the CONTRACTOR. Neither tile Certificate of Acceptance nor the final payment. nor any provision in the Contract Documents, shall relieve the CONTRACTOR of the obligation for fulfillment of any warranty which may be required. 5.08 PAYMENTS WITHHELD. The OWNER may, on account or' subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of: (a) Defective work not remedied. Ih) Claims filed or reasonable evidence indicating probable filing of claims. (c) Failure of the CONTRACTOR to make paymenr~ properly to sub- contractors or for material or labor. id) Damage to another contractor. (e) Reasonable doubt that the work can be completed for the unpaid balance of the contract amount. (f) Reasonable indication that the work will not be completed within the contract time. When the above /rounds are removed or the CONTRACTOR provides a Surety Bond satisfacto~ to the OWNER, which will protect the OWNER in the amount withheld, payment shall be made for amounts withheld because of them. 5.09 DELAYED PAYMENTS. Should the OWNER fail to make payment to the CONTRAC- TOR of the sum named in any partial ot final statement, when payment is due, then the OWNER shall pay to the CONTRACTOR, in addition to the sum shown as due by such statement, interest thereon at the rate of six (6) pet cent per annum, unless otherwise specified, from date due as provided under "Partial Payments" and "Final ?ayments," until full.,' paid, which shall fully liquidate any injury to the CONTRA~R/towin~ out of such delay in payment, but the right is expressly reserved to the CONTRACTOR in the event payments he not promptly made, as provided under "Partial Payments," to at any time thereafter treat the contract as abandoned by the OWNER and recover compensation, as provided under "Abandonment of Contract," unless such payments are withheld in accordance with the Wovisions of "Payments Withheld." 6. EXTRA WORK AND CLAIMS 6.01 CHANGE ORDERS: Without invalidatin~ this ,a4reement, the OWNER may, at time or from time to time, order additions, deletions or revisions to the work; such ch-n_~s will be authorized by Chen~e Order to be prepared by the ENGINEER for execution by the OWNER and the CONTRACTOR. The Chen~e Order shall set forth the he~s for any thence in contract price, es hereinafter set forth for Extra Work, and any cheese in contract time which may rseult from the chen~e. In the event the CONTRACTOR shall refuse to execute a Chenle Order which has bean prepared by the ENGINEER and executed by the OWNER, the F_~GINEER may in writinl instruct the CONTRA~R to proceed with the work as set forth ia the Chen~e Order and the CONTRACTOR may make claim egainst the OWNER for Extra Work involved therein, as ~ter provided. 6.09- MINOR CHANGES: The ENGINEER may authorize minor chen~es in the work not inconsistent with the overall intent of the Contract Documents and not involvinl an incre~e in Contract Price. If the CONTRACTOR believes that any mino~ chanle or alteration antho~zed by the ENGINEER involves Extra Work and entitle~ him to an increase in the Contract Price, the CONTRACTOR shall make written request to the ENGINI~.£R for a written Field Order. In such case, the CONTRACTOR by copy of his communication to the ENGINEER or otherwise in writin~ shall advise the OWNER of his request to the ENGINEER for a written Field Order and that the work involved may result in an increase in the Contract Price. Any request by the CONTRACTOR for a chan~e in Contract Price shall be made prior to beginning the work coveted by the proposed chan~e. 6.03 EXTRA WORK: It is a~reed that the b~i~ of compensation to the CONTRACTOR for work either added or deleted by a Chan~e Order or for which a claim for Extra Work is made shall ~e determined by one or more of the following methods: G-II Method (A)--By agreed unit prices: or Method (B)--By agreed lump sum; or Method (C)--If neither Method (A) nor Method (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 nsed on such Extra Work, plus actual transportation charges necessarily incurred, together with .11 power, fuel, lubricants, water and similar operating expenses, also all necest~-y 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'a 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 ENGINEER may direct the form in which account~ of the "actual field cost" shall be kept and the records of these accounts shall be made available to the ENGINEER. The ENGINEER or OWNER may also specify in writing, before the work commences, ~he method of doing the work and the type and kind of machinery and equip- m~nt to be u~d~ otherwise these matters shall be determined by the CONTRACTOR. Unless otherwise ~ upon, the prices for the u~e of machinery and equipment shall be determined by udng 100 per cent, unlm otherwise specified, of the latest schedule of Equipment Ownership Expe,-~e adopted by th~ Amociated General Contractors of America. Where practicable the terms and prices for the u~e of machinery and equipment shall be incorporated in the Written F. xtt~ Work Order. Tile fifteen (15%) per cent of the "actual field cost" to be paid the CONTRAC. TOR shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and ali other elements of cost and expense not embraced within the "actual field cost" as herein defined, uve that where the CONTRACTOR'S Camp or Field Office must be maintained prim~ily on account of such Extra Work; then the cost to maintain and operate the ~ame ~hall be included in the "actual field cost." No claim for Extra Work of any kind wiU' be allowed unle~ ordered in writing by the ENGINEER. In c~e 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 -hall n~ke w~itten request to the ENGINEER 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 ENGINEER insistz upon its performance, the CONTRACTOR ~hali proceed with the work after m~king written request for written order and shall keep an accur&te 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 hminbeinw provided. 6.04 TI~ OF FILING CLAIMS. It is further agreed by both parties hereto chat all questions of dispute or adjustment presented by the CONTRACTOR shall be in writing and filed with the ENGINEER within thirty (30) days after the ENGINEER has given any directions, order or instruction to which the CONTRACTOR desires to take exception. The ENGINEER shall reply within thirty (30) days to such written -xceptions'~y the CONTRAC*I'OR and render his final dmcialon in w~ting. In case the CONTRACTOR should appeal from the ENGINEER'S dmcialon, any demand for arbitration shall be filed with the ENGINEER and the OWNER in writin~ within ten (10) days after the date of delivery to CONTRACTOR of the ENGINEER'S final decision. It is further agreed chat final acceptance of the work by the OWNER and the acceptance by the CON~CTOR of the final payment shall be a bar to any claims by either party, except where noted otherwis~ in the Contract Documents. 6.05 ARBITRATION. All questions of dispute under this Agreement shall be submitted to arbitration at the request of either party to the dispute. The parties may agree upon one arbiter, otherwise, there shall be three, one named in writing by each party, and the third chosen G-12 .~ ....... -, ,,.. by the two arbiteu so selected; or ir the arbiters fail to select a third within ten (10) days, he shall be chomn by a District Judp serv4n*_ the County in which the major portion of the project is located, unisel otherwise specified. Should the party demanding arbitration fall to name an arbiter within ten (10) days or the demand, his tight to arbitrate shall lapse, and the decision of the ENGINEER shall tM final and binding on him. Should the other party fail to choose an arbiter within ten (10) days, the ENGIArEER shall appoint such arbiter. Should either party refuse or nqlect to supply the arbiters with any pape~ or in~ormetion demanded in mqtin(, the arbiteu arm empowered by both parties to take ex pm'te proceedin(~ The arbiters shall act with p~omptflees. The decision of any two shall he bindinf on both parties to the contract. The decision or the arbiteu upon any question submitted to arbitration under this contract shall he a condition precedent to any tifht of lefal action. The decision of the arbiter or arbiters may be filed in court to carry it into e.ect. The arbiters, ir 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 ir the appeal was t~ken without reasonable cause, they may sward damqes for any delay occasioned thereby. The arbiters shall f'u~ their own compensation, unless otherwise provided by qreement, and shall emem the cost and char~ns of the arbitration upon eithes or both parties. The award of the arbitm must he made in vrritinf. ?. ABA~~ OF CONTRACT 7.01 ABANDONMENT BY CONTRACTOR. In cam the CONTRACTOR should abandon and fail or r~use to resume work Within ten (10) days after written no~icetion from the OWNER, or the ENGINEER, or ir the ~:)NTRACFOR fails to comply with the orders or the ENGINEER, 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 notified in writinf and directed to complete the work, and a copy of mid notice droll bo deliveed to the CONTRA~FOR. After r~eivinf mid notice of abandonment the CONTRA~I~)R shall not remove from the work any machinery, equipment, tools, materials or supplies then on tb job, but the same, tofethar with any materials and equipment under contract for the work, may he held for use on the work by the OWNER 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 b allowed as provided for under Section 6, Extra Work and Clalnu), it being understood that the ute of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the t'mal settlement. Where there is no parfoemance bond provided or in eom the Surety shouM fail to commence compliance with the notice rot completion haveinhefore provided for, within ten (10) days after service of such notice, then b OWNER may provide for completion or the work in either or the followinf elective 7.01.1 The OWNER may thereupon employ such force or men and use such mechiMry, equipment, too~ mastoids and supplies se-mid OWNER my deem necemm~ to complete the work and charp the expense of such labor, ~achin-_.y, equipment, tools, materials and supplies to mid COIqTRA~*FOlt, and expense so char~ed shall be deducted and paid by the OWNER out or such moneys as may be due, or that may thereafter at any time become due to the CONTRAC- TOR under and by virtue of this A~reement. In case such expense is lam than the sum which wouM have been payable under this contract, ir the same had been compieted by the CONTRACTOR, then said CONTRACTOR shall receive the difference. In cam such expense is frester than the sum which wouM have been payable under this contract, if the same had been completed by said COI%~f'RACTOR, then the CONTRACTOR and/or his Surety shall pay the amount of such excess to the OWNER; or 7.01.2 The OWNER under sealed bids, after five (5) days notice published one or more times in s newspaper hevinf general circulation in the county of the location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case any in~m in cost to the OWNER under the new contract as compared to w.3et would have been the cost under this contract, such increase shall charled to the CONTRACTOR and the Surety shall he and remain bound therefor. However, shouM the cost to complete any such new contract prove to he lam than what wouM have been the cost to complete unde* this contract, the CONTRACTOR and/or his Surety shall be credited therewith. G-13 When the work shall have been substantially completed the CONTRACTOR and his SureLy dMl be so notif'mi and Certificates or Completion and Acceptance. is provided in Paragraph 5.06 bereimbove, shall be imued. A complete itemized statement of the contract accounts, certified to by the ENGINEER as beinf correct, shall then be prepared and delivered to the CONTRACTOR and his Surety. vhereupon the CONTRACTOR and/or his Surety, or the OWNER is the case may be, shall pay the balance due is reflected by said statement, within f',rteen (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 te~ns 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 over 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 fall to pay the amount due the OWNER within the time dis~ted hereinabove, and there remalrm any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, to~ether with an itemized list of such equipment and materials, shall be mailed to the CONTRACTOR and his Surety at the respective addresses des~nated in this contract, provided, however, that actual written notice given in any manner will satisfy this condition. After marling, or other giving of such notice, such property 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 notice the OWNER may sell such machinery, equipment, tools, materials or suppliis and apply the net sum derived from such sale to the credit of the CONTRACTOR and his Surety. Such mile may be made at either public or private sale, with or without notice, is the OWNER may elect. The OWNER shah release any machinery, equipment, tools,· materials, or supplies, which remain on the work, and belong to persons other than the COITrRACTOR or his Surety, to their proper owners. The books on all operations provided herein shall be open to the CONTRACTOR and his Surety. 7.02 ABANDONMENT BY OWNER. In case the OWNER shall fail to comply with the terms of this contract, and should fail or refuse to comply with said terms within ten (10) days after written notification by the CONTRACTOR, then the CONTRACTOR may suspend or wholly abandon the work, end may remove therefrom all machinery, tools and equipment, and all 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 ENGINEER 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 at a fsir and equitable price, and the amount of all Extra Work performed at the prices arreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the CONTRACTOR to carry the whole work to completion and which cannot be utilized. The ENGINEER shall then make a final statemen£ of the balance due the CONTRACTOR by deducting from the above estimate all previous payments by the OWNER and all other sums that may be retained by the OWNER under the terms of this Afreement 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 CONTRACTOR, under the terms of this A~rsement. SECTION F SPECIAL CONDITIONS FOR UTILITY IMPROVEMENTS I. DOCUMENTS AND SPECIFICATIONS APPLICABLE TO CONTRACT A. Standards Standard specif£cations, codes, rules and regulations referred to in these specifications by basic name or desi~nation only shall be considered to be of the latest issue with all amendments as of the date of ~e advertisement for bids, unless one particular issue is specifically named. Vhere standards in these specifications are in conflict with those of the City of Coppell, The City of Coppell Standards shall apply. ~ere no specification, NCTCOG Specifications will apply. B. Standard Form of A~reemen~ General Conditions, Performance Bond and Payment Bond of the "Standard Forms of Agreement BeTween Owner and Contractor", shall apply to this contract. II. CONTRACT DRAWINGS AND SPECIFICATIONS The information appearing on the contract drawings has been obtained from field surveys. The drawings have been carefully prepared and all information shown, but the Contractor must satisfy himself as to the actual conditions to be encountered. The successful bidder will be furnished with three (3) copies of all contract drawings and speci- fications withou~charge. Additional sets will be furnished upon request ag printing cost. Reuse of these documents on work other than defined by this contract is strictly prohibited. III. PERMITS AND LICF~SES The Contractor shall procure all Federal, County, State, and City permits and licenses, including business licenses, and pay all charges and fees for the same without recourse under the contract, and shall give all notices necessary for the lawful prosecution of the work. 9150~01 .~04 F1 IV. BONDS The Contractor shall be responsible for providing a two year maintenance bond for 25% of contract amount in the name of the City of Coppell as required by the City of Coppell. The Contractor shall include the costs for bonds as job-related expenses. No separate payment will be made. V. COOPEBATION BETWEEN CONTRACTORS When two or more Contractors are employed on related or adjacent work or obtain materials from the same material source, or when work must be completed by one Contractor before another can begin, each shall conduct his operations in such a manner as not to cause an unnecessary delay or hindrance to the other. Each Contractor shall be responsible to the other for all damage to work, to persons, or to property caused to the other by his operations, and for loss caused the other due to unreasonable or unjustified delays or failure to finish the work or portions thereof, or furnish materials within the time requested. The Owner shall under no circumstances be liable or responsible for guaranteeing or assuring that any claims among Contractors shall be paid; and any representation, expressed or implied, that any Contractor to whom a contract is awarded is responsible or will be able to respond for damages is expressly negated. VI. ACCESS AND HAUL ROUTES The Owner shall approve the proposed access roads which shall be used for the movement of personnel and equipment. The initial access roads shall be subject to change by the Owner, occasioned by the progress of the work or unforeseen conditions. The Contractor shall be permitted to propose alternate routes in accordance with permit limitations imposed upon him by state, county or municipal road or highway departments. No change £n haul routes shall be the basis for extra payment. VII. EXISTING UNDERGROUND FACILITIES The Owner has made a reasonable effort to locate all underground facilities. The Contractor shall immediately report to the Owner any additional underground facilities which he discovers. It shall be the Contractor's responsibility ~o determine the true location and depth of all underground facilities if their preservation is necessary to the existing Owner of said facility. 9130~801 .NO6 F2 VIII. PROTECTION OF TREES No tree shall be removed without the express written permission from the O~ner or his authorized representative. All trees that are not designated removed shall be protected from damage to their trunks and limbs, and the Contractor shall not allow any fill or excavation material to be piled at the base of any of the existing trees so that the natural grade is raised. Any tree that is destroyed because of the aforementioned reasons shall be replaced at the Contractor's expense. Any tree of a specimen type that cannot be replaced in type and quality, or because of size, will be considered a value loss, and such trees will be assigned a net value of $1,000. The Owner will submit an itemized statement for such tree loss and may charge same against the Contractor's pay estimates, and withhold payment for all damaged or destroyed trees until replacement. IX. STORAGE OF MATERIALS The Contractor shall at all times carefully and properly protect all materials of every description, both before and after being used in the work, and provide any enclosing or special protection from the weather deemed necessary by theOrist, without additional cost. Partial payments will not relieve the Contractor of any of his responsibility in this regard. X. SAMPLES AND TESTING The Owner will approve the testing laboratories for the different tests which must be accomplished in a laboratory such as soils, concrete, welding, etc., and the Contractor will pay for these services directly. The Contractor shall be responsible for seeing that these tests are performed and that the Owner is furnished current information as to when tests are to be made. Tests conducted in the field, such as hydrostatic testing, will be performed by the Contractor at his expense. At the option of the Owner, the source of supply of each of the materials shall be approved by the Owner before delivery is started and before such material is used in the work. Representative samples of materials shall be submitted by the Contractor for testing or examination as described by the O~uer. All tests of materials furnished by the Contractor shall be made in accordance with commonly recognized standards of national organizations and such methods and tests as are prescribed in these specifications. The Contractor shall furnish such samples of materials as are requested by the Owner without charge. Materials being tested shall not be used until they have been approved by the Owner. Samples will be secured and tested~henever necessary to determine the quality of the material. 91~02~1.140& F3 XI. SAFETY The Contractor shall be responsible for the safety of himself, his employees, 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 operation. Ail work shall be done in accordance.with the Occupational Safety and Health Administration, Safety and Health Regulations of the United States Government for construction and all other applicable government regulations. XII. TIME OF COMPLETION AND LIOUIDATED DAMAGES The time set forth in the proposal for the completion of the work is an essential element of the contract. The Contractor and Owner understand and agree that a breach of this contract, as to completion on time, will cause damage to the Owner. The parties agree that each and every calendar day the work or any port£on thereof shall remain uncompleted after the expiration of the time limit, the amount per day given in the following schedule will be deducted from the money due or to become due the Contractor, not as a penalty, but as liquidated damages and added expense of engineering and overhead. Amount of Damages Per Contract Calendar Day Under $ 1,000.00 $ 10.00 $ 1,000.00 10,000.00 25.00 10,000.00 50,000.00 50.00 50,000.00 100,000.00 100.00 100,000.00 250,000.00 150.00 250,000.00 500,000.00 250.00 500,000.00 750,000.00 325.00 Over 750,000.00 400.00 The Contractor shall within 10 days from the beginning of any delay notify the Owner, in writing, of the causes of delay. The Owner shall ascertain the facts and the extent of delay, and his findlng of the facts thereon shall be final and conclusive. XlII. GUARANTEg The Contractor shall deliver to the City of Coppell at the time of acceptance written guarantees that all work installed by him is free from any and all defects in workmanship and materials. The Contractor further guarantees, in writing, that if during a period of one year from the date of final acceptance of the completed work by the City any such defects will be remedied by him without cost to the Owner. Should the Contractor fall to remedy the defects as outlined herein within a reasonable length of time, to be specified by the Owner, then the Owner may have such work 9130Z801.#~ F4 done and charge the cost to the Contractor or the surety company should the Contractor fail to meet his obl£gations. xiv. cLmu~m Upon completion and before making application for acceptance of the work, the contractor shall clean all streets, borrow pits and all ground occupied by him in connection with the work of all rubbish, excess materials, temporary structures, and equipment. Ail parts of the work shell be left in a neat and presentable condition deemed satisfactory to the Owner. Special cleanup conditions will be specified in the technical specifications. XV. UTILITIES FOR CONSTRUCTION A. Water Water for all construction purposes shall be supplied by the Contractor. B. Electricity The Contractor will be responsible for making his own provisions for electric power required for construction purposes and will pay all power cost. C. Telephone The Contractor will be responsible for making his own arrangements for telephone ~ervices at the construction site and will pay all cost. XVI. PROJECT CONDITIONS A. Construction Soecifications In addition to the construction plans, facilities shall be built in accordance with the City of Coppell's specifications. Ail items listed are a part of the Contract Documents. North Central Texas Council of Governments (NCTCOG) Standard Specifications shall be used for items not addressed in the City of Coppell and these specifications. 913O2801 .NO~ F5 B. Affidavit of Bills Paid Prior to final acceptancs of th£s project by the Owner, the Contractor shall execute an affidavit that all bills for labor, materials, and incidentals incurred in the construction of these improvements have been paid in full, and that there are no claims pending. Tbs Owner will also require partial lien waivers for each progress payment made during the construction process. Succeeding progress payments will not be made unless a lien waiver is obtained for each payment. A bills paid affidavit shall also be executed at the acceptance of any and all payments. C. Contract Documents The Contract Documents are complementar7 so that what is called for by one is as binding as if called for by all. If the Contractor finds a conflict, error or discrepancy in the Contract Documents, he will call it to the attention of the Owner, in writing, before proceeding with the work affected thereby. In resolving such conflicts, errors and discrepancies, the documents shall be given precedence in the following order: Agreement, Specifications, Drawings. Within the specifications, the order of precedence shall be as follows: Proposal, Special Provisions, Instructions to Bidders, Technical Specifications, General Conditions and Agreement. Figure dimensions on drawings shall govern over scaled dimensions, and detailed drawings shall govern over general drawings. Any work which may be reasonably inferred from the specifications or drawings as being required to produce the 'intended result shall be supplied whether or not it is specifically called for. Work, materials or equipment described in words which so applied have a well-known technical or trade meaning shall be deemed to refer to such recognized standards. The Contractor assumes full responsibility for having familiarized himself with the nature and extent of the Contract Documents, the work locality, and local condi~ions, which may in any manner affect the work to be done. XVII. INSURANC~ Indem,~ity To the full extent permitted by law, CONTRACTOR hereby agrees to save, inde~nifyandkeep harmless "OWNER" and its agents, employees, successors and assisns from and against all costs, expenses, obligations, liabilities, claims, causes of action, Judgements, or demands for damages, injuries or losses to persons or property arising out of, resulting from, or in connection with performance of the Work under this 913028O1 .~0~ F6 Agreement, including, but not limited to the loss, by theft or otherwise, or damage to any building materials, equipment, tools, vehicles or other property of CONTRACTOR or any subcontractor of CONTRACTOR. CONTRACTOR will defend any and all claims or suits which may brought or threatened against OVNER in connection therewith and will pay on behalf of OVNERall costs and expenses of any nature which 09NER incurs by reason of such claims or suit (including, but not limited to, court costs and attorneys fees by or on behalf of OPNER in defending or investigating such claims or actions). Such payment by CORYi~ACTOR on behalf of OWNER shall be in addition to any and all other legal or equitable remedies available to OWNER hereunder and shall not be considered O%~NER'S exclusive remedy. In order to ensure fulfillment of the foregoinS obligations, CONTRACTOR agrees to carry the followinS insurance coverages continuously durinS the term of this contract with insurance companies acceptable to O~ER; provided, however, that the maintenance by CONTRACTOR of the insurance coverages described herein shall in no way be construed to limit or discharge CONTRACTOR's obligations set forth in the precedinS paragraph. Co.-.ercial General Liability Coverage Commercial General Liability Insurance on a Claim Occurrence Form containing a per occurrence or aggregate combined single limit of $1,000,000.00 providinS protection against bodily injury, property damage (Broad Form) and personal injury claims arisinS from the exposures of 1) premises-operations; 2) products and completed operations includinS materials designed, furnished and/or modified in any way by CONTRACTOR; 3) independent contractors; 4) contractual liability risk coverinS the indemnity obligations set forth in this Agreement; and 5) property damage resulting from explosion, collapse, or underground (x, c, u) exposures. Automobile Liability Coverage Automobile Liability Coverage containing a $500,000 per occurrence and aggregate combined single limit of liability insuring against bodily injury and/or property damage arising out of the operation, maintenance or use of any auto including, owned, non-owned, hired, agent and employee auto use. Worker's Compensation Insurance Worker's Compensation Insurance providing statutory benefits imposed by applicable state or federal law such that (a) O~ER will have no liability to CO~-£1~ACTOR'S employees and agents; and (b) CONTRACTOR will satisfy all Worker's Compensation obligations imposed by state law. Such Worker's Compensation Insurance shall provide for a waiver of subrogation. Should CONTRACTOR or any subcontractor of CORTKACTOR fail to provide a certificate evidencing such Worker's Compensation Insurance, OWNER may withhold 10% of the amount otherwise due to CONTRACTOR hereunder. 913028O1 .NO4 F? XVlII. CL~.,~I- UP Clean-up operations shall progress with other phases of construction. Not more than 900 feet of sewer larger than 2~ inches or 1,§00 feet o£ sewer 2~ inches or smaller for each construction crew shall be allowed to remain uncleaned at any one time. All debris, broken material and equipment must be removed from the site. All areas must be backbladed by a bulldoze or comparable equipment. XIX. PERMITS AND RIGHTS-OF-WAY The Owner will provide right-of-way for the purpose of construction without cost to the Contractor by securing permits in areas of public dedication or by obtaining easements across privately owned property. It shall be the responsibility of the Contractor, prior to the initiation of construction on easements throush private property, to inform the property owner of his intent to begin construction. Before beginnin§ construction in areas of public dedication, the Contractor shall inform (in writing) the agency having Jurisdiction in the area forty-eight (~8) hours prior to initiation of the work. XX. PROPERTY LINE AND MONUMENTS The Contractor shall protect all property corner markers, and when any such markers or monuments are in danger of being disturbed they shall be properly referenced and if disturbed shall be reset at the expense of the Contractor. XXI. EXISTING UTILITIES AND SERVICE LINES The Contractor shall be responsible for the protection of all existing utilities or service lines crossed or exposed by his construction operations. ~4here existing utilities or service lines are cut, broken, or damaged, the Contractor shall replace the utilities or service lines with the same type of original construction, or better, at his own cost and expense. XXII. PUBLIC UTILITIES AND OTHER PROPERTY TO BE CHANGED In case it is necessary to change or move the property of any owner or of a public utility, such property shall not be moved or interfered with until authorized by the utility company and approved by the Engineer. The right is reserved to the owner of public utilities to enter upon the limits of the project for the purpose of making such changes or repairs of their property that may be made necessary by the performance of this contract. 9130~801 .NO6 F8 XXIII. FFNCE. DP~INAGE CHANNELS AND CROP DAMAGE Boundary fences or other improvements removed to permit this construction shall be replaced in the same location and left in a condition as good or better than that in which they were found. Surface drainage channels disturbed or blocked during construction shall be restored to their original state. XXIV. BARRICADES. LIGHT AND WATCHI~ Where the work is carried on in or adjacent to any highway, street, alley or public place the Contractor shall, at his own cost and expense, furnish and erect barricades, fences, lights, and danger signals, shall provide such watchmen, and shall provide such other precautionary measures for the protection of person or property and of the work as are necessary. Barricades shall be painted in a color that will be visible at night. From sunset to sunrise, the Contractor shall furnish and maintain at least one light at each barricade and sufficient numbers of barricades shall be erected 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 damage to the work due to failure of barricades, signs, lights, and watchmen to protect it and whenever evidence is found of such aam~ge the Contractors 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 is accepted by the Owner. XXV. CONSTRUCTION IN PUBLIC ROADS Unless otherwise indicated on the plans, no public road shall be entirely closed overnight. It shall be the responsibility of the Contractor to build and maintain all weather bypasses and detours, if necessary, and to properly light, barricade and mark all bypasses and detours that might be required on and across the roads involved in the work included in the contract. XXVI. PROTECTION OF TI~ES The Contractor shall not remove any tree without specific written approval of the Owner. 91302801 .NO~ F9