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DR9202-CN 920331 C/-L4NGE ORDER (Instru~ions on reverse side) No. 1 PROJECT: Brooks Lane Stage I DATE OF ISSUANCE: July 24, 1992 Partial Drainage Improvements OWNER: City of Coppell P.O. Box 478 (Name, Address) Coppell, Texas 7.5019 ' CONTIL-XCTOR: Gibson & Assoeiates 11210 Rylie Crest Balch Springs, TX 75180 CONTRACT FOR: You are directed to make the following changes in the Contract Documents. Description: Delete one 10-foot curb inlet, add one 8-foot curb inlet, and add five linear feet of 21-inch Class III RCP. Purpose of Change Order: Revised for field conditions. Attachments: (List documentssupportingchange) Contractor's Bid and Revised Sheet STM-1 CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: N/A Original Contract Price Original Contract Time $ 13,162.50 Previous Change Orders No 0 to No. Net change from previous Change Orders $ Contract P~ce prior to this Change Order Contract Time Prior to this Change Order $ Net Increase (decrease) of this Change Order Net Increase (decrease) of this Change Order $ , Contract Price with all approved Change Orders Contract Time with all approved Change Orders $ APPROVED: .-LPPROVED: by by CITY OF COPPELL GIBSOI~ & ASSOCIATES, INC. EJCDC No. 1910-8-B 0983 Edition) P~'n~red by The En~ineer~' Joi~! Contrac~ Doellment~ Comn'i~tee and endorsed by T~e .A~oc;aled General Con~ctor~ of America. CHANGE ORDER INSTRUCTIONS A. GENERAL INFORMATION This document was developed to provide a uniform format for handling contract changes that affect Contract Price or Contract Time. Changes that have been initiated by a Work Directive Change must be incorporated into a subsequent Change Order if they affect Price or Time. Changes that affect Contract Price or Contract Time should be promptly covered by' a Change Order. The practice of accumulating change order items to reduce the adminis- trative burden may lead to unnecessary dispu:es. For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Time, a Field Order may be used. B. COMPLETING THE CHANGE ORDER FORM Engineer initiates the form, including a description of the changes involved and attach- ments based upon documents and proposals submitted by Contractor, or requests from Owner, or both. Once Engineer has completed and signed the form, all copies should be sent to Contractor for approval. After approval by Contractor, all copies should be sent to Owner for approval. Engineer should make distribution of executed copies after approval by Owner. If a change only applies to price or to time, cross out the part of the tabulation that does not apply. BROOKS LANE STAGE I PARTIAL DRALNAGE IMPROVEMENTS CHANGE ORDER NO. 1 ...... ~ .... . ~ ........~ ......... ~ ......... ~ ....................................................... ~. ~. ~...........~ .....~ ......... ~.. ............. .~ .......... ~..-.~:.:.:~..~..:~.:...:.....~..~.:~ .... 1 1 Each Add: One 8-f~t ~b ~et, Comple~ in Place DoH~s ~d Cents per Each. 2 5 L.F. Add: 21-inch C~ss ~ Re~orc~ Con~te Pipe, Complete in Place DoH~s ~d Cents per Line~ Foot. TOT~ ~DI~ONS: $ ~.~.~'~i:'~G ~.::~ ~i:~[ ~'~ ~::~:~;~.:~.:"~i&:~ :::~:~.:.~:~ ~?~.~:':~:~::~::~:.~:~:-.. :'~.~:::~-~.~.:: ~:~.::~:~ ~.---..~- :~:.~ ~:~(::--~ ~ -:~ ~'. :: .- ~: .~-~::-9 .:-:~ :~ .~':-.:' ~:::.~.: .~.- .~-...~-~ -:.-.::::.~ .:::-.. -~:~:: .~. ::... ~:..:~::s::~ ::: .:~.-,.::::. :s- -~: ~:- ..::-. ~- :::. - -:-::.:~:::: ~>~. ~ -. - -~-::~-:~: -~- ~ '~.:.~-.~: ?:- -:y ~ ~::~:: .~:~::::~ ~ ~.' ~:~ ~-~-~;~ ~;~'~:~f ~' ~'s*':~-~:-~:-~ ~ ~:;~ ~ ?~; ~-~ >~.:~.'?:~: :~:-~:.~ ~-:~ ~' *-'~:~:~: ~:-~'.:-:~.~-, ~ ~;~::::~:;:-' ~;-.-~::-.:::? ~::-:~::.~. ~.~: .~--:::-.:-.. ;~:~:- ~:.: 1 1 Each Delete: One 10-f~t C~b ~let, Complete ~ Place I Doll.s ~d Cents per Each. TOTAL DEl ~E~ONS: $ TOTAL C.O. #1: $ Signed ~IIIION & A$$OClAT[$. INC. 11210 Iqyliacf#! 7E1~.~Tg FAX ~7-1~ August 5, 1992 Mr. Garreth Campbell City of Coppell P.O. Box 478 Coppe11, Texas 75019 Rs= Brooks Lane Stage i Partial Drainage Improvements Dear Sir: work on the above referenced project: 2. Replac~ PVC ~wer service with 4n D.I. IIO.OO 3. Connec~ 4" D.I. with R.C.P. 4. Install concrete collar. L~.oo · o~ ~h. ~ ,~ o~ ,~,2~o.oo ~', Included are all required equi~ent, labor, and materials necessary =o complete these Please call if you have any ~estions. Sincerely, ~a~han A. Northe~n[ Es%i~tor NAN/md CONSTRUCTION SPECIFICATIONS - AND CONTRACT DOCUMENTS FOR PHASE I DRAINAGE IMPROVEMENTS HUNTERWOOD SUBDIVISION _ BROOKS LANE - STAGE 1 (PARTIAL) - FOR - THE CITY OF COPPELL Prepared by: - Albert H. Halff Associates, Inc. 8616 Northwest Plaza Drive Dallas, Texas 75225 - AVO12033 - March 1992 TABLE OF CONTENTS Division 0 - Bidding and Contract Documents _ Section 00100 - Notice to Bidders Section 00l 10 - Instructions to Bidders Section 00140 - Proposal and Bid Schedule Standard Fom~ of Agreement (Contract) -- Standard General Conditions of the Construction Contract Section 00232 - Supplementary Conditions of the Agreement Division 1 - Specific Project Requirements Division 2 - Special Provisions to Standard Specifications for Construction For this project, the Standard Specifcafions for Public Works Consmmtion - North -- Central Texas, as prepared by the North Central Texas Council of Governments and the City of Coppell Standard Construction Details shall govern all work to be done, together with any additional Special Specifications or Specific Project Requirements included herein. DIVISION 0 - BIDDING AND CONTRACT DOCUMENTS DMSION 0 - BIDDING AND CONTRA~ DOCUMEN~rs SECTION 00100 - NOTICE TO BIDDERS Sealed bids addressed to the Purchasing Agent, City of Coppell, Texas, for Brooks Lane Stage I (Partial) will be received in the Purchasing Office at the City of Coppell City Hall, 255 Parkway _ Boulevard, until a.m. on , and then publicly opened and read aloud. Each Bidder shall submit two identical copies of this bid with the City of Coppell Bid No. designated clearly on the exterior of the bid envelope. The Owner reserves the right to reject any or all bids and to waive formalities. Unreasonable or unbalanced unit prices will be considered sufficient cause for rejection of any bid or bids. The -- Owner reserves the right to accept the alternate bid of a Contractor that did not submit the lowest base bid. NO BID TRANSMITI~_D BY FAX WII J. BE ACCEPTED. -- Bidders are expected to inspec~ the site of the work and to inform themselves regarding local conditions and conditions under which the work is to be done. -- Complete sets of bidding documents must be used in preparing Bids; neither the City of Coppell or the preparer, Albert H. Halff Associates, Inc. assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. NO SAI_F-S TAX ON TANGIBLE PERSONAL PROPERTY LNCORPORATIe_D IN'TO OR MADE A PART OF THE PROJECT. The bidder shall not include or provide for sales tax on tangible personal property to be incorporated into the project (Note: This procedure may not be used, however, for materials which do not become a pan of the finished product, such as, equipment rental or purchase, form materials, etc.). In order to be exempt from the sales tax on such tangible personal property, the contract shall separate and provide separate charges for materials to be incorporated into the project from charges for labor. The City will provide the _ Contractor with an exemption certificate for the materials. The contractor is expected to issue a resale certificate in lieu of paying a sales tax at the time of purchase. The bidder shall show the cost of materials (tangible personal property.) in the space provided on the bid form. The _ successful bidder's bid form will be used to develop a separated contract and determine the extent of the tax exemption. Section 00100 - Notice to Bidders Page 1 DIVISION 0 - BIDDING AND CONTRACT DOCUMENTS -- SECTION 00110 - INSTRUCTIONS TO BIDDERS 1. Defined Terms Te~ms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (EJCDC Docnment 1910-8, 1983 ed.) and the -- Supplementary Conditions of Agreement have the meanings assigned to them in these General Conditions. The ten,, "Bidder" means one who submits a Bid directly to Owner, as distinct from a sub-bidder, who submits a bid to a Bidder. The tes'tn "Successful -- Bidder" means the lowest, qualified, responsible Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Notice to Bidders, Instructions to Bidders, the Bid Form, and -- the proposed Contract Documents (including all Addenda issued prior to receipt of bids). Specific defined terms are: -- Owner:. Wherever the word "OWNER" is used in the specifications and Contract Documents, it shall be understood as referring to the City of Coppell, Texas. Engineer: Wherever the word "ENGIN'EER" is used in the specifications and Contract Documents, it shall be understood as referring to the CITY ENGINEER or his authorized _ representative, City of Coppell, P.O. Box 478, Coppell, Texas 75019. Inspector: The authorized representative of the City of Coppell assigned to observe and _ inspect any or all parts of the work and the materials to be used therein. 2. Scope of Work This project is located in the Hunterwood Subdivision on Brooks Lane in the City of Coppell, Texas. As shown on the construction plans and described in these contract -- documents and specifications, amendments and attachments, furnish and install approximately 90 LF of 21-inch RCP and two cast-in-place 10-foot curb inlets on Brooks Lane. 3. Copies of Bidding Documents -- 3.1 Complete sets of the Bidding Documents may be obtained from the Purchasing Agent at the offices of the City. of Coppell, 255 Parkway Boulevard, Coppell, Texas. The following general requirements pertain to the Bidding Documents: A) No bidding documents will be issued later than two (2) days prior to the bid opening date. B) After award of the Contract, the successful Bidder will be furnished five (5) sets of Contract Documents at no charge. Additional sets over five (5) will be furnished for $15.00 per set. _ Section 00110 - Instructions to Bidders Page 1 -- C) Bidding Documents may be examined free of charge at the offices of the CITY ENGINeeR, City of Coppell, 255 Parkway Boulevard, Coppell, Texas. 3.2 Complete sets of Bidding Documents must be used in preparing Bids; neither the City of Coppell or the preparer, Albert H. Halff Associates, Inc. assume any responsibility for _ errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. No partial sets of plans, specifications or proposal forms will be issued. _ 3.3 The Owner in making copies of Bidding Documents available on the above terms does so only for the purpose of obtaining Bids on the Work and does not confer a license or grant for any other use. 4. Qualifications of Bidders. -- The Bidder shall submit'within five (5) days of the Owner's request such evidence as the Owner may require to establish his financial responsibility, experience and possession of such equipment as may be needed to prosecute the work in an expeditious, safe and -- satisfactory manner. The required information to be submitted shall consist of, but shall not necessarily be limited to, the following: -- A. Current Project Experience. A list of all projects presenfly under construction by the Bidder including -- approximate cost and completion date shall be submitted upon request. B. Past Project Experience. The Bidder shall submit a list of comparable projects completed within the previous five years including approximate cost(s), quantities, and completion date(s). C. Equipment. The Bidder shall provide a list of equipment which will be used on this project. The Bidder shall demonstrate that he has adequate equipment to complete this project, properly and expeditiously and shall state what additional equipment, if any, that he must rent/lease as may be required to complete this project. D. Financial. Each Bidder shall be prepared to submit upon request of the Owner a balanced financial statement with no evidence of threatening losses as evidenced by an -- audited certified financial statement (current within the last six (6) months of'bid date). This information will be used to confa'm that the Bidder has suitable f-mancial status to meet obligations incidental to performing the work. Section 00110 - Instructions to Bidders Page 2 E. Technical Experience. The Bidder shall demonstrate to the satisfaction of the Owner that he has the technical experience to properly complete this project. _ F. Proof that the Bidder maintains a peru,anent place of business. 5. Conflict of Interest City Charter states that no officer or employee of the City shall have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly -- or inrtirectly, in the sale to the City of any land, or rights or interest in any land, materials, supplies or services. This prohibition does not apply when the interest is represented by ownership of stock in a corporation involved, provided such stock -- ownership amounts to leis than one percent (1%) of the corporation stock. Any ~Aolation of this prohibition will constitute malfeasance in office. Any officer or employee of the City found guilty thereof should thereby forfeit his office or position. Any violation of -- this prohibition with the knowledge, expressed or implied, of the persons or corporations contracting with the City shall render the contract voidable by the City Manager or the City Council. The Contractor represents that no employee or officer of the City has an -- interest in the Contractor. 6. Examination of Contract Documents and Site. 6.1 Access to the site shall be from Brooks Lane. Prospective Bidders shall respect ail improvements. It is the responsibility of each Bidder before submitting a Bid, to (a) -- examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors _ or discrepancies in the Contract Documents. Failure to make these examinations shall in no way relieve any Bidder from the responsibility of fulf'flling all of the terms of the contract, without additional cost to the OWNER. 6.2 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon infor,nation and data furnished to -- Owner by Owners of such Underground Facilities or others, and the Owner does not assume responsibility for the accuracy or completeness thereof. -- 6.3 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, -- subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in Section 00110 - Instructions to Bidders Page 3 accordance with the time, price and other terms and conditions of the Contract Documents. 6.4 On request in advance, Owner will provide each Bidder access to the site to conduct explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder _ shall f'fll all holes, clean up and restore the site to its forc,~er conditions upon completion of such explorations. _ 6.5 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. 6.6 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with evexT requirement of this Article 6, that without exception the -- Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Docnments, and that the Contract -- Documents are sufficient in scope and derail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. -- 7. Interpretations and Addenda. 7.1 All questions about the meaning or intent of the Contract Documents are to be directed -- to the Purchasing Agent. Interpretations or clarifications considered necessary by the Purchasing Agent in response to such questions will be issued by Addenda mailed or delivered to all Bidders recorded as having received the Bidding Documents. Questions received less than two days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or cla_qficafions will be without legal effect. Each Bidder shall acknowledge on the bid proposal that all Addenda issued have been received. _ 7.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by the Owner. 8. Contract Time. 8.1 The time for completion in calendar days should be included on the Bid Form in the space provided. All work shall be completed within the calendar day count required by the Contractor's Proposal. The calendar day count shall commence ten (10) calenrlar days after the date of the Notice to Proceed. 8.2 Prior to the issuance of the Notice to Proceed by the Owner, the Contractor shall submit a detailed Progress and Schedule chart to the Owner for approval. 8.3 Extension of the contract time shall be based on a Change Order or written amendment as specified in Article 12 of the General Conditions. Section 00110 - Instructions to Bidders Page 4 9. Liquidated Damages. _ Provisions for liquidated damages are set forth in the Contract. Liquidated damages for this project are: Eighty dollars ($80.00) per calendar day. _ 10. Substitute or "Or-Equal" Items. The Contract, if awarded, will be on the basis of materials and equipment described in -- the Drawings or specified in the Specifications without consideration of possible substitute or "or-equal" iterm. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or-equal" item of material or equipment may be -- furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. No substitutions should be considered during the bidding process. 11. Subcontractors, Suppliers and Others. -- 11.1 If the Owner requests the identity of any Subcontractors, Suppliers or other persons or organizations to be submitted to Owner in advance of the specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder -- so requested, shall within seven (7) days after the request submit to Owner a list of all such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such identification is requested. Such list shall be -- accompanied by an experience statement with pertinent infom~ation regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, person or organization if requested by Owner. If Owner after due investigation has reasonable objection to any proposed Subcontractor, Supplier, other person or organization, either may before the Notice of Award is given request the apparent Successful Bidder to _ submit an acceptable substitute in which case the apparent Successful Bidder shall submit an acceptable substitute. Bidder's Bid price may be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price _ adjustment in evaluating Bids and making the contract award. ff apparent Successful Bidder declines to make any such substitution, Owner may award the contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers and other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. 11.2 No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor has reasonable objection. 12. Bid Proposal. -- 12.1 Two (2) completed Bid Proposals must be submitted in a sealed envelope as described in Item 15. The blank spaces in the Bid Form shall be filled in for each item for which a quantity is given and the Bidder shall state the price for which he proposes to do each -- item of work. All blanks on the bid fomi must be completed in ink or typed. No Section 00110 - Instructions to Bidders Page 5 substitutions, revisions, or omissions from the plans and/or specifications will be accepted unless authorized in writing by the Owner. 12.2 Alternate Bids are included in this proposal package to account for possible utility supports and/or relocations. Each blank shown in the Alternate Bids must be completed _ as specified in Item 12.1. Individual totals for these Alternate Bids should reflect the increase in cost, over the base bid, should this adjustment and/or relocation be required. -- 12.3 The legal status of the Bidder, that is, as a corporation, partnership, or individual, must be stated on the Bid Form. A corporation Bidder must name the state in which the organization is chartered. Bids which are signed for a corporation shall have the correct -- corporate name thereof, its post office address, and the signature of the president or other authorized officer of the corporation, manually written below the corporate name in the following manner: "By " If the bid is made by an individual, his post office address shall be given. Bids which are not signed by the individuals making them shall have attached thereto a power of -- attorney evidencing authority to sign the bid in the name of the person for whom it is signed. -- If the bid is made by a fh-m or pa~mership, the n~me and post office address of the managing member of the firm or parmership 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 fh'm or partners. 13. Provision Concerning Escalator Clauses. Bids containing any condition which provides for changes in the stated bid prices due to increase or decrease in the costs of materials, labor, or other items required for this project, may be rejected and returned to the Bidder without being considered. 14. Estimates of Quantities. - The quantities listed in the Bid FOcal will be considered as approximate and will be used for the comparison of bids. Payments will be made to the Contractor only for the actual quantifies of work performed or materials furnished in accordance with the contract. The -- quantity of work to be done and the materials may be increased or decreased as provided for in the Comract Documents. -- 15. Submission of Bids. Bids will be received by the Purchasing Agent, shall be submitted to the Purchasing -- Agent, City of Coppell, at the Town Center, 255 Parkway Boulevard, P.O. Box 478, Coppell, Texas 75019 until a.m. on , and then publicly opened and read aloud. Two identical copies of the bid enclosed in an opaque -- sealed envelope and marked with the Project tire and the name and address of the Bidder Section 00110 - Instructions to Bidders Page 6 -- shall be submitted. If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED BROOKS LANE - STAGE 1 (PARTIAL)" on the face of it and addressed to the -- Purchasing Agent, City of Coppell, Texas. 16. Modification and Withdrawal of Bids. 16.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. _ 16.2 If, within twenty-four hours after the Bids are opened, any Bidder fries a duly signed written notice with the Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation -- of the Bid, that Bidder may withdraw his bid. Thereafter, that Bidder will be disqualified from further bidding on the work. -- 17. Rejection of Bids. Bids may be rejected if they show alterations of form, additions not called for, conditional -- bids, incomplete bids, erasures or irregularities of any kind. The Owner reserves the right to waive any irregularities in the bids as received and to reject any and all bids without qualification(s). More than one bid from an individual, fLrm or partnership, corporation -- or association, under the same or different names, will not be considered. Reasonable grounds for believing that a Bidder is interested in more than one such bid may cause the rejection of all bids in which said Bidder is interested. Bids in which prices are obviously -- unbalanced may be rejected. 18. Bids to Remain Subject to Acceptance. All Bids will remain subject to acceptance for ninety (90) days after the day of the Bid opening, but the Owner may, in its sole discretion, release any Bid prior to that date. 19. Award of Contract. 19.1 The Owner reserves the right to reject any and all Bids, to waive any and all informalities except for the time of submission of the Bid and to negotiate contract terms with the _ Successful Bidder. The Owner also reserves the right to reject all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, the Owner reserves the right to reject the Bid of any Bidder if the Owner believes that it would not be in the best interest -- of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or has doubtful financial ability or fails to meet any other pertinent standard or criteria established by the Owner. Discrepancies in the -- multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of fi~mares and the correct s-m thereof will be resolved in favor of the correct sum. Section 00110 - Instructions to Bidders Page 7 19.2 In evaluating Bids, the Owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, _ completion time, and other data, as may be requested in the Bid Form or prior to the Notice of Award. _ 19.3 The Owner may consider the qualifications and experience of any Subcontractors, Suppliers, or other persons or organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations _ must be submitted as requested by the Owner. The Owner also may consider the operating costs, maintenance requirements, peffomaance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data -- is required to be submitted prior to the Notice of Awant. 19.4 The Owner may conduct such investigations as the Owner deems necessary to assist in -- the evaluation of any Bid and to establish the responsibility, qualifications and financial stability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract -- Documents to the Owner's satisfaction within the prescribed time. 19.5 If contract is to be awarded, it will be awarded to the lowest and best qualified Bidder -- whose evaluation by the Owner indicates to the Owner that the award will be in the best interests of the Project. -- 19.6 If the contract is to be awarded, the Owner will give the Successful Bidder a Notice of Award within ninety (90) days after the date of the Bid opening. 20. Execution of Agreement. Within fifteen (15) days after written notification of award of the conaact, the Successful Bidder shall execute and furnish to the Owner three (3) ori~nal signed contracts and a Certificate of Insurance. The Certificate of Insurance is to be furnished as a guaranty that the Bidder is covered by insurance as required by the Contract Documents. 21. Affidavit of Bills Paid. _ Prior to final acceptance of this project by the Owner, the Contractor shall execute an affidavit that all bills for labor, materials, and incidentals incurred in the project construction have been paid in full, and that there are no claims pending. 22. Bid Compliance. -- Bid must comply with all Federal, State, County and local laws. Contractor shall not hire nor work any illegal alien. Section 00110 - Instructions to Bidders Page 8 -- 23. Notice to Proceed. Upon execution of the Contract, the Owner will issue a ~tten Notice to Proceed to the Contractor requesting that he proceed with the construction. The Contractor shall commence work within ten (10) calendar days after the date of Notice to Proceed. 24. Sales Tax. The bidder shall not include or provide for sales tax on tangible personal property to be incorporated into the project. In order to be exempt from the sales tax on such tangible personal property, the contract shall separate and provide separate charges for materials to be incorporated into the project from charges for labor. The City will provide the Contractor with an exemption certificate for the materials. The contractor is expected to issue a resale certificate in lieu of paying a sales tax at the time of purchase. The bidder _ shall show the cost of materials to be incorporated into the contract (tangible personal property) in the space provided on the bid form. The successful bidders bid form will be used to develop a separated contract and ~511 detei-mine the extent of the tax exemption. -- Upon execution of the construction contract, the successful bidder shall provide a per item breakdown of 1) materials incorporated into the project; and 2) labor, equipment, supervision and materials not incorporated into the project. 25. Silence of Specification. -- The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail.. All interpretations of these specifications shall be made on the basis of this statement by Owner or their authorized representative. -- 26. Change Orders. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All change orders to the contract will be made in writing by the Owner. 27. Assignment. _ The Successful Bidder shall not sell, assign, transfer or convey this contract, in whole or in part, without the prior written consent of Owner. _ 28. Venue. This agreement will be governed and construed according to the laws of the State of -- Texas. This agreement is performable in Dallas County, Texas. Section 00110 - Instructions to Bidders Page 9 DIVISION 0 - BIDDING AND CONTRACT DOCUMENTS SECTION 00140 - BID FORM PROJECT IDENTIFICATION: Phase I Drainage Improvements for Hunterwood Addition - _ Brooks Lane Stage 1 (Partial) in Coppell, Texas. BID OF DATE -- (NAME OF FIRM) THIS BID IS SUBMITTED TO: City of Coppell (hereinafter called OWNER) -- c/o Purchasing Agent 255 Parkway Boulevard P.O. Box 478 -- Coppell, Texas 75019 CITY OF COPPELL BID NO: 1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and -- furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other tetras and conditions of the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Advertisement or Notice to Bidders and Instructions to Bidders. This Bid will remain subject to acceptance for ninety (90) days after the day of Bid opening. BIDDER will sign and submit the Agreement with other documents required by the Bidding Requirements within frffeen (15) days after the date of OWNER's Notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, _ that: (a) BIDDER has examined copies of all the Bidding Documents and of the foLlowing _ Addenda (receipt of all which is hereby acknowledged): No: Date: -- Rec'd: (b) BIDDER has familiarized itself with the nature and extent of the Contract -- Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. Section 00140 - Bid Fores Page 1 (c) BIDDER has studied carefully ail repons and drawings of subsurface conditions contained in the contract documents and which have been used in preparation of _ the contract documents. CONTRACTOR may rely upon the accuracy of the technicai data contained in such repons, but not upon nontechnicai data, interpretations or opinions contained therein or for the completeness thereof for -- CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence, CONTRACTOR shail have full responsibility with respect to subsurface conditions at site. BIDDER has studied carefully all drawings of the physical conditions in or relating to existing surface or subsurface structures on the site, which are -- contained in the contract documents and which have been utilized in preparation of the contract documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such drawings, but not for the completeness thereof for -- CONTRACTOR'S purposes. Except as indicated in the immediately preceding sentence, CONTRACTOR shall have full responsibility with respect to physical conditions in or relating to such structures. (d) BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in (c) above) which pertain to the subsurface or physicai conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work as BIDDER considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additionai examinations, investigations, explorations, tests, repons or similar information or data are or will be required by BIDDER for such purposes. (e) BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or _ contiguous to the site and assumes responsibility, for the accurate location of said Underground Facilities. No additionai examinations, investigations, explorations, tests, repons or similar information or data in respect of said Underground - Facilities are or will be required by BIDDER in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. (f) BIDDER has correlated the results of ail such observations, examinations, investigations, explorations, tests, repons and studies with the terms and conditions -- of the Contract Documents. (g) BIDDER has given ENGINEER written notice of all conflicts, errors or -- discrepancies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER. Section 00140 - Bid Form Page 2 (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, t-mn or corporafion and is not submitted in conformity with _ any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, _ finn or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. (i) It is understood and agreed that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in -- evaluating bids. (.j) It is understood and agreed that the quantifies of work to be done at unit prices -- and materials to be furnished may be increased or diminished as may be considered necessary, in the opinion of the OWNER to complete the work fully as planned and contemplated, and that all quanfifies of work, whether increased -- or decreased, are to be performed at the unit prices set forth, except as provided for in the Contract Documents. -- 4. It is understood and agreed that all work under this contract will be completed within the bid calendar days. Completion date will be established in the Notice to Proceed. -- 5. BIDDER will complete the Work for the following price(s): Section 00140 - Bid Form Page 3 UNIT PRICE BID SCBF. nULE PHASE I DRAINAGE IMPROVEMENTS HUNTERWOOD SUBDIVISION - BROOKS LANE STAGE 1 (PARTIAL) _ BASE BID ........... :**~:..:...~ ................ ~.,...o.~ ~..~ ....... ~uor~ ~ m~s....... ..........~P~,:.:~ ........................ ~ ........ 1 88 L.F. Furnish and Install 21-Inch Class III -- RCP, Complete in place. Dollars -- and Cents per Linear Foot. -- 2 2 EA. Construct 10-Foot Curb Inlet, Complete in Place. -- Dollars and Cents per Each. 3 2 EA. Connect 21-Inch Class III RCP to Existing 10-Foot Curb Inlet, including -- Concrete Collar, Complete in Place. Dollars -- and Cents per Each. 4 2 EA. Furnish and Install 4-Inch PVC Stub- Out to R.O.W. Line, including Embedmcnt and Baclct-gl, Complete in _ Place. Dollars -- and Cents per Each. _ 5 5 C.Y. Crashed Stone Embedment, Complete in Place. _ Dollars and Cents per Cubic Yard. 6 24.5 C.Y. Select Material Embedment and Backf'fll, Complete in Place. Dollars and Cents _ per Cubic Yard. -- Section 00140 - Bid Form Page 4 UNIT PRICE BID SCHEDULE PHASE I DRAINAGE IMPROVEMENTS HUNTERWOOD SUBDIVISION - BROOKS LANE STAGE 1 (PARTL~L) BASE BID 7 2.4 C.Y. Base Bid: 2000 psi Non-Reinforced -- Concrete Encasement for Water and Sanitary Sewer Lines, Complete in Place. Dollars and Cents -- per Cubic Yard. 8 27 S.Y. Removal and Offsite Disposal of -- Concrete Driveways and Sidewalks, Complete in Place. -- Dollars and Cents per Square Yard. 9 50 L.F. Removal and Offsite Disposal of Concrete Curb and Gutter, Complete in - Place. Dollars -- and Cents per Linear Foot. _ 10 27 S.Y. 6 inch, 3000 psi Reinforced Concrete for Driveway and Sidewalk Replacement, Complete in Place. ~1[ Dollars and Cents -- per Square Yard. 11 1 L.S. Repair Landscaping and Replace _ Mailbox, Complete in Place. Dollars _ and Cents per Lump Sum. -- TOTAL BASE BID ITEMS 1 THRU 11 $ TANGIBLE PERSONAL PROPERTY COST $ Signature: -- Section 00140 - Bid Form Page 5 UNIT PRICE BID SCHEDULE PHASE I DRAINAGE IMPROVEMENTS HUNTERWOOD SUBDIVISION - BROOKS LANE STAGE I (PARTIAL) ALTERNATE A - ADDITION TO BASE BiD - ~.~.I:.~i:;~.:.~!~::~::;~.,u....~..a.....~:~::.:-: ~!~;~!~t~::~`...~.,..`.~?r~.~.m~.`n~. .~;~:::'i'::~:.:i::i::~::i:i::i'i: ~::~?:~:::.:~::;'~:~-?;?:;.~-~:~-?.~:::~Amo~.:~:'::~::': :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~-~ .:..~-:..-:~-.-::::::~..-::--.:::.::::..~: :: .-:::--~ :~.x~ ~...-+.~--:..-.:.:.:.:':.:::..::::.-::::::::::'-:::-~ :?.'."-:'-'-&.'. =================================================-.~%: x'":. ~-m':::.'.---....::.:::-'-:::.-:::>:: :' .::: ::. ~":.:::'..: _ lA 4.8 C.Y. 2~0 psi Non-ReiMorc~ Concrete Eneasement for E~sfing S~it~ Sewer ~ 40 Mne~ Feet), Complete N Place. Doll.s ~d Cents -- per Cubic Y~d. TOT~ ~A~ A $ T~GIBLE PERSON~ PROPERTY COST - ~T. A $ -- Silage: UNIT PRICE Bm SCttEDULE PHASE I DRAINAGE IMPROVEMENTS HUNTERWOOD SUBDIVISION - BROOKS LANE STAGE 1 (PARTLAL) ALTERNAIt~ B - ADDITION TO BASE BID :.: ~::~.-¢:~...:I~!::~-? ~ ~.-~ ~ ~!la~ttt~?.*::-~--:~ lJiut~?:;~?:~-:.-:.~. :~::-~::: .::~.-: ~ r~a~Izon-':an~ ::~¢c':m-...W ~ds; :~;..:;:::- .¥.:¥..:.~&~:..:::..~::::......:....:.:~...i:::.::.::.i'~..::..' i:.'!..'::! ~i..:: ..::.i! .................. ::...¥.,:.:.:,.,., .................... :,. ........ ...:..,.?..:.::~ .... ,::i..::.:...i i~,~::.:.:..-. ::.:: :...:.. :::..:. -- lB 6.5 C.Y. 2000 psi Non-Reinforced Concrete Encasement for Existing Water Line ~ 54 Linear Feet), Complete in Place. Dollars and Cents per Cubic Yard. _ TOTAL ALTERNATE B $ TANGIBLE PERSONAL PROPERTY COST - ALT. B $ Signature: Section 00140 - Bid Form Page 6 UNIT PRICE BID SCHEDULE PHASE I DRAL~AGE I~fPROVE~fENTS HUNTERWOOD SUBDIVISION - BROOKS LANE STAGE 1 (PARTLY, L) ALTERNATE C - ADDITION TO BASE Bm lC 1 L.S. Lower and Encase Existing 6 inch Water Line, Complete in Place. Dollars and Cents -- per Lump Sum. TOTAL ALTERNATE C $ TANGIBLE PERSONAL PROPERTY COST - ALT. C $ -- Signature: Section 00140 - Bid Form Page 7 - Bm SUMMARY TOTAL BASE BID: $ TOTAL ADDITIONS: ALTERNATE A: $ ALTERNATE B: $ ALTERNATE C: $ 7. BIDDER agrees that all Work awarded will be completed within __ calendar days. Contract time will commence to mn as provided in the Contract Documents. 8. Communications concerning this Bid shall be addressed to the address of BIDDER indicated on the applicable signature page. 9. BIDDER understands that the Owner is exempt from State Limited Sales and Use Tax on tangible personal property to be incorporated into the project. Said taxes are not -- included in the Contract Price (See Instructions to Bidders). 10. The tea-ms used in this Bid which are defined in the General Conditions of the -- Consn'uction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. SUBMITrF~D on ,19~ Section 00140 - Bid Fo~m Page 8 If BIDDER is: An Individual By (Seal) (Individual's Name) doing business as Business address Phone No. A Partnershi0 _ By (Seal) (Fa'm Name) (Gmeral Pammr) -- Business address Phone No. -- A Corooration By (Corporation Name) (slate of incorporation) By ~ (name of pe~on amhorized to sisxt) (Title) (Corporate Seal) Attest (Secre~-~-) -- Business address Phone No. Joint Venture By (Name) (Address) By 0~ame) (Add.ss) L'l~cJa jolt venmre~ must si~ ~ m~ of si~i.$ f~ ~ ~i~ -- Section 00140 - Bid Form Page 9 EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE TI-IlS AG1;ti:ITM!::_NT is dated as of the day of in the year 1992 by and between the CITY OF COPPg. I.I., TEXAS, a municipal corporation (hereinafter called OWNER) and~ ~ereinufter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article L WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Brooks Lane - Stage 1 (Partifil) - Installation of Two (2) 10-Foot Curb Inlets and Approximately 88 LF of 21" RCP The Project for which the Work under the Conwact Documents may be the whole or only a part is generally described as follows: Phase I Drainage Improvements Hunterwood Subdivision Brooks Lane - Stage 1 (Partial) Article 2. ENGINEER. The Project has been designed by: Albert H. Hafff Associates, Inc. 8616 Northwest Plaza Drive Dallas, Texas 75225 Contract administration will be provided by the City of Coppell Engineering Department who is hereinafter called ENGIN'FF.R and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authodty assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT ThME. 3.1. The Work will be completed within ~ calendar days from the date when the Contract Time commences to nm as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions. 3.2. Liquidated Damages. O'~LNER and Co,WrRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the acnml loss suffered by OWNER ff the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Eighty and No/100----- dollars ($ 80.00 ) for each day that expires after the thne specified in paragraph 3.1 for Completion until the Work is complete. Article 4. CONTRACT PRICE. _ 4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds subject to additions and deductions by Change Orders as provided in the contract documents in accordance with the unit prices lis~l in Section 00140 - Bid Form. The contract sum shall be the amount of $ -- The total tangible personal property cost included in the contract sum is $ -- Article ~. PAYMENT PROCEDURES. CONTRACrOR shall submit Applications for Pa>anent in accordance with Article 14 o£ the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. Progress Payments. OWNER shall make progress pa)resents on account of the Contract Price on the haqi~ of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on or about the -- day of each month flaring construction as provided below. All progxess payments will be on the ba~i~ of the progress of the Work measured by the schedule of values established in paragraph 2.9 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the _ event there is no schedule of values, as provided in the General Requirements. 5.1.1. Prior to Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such -- amounts as ENGRq'EER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of Work completed. 90% of materials and equipment not incorporated in the Work (but delivered, suitably stored and _ accompanied by documentation satisfactory to OWNER a~ provided in paragraph 14.2 of the General Conditions). 5.2. Final Payment. UPOn final completion and acceptance of the Work in accordance with paragraph -- 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by F-NGRqEER as provided in said paragraph 14.13. -- Article 6. INTEREST. No interest shall ever be due on late payments. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1. CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regnlations that in any manner may affect cost, progress, performance, or furnishing of the Work. 7.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsarface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions, and accepts the determination set forth in paragraph SC-4.2 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 7.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those refer~ed to in paragraph 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance, or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Tune and in accordance with the other terms and conditions of the Conlxact Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, repons, studies, or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4. CoN'rRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies, or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Conmact Price, wifltin the Contract Time and in accordance with the other terms and conditions of the Contxact Documents, including specifically the provisions of paragraph 4.3 of the General Conditions. 7.5. CONWRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, repons, and studies with the terms and conditions of the Contract Documents. 7.6 CONTRACTOR has given ENGLN'EER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by F..NGhNEER is acceptable to CONTRACTOR. Article 8. CONTRACT DOCU,WIENTS. The Contract Documents which comprise the entire agreement between OV~ .rbYER and CONTRACTOR concerning the Work consist of the following: 8.1. This Agreement (pages 1 to 5_, inclusive). 8.2. Exhibits to this agreement (pages to , inclusive). 8.3. Certificate of Insurance. 8.4. Notice of Award. 8.5. General Conditions (pages 1 to ~ inclusive). 8.6. Supplementary Conditions (pages _1 to 9_, inclusive). 8.7. Specifications bearing the tire Construcrion Specifications and Contract Documents for Phase I Drainage Improvements, Huntenvood Subdivision, Brooks Lane - Stage I (Partial) and consisting of Division 0 thru Division 2, as listed in the table of contents thereof. 8.8. Drawings, consisting of a cover sheet and sheets numbered STM-1, SD-2 through SD-4. SD-8. SD-9. SD-17, SD-20 and ED-1 inclusive with sheet STM-1 beating the following general rifle: Brooks Tane Stage 1 Partial - Inlets Only 8.9 The following listed and numbered addenda: 8.10. CONTRACTOR'S Bid (pages 1 to9, inclusive) marked Division O-Bidding and Contract Documents Section 00140-Bid Form. 8.11. Documentation submitted by CONTRACTOR prior to Notice of Award (pages to , inclusive). 8.12. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.4 and 3.5 of the General Conditions. 8.13. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contxact Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified, or supplemented as provided in paragraphs 3.4 and 3.5 of the General Conditions. Article 9. MISCI:J.LANEOUS. 9.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2. No assignment by a party hereto of an>' rights under or interests in the Conwact Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may- become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any dub, or responsibility under the Conwact Documents. 9.3. OWNER and CONTRACTOR each binds itserf, its partners, successors, assigns and legal representatives to the other party hereto, its parmers, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. Article 10, OTHER PROVISIONS. ~1 WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OW~'N'ER, CONTRACTOR and ENGLNEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGLNEER on their behalf. This Agreement will be effective on , 19 _ OWNER: CITY OF COPPELL CONTRACTOR: 255 Parkway Boulevard Coppell, TX 75019 BY: BY: ATTEST: ATTEST: Address for giving notices: Address for giving notices: -- P.O. BOX 478 CoI}l~ell. TX 75019 Atto: Ken Griffin, P.E. City Engineer Of OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement.) (If CON~i'RACTOR is a corporation, attach evidence of authority to sign). 5 - - Thi~ documerJ has important ]eg,'q consequences: consultation with an attorney is enccuraged with · respect to its completion or modification. - GENERAL CONDITIONS OF THE CONSTRUCTION CON~YRACT Prepared by _ Engineers' Joint Contract Documents Committee and -- Is~tied and Published Jointly By PROFESSIONAL ENGINEERS IN PRi';'ATE r...~ · . A proc:ice di:'isio:: of.'.he NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS -- AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL z. NG:. sc,-RS CONSTRUCTION SPECIFICATIONS INSTITUTE -- This document has been approved and endorsed by The Associated General ~ Contractors of America These General Conditions have been prepared for use with the Owner-Contractor Agreements (No. 1910-8-A-1 or 1910-8-A-2, 1983 editions). Their provisions are interrelated and a change in one may necessitate a change in the others. Comments concerning their us~e are contained in the Commentary on Agreements for Engifieering Services and Contract Documents, No. 1910-9, 1981 'editian. For -- guidance in the preparation of Supplementary ~-o~itio'n§, 'see Guide to the Preparation of Supple- mentary Conditions (No. 1910-17, 1983 edition). When bidding is involved, the Standard Form of Instructions to Bidders (No. 1910-12, 1983 edition) may be used. No. 1910-8 (1983 Edition.) ~1983 National Society of Professional Engineers 2029 K Street, N.W.. Washington, D.C. 20006 American Consulting Engineers Councii 1015 15th Street, N.W., Washington. D.C. 2¢(K)5 American Society of CMl Engineers 345 East 47th Street. New York. NY 10017 Construction Specifications Institute 601 Madison St., Alexandria. VA 22314 TABLE OF CONTENTS OF GENERAL CONDITIONS Ar;icle Number Tide Page I DEFINIT!ONS ...................................................... 7 2 PRELIMINARY MATTERS ........................................ 8 3 CONTRACT DOCUMENTS: INTENT. AMENDING AND REUSE ............................... 9 a AVA].LABIL!TY OF LANDS: PHYSICAL CONDITIONS: REFERENCE POINTS .............................................. 10 5 BONDS AND INSURANCE ........................................ 6 CONTRACTOR'S RESPONSiBILIT;ES .......................... ia OTHER V.'C. R K .................................. $ OWNER'S RESPONSIBILITIES .................................... 9 ENGINEER'S STATUS DURING CONSTRUCTION .............. i0 CHANGES IN THE WORK ......................................... 21 !! CHANGE OF CONTRACT PR!CE .................................. 21 12 CHANGE OF CONTRACT TIME ................................... !5 ¥;ARRANTY AND GUARANTEE: TESTS AND INSPECTIONS: CORRECTION. REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ........................... 24 14 PAYMENTS TO CONTRACTOR AND COMPLE'i'ION ............ 2,5 15 SUSPENSION OF WORK AND TERMINATION .................. 29 16 ARBITRATION ..................................................... 17 MISCELLANEOUS ................................................. 32 3 INDEX TO GENERAL CONDITIONS -- Artic!e or Paragraph Acaeptance of Insurance ............................. 5.13 Contractor's V,'a~anty o£Title ........................ 14.3 Access to the Work .................................. 13.2 Contractors~other ...................................... 7 Addenda--4efinition of(see definition of Contractual Liability lnscrance ........................ 5.4 Specifications) ........................................ I Coordinating Contractor--4e.':inidon of ................ 7.4 Agreement-~definition of ................................ I Coordination .......................................... 7.4 All Risk Insurance ..................................... 5.6 Copies of Documenti .................................. 2.2 Amendment, Written ............................. I, 3.1.1 Correction or Removal of Defective Work ........... !3. I I Application for Payment--definition of .................. I Correction Period, One Year ........................ 13.12 Application for Payment, Final ...................... 14.12 Correction, Removal or Acceptance,of Defective Application for Progress Payment .................... 14.2 Work--in general ........................... I Application for Progress Payment--review of .... 14.4-14.7 Cost--net decrease ................................. 11.6.2 Arbitration ........... - .................................. 16 Cost o." Work .................................... ! 1.4-1 i.5 Authorized Variation in Work ............ . ..............9.5 Costs, Supplemental ................................ 11.4.5 Availability of Lands ......................... ' .........4.1 Award, Notice of--defined .............................. I Day--definition of .......................................1 Defective--definition of .................................1 Before Starting Constr'dcdon ...................... 2.5-2.7 Defective Work. Acceptance of ...................... !3.13 Bid--definition of ....................................... I Defective Work. Correction or Removal of .......... 13.11 Bonds and Insurance--in general ........................ 5 Defective Work--in general ............... Bonds4efiaition of ..................................... I Defective Work. RQecting ............................. 9.6 Bonds. Delivery of ............................... 2.1, 5.1 De~nitions .............................................. ! Bonds. Performance and Other .................... 5. I-5.2 Delivery of Bonds ..................................... 2. I Determination for Unit Prices ........................ ,,,9.10 Cash Allowances ..................................... I 1.8 Disputes. Decisions by Engineer ................. 9.11-9.12 Change Order--defiait!on of ............................. ! Documents. Copies of ......... Change Orders--to [ce executed ...................... !0.4 Dcz::..-.cn:s. Re:¢:a ................................ 5. I.'3 Ch2nges in t,he Work ................................... X'. Dcc~:..~en:-:. Re:.:_~e ................................ 5 Claims, Waiver of--on Finn! Paymew_ ............... 142'.16 Drawings---de.'hni:ion-c,f ................................. ' C:arifications and Interpretations ...................... 9.4 Cleaning ............................................. 6.!7 Easements ............................................ -:.! Completion ............................................. :4 Effective date of Agreement--definition of .... Completion, Substantial ......................... 14.8-14.9 Emergencies ......................................... 6.22 Conference. Preconstruction .......................... 2.8 Eno-ineer---~ehnition o[' .................................. I Conflict. Error. Discrepan,:y--Contraa:or Engineer's Decisions ............................ 9. to Re.~or~ ...................................... 2.5.3.3 Engineer's--Notice Work is Ar. ceptah!e ............. Cons;ruction Mac.'.'-.inery. Equipment. eta .............. 6.' Engineer's Rezommendat!on of Paymem ...... 14.a. 14.13 Continuing Work ..................................... 6.29 Engineer's Responsi~.iiides. Limitations Contract Documents--amending and on .................................. 6.6.9. I supplementing .................................. 3.4-3.5 Engineer's Status During Construction--in genera~ ...... 9 Contract Documents--definition of ...................... ! Equipment, Labor, Materials and .................. 6.3-6.6 Contract Documents--Intent ...................... 3.1-3.3 Equivalent Materials and Equipment .................. 6.7 Contract Documents--Reuse of ....................... 3.6 Exl:loradons of physical conditions ................... 4.2 Contract Price. Change of .............................. I 1 Contract Price--~efinidon ............................... I Fee. Contractor's--Costs Plus ........................ 1 i.6 Contract Time, Change of .............................. 12 Field Order-~definition of ............................... Contract Time, Commencement of .................... 2.3 Fie!d Order--issued by Engineer ................ 3.5.1.9.5 Contract Time--definition of ............................ I Final Application for Payment ....................... 14.12 Contractor---definition of ................................ I Final Inspection ..................................... 14. l 1 Contractor May Stop Work or Terminate ............. 15.5 Final Payment and Acceptance ...................... ~4.13 Contractor's Continuing Obligation .................. 14.15 Final Payment. Rezommendadon of ........... Contractor's Duty to Report Discrepancy in Documents .................................. 2.5, 3.2 General Provisions .............................. 17.3-17.4 Contractor's Fee--Cost Plus ... 11.4.5.6, 11.5.1, 11.6-11.7 General Requirements--definition of ..................... 1 Contractor's Liability Insurance ....................... 5.3 Genera~ Requirements--principal Contractor's Responsibilities--in general ................ 6 references to ................. 2.6, 4.4, 6.4, 6.6-6.7, 6.23 4 Giving Notice ........................................17.1 Payments to Contractor--when due ........... 14.4, 14.13 -- Guarantee of Work--by Contractor ................... 13.1 Payments to Contractor--withholding ................ 14.7 Pei-formance and other Bonds ..................... 5.1-5.2 Indemnification ............................. 6.30-6.32, 7.5 Permits ............................................... 6.13 Inspection, Final ....................................14.11 Physical Conditions ................................... 4.2 Inspection, Tests and ................................. 13.3 Physical Conditions--Engineer's review ............. 4.2.4 Insurance, Bonds and--in general ....................... 5 Physical Conditions existing structures ............. ~.2.2 Insurance, Certificates of ...........................2.7, 5 Physical Conditions explorations and reports ....... 4.2.1 -- Insurance--completed operations ......................5.3 PhysicalConditions-possible document change ..... 4.2.~. Insurance, Contractor's Liability ...................... 5.3 Physical Conditions--price and time adjustments .... 4.2.5 Insurance, Contractual Liabi!ity ....................... 5.4 Physical Conditions---repor~ of differing ............. 4.2.3 Insurance, Owner's Liability .......................... 5.5 Physical Conditions--Underground Facilities .......... 4.3 -- Insurance, Property .............................. 5.6-5.13 Preconstruction Conference ........................... 2.8 Insurance--Waiver of Rights ......................... 5.11 Prelimina~' Matters .....................................2 Intent of Contract Documents ................... 3.3, 9.14 Premises, Use of ............... :...~ ............ 6.16-6.18 _ Interpretations and Clarifications ...................... 9.4 Pri~ice, Change of Contract .............................. II Investigations of physical conditions ................... 4.2 Price-Cant:act--definition of ............................ 1 Pro~ess Payment, Applications for ................... I-~.2 Labor, Materials and Equipment ....... ' .... .. ......6.3-6.5 Progress Payment--retainage ......................... 14.2 -- Laws and Regulations--definition of ..................... 1 Progress schedule ............... 2.6, 2.9, 6.6, 6.29, 15.2.6 Laws and Regulations---get. oral ....................... 6.!4 Project--definition of .................................... 1 Liability Insurance--Contractor's ..................... 5.3 Project Representation--provision for ................. 9.3 Liabilhy Insurance--Owner's ......................... 5.5 Project Representative, Resident--definition of .......... 1 -- Liens--definitions of ................................ 14.2 Project, Starting the ..................................... Limitations on Engineer's Property Insurance ............................... 5.6-5.13 Responsi'~ilities ..................... 6.6, 9.11.9.13-9.16 Property Insurance--Panini U:i!ization ............... 5.15 _ Property Insurance--Receipt and Apl:Scatien Materials and equipment--furnished by Contractor .... 6.3 of Proceeds ................................... 5.12-5.13 Materials and equipment--not Protec:ion. S~e:y and ........................... 6.20-6.21 inco~ora:ed in Work .............................. 1-'.2 P'..mch list ........................................... 14. -- Materials or equ!pment--equiva!ent ................... 6.7 Misceilaneous Provisions ............................... 17 Recc.':.:mend?'.ioa ci'Pz. 3'men: ................. '.'.-'. '.-:.i3 .Mul:i-~.-ime con:.-v.c:s ................................... 7 Recc:~ P, acgmem-: ................................... Reference Paints' ...................................... ': · -" -- Notice, Giving of ..................................... 17. I Reguia:ior. s. Laws and ............................... 6.1-: Notice cf Acceptal:ilit.¥ of Project ................... 12.13 Rejecting Defec:i;'e Work ............................. 9.6 Notice o~' Award~efinition o:' .......................... I Re!ated Work a: Site .............................. 7. I-7.3 _ Notice to Proceed--definition of ......................... I Remedies Not Exclusive ............................. Notice to Proceed--gi;'i?.g or .......................... 2.3 Removal or C¢~ez:ion of Defec.'.i:'e Work ........... '.3. '.: Residen: Pre:ecs Re.zresentative--defin!:ion of ........... "Or-Equa!" Items ..................................... 6.7 Resident P:o.iec= Representative--provision for ........ 9.3 -- Other contrac:ors ....................................... 7 Responsibilities. Con:factor's--in general ............... Other work .............................................. 7 ResT_onsit',!iities. Engineer's--ia general ................. ,c. Overtime Work--prohi'oition of ........................ 6.3 Responsibilities. Owner's--in general .................... Owner--definition of .................................... I Retainage ............................................ 14.2 Owner blay Correct Defectit. e Work ................. 13.1~ Reuse of Documents .................................. 3.5 Owner May Stop Work .............................. 13.10 Rights of Way ......................................... ~.1 Owner May Suspend Work, Terminate .......... 15.1-15.4 Royalties. Patent Fees and ........................... 6.12 ~ Owner's Duty to Execute Change Orders ............. 11.8 Owner's Liability Insurance ........................... 5.5 Safety and Protection ............................ 6.20-6.21 Owner's Representative--Engineer to se.~'e as ........ 9.1 Samples ......................................... 6.23-6.28 Owner's Responsibilities--in general .................... 8 Schedule of pro~ess ........ 2.6, 2.8-2.9, 6.6, 6.29, 15.2.6 -- Owner's Separate Representative at site ............... 9.3 Schedule of Shop Drawing submissions ...................... 2.6.2.8-2.9, 6.23. 14.1 Pa~ial Utilization .................................. 14.10 Schedule of values ...................... 2.6, 2.8-2.9, 14.! -- Partial Utiiization--4efinition of ......................... I Schedules, Finalizing .................................. 2.9 Partial Utilization~Property Insurance ............... 5.15 Shop Drawings and Samples ..................... 6.23-6.28 Patent Fees and Royalties ............................ 6.12 Shop Dra,.vingg definition of ............................ 1 Payments, Recommendation of ........... 14.4-14.'7, 14.13 Shop Drawings, use to approve -- Payments to Contractor--in general .................... 14 substitutions ...................................... 6.7.3 5 Site. Visits to---by Engineer ...........................9.2 Time. Computation of ................................ 17.2 Specifications---definition of ............................. I Time. Contract--definition of ............................ Starting Construction. Before ...................... 2.5-2.8 Starting the Project ....................................2.4 Uncovering Work ............................... 13.8-13.9 Stopping Work--by Contractor ....................... 15.5 Underground Facilities---~efinition of .................... 1 Stopping Work--by Owner .......................... 13.10 Underground Faci!i:ies--not shown or indicated ..... 4.3.2 Subcontractor--definition of ............................. I Underground F2cili:ies---protection of ........... 4.3.6.20 Subcontractors--in general ....................... 6.8-6.11 Underground Facilities---shown or indicated ......... 4.3. I Subcontracts--required provisions ............ 5. I I. I, 6. I I Unit Price Work--definition of .......................... I I I.".3 Unit Price Work--eeneral 1 1.9. 14. i. Substantial Completion---certification of .............. 14.8 Unit Prices ......................................... I 1.3. Substantial Completion--definition of .................... I Unit Prices. Determinations for ....................... 9. I0 Substitute or "Or-Equal" Items ....................... 6.7 Use of Premises ................................. 6.16-6.15 Subsurface Conditions ............................. 4.2-4.3 Utility owners ..................... :.,... 6.13, 6.20, 7.2-7.3 Supplemental costs ................................. 11.4.5 Supplementary Conditions~4:lefinition of ................ I Values. Schedule of ......................... 2.6, 2.9. 14.1 Supplementary Conditions--principal Variations in Work--Authorized ............ 6.25.6.27.9.5 references to . ..... '>'~ -,._."'~ 5.1,5.3,5.6-5.8,6.3,6.13.6.23. Visits to Site--by Engineer .. .......................... 9.2 ' ' 7.4, 9.3 Supplementing Contract Documents ............... 3.4-3.5 Waiver of Claims on Final Payment ................ 14.!6 Supplier---definition of ................................... I Waiver of Rights by insured parties ............. 5.10.6.1 ! Supplier--principal references to ... 3.6.6.5.6.7-6.9. 6.20. 6.24, 9.13, 9.16, 11.8, 13.4, la. 12 Warranty and Guarantee--by C~ntractor ............. i3.1 Warrant3' of Title. Con:factor's ....................... 14.3 Surety--consent to payment .................. 14.12, 14.14 Work. Access to ..................................... 13.2 Surety--Engineer has no duty to ..................... 9.13 Surety--notice to 10.1. 10.5. 15.2 Work--by others ........................................ 7 .......................... Work Contia,'[ng During Disputes .................... 6.29 Surety--qualification of ........................... 5.1-3.2 Work. Cost o,:- ................................... I I .-:- I 1.5 Suspending Work. by Owner ......................... 15. I Work--deS:nition of ..................................... Suspension of Work and Terminat!on--[n genera! ....... 15 Work D!rective Ckange--de~nition of ................... I Superintendent--Contractor's ti ~ ,~ e..-. DR e,-..~ ~ e Ckange--prin:-i~a; Supervision and Suoerinten-"ence ................. fi. I-5.2 re:'e:e.':zes :c ............................ 3.-:'.5. 23 \v,.,.:k. Nr.~r'~c~:e- :.~. C~,n::::z[,.'.:- ..................... %.:-: Taxes--Paymem 5y Contra,::or ....................... 6. i5 ',",-'or3:. S:ol::~!ng L5 Contractor ........................ 15..~ Termination--by Contractor .......................... 15.5 Termi.na.'.ion--bv Owner ~., q , Work. Stopping by O:vner ....................... :5.1-]5.-: . . ........................ l.._..-l_.- '9,'.,Siren Amendment--definition of ...................... Termination. SusTension of Work and--in ~er. erai ...... 15 Wriue.-2. Amendmen:--Frir. cipal .Tes:s and Inspections ........................... 13.3-13.'7 re."erences :o ..................... 3.a.i. 10.1. 11.2. 12.! Time. Change o[ Contract .............................. 12 GENERAL CONDITIONS defective--An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, or ARTICLE I--DEFINITIONS does not conform to the Contract Documents. or does not meet the requirements of any inspection, reference standard. test or approval referred to in the Contract Documents. or Wherever used in these General Conditions or in the other has been damaged prior to ENGINEER's recommendation Contract Documents the following terms have the meanings of final payment fun[ess responsibility for the protection thereof indicated which are applicable to both the singu!ar and plural has been assumed by OWNER at Substantial Com¢letion in tl;.ereof: ' accordance with paragraph 14.8 or 14.10). Addenda--Written or graph!c instruments issued prior to the Dra*t'ings~'l'he drawings which show the character and scope opening of Bids which clarify, correct or change the bidding of the Work to be performed and wh{ch have been prepared documents or the Contract Documents. or approved by ENGINEER and are referred to in the Con- tract Documents. Agreement--The written agreement between OWNER and CONTRACTOR covering the Work to be performed: other ~ective Dote of the Agreement--Th6 date indicated in the Contract Documents are attached to the Agreement and made Agreement on which it becomes effective, but if no such dare a part thereof as provided therein, is indicated it means the date on which the Agreement is signed and delivered by the last of the tv,.o parties to sign and Application for Payment--The form accepted by ENGI- deliver. NEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to inciude such sup- ENGINEER--The person, firm or corporation named as such porting documentation as is required by t~.e Contract in the Agreement. Documents. Field Order~A v;ritten order issued by ENGINEER '.'.'hick Bid--The offer or proposal of the bidder submitted on the orders minor changes in the Work in accordance with para- prescribed form se:ting forth the Ir:ices for the Work to be graph 9.5 but x,.hich does not invol'.'e a change in the Contra:: performed. Price or the Con-tract Time. Bonds--Bid. performance and payment bonds and meet Genera! Requirements--Sections of Div!sion I of tEe Spee~- instruments of sec'..:'rit:,', neat:ohs_ C.":t::~ge O,'de,'--A do,:u.~..en: recommenaed ~'y :.-,~:. :~.,. - ............. · · ~ ,-'? ,- .-et:sendeRs. cr.5!nanaes. :,:des 53,2 ct' oTder5. v, rich is signed by CON t RA,..... OR and OWNER and au:ho- - rizes an addition, dele:ion or revision in the Work. or an adjustment in the Contract Price or the Comract Time. issued .\'eKco o.t-A:,'crd--The ;~ri:ten notice 5.'.' OWNER :o on or after ~he Effective Date of the Agreement. apparent sur. cessf'-I bidder statina that upon c:~mpiiance :~e ap.carom successful bidder with :he cond!:!ons pre:eden: Contrac~ Doctrine,:rs--The Agreement. Addenda P, vhich per- enumer?.ted t~.erein. ,.:'[thin the rime speci.Sed. OWNER wilt fain :o the Ccn:rr.c.: Documen~si:. CONTRACTOR's Bid si.~ and de3:er :~'.e Agreement. i nc ud ng documentation accompan;'in~, the B!d and any post- . . No,.c, of Award) Bid documentation s~b.,.~;:~ prior to the · -i ~ ,\'otice to Proceed--A written notice m'.'er, by OWNER to CONTRACTOR !witl: a :coy to ENGiNEER~ i=..xine :kc date ',,.'hen a.'.tacSed as an exhibit to tSe A~ree...,r.t.~ "-,' the Bonds. on which :he,-,.."' ,"ira~'., Time' ' :','iii commence tc. run- and cn these Gene:nj Conditions, the Sups:omen:sty Conditions. the which CONTR.ACTOR shall start to perform CONTRAC- Specifications and the Drawings as tb.e same are more spe- TOR'S ob_,li~ations under the Contract Documents. :iff:ally identified in the Agreement, together with all amend- ments, modifications and supplements issued pursuant to OW;',:ER--The public body or au:.'..o~ty corp. oration, asso- paragraphs 3.4 and 3.5 on or after the Effective Date of the elation, fi~.~ or ~rson with w~om CONTILACT-: OR has eh:ere,5 Agreement. into the Agreement and for whom the Work is to be provided. Contract Price--The moneys payable by OWNER to CON- Partial Utilization--Placing a portion of the Work in service TRACTOR under the Contract Documents as stated in the for the purpose for which it is intended (or a related pu~ose) Agreement (subject to the provisions of paragraph 11.9.1 in befbre reaching Substantial Completion for al! the Work. the case of Unit Price Work). Project--The iotal construction of which the Work to be Contract Time--The number of days (computed as provided provided under the Contract Documents ma,,,' be the whole. in paragraph 17.2} or the date stated in the Agreement for the or a part as indicated elsewhere in the Contract Documents· completion of the Work, Resident Project Representative--The authorized represen- CONTRACTOR~The person, firm or corporation with whom tative of ENGD4EER who is assigned to the site or any part OWNER has entered into the Agreement. thereof. 7 Shop Drawings--All drawings, diagrams, Elustrations, orde,~ng an addition, deletion or revisior~ in the Work, or schedules and other data which are specifically prepared by responding to ddfering or unforeseen physical conditions under or for CONTRACTOR to illustrate some portion of the Work which the Work is to be per..'ormed as provided in paragraph and ail illustrations, brochures, standard schedules, perfor- 4.2 or 4.3 or to emergencies under paragraph 6.22. A Wo:k mance charts, instructions, diagrams and other information Directive Change may not change the Contract Pr'ce or the prepared by a Supplier and submitted by CONTRACTOR to Contract Time. but is evidence that the pa, ties expect that illustrate material or equipment for some portion of the Work the change directed or documented by a Work Directive Change will be incorpo~ted in a subsequently issued Change Spec6r~cations--Those portions of the Contract Documents Order following negotiations by the parties as to its effect, if consisting of written technical destMptions of materials, any, on the Contract Price or Contract Time as provided in equipment, construction systems, standards and workman- paragraph 10.2. ship as applied to the Work and certain administrative details applicable thereto. Written Amendment--A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or Subcontractor--An individual, firm or corporation having a after the Effective Date of the Agre~m'ent and normally deal- direct contract with CONTRACTOR or with any other Sub- lng with the nonengineering or nontechnical rather than strictly contractor for the performance of a part of the Work at the Work-related asl:ects of the Contract Documents. site. Substantial Completion--The Work (or a specified par:. thereof) has progressed to the point where, in the opinion of ENGI- ARTICLE 2--PRELIMINARY MA'FrERS NEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is suffic~ent!y complete, in Deliver)' of Bondx: accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which 2.1. When CONTRACTOR delivers the executed A~ee- it is intended; or if there be no such ce.~ificate issued, when merits to OWNER. CONTRACTOR shall also deliver to ~nai payment is due in accordance with paragraph 14.13. The O ,¥N r.R suc,. Bonos as CONTRACTOR ma,/~e required to terms "substantially complete" and "substantially com- famish in accordance with paragraph 5.1. pleted" as applied to an)' Work refer to Substantial Comple- tion thereof. CoFies of Docu..me~.ts: ' ~ OWNER sba:! :'urnish to CONTRACTOR up ..cuppJe!~te!::c,C: Co~:~i;io,~s--Tke par: c." :he Contrac~ Doc~:- -'~' men-'.s which amends or supplements :?,ese General ConE/- comes ~.:r, iess oti~er'a~se specified ir. the Sa.~71emez:ar': ,Zen- tions, eiticns) of the Co&mc: Documents as are reasonabb' nec- essay, for the execution of the Work. Additional co~ies Suppder--A manufacturer, fabricator, supplier, distributor, be furnished, upon request, at :he aost of reprodcc:io.':.. materialman or vendor. Commencement of Conlract Time; Notice to Proceed: Ut:dergroundFaci!i:ies--A!l pipe!ine-:.can&:its, duc:s, cabies. 2.3. TEe Contract Time will commence :o run on ',','ires. manholes, vaults, tanks, runnels or other such fac/ii:les thir:.ieth day after the Effective Date of the Agreement. or. or at:achmems, and any encasements containing such fac/i- a Notice to Proceed is given, on the ca'-' mmcate~. ....... hies waich have been installed underground to furnish an'.,' of No..ice to Proceed. A Notice to Proceed ma',' ~'e ti'.'ea a: ar.'. the following services or materials: electricity, gases, steam, time within thirty days after the Effect!ye Date of the Agree- liquid petroleum products, telephone or other communion- mont. In no event will the Contract Time commence to run t/OhS, cable television, sewage and drainage removal, traffic later than the seventy-fifth day after the day of Bid opening or other control systems or water, or :he thirtieth day after the Effective Date of the Agreement. whichever date is earlier. Unit Price Work--Work to be paid for on t~e basis of unit prices. Starting the Project: Work--The entire completed construction or the various sop- 2.4. CONTiL.kCTOR shall start to perform the Work on arately identifiable parts thereof required to be furnished the date when the Contract Time commences to ,'-un. bm no under the Contract Documents. Work is the result of per- Work shall be done at the site prior to the date on whi:~ t~e forming services, furnishing labor and furnishing and incor- Contract Time commences to run. porating materials and equipment into the construction, all as required by the Contract Documents. Before Starting Construction: Work Directive Change--A written directive to CONTRAC- 2.5. Before undertaking each part of the Work, CON- TOR, issued on or after the Effective Date ortho Agreement TRACTOR shall carefully study and compare the Contract and signed by OWNER and recommended by ENGINEER, Documents and check and verify pertinent figures shown 8 thereon and all applicable field measurements. CONTRAC- graph 2.6. The finalized progress schedule wiil he acceptable TOR shall promptly report in writing to ENGINEER any to ENGINEER as providing an orderly progression of the conflict, error or discrepancy which CONTRACTOR may Work to completion within the Contract Time, but such discover and sha'.l obtain a writ:eh interpretation or clarifi- acceptance will neither impose on ENGINEER responsibility cation from ENGINEER before proceeding with any Work for the progress or schedu!ing of the Work nor relieve CON- affected thereby: however, CONTRACTOR shall not be lie- TtL4.CTOR from full responsibility therefor. The finalized ble to OWNER or ENGINEER for failure to report any schedule of Shop Drawing submissions will be acceptab!e to conflict, error or discrepancy in the Contract Documents, ENGINEER as providing a workable arrangement for pro- unless CONTi~A. CTOR had actual knowledge thereof or should cussing the submissions. The finalized schedule of values wi!! reasonably have known thereof, be acceptable to ENGINEER as to form and substance. 2.6. Within ten days after the Effective Date of the Agree- ment (unless other,vise specified in the General Require- ARTICLE 3--CONTRACT DOCUMENTS: INTENT, merits), CONTRACTOR shall submit to ENGINEER for review: AMENDING, REUSE 2.6.1. an estimated progress schedule indicating the Intent: starting and completion dates of the various stages of the 3.1. The Contract Documents com~.dse tl'~e entire agree- Work; ' ' meat between O'¢, ,~ER and CONTRACTOR concer',,ing '"'~ Work. The Con:rant Documents are complementary; wha'. is 2.6.2. a preliminary schedule of Shop Drawing sub- called for by one is as binding as if cai!ed for by ail. The missions: and Contract Documents will be construed in accordance with :he law' of the place of the Project. 2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items 3.2. It is the intent of the Contract Doc'~mems to describe aggregating the Contract Price and ,,viii subdivide the Work a f',2'nctionaily complete Project (or pa:-t thereo~ :o be con- into component pa.~s in sufficient detail to serve as the scl'ar-ted in acr. c.r~ance with the Con:tact Documents. Any basis for progress payments during constrt:ction. Such Work, materials or equipment that may reasonabiy be infer=ed prices wiil inciude an ap. propriate amount of overhead and from the Con:tact Documents as being rea'aired to vrod=ce profi: applicable to each item of Work which will be con-. the intended res',!: ;Gi! ~e t ..u $~. h~,-:"-:oa'"~';',~.a*.,.er ,.r~ ne: svez~nca.v."' " ~rmed in · '-: ',o by CONTRACTOR at :he rime of sub- . ...... =. -,.r.o,. , to:~'~:c':' · *-..u..... ca~le4 for. \:,'hen '.'.'er..q,s which ~',v~ e · · ' ' .... . ...... mlsston, or :rede met:nine ::re used :¢ ':e~cr"ce '-vc:,:. =.a.'.e-!rds .:: eqxipmem such x,, or f.s she'd b~e interpre:e" u': accarda~ce '.~ ::=. .... -" ' " sire - '~ 7 Before ,:n.~ 3~ or.~ at the is started. CONTRAC- :hat mean:ne. Reference to standard specifics:ices...':n, anzabs TOR shall deliver to OWN ER. with a copy :c ENGINEER. or codes of an.'.' technical society, organization or association. certificates (and other evidence of insurance reques:ed by or to the Laws or Regulations of any gevemmenta', authoriq.. OWNER) which CONTRACTOR is required to purchase and whether such reference be srezific or by implication. maintain in accordance with varaeraphs. - 5.3 and 5.4. and m.~n~- me' ',_t~,' ,,-',n,.,rd~- s~e.,n~,.m,..7' °:~-'"" m~nu,,.~ '-' ,.~,..e-~.~ or La'as OWNER shall deliver to CONTRACTOR certifica:es land orRe~uia[ion~.ineffez:att'.-.e:imeofo.ceningo~Bid, s~,>:.c:. other evidence of insurance requested by CONTRACTORI the Effective Date 05 the Agreement if there :*.ere no Bidsh which OWNER is required to ~urchase and maintain in except as ma',' be otherwise s~ezibcallv q.~-~ "a-"w~'.'~r no accordance with paragraphs 5.6 and 5.7. provision of any referenced standard s7ecibcetion, manual er code (whether or not specifically inco~orated by reference Precons~uction Conference: in the Contract Documents) shall be eff~a ~e to chanee the duties and responsibilities of OWNER, CONTRACTOR or 2.8. Within :w'enty days after the Effective Date of the ENGINEER. or any of their consu!tants, agents or employ- Agreement, but before CONTRACTOR sta=ts the Work at ecs from those set for, h in the Contract Documents. h , nor s ,a., the site, a conference attended by CONT!:LA. CTOR, ENGI- it be effective to assign to ENGINEER, or any of ENGI- NEER and others as appropriate will be held to discuss the NEER's consuitanta, agents or employees, any dray or schedules referred to in paragraph 2.6, to discuss procedures authority to super-vise or direct the furnishing or performance for handling Shop Drawings and other submittals and for of the Work or any duty or authority to undertake responsi- processingApplicationsforPayment, and to establish a working bility contra.'2,.' to the provisions of paragraph 9.15 or 9.16. understanding among the parties as to the Work. Clarifications and inte~retations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.a. Finalizing Schedules: 3.3. If, during the performance of the Work, CONTI:LAC- 2.9. At least ten days before submission of the first Appli- TOR finds a conflict, error or discrepancy in the Contract cation for Payment a conference attended by CONTP,.AC- Documents, CONTRACTOR shall so report to ENGINEER TOR, ENGINEER and others as appropriate will be held to in writing at once and before proceeding with the Work affected finalize the schedules submitted in accordance with para- thereby shall obtain a written interpretation or clarification 9 from ENGINEER; however, CONTRACTOR shall not be such other lands which are designa'~ed for the use o~' CON- liable to OWNER or ENGINEER for failure to report any TRACTOR. Easements for permanent structures or parma- conflict, error or discrepancy in the Contract Documents neat changes in existing facilities will be obtained and paid unless CONTR. ACTOR had actual knovdedge thereof or should for by OWNER. unless otherwise provided in the Comrac: reasonably have known thereof. Documents. If CONTRACTOR believes that any delay in OWNER's furnishing these lands, rights-of-way or ease- ments entitles CONTRACTOR to an extension of the Con- A mending and Supplementing Contract Documents: tract Time. CONTRACTOR may make a claim therefor as 3.4. The Contract Documents may be amended to pro- provided in Article 12. CONTRACTOR shall provide for a'. vide for additions, deletions and revisions in the Work or to additional lands and access there:o that may be required for modify the terms and conditions Thereof in one or more of temporary construction facilities or storage of materials and the following ways: equipment. 3.4.1. a formal Written Amendment, Physical Conditions: ' ' 3.4.2. a Change Order {pursuant to paragraph 10.4), 4.2.1. Frplorations and Reports: Reference is made or to the Supplemental- Conditions for identification of those repons of e.xplorations and tests of subsurface conditions 3.a.3. a Work Directive Change (pu~'s. uant to para- at the site that have been utilized by ENGINEER in prep- graph 10. l). aration of the Contract Documents. CONTRACTOR ma'.,' rely upon the accuracy of the technical data contained in As indicated in paragraphs; 1.2 and 12.1, Contract Price and such repons, but not upon nontechnical data. inte.'~re:> Contract Time ma,,,' only be changed by a Change Order or a finns or opinions contained therein or for the completeness Written Amendment. thereof for CONTRACTOR's purposes. Except as indi- cated in the immediately preceding sentence and in para- 'I 5 In addition, the requirements of :he Contrac: Docu- graph 4.2.6. CONTRACTOR shall have full responsibility ments may be supp emented, and m nor variations and devia- v.'ith respect to subsurface conditions at :he si~.e. finns in the Work may be authorized, in one or more of the fo(lowing ways: 4.2.2. E. risdng Str:tc!ttre$: Reference is made :o tee ~ q i. a F!eid Order ~pxrst:ant to .:arn~cr::~.h o ¢: dra~.~ in~s o: .-'kv5[c.-.[ conditions !n or ~',':-~ :.: 3.5.2. ENGiNEER's approvat of a Shop Drw,~:ng or Fac~iities referred :o inp,ragr,.Fn~ "' ..... '; " n,~,.':-'- are a: sample i'purscant to paragraphs 6.26 and 6 27), or contieuous to :he rite that have been uti'.ized 1:7 ENG]- N--ER in preparation of the Contract Documents. CON- 3.5.3. ENGiNEER's wrh:en interpretat:.on or ciariS..- TRACTOR may re!'.,' upon the ar. curacy of :he cation (pursuant To paragraph 9.4). data contained in such drawings, bur not for the rom?icrc- ness thereof for CONTRACTOR's puc-poses. Except as Reuse of Documents: paragraph 4.2.6. CONTRACTOR shah have fu:i resper.- 3.6. Neither CONTRACTOR nor an':' Subcomrac:or or sibiiity ;vitk respect to physical conditions ir. ar re~a:ing Supplier or off. er person or organiza:[on performing or fr.:r- to such str'.-'c:ures. nishing any of the Work under a dire:: or redirect tomcat: with OWNER shall have or acquire any title to or ownership 4.2.3. Report of Differing Coati(;ions: if CONTRAC- rights in any of the Drawings, Specifications or other docu- TOR believes tkat: meats (or copies of any thereo0 prepared by or beating the seal of ENGINEER; and they shall not reuse any of them on , .~ , · · ,._..xl. any technical aata cn which CONTRAC- extensions of the Project or any other project without 'aaJtten TOR is entitled to rely as provided in paragraphs a.2.1 consent of OWNER and ENGINEER and specific written and 4.2.2 is inaccurate, or verification or adaptation by ENGINEER. 4.2.3.2. any physical condition uncovered or revealed at the site differs materially from that indi- ARTICLE 4~AVAILABILITY OF LANDS; PHYSICAL cared, reflected or refe~ed to ih the Contract Docu- CONDITIONS: REFERENCE POINTS meats. Availability of Lands: CONTIL4CTOR shall, promptly after becoming aware thereof and before performing any Work in connection 4.1. OWNER shall furnish, as indicated in the Contract therewith (except in an emergency as permitted by para- Documents, the lands upon which the Work is to be per- graph 6.22), notify OWNER and ENGINEER in writing formed, rights-of-way and easements for access thereto, and about the inaccuracy or difference. I0 4 ..... ENGINEER's Review: ENGINEER will determine the extent to which the Contract Documents promptly review Ehe pertinent conditions, determine the should be modified to reflect and document the conse- necessity of obtaining additional explorations or tests with quences of the existence of the Underground Facility, .-,nd respeci there;o and advise OWNER in writing (with a copy the Contract Documents will be amended or supplemented to CONTRACTOR) of ENGINEER's findings and con- to the extent necessary. During such time. CONTRAC- c!usions. TaR shoe be responsible for tee safety and protection such Under_m-round Facility as provided in paragraph 6.20. 4.2.5. Possible Document Cba~ge: It' ENGINEER CONTIL-kCTOR shall be allowed an increase in the Con- concludes that there is a material error in the Contract tract Price or an extension of the Contract Time. or both. Documents or that because el' newly discovered condi- to the extent that they are attributable to the existence of tions a change in the Contract Documents !s required, a any Under.curtal Facility that was not shown or indicated Work Directive Change or a Change Order will be issued in the Contract Documents and which CONTRACTOR as provided in Article 10 to reflect and document the could not reasonably have been expecled to be aware cE consequences of the inaccuracy or difference. If the parties are unable Io agree as to the amount or length thereof, CONTR..kC-fi'OR may lmgke a claim therefor as 4.2.6. Possible Price and Ti, ne Adjustments: In each provided in Articles 11 and 12. such case. an increase or decrease in the Contract Price or an extension or shortening of the Con:fact Time. or any combination thereof, wit! be allowable t.o.the extent that Reference Points: they are attributable to any such inaccuracy or difference. 4.4. OWNER shall provide engineering surveys to estab- If OWN ER and CONTRACTOR are unable to agree as to lish reference points for construction which in ENGINEER's the amoum or length thereof a claim ma',' be made therefor judgment are necessary :o enable CONTRACTOR to proceed as provided in Articles l I and 12. with the Work. CONTRACTOR sha!l ~e responsible for iay- lng out the Work (unless othe,'a~'ise specified in the General Requirements). shall protect and preserve the establish, ed Physical Conditions--Underground Facilities: reference points and sha!l make no changes or relocations 4.3. ~. Si:own or It:dice:ted: The information and data wi:haut the prior written aFprovai of OWNER, CONTR.-x,_- TaR shall report to ENGINEER whenever an5' reference sko¥.'n or indicated in the Contract Documents v, ith respect :o existing Underground Facilities at or contiguous to the point is lost or destroyed or requires re!ocafion because of sire is based on information and ~ata furnished to OWN ER ,.e~e ..... ~ n.n=.~ I., _-r~,~s or :ecations. and shall he respen- or ENGINEER bv -'.he o~ nors of s'.:zh Undergrou~ Fac!l- sible for :he 2czuraEe repk~zemen:, o:' re:oc:~:!en o:' st:ch re."- i:ies or by ctkers. Uniess it is o,'.~:er'.,i~e ex?rossi':' ;:o- erence .:oin:s ~: :re:-essiom~.!:v quaZi~e,: c:2-senne!. vialed in ff.e Sg~plementar:. Conditions: 4.3.1.1. OWNER and ENGINEER sha!i not be ARTiCLE N--BONDS AND iNSURANCE responsible for the accuracy or compieteness e.r an;,' such in£orma:ion or data: and. Performance and Other Bonds: 4.3.i.2. CONTRACTOR shoe have fu.! resconsi- 5.1. CONTRACTOR sha':l ."urnish 7efform2nce axe ~ay- bi:.ity for rev[e,Mv.o_, and clocking_ a] such in forma;:.on merit Bonds. ..~:.,--h :., ..... -n ,mo~..t~ at least eaua[. :o the Contra:: and data. for locating all Underground Facilities s?.o'.vn ?rice as secu.'5:x. .re~, :'.ne faith fu! ~.e..,.. re_n,.. ,-.n,.~ '~% ..... " .... ~.., ...entc;,"' er indicated in tee Contract Documents. for ceorfiina- all CONTRACTOR's eeh~at:cns under the ~.~.'-,.~:~. ::on of :he Work with :he owners of such Underground ..~ents. These Bonds shat[ remain in effect at [east znti[ one Facilities during constraction, for the safety and pro- year after the date ',',-hen final pavmem becomes due. excem tection thereof as provided in paragraph 6.20 and as othe:-,vise provided by Law or Regulation or by the Con- repairing any damage, thereto resulting from the Work. tract Documents. CONTRACTOR sh.~l! a!sa furnish such the cost of all ef which will be considered as having other Bonds as are required by the Supplementary Condi- been included in the Contract Price. tions. All Bonds shall be in the forms prescribed by Law or . Regulation or by the Contract Documents and be executed 4.3.2. Not Shogun or Indicated. If an Under~ound by such sureties as are named in the current list of "Cam- Facility is uncovered or revealed at or contiguous to the panics Holding Certificates of Authority as Acceptabie Sure- site which was not shown or indicated :.n the Contract ties on Federal Bonds and as Acceptable Reinsuring Cam- Documents and which CONTRACTOR could not reason- panics" as published in Circular 570 (amended) by the Audit ably have been expected to be aware of, CONTRACTOR Staff Bureau of Accounts, U.S. TreasuD' Department. All shall, promptly after becoming aware thereof and before Bonds signed by an agent must be accompanied by a certified performing any Work affected thereby (except in an emer- copy of the authority to act. gency as permitted by paragraph 6.22), identify the owner of such Underground Facility and give written notice thereof 5.2. If the surety on any Bond furnished by CONTRAC- to that owner and to OWNER and ENGINEER. ENGI- TaR is declared a bankrupt or becomes insolvent or its right NEER will promptly review the Underground Facility to to do business is terminated in any state where any pan of I1 the Project is located or it ceases to meet the requirements thirty days' prior written notice has been given to OWNER of paragraph 5.1, CONTRACTOR shall within five days and ENGINEER by certified mail. Ali such insurance shall thereafter substitute another Bond and Surety, both of which remain in effect until final payment and at all times thereafter must be acceptable to OWNER. when CONTRAC'TOR may be correcting, removing or replacing defective Work in accordance with paragraph In addition. CONTRACTOR shall maintain such completed Contractor's Liabi!i~. Insurance: operations insurance forat least two years after final payment 5.3. CONTRACTOR shall purchase and maintain such and furnish OWNER with evidence of continuation of such comprehensive general liability and other insurance as is insurance at final payment and one year thereafter. appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's parlor- ContractualLiabilio. lnsurance: mance and furnishing of the Work and CONTRACTOR's 5.4. The comprehensive general liability insurance required other obligations under the Contract Documents, whether it by paragraph 5.3 will include contractual liabiiit.',' insurance is to be performed or furnished by CONTRACTOR, by any applicable to CONT,tLACTOR's obiigaffons under paragraphs Subcontractor, by anyone directly or indirectly employed by 6.30 and 6.31. any of them to perform or furnish any of the Work, or by anyone for whose acts an}' of them may be liable: Owner's Liabilio.' Insurance: 5.3.1. Claims under workers' or workm~n's compen- sation, disability benefits and other similar employee ben- 5.5. OWNER shall bc responsible for purchasing an~ tilt acts; maintaining OWNER's own liability insurance and, at O VNER s option, may purchase and maintain such insur- 5.3.2. Claims for damages because of bodily injury., anco as will protect OWNER against claims which may arise occupational sickness or disease, or death of CONTRAC- from operations cadet the Contrac: Documents. TOR's employees; 5.3.3. Claims for damages because of bodily inju~', Propern,'Insurance: sickness or disease, or death of any person other than 5.6. Unless othep, vise provided in tko Supp!e..'::en~ary CONTRACTOR's employees: Conditions. OWNER shail pure?;.asa and main:sin proper:.'.' i.':sura';ce uTe.~ .'.5. e W.or:.; a: the si~e to :he f'.':: ins~:rab:e .....s ~ .: Cra!ms t'or dnma,.:e-; in-t. red 5'_-. =arsenal. in['.:':'.' :he-~ ,; :~..:-i~ -- [_~ s'.:c~ ~e ...... ' - :'o.e' ..... '-~ '.u...>'" - ...,< mc.': 5e !lability co'.'erage wk.'ch are " "~ ,a . -- · · sas,:.:l.-:.cu a'.,' an.',' aerscn :':cee ia the S:~?emen:ary Conditions or :eq .':red k:.y LA',,. s as a result of an offense direct!.'-.' or indirec:ly related to a.':.d Reguia:ionsi. This insurance shall incl.'de :ne i.~:erests the employment of such person by CONTRACTOR. or of OWNER. CONTRACTOR. Subcor. tracto:s. ENGINEER (b) by an)' other person for any other reason: and ENGINEER's consultants in :he Work.-',~, ,.f;~'~ '~-.:o=,.- _-..,=L-~'-' be ;is:ed as insureds or additional insured Fan!es. shall ins:re 5.3.5. Claims for damaaes, o'.her than to the Work agai::.s; -'.he peels of Ere and ex:ended coverage and sha:i itself, becauseofinjurytoordestruc:ionoftar:.gib:e prop- include "a~i Esk" insurance for ph':'sical la_--, and da.,'uace ertv wherever located, inc~udin.', loss of use resultin~ incJ:;di.".~ theft. ',andaiism and malicious '~-'..;o: cci!apse therefrom; and - --'?-- --~ ' .... ' . ~,.at., o=m .... ant ~.n other perils as ma;' be provided in the Supple..'u. eztarv Ceadi'.ions. and shall include 5.3.6. Claims arising out of operation of Laws or Red- losses and ex,rises arising out of or resui?.ing from an'.,' ins;;red ulations for damages because of bodily inj:~ry or death of loss or incurred in the repair or replacement of any insured any person or for damage to property: and prope.,X,y (including b-ut not limited :o fees and charges of engineers, architects, atter~.e.vs and other professionals). If 5.3.7. Claims for damages because of bodily injury or not covered under the "all risk" insurance or otherwise pro- death of any person or prope~y damage arising out of the vided in .'.he Supplementm3.' Conditions. CONTRACTOR shall ownership, maintenance or use of any motor vehicle, purchase and maintain similar property insuraece on .:o,'-tions of the Work stored on and off the site or in transit when such The insurance required by this paragraph 5.3 shall include portions of the Work are to be included in an Application ,"or the specific coverages and be written for not less than the Payment. limits of liability and coverages provided in the Supplemen- tary Conditions, or required by law, whichever is greater. _.7. OWNER shall purchase and maintain such boiler and The comprehensive general liability insurance shall include machinery, insurance or additional property insurance as ma.'.' completed operations insurance. All ortho policies ofinsur- . be required by the Supplementary Conditions or La,os and anco so required to be purchased and maintained (or the Regulations which will include the interests of OWNER. certificates or other evidence thereof) shall contain a provi- CONTRACTOR. Subcontractors. ENGINEER AND sion or endorsement that the coverage afforded will not be ENGINEER's consultants in the Work, a!l of whom shall be cancelled, materially changed or renewal refused until at least listed as insured or additional insured parties. 12 5.8. All the policies of insurance (or the certificates or such waiver forms are required of any Subcontractor, -- other evidence thereof) required to be purchased and main- CONTIL,~CTOR will obtain the same. rained by OWNER in accordance with paragraphs 5.6 and 5.7 will contain a provision or endorsement that the coverage _ a.fforded will not be cancelled or matefi~ly changed or renewal Receipt and Applicaffon of Proceeds: refused until at least thirty days' prior written notice has been 5.12. Any insured loss under the policies of insurance given to CONTRACTOR by certified mail and will contain required by paragraphs 5.6 and 5.7 wiii be adjusted with waiver provisions in accordance with paragraph 5.11.2. OWNER and made payable to OWNER as trustee for the -- insurers as their interests may aopear, subject .'.o the require- 5.9. OWNER shall not be responsible for purchasing and meats of any applicable mortgage clause and of paragraph maintaining any property insurance to protect the interests 5.13. OWNER shall deposit in a separate account any money of' CONTRACTOR, Subcontractors or others in the Work to so received, and shall distribute it in accordance with such the extent of any deductible amounts that are provided in the agreement as the parties in interest may reach. If no other Supplementary Conditions. The risk of loss within the special agreement is reached the damaged Work shall be deductible amount, will be borne by CONTRACTOR, Sub- repaired or replaced, the moneys' so received applied on _ contractororothers suffering any such ;oss andifanyofthem account thereof and the Work and the cost thereof covered wishes property insurance coverage within the limits of such by an appropriate Change Order or Written Amendment. amounts, each may purchase and mainta n it at the purchas- er's own expense. 5.13. OVv,'N'ER a~ trustee shall have power to adj'-.'st and -- settle any loss with the insurers unless one of the parties in 5.10. If CONTRACTOR requests in writing that other interest shall object in writing within fifteen days after the special insurance be included in the property !nsurance pol- occurrence of loss to OWNER's exercise of this power. !f -- icy, OWNER shall, if possible, include such insurance, and such objection be made, OWNER as trustee shall make set- the cost thereof will be charged to CONTRACTOR by appro- t'.'eme nt with the insurers in accordance with such agreement pilate Change Order or Written Amendment. Prior to com- as the parties in interest may reach. If required in writing by mencement of the Work at tl:.e site. OWNER shall in writing any pan'.,' !n interest. OWNER as trustee sh. ai!, upon the _ advise CONTRACTOR ~t l',ether or not such other insurance occurrence o~' an insured '.ess. give I:or.d for the pro,er per- has been .erecured by OWNER. refinance of suck alu;its. Waiver of Rights: .-tcce?tance of lnsurence: 5.1'..[. OWNERandCONTR.-.'.CTOR'.~a¢'ea'.ari3h:s 5.:-:. IfO'.'.'NERN:asanyc. baez:ion.o'~:ecv'~'er:,.gea.-'No-ae.~ against each o-'.ner ."or al; losses and Oamaaes caused 1:5' b.'-' cr uther r. ro;'~s!ons of the insurance requ!red tc be 7'..:r- any of :~e perils covered by the policies of insurance chased and maintaified by CONTRACTOR in acscr~ance provided in response to paragraphs 5.6 and 5.7 and any with para~ranhs_ . 5.3 and 5.a on the basis of its not comp!?': other property insurance applicable to the Work. and also with the Cur. tract Decuments. OWNER shall notif:, CON- waive all such tights against the Subcontractors. ENGI- TRACTOR ir. wr:.ting :'.".ereo:' wit,.in :eh da? s cf the date o:' NEER. ENGINEER's consultants and a~l other parties .., v. ,. -- -. ~e.,~er., of s'Jch ce.rap, cotes to OWNER in accordance w:m named as insureds in such policies for losses and damages ?aragraph .:.7. i: CONTRACTOR ?.as any o~. .... so caused. As required by r. araaraph 6. Il. each subcon- coverage afi'crde~ ~,2.' or other pro'.'is[ons of the policies tract bet',acta CONTRACTOR and ~ ~ucct;m.~c.~re"' "' ..... '.'.'51 [ns'.'ranzerec':iredtoL-'epurchasedand.'nain:a!nedb"OWNER. . contain s[mi!ar waiver provisions by the Subcontractor in ia accordance witl:, paragraphs 5.6 and 5.7 on the basis favor o!'OWNER. CONTRACTOR. ENGINEER. ENGI- :heir not complying ,.vi:h the Contract Documents. CON- NEER's consultants and all other parties named as insureds. TRACTOR shall notify OWNER in writing thereof within re.-. None of the above waivers shall extend to the rights that days of the date of delivery of such ce~ificates to CON- any of the insured parties may have tO the proceeds of TRACTOR in accordance with paragraph 2.7. OWNER and insurance held by OWNER as trustee or otherwise p.ay- CONTRACTOR shall each provide to the other such addi- able under any policy so issued, tional information in respect of insurance provided by each as the other may reasonably request. Failure by OWNER or 5.11.2. OWNER and CONTRACTOR intend that any CONTtL-~CTOR to ~ve any such notice of objection within policies provided ~n response to paragraphs 5.6 and 5.7 the time provided shall constitute acceptance of such insur- shall protect all of the parties insured and provide primary ance purchased by the other as complying with the Contract coverage for all losses and damages caused by the perils Documents. covered thereby. Accordingly, all such policies shall con- tain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of Partial Utilizmion--Property Insurance: recovery against any of the parties named as insureds or 5.15. If OWNER finds it necessary to occupy or use a additional insureds, and if the insurers require separate portion or portions of the Work prior to Substantial Comple- waiver forms to be signed by ENGINEER or ENGI- tion of all the Work, such use or occupancy may be accom- NEER's consultant OWNER will obtain the same, and ff plished in accordance with paragraph 14.10; provided that no 13 such use or occupancy shall commence before the insurers 6.5. All materials and equipment sha~l I::e of good quality providing the property insurance have acknowledged notice and new. except as otherwise provided in the Contract Doc- thereofand in writing effected the changes in coverage neces- uments. If required by ENGINEER. CONTRACTOR shall strafed thereby. The insurers providing the property insur- furnish satisfactoD' evidence lincluding reports of required once shall consent hy endorsement on tbe policy or policies, tests) as to the kind and quality of materials and equipment. but the property insurance shall not be cancelled or lapse on All materials and equipment shal! be applied, installed, con- account of any such partial use or occupancy, neared, erected, used. cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents: but no pro- vision of any such instructions will be effective to assign to ARTICLE 6~CONTRACTOR'S RESPONSIBILITI ES ENGINEER. or any of ENGINEER's consultants, agents or employees, an'.,' duty or authority to supervise or direct the Supervision and Superintendence: furnishing or performance of the Work or any duty or author- ity to undertake responsibility con[racy to the provisions of 6. I. CONTRACTOR shall supervise and direct the Work paragraph 9.15 or 9.16. competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Doc- Adjusting Progress Schedule: uments. CONTRACTOR shall be solely ri:sponsible for the 6.6. CONTRACTOR shall submit to ENGINEER for means, methods, techniques, sequences and procedures of acceptance {to the extent indicated in paragraph 2.9) adjust- construction, but CONTRACTOR shall not be responsible merits in the progress schedule to re~ect the impact thereon for the negligence of others in the design or selection of a of new developments: these will conform generally :o tee specific means, method, technique, sequence or procedure progress schedule then in effect and additionally ,.','ill comply of construction which is indicated in and required by the with an.,,' provisions of the General Requirements applicable Contract Documents. CONTRACTOR shall be responsibie there-'.o. to see that the finished Work complies accurately v. ith the Contract Documents. Substitutes or "Or-Equal" Itetns: 6.2. CONTRACTOR shall keep on the Work at all times 6.7.1. \Vkeneve: materials or ezu!rmen~ :,re s_'zez!iSed during its progress a competent resident superintendent, x, ho c: ~esc:~e,~ }:2 :he Conlrac: Doc::me-:~ "'.,.' shall not be replaced :t hhout ',t :!.:ten notice :o OWNER -'-cd ENGINEER et,teen: trader extraord -',-; c:."cams:ance~:. T~e s:xperintendent v. ii: lee CONTRACTOR'sr.,.r.s.n.w.t',.-" '- a.' t-unction and .~ua:ity required. Unless Eke name is ."oilo'~t e~ .... s~te and shall have authomy to act on ~ehaif o[ CON .... .RAcTOR. Al commumc~.on~g~',en.o lee sure .... na.nt b}' words ~nd;cv.::n~ tho: no subs;i:ution iq ~erm!tted. CONTRACTOR to al]o',.',-' ENGINEER to determine :ha: Labor. Materials and Equipment: .:he ma:e.qa; cr eqg!pment .... ~ 4 -- · , ' :o that named. The procedure ~.-o: re'. !e'-.~' b'.,' ENGIN EE.:, c:.;alified personnel to survey and lay out ,~'~ ~, ,.,r.-, and per- Re uirem ...... Rec'aests for re','ie;,. farm cons:r=c:!oa as required by :he C-on:fac: Dc:umen:~. material a~d eq::{?.'r, ent w!;I not be ~.cce~:ed b'., CONTRACTOR sha!l at all times maintain good discipline NEER from anyone other than CONTRACTOR. IrCON- and order at the site. Except in connection with the safety'cc TRACTOR wishes m furnish or use a substi:ute item of protection of persons or the Work or property at the site or mate."Sal or equipment. CONTRACTOR qha2 make writ- adjacent thereto, and except as otherv.'ise indicated in the ten application to ENGINEER for acceptance thereof. Contract Documents. all Work at the site shall be performed certifying that the proposed substitute will .:erfor.-n. ade- du~ng reguiar working hours, and CONTRACTOR will not quate!y the functions and achieve the rest::ts called for by pe.'-mit overtime work or the performance of Work on .Sat- the general design, be similar and of equal substance to urday, Sunday or any legal holiday without OWNER's writ- that specified and be suited to the same use as that spec- ten consent given after prior written notice to ENGINEER. tried. The application will state that the evaluation and acceptance of the proposed substitute '.','ill not prQudice 6.4. Unless other',v/se specified in the General Require- CONTrACTOR's achievement of Substanr. ial Comple- ments. CONTRACTOR sleail furnish and assume full respon- tion on time. whether or not acceptance of the substitute sibility for all materials, equipment, labor, transportation, for use in the Work will require a change in any of the construction equipment and machinery, tools, appliances, Contract Documents (or in the provisions of any other fuel, power, light, heat, telephone, water, sanitary facilities, direct contract with OWNER for work on the Proje/:t) to temporary facilities and all other facilities and incidentals adapt the design to the proposed substitute and whether necessary for the furnishing, performance, testing, start-up or not incorporation or use of the substitut~ in connection and completion of the Work. with the Work is subject to payment of any license fee or royalty. Ali variations of the proposed substitute from that OWN ER and ENGINEER and if CONTRACTOR has specified ,,,,'ill be identified in the appfication and available submitted a list thereof in accordance with the Supple- maintenance, repair and replacement service will be indi- mentary Conditions. OWNER's or ENGINEER's accept- cate& The appl!cation will also contain an itemized esti- anco (either in writing or by failing to make wfitten objec- mate of all costs that will result directly or indirectly from tion thereto by the date indicated for acceptance or objec- acceptance of such substitute, including costs of redesign tion in the bidding documents or the Contract Documents) and c!aims of other conlractors affected by the resulting of any such Subcontractor, Supplier or other person or change, all of which shall be considered by ENGINEER organization so identified may be revoked on the basis of in evaluating the proposed substitute. ENGINEER may reasonable objection after due investigation, in which case require CONTRACTOR to furnish at CONTRACTOR's CONTRACTOR shall submit an acceptable substitute, the expense additional data about the proposed substitute. Contract Price will be increased by the difference in the cost occasioned by such substitution and an appropriate 6.7.2. If a specific means, method, technique, sequence Change Order will be issued or Written Amendmem signed. or procedure of construction is indicated in or required by No acceptance by OWNER or ENGINEER of any such the Contract Documents, CONTRACTOR may furnish or Subcontractor, Supp;ier or otb'er person or organization utilize a substitute means, method, sequence, technique shall constitute a waiver of any fight of OWNER or ENGI- or procedure of construction acceptable to ENGINEER, NEER to reSect defective Work. if CONTRACTOR submits sufficient information to allow ENGINEER to determine that the substitute proposed is 6.9. CONTRACTOR shall be fully responsible to equivalent to that indicated or required by the Contract and ENGINEER for all acts and omissions of the Subcon- Documents. The procedure for review by ENGINEER tractors. Suppliers and other persons and organizations per- will be similar to that ~rovided in paragraph 6.7.1 as applied forming or furnishing any of :he Work under a direct or by ENGINEER and as may be supplemented in the Gert- indirect contract with CONTRACTOR just as CONTRAC- eral Requirements. TOR is responsible for CONTRACTOR's own acts and omis- sions. Nothing in the Contract Documents shall create any 6.7.3. ENGINEER will be a!!owed a reasonable time contractual relationship between OWNER or ENGINEER within which to eva!ustc each proposed substitute. ENGI- and any such Subcontractor, Supplier or other person or NEER will be the sole judge of acceptabiiity, and no e:'ganization, nor shall it create any obligation on the part of substitute wiil be ordered, installed or utilized without OWNER or ENGINEER to pay or to see to the payment of ENGINEER's prior written acceptance which ,,'.'il! be evi- an.,.' mone'., s dxe any such Subcontractor. Supplier or ot'.'2.er fenced b'..' either a Change Order z,r an appro','e~2 Shop person or crg.-:niza:i6n except as ma3' o:he-'.v{~e be reqzired bra'.~l:;~. OWNER n::':5' require CONTRACTOR to (~:r- :::. L::'., s ::rd n[sh at CONTRACTOR's expense a s.ce:.ia[ performance gu.".ran:ee er other sure;y ,.,.'{th respect to aa'.,' substitute. 6. !0. The d::'isions and sect{aris of the ST, eciEcaticns and ENGINEER will record time required by ENGINEER the identifications o£ any Drawings shall not contro~ CON- and ENGINEER's consuitants in evaluating substitutions TRACTOR in dividing the Work among Subcon-'.rac:ors or proposed by CONTRACTOR and [n making changes in Sup~,~[ers o: delineating the Work to be performed by any the Contract Documents eccas{oned thereby. WP. ether or specific trade. not ENGINEER accepts a proposed substitute. CON- TRACTOR shail reimburse OWNER ..%r the charges of 6. [ '.. A~I \:.',.,rk performed :'er CONTRACTOR br.' a ENGINEER and ENGINEER's consui:ants for evaluat- contractor :vi!'. be pursuant te an app.-o~ria".e agree.rn, en: in* e~cu :reposed substitute. "'- "~" CONTRACTOR and the Subcontractor v,'hi.:5 ct. fi:ally binds ~he SuNcor, tractor to the app[ir.a~;e :ecrus and conditions of the Contract Documents for the benefit of Concerning Subcontractors, Suppliers and Others: OWNER and ENGINEER and contains waiver provisions 6.8.1. CONTRACTOR shall not employ any Subcon- as required by paragraph 5.11. CONTRACTOR shall Fa5' tractor, Suppiierorotherpersonororganization(including each Subcontractor a just share of any insurance moneys those acceptable to OWNER and ENGINEER as indi- received by CONTRACTOR on account of losses under po!- cater in paragraph 6.8.2), win. ether initially or as a substi- icies issued pursuant to paragraphs 5.6 and 5.7. tute, against whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR sha~l not be required to employ any Subcontractor, Suppiier or other person or Patent Fees and Royalties: organization to furnish or pefform any ofthe Work against 6.12. CONTRACTOR shall pay ail license fees and roy- whom CONTRACTOR has reasonable objection, shies and assume all costs incident to the use in the peffor- 6.8.2. If the Supplementary Conditions require the mance of the Work or the incom, oration in the Work of an5' identity of cemain Subcontractors, Suppliers or other per- invention, design, process, product or device which is the sons or organizations (including those who are to furnish subject of patent rights or copyrights held by others. If a the principal items of materials and equipment) to be sub- particular invention, design, process, product or device is mitred to OWNER in advance of the specified date prior specified in the Contract Documents for use in the peffor- to the Effective Date of the Agreement for acceptance by mance of the Work and if to the actual knowledge of OWN ER 15 or ENGINEERitsuseis subject topatent rightsorcopyfights place of the Project which are applicable during the peffor- calling for the payment of any license fee or royalty to others, mance of the Work. the existence of such rights shall be disclosed by OWNER in the Contract Documents. CONTRACTOR shall indemnify and hold l'.armless OWNER and ENGINEER and anyone Use of Premises: directly or indirectly employed by either of them from and 6.16. CONTRACTOR shall confine construction equip- against all claims, damages, losses and expenses (including ment, the storage of materials and equipment and the open- attorneys' fees and court and arbitration costs) arising out of ations of workers to the Project site and land and areas iden- any infringement of patent fights or copyrights incident to tiffed in and permitted by the Contract Documents and other the use in the performance of the Work or resulting from the land and areas permitted by Laws and Regulations, rights- incorporation in the Work of any invention, design, process, of-way, permits and easements, and shall not unreasonably product or device not specified in the Contract Documents, encumber the premises with construction equipment or other andshalldefendallsuchclaimsinconnectionwithanyalleged materials or equipment. CONTRACTOR shall assume full infringement of such fights, responsibility for any damage to any shch land or area, or to the owner or occupant thereof or of any land or areas contig- uous thereto, resulting from the performance of the Work. Permits: Should any claim be made against OWNER or ENGINEER 6.13. Unless otherwise provided in the Supplementary. by any such owner or occupant because of the performance Conditions, CONTRACTOR shall obtain and pay for all con- of the Work, CONTRACTOR shall promptly attempt to settle stn:ction permits and licenses. OWNER shall assist CON- with such other party by agreement or other*'ise resolve the TRACTOR. when necessary, in obtaining such permits and claim by arbitration or at law'. CONTRACTOR shall, to t~e licenses. CONTRACTOR shall pay all governmental charges fullest extent permitted by Laws and Regulations, indemndy and inspection fees necessary for the prosecution of the Work, and hold OWNER and ENGINEER harmless from and against wi".ich are applicable at the time ofopening of Bids, or if there all claims, damages, losses and expenses (inc'.uding. but not are no Bids on the Effective Date of the Agreement. CON- limited to. fees of engineers, architects, attorneys and other TiL-~CTOR s~all pay all charges of utili-'.y owners for con- professionals and court and arbitration cos:s) arising direct y. ne:tions to the Work. and OWNER shal' pay all charges of indirectly or consequentiaXy out of any ac:ion, legal or equ!- ta}-:~ brought bt' any such other part.,,' against OWNER or such. utiiity ov.'ners for capital costs related thereto such as ~;an: investment fees. ENGINEER to :he exten.: based on a claim arising out c." CONTRACTOR's :e~'or.m. ar. ce c¥ the Work. Laws and Regulations: 6.17. Dun'lng :he progress of tl;.e Work. CONTRACTOR 6.14.!. CONTRACTOR shall give all notices and s,.~h keep the premises free from accu."n, ulat!ons of ',~as:e comply with al! Laws and Regulations applicable :o fur- ma:e,'Sals, rubbish and other debris resulting from the Work. r. ishino, q and performance of :he Work. Except ',,.'here otb- At :he comple.'.ion of the Work CONTRACTOR shali remo,, e erwise expressly required by applicable Laws and Regu- ail waste materials, rabbish and debris 5rom and about t~.e '.orions. aei:Ser OWNER nor ENGINEER shall be respon- premises as ,.veil as all tools, appliances, cons:ruction "· , .... :,,n.;'.'. and sun:ms marerla'.s. :,nE sh:.l! !ea'.e _.s.e,e for monitoring CONTRACTOR's compliance v,[:h .'ne.~: an;5 ~',-~'; ~- ' ' an.'.' Laws cr Regu:at!ons. .:~.e s~:e clean and ready for oc:~panc'.,' by OWNER. CON- TRACTOR shall restnre ~e or!g[nai condJ:ien ali property n~': 6.1x.2. If CONTRACTOR observes ~ha: t~e Sye:[5- designated for ageration by :he Contract Documents. cations or Drawings are at variance with any Laws or Regulations, CONTRACTOR shall give ENGINEER 6.18. CONTRACTOR shall not load nor permit any part prompt written notice thereof, and any necessary changes of any structure to be loaded in any manner that wili endanger will be authorized by one of the methods indicated in the structure, nor shall CONTRACTOR sub.~ect an.':,' part of paragraph 3.4. If CONTRACTOR performs any Worn the Work or adjacent property to stresses or pressures that knowing or having reason to know that it is comrary to ',,,'ill endanger it. such Laws or Regulations, and without such notice to ENGINEER, CONTRACTOR shall hear all costs arising therefrom; however, it shall not be CONTRACTOR's pti- Record Documents: mary responsibility to make certain that the Specifications 6.19. CONTRACTOR shall maintain in a safe place at and Drawings are in accordance with such Laws and the site one record copy of all Drawings. Specifications. Regulations. Addenda, Written Amendments. Change Orders, Work Directive Changes, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.4) in good Taxes: order and annotated to show all changes made during con- 6.15. CONTRACTOR shall pay all sales, consumer, use struction. Theserecorddocumentstogetherwithallapproved and other similar taxes required to be paid by CONTILA. C- samples and a counterpart of all approved Shop Dmw'ings TOR in accordance with the Laws and Regulations of the will be available to ENGINEER for reference. Upon corn- 16 pletion o." the Work, these record documents, samples and Emergencies: Shop Drawings will be delivered to ENGINEER for OWNER. 6.22. In emergencies affecting the safety or protection of persons or the Work or property at :he site or ad.lacent thereto. CONTIL-kCTOR. without special instruction or authorization Safety and Protection: from ENGINEER or OWNER, is obligated to act to prevent threatened damage, injury, or loss. CONTRACTOR shall give 6.20. CONTRACTOR shall be responsible for initiating, ENGINEERpromptv.'rittennoticeifCONTIL.kCTORbelieves maintaining and supervising all safety precautions and pro- that any significant changes in the Work o.' variations from grams in connection with the Work. CONTRACTOR shall the Contract Documents have been caused thereby. If ENGI- take all necessa~ precautions for the safety of, and shall NEER determines that a change in the Contract Documents provide the necessary protectirn to prevent damage, injury, is required because of the action taken in response to an or Joss to: emergency, a Work Directive Change or Change Order will be issued to document the consequences of the changes or 6.20.1. all employees on the Work and other persons variations. and organizations who may be affected thereby; 6.20.2. all the Work and materials and equipment to Shop Drawings and Samples: be incorporated therein, whether in storage on or off the 6.23. After checking and verifying all field measurements site; and and after complying with appficable procedures specified in the General Requirements, CONTRACTOR shall submit to 6.20.3. other property at the site or adjacent thereto. ENGINEER for review and approval in accordance with the including trees, shrubs, lawns, walks, pavements, road- accepted scSeduie of Shop Drawing submissions (see para- ways, s:.ructures, utilities and Underground Facilities not graph 2.9). or for other appropriate action if so indicated in designated for removal, relocation or replacement in the the Supplementary Conditions, five copies (un:ess otherwise course of construction, specified in the General Requirements) of all Shop Drawings. which will bear a stamp or specific written indication that CONTRAC~O., shaJl comply witk al: applicable Laws and CONTRACTOR has satisfied CONTRACTOR's responsi- Regulations cf any public Sod.,,' having jurisdiction for the bilities under O.e Contract Documents with respec: to the sa£etyofpersons or propertyortoprotect therefrom damage, review of .he submission. All submissions will be identified injury or loss: and sP. all erect and maintain all necessac.' as ENGINEER may require. The data sho:~n on the S:.':.c~ safeguards for such safety and protec:ion. CONTRACTOR Dra.vings '.~ii! be com?:ete w!:h res.zoo: tc quaint:les. ~:me~- seal: zo:i.":' oat nets >f ad:acenl prooe.":v a~:d of L'nder~.rozE: ~:~--,. <~oc;-:~ J :'erfor:'na.':ce =:nd de<act triter!:. ra,~ .,J._ and c::,w.' owners wi:.en prosecatian or lne ";Vc.-3: ann similar data.to enable ENGINEER :o rev~e'.t t?:e in:ar- may affect i:':.em, and s?:ail cooperate with them in :he Fro- marion as reef:ired'. ' faction, removal, relocation and replacement of tkeir prop- arty. A, d ......=.. injury or loss to an:- .~roper?-.' referred zo 6 ',2 CONTRACTOR sl.all also scbmi: to E";GPgEzR in paragraph 6 va '~ or 6.20.3 caused. 'i -~ · ..... c.rec,., or indirec:::.', for revie;v and approval with such promptness as to cause in whole or in part, by CONTRACTOR, any Subcontractor. no delay in Work, all samples required by -'.he Contract Duc- Supplier er any o:her person or organization direr.::':' or !nd!- ~:men:s. 33 samples will i',ave been checked by and acccm- re:: y emglove~ Sa.' an.~ of them to perform or furnish any cf .partied by a sgez. ific .a .~t:en indication that CONTRACTOR theWorkeran':'eneferwhoseactsanyoftfemmavbeiia':le, has satisfe~ CONTRACTOR's res._:ens:billties under tko s~ai! be remedied by CONTRACTOR iexcept damage er oss Contract r~ ...... ~ . attributable to fi-,e faui: of Drawings or SpeciEcatlons cr to mission and will be idea:iF, ed clearly as to ma:erial. the acts or omissions of OWN ER or ENGINEER or anyone per:.inent dam such as catalog numbers and the use for which employed by either of them or anyone for whose acts either intended. of them may be liable, and not attributable, directly or indi- rectly, in whole or in part, to the fault or negiigence of CON- 6.25.1. Before submission of each Shop Drawing or TRACTOR). CONTRACTOR's duties and responsibilities sample CONTRACTOR shall have determined and veri- for the safe:y and protection of the Work shall continue until fled all quay. titles, dimensions, specified performance cri- such time as all the Work is completed and ENGINEER has teria, installation requirements, materials, catalog hum- issued a notice to OWNER and CONTRACTOR in accord- bets and similar data v. ith respect thereto and reviewed anco with paragraph 14.13 that the Work is acceptable (except or coordinated each Shop Drawing or sample with other as otherwise expressly provided in connection with Substan- Shop Drawings and samples acd with the requirements of rial Completion). the Work and the Contract Documents. 6.21. CONTRACTOR shaJl designate a responsible rep- 6.25.2. At the time of each submission, CONTRAC- resentative at the site whose duty shall be the prevention of TOR shall~ve ENGINEER specific written notice of each accidents. This person shall be CONTIL4,CTOR's supefin- variation that the Shop Drawings or samples may have tendent unless otherwise designated in writing by CON- from the requirements of the Contract Documents, and, TRACTOR to OWNER. in addition, shall cause a specific notation to be made on 17 each Shop Drawing. submitted to ENGINEER for review provided that any such claim, damage, loss or expense (a) is and approval of each such variation, attributable to bodily injury, sickness, disease or death, or to injury to or destrac:ion of tangible property (other than the 6.26. ENGINEER will review and appro;'e with reason- Work itsei0 including the loss of use resulting therefrom and able promptness Shop Drawings and samples, but ENGI- (b) is caused in who:e or in part by any negligent act or NEER's review and approva~ will be on;y for conformance omission of CONTRACTOR, an.',' Subcontractor. an:,' person with the design concept of the Project and for compliance ororganizationdirectlyorindirectlyemployedbyanyofthem with the information given in the Contract Documents and to perform or furnish any of the Work or anyone for whose shall not extend to means, methods, techniques, sequences acts any of them may be liable, regardless of whether or not or procedures of construction (except where a specific means, it is caused in pan by a party indemnified hereunder or arises method, technique, sequence or procedure of construction is by or is imposed by Law and Regulations regardless of the ind'.'cated in or required by the Contract Documents) or to negligence of any such party. safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate 6.31. In any and all claims against OWNER or ENGI- approval o£ the assembly in which the item functions. CON- NEER or any of their consultants, 'a~en:s or employees by TRACTOR shall make corrections required by ENGINEER, any employee of CONTRACTOR, any Subcontractor. an:,' and shall return tee required number of corrected copies of person or organization directly or indirect!y employed by an:,' Shop Drawings and submit as required new samples for review of them to perform or furnish any of the Work or anyone for and approval. CONTRACTOR shall direct'sl~ecific attention whose acts ar.y of them ma.',' be liabie, the indemnification in writing to revisions other than the corrections called for ob!igation under paragraph 6.30 shall not be limited in any by ENGINEER on previous submittals, way by any !imitation on the amount or type of damages. compensation or benefits payable by or far CONTRACTOR 6.27. ENGINEER's review and approval of Shop Draw- or any such Subcontractor or other person or organization inns or samples shall not relieve CONTRACTOR from under workers' or werkmen's compensation acts. disability responsibility for any variation from the requirements of the benefit acts or other employee benefit acts. Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the 6.32. Tko ob',iga:ions of CONTRACTOR ur. der ~a:a- :.,~b~at5 of ENGINEER. time of subm!ssion as required by paragraph 6.25.2 and graph 6.30 shall not extend to the ,i*" - ENGINEER has given written approva! of each such varia- ENGINEER's consultants, agents or emp!o?'ees arising ou-t :ion by a specific v, ri-iron notation thereof inco..?orate~ in or of :he preparation or aFprova! of maps. altar'.inns, o-intor~ aczon:.?a.':vine the Shop D:av,'jng or sample ,".p.?rcx a:: ~.o: re;.zr:s, sur','e': :. Chance Orders. des[oas or sFec.!~c2:io.-.5. will an'.,' apprc;al b3 ENGINEER :e!!e;e CONTRACTOR from responsibihE,' for errors or omissions !n the Shop Draw- inns or from responsibiliD' for ha;4ng comvlied with the pro- ARTICLE 7--OTHER WORK 'visions of paragraph 6.2-% 1. 6.28. Where a Shop Dray, inn or sv. mpie is required by the Relmted Work a~ Site: Specifications. any re!ated Work performed prior to ENGi- 7.1. OWNERmayper:-ormother:~orkrelated:o.thePro.- NEER's revie~ and apprnva! of.'.he perdr, en: submission will eec a: tSe si.'.e ~v OWNER's o;~n for:es, have oCher wc. rk be the sole expense and responsibi!ky of CONTRACTOR. perform, ed bvutitir,'owners orletod-.erdirec:cor, trac:s fl-.erefar x~kich shall contain General Conditions simi!ar to ::.'.ese. if s.~ r ~..~., -,*: other'-.vcrk is :o be ~erfcrmed was nc: nc:e2 Continuing the Work: ti...a ...... [ S~.i in the Contract Documents, written notice :hereof wiil be 6.29. CONTIL~.CTOR shall carry on the Work and adhere given to CONTRACTOR prior to starting any such other to ~he progress scheflu~e dur!ng all dispu-:es or disagreements work: and. if CONTRACTOR believes that such peffer- with OWNER. No Work skall be delayed or postponed pond- mance w nvo ye add tonal exgense to CONTRACTOR or ing resolution of any disputes or disagreements, except as requires additional time and the par~ies are unable :o agree permitted by paragraph 15.5 or as CONTRACTOR and as to the extent thereof, CONTRACTOR may make a claim OWNER may othe.~vise agree in writing, therefor as provided in Articles 11 ava 12. 7.2. CONTRACTOR shall afford each utility owner and lndemn~cation: other contractor who is a party to such a direct con:tact for 6.30. To tko fullest extent permitted by 'Laws and Renu- OWNER, if O's~..~ER is performing th6 additional work with lat~ons CONTRACTOR shall indemnify and hold harmless OWNER's employees) proper and safe access to the site and OWNER and ENGINEER and their consultants, agents and a reasonable opportunity for the introduction and storage o:' employees from and against all claims, damages, losses and materials and equipment and the execution of such work, and expenses, direct, indirect or consequential (including but not shall properly connect and coordinate the Work with theirs. limited t6 fees and charges &engineers, architects, attorneys CONTRACTOR shall do all cutting, fitting and patching of and other professionals and court and arbffration costs) aris- the Work :hat may be required to make its several pans come inn out of or resulting from the performance of the Work, together properly and into_orate with such other work. CON- 18 TRACTOR shall not endanger any work of others by cutting, tures which have been utilized by ENGINEER in prepa.'-ing excavating or otherw!se altering their work and will only cut the Drawings and Specifications. or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and 8.5. OWNER's responsibilities in respect of purchasing responsibilities of' CONTRACTOR under this paragraph are and maintaining liability and property insurance are set forth for the benefit of such utility owners and other contractors in paragraphs 5.5 through 5.8. to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between 8.6. OWNER is obligated to execute Change Orders as OWNER and such utility owners and other contractors, indicated in paragraph 10.4. 7.3. If any part of CONTRACTOR's Work depends for 8.7. OWNER's responsibility in respect of certain proper execution or results upon the work of any such other inspections, tests and approvals is set forth in paragraph 13.4. contractor or utility owner (or OWNER), CONTRACTOR shall inspect and promptly report to ENGINEER in writing 8.8. In connection with OWNER's right to stop Work or any de!ays, defects or deficiencies in such work that render suspend Work, see paragraphs 13. I0 and 15.1. Paragraph 15.2 it unavailable or unsuitable for such proper execution and deals with OWNER's right to terminate services of CON- results. CONTRACTOR's failure so to report will constitute TRACTOR under certain circumstances. an acceptance of the other work as fit and proper for integra- lion with CONTRACTOR's Work except for latent or non- apparent defects and deficiencies in the other work. ARTICLE 9~ENGINEER'S STATUS DURING CONSTRUCTION Coordination: 7.4. If OWNER contracts with others for the perfor- Owner's Representative: mance of other work on the Project at the site. the person or 9.!. ENGINEER will be OWNER's representative dar- organization who wi!l have authority and responsibility for lng the construction period. The duties and resoonsibifi:ies coordination e[ the activities among the various prime con- and tko iimita-'.ions ofauthority of ENGINEER as OWNER's tractors wi![ be identified in the Supp'.ementary Conditions. representative du~ng construction are set forth in the Con- and the specific mat:ers to be covered by such authority and tract Documents and shall not be extended .aitho',t writ:eh responsibility '.viii be itemized, and :he extent of suc~ author- consent of O\VNER and ENGiNEER. ltv and res.co::s!bi;i'.[es v. ill be Frovlded. in F.'-.- e Su ppie,'7, e n?."': Conditions. neither OWNER nor ENGiNEER s~.aii 'i':.~','.'~. _n~ :'. ;'is:':s to Site: ,'-NG~.NE=R x .:1 m~e ,,'isi:s to .'.he s~:e a: interx'a~s authority or responsibility in respect of such coordination. 9.2. - . - . ~ ~.:. ~,. approFda:e :o the va~cus stages of construction to ~.,. .... e the progress and cue[icy of the executed Work and to de:er- mine. in general, if the Work i~ proceeding !n accordance ARTICLE ,°--OWNER'S RESPONSIBILITIES wkh the Cont.mc: Documents. ENGiNEER will not be required .... "~ ;' ' ~uqti¥ o ' ~u ...~,.,~ .xha . e r con;muous on-site !nscecticns to c'.-ezk s,,,~.~ comm'an~cauons to CON- me quality or auantitv of the W',rk. ENGINEER's TRACTOR through ENGINEER. ~.~ ill be directed :ob,. erg .cro'.'id:ng for OWN ER a g.-ea:er degree cf confidence that t?.e completed Work wi!i conform cc' :he 8.2. In case o[ termination of the employment of ENGI- Contract Documents. On ~he basis of suck visits and on-site NEER, OWNER shall appoint an engineer against whom observations as an experienced and qualified design profes- CONTRACTOR makes no reasonable objection, whose sta- sional. ENGINEER will keep OWN ER informed of the grog- !us under [he Contract Documents shall be that of the former ross of the Work and will endeavor to guard OWNER against ENGINEER. Any dispute in connection with such appoint- defects and deficiencies in the Work. merit shall be subject to arbitration. 8.3. OWNER shall furnish the data required of OWNER Project Representation: under the Contract Documents promptly and shall make pay- 9.3. If OWNER and ENGINEER agree, ENGINEER ments to CONTRACTOR promptly after they are due as will furnish a Resident Project Representative to assist provided in paragraphs 14.4 and 14.13. ENGINEER in observing the performance of the Work. The duties, responsibilities and limitations of authority of any 8.4. OWNER's duties in respect of providing lands and such Resident Project Representative and assistants will be easements and providing engineering surveys to establish as provided in the Supplementary Conditions. If OWNER reference points are set forth in paragraphs 4.1 and 4.4. Pm-a- designates another agent to represent OWNER at the site graph 4.2 refers to OWNER's identifying and making avail- who is not ENGINEER's agent or employee, the duties, able to CONTRACTOR copies ofreports of explorations and responsibilities and limitations of authority of such other tests of subsurface conditions at the site and in existing struc- person will be as provided in the Supplementary Conditions, 19 ClarOqcations andlnte~retations: to ENGINEER written notice of intention to appeal from such a decision. 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the require- ments of the Contract Documents (in the form of Drawings Decisions on Disputes: or otherwise) as ENGINEER may determine necess~y, which shall be consistent with or reasonably inferable from the 9.11. ENGINEER will be the initial interpro:er of the overall intent of the Contract Documen-ts. If CONTRACTOR requirements of the Contract Documents and judge of the believes that a written clarification or interpretation justifies acceptability of the Work thereunder. Claims, disputes and an increase in the Contract Price or an extension of the other matters relating lo the acceptability ofthe Work ortho Contract Time and the parties are unable to agree to the interpretation of the requirements of the Contract Documents amount or extent thereof, CONTRACTOR may make a claim pertaining to the performance and fuimishing ortho Work and therefor as provided in Article 11 or Article 12. claims under Articles I1 and 12 in respect of changes in the Contract Price or Contract Time will be referred initially to ENGINEER in writing with a request for a formal decision Authorized Variations in Work: in accordance with this paragraph,'~'hich ENGINEER will 9.5. ENGINEER may authorize minor variations in the render in writing wi:bin a reasonable time. Written notice of Work from the requirements of the Contract Documents which each such claim, dispute and other matter will be delivered do not invoNe an adjustment in the Contract Price or the by the claimant to ENGINEER and the other party :o the Contract Time and are consistent with th~ ~verail intent of Agreement promptly (but in no event later than th~ay days) the Contract Documents. These may be accomplished by a after the occurrence of the event giving rise thereto, and Field Order and will be binding on OWNER, and also on wfftten suppor~ing data will be submitted to ENGINEER and CONTRACTOR who shall perform the Work involved theotherpa~ywithinsixtydaysaftersuchoccurrenceunless l:romptly. If CONTRACTOR believes that a Field Order ENGINEER allows an addi;.iona! pe."iod of time :o ascer:,ain justifies an increase in the Contract Price or an extension of more accurate data in support of the claim. the Contract Time and the parties are unable to agree as to the amount or extent thereof. CONTRACTOR may make a 9.12. When functioning as !n[erpre:er and judge under , ' · c - 12. para~:aphs 9.10 and 9.11. ENGINEER will not show nar- c.ar,m .here.o, as =rovided in ~; : tia!it.',' to OWNER or CONTRA. CTOR and '.v/i! not [:e lia~ie in connection with any interpretation or decision rendered in Rejecting Defecti;'e Work: ~eod fa:th in such cal:acity. The reade.ting of a 9.6. ENGINEER x~iii kayo r.u:hori.t':' :o disapprove or ENGiNEERpursuam't°~aragrapksg'!0andr"'ll wi:~':res'"'ec: :~ !il also ~a,.'e authcm':' to require special .ns~ec:ion er testir.~ hi', e been Wail ed b.',: -'.he making or acceptance c.: fins! pay- of the Work as provided in paragraF-.h 13.9. v.'hethe: or not men: as pro,.ided 'in 'paragraph 14.161 will :ad ace. ndition :ne Work is fa~hcated, installed or completed, precedent to an.',' exercise by OWNER or ,..O. of such rights or remedies as either may o-'.her'a lsd have under ire Contract Documenr,s or by La:vs or Reg'.'!afions ir. res?e:: Shop Drawings.. Change Orders and Payments:. of an;'. such c!aim, di~t~q ,' ~ or other matter. 9.7. In connection with ENGINEER's respensibilit.'-.' for Skc= Drawings and samples, see paragr.~pSs 6.23 through 6.2:; incl'.:si,,'e. Limitations on E.VGI.YEER's Respoosibili:ies: 9.8. In connection with ENGINEER's responsibilities as A*ic'.e 9 or elsev, here in the Contract Documents nor any to Change Orders, see Articles i 0, 11 and i2. decision made by ENGINEER in good fakh either to exercise or not exercise such authority shall give rise to an;,' duty or 9.9. In connection with ENGINEER's responsibilities in responsibility of ENGINEER to CONTRACTOR. any Sub- respect of Applications for Payment, etc., see .Article 14. contractor, any Supplier. or any other person or organization perSorming an}' of r,he Work. or to any surety for say of them. Determinations for Unit Prices: 9.14. Whenever in the Contract Documents the terms "as 9.10. ENGINEER will determine the actual quantities ordered", "as directed", "as required", "as allowed". "as ' and classifications of Unit Price Work performed by CON- approved" or terms of like effect or import are used. or the TR. ACTOR. ENGINEER will review with CONTRACTOR adjectives "reasonable", "suitable", "acceptable". "proper" ENGINEER's preliminary determinations on such matters or "satisfactory" or adjectives of like effect or import are before rendering a written decision thereon (by recommen- used to describe a requirement, direction, review or judgment ration of an Application for Payment or otherwise). ENGI- of ENGINEER as to the Work, it is intended that such NEER's written decisions thereon will be final and binding requirement, direction, review or judgment will be solely to upon OWNER and CONTRACTOR, unless, within ten days evaluate the Work for compliance with the Contract. Docu- after the date of any such decision, either OWNER or CON- meats (unless there is a specific statement indicating other- TRACTOR delivers to the other party to the Agreement and wise). The use of any such term or adjective shall not be 20 effective to assign to ENGINEER any duty or authority to 10.4.3. changes in the Contract Price or Con;rat;Time supervise or direct the furnishing or performance of the Work which embody the substance of any written decision rea- or any duty or authority to undertake responsibility contrary, dered by ENGINEER pursuant to paragraph 9.1 I; to the provisions of paragraph 9.15 or 9. !6. provided that. in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance 9.15. ENGINEER will not be responsible for CON- withtheprovisionsoftheContractDocumentsandappiicabie TiLa. CTOR's means, methods, techniques, sequences or pro- Laws and Regulations, but during any such appeal, CON- cedures of construction, or the safety precautions and pro- TIL&CTOR shall carry, on the Work and adhere to the prog- grams incident thereto, and ENGINEER will not be respon- ross schedule as provided in paragraph 6.29. sible for CONT~CTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents 9.16. ENGINEER will not be responsible for the acts or (including, but not limited to, Contract Price or Contract omissions of CONTRACTOR or of any Subcontractor, any Time) is required by the provisions o.f any Bond to be given Supplier, or of any other person or organization performing to a surety, the giving of any such notice will be CONTILAC- or furnishing any of the Work. TOWs responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 10~CHANGES IN THE WORK ARTICLE 11-~CHANGE OF CONTRACT PRICE 10.1. Without invalidating the A~eement and without notice 11.1. The Contract Price constitutes the total comport- to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work: sa;ion (subject to authorized adjustments) payable to CON- these will be authorized by a Written Amendment. a Change TiLACTOR for performing ~he Work. All duties, responsible- Order. er a Work Directive Change. UFon receipt of any such ities and obligations assigned to or undertaken by CON- document. CONTRACTOR shall r. romptly proceed with the TRACTOR shal! be ac his expense ,.vid:out change in the · a ..... Contract Price. Work mvolve~ whtch wu. be pefformeo under the applicable cendiF, ons of the Contract Documents ~exceFt as other,~se s:ecifical;v :re, ?.led). : .... The Contract ?~:e ms?' on!y 'ce czar.,,ec z .' ~ ~. ' ' Or?er or b.~ .-. Writ:er. Amendment. An': c'a!m .:or 2:~ :.r. zre'-'..~e or decrease in tee Co,r. trac: Price shai~ be based on '.~nttea i0.2. Ir OWNER and CONTRACTOR ar~ una~ie to aoree . . ..... = not:ce del!vere~ e'i the pan'.,' making the claim :o ;Lc o~.er as to :he ex:eat, .~ an;'. et an increase er decrease in the - r, ar, v and to ENGINEER promptly ',bm in no even; la:er than Contract Price or an extension or shor:ening of tko Contract '.. ' ' - - Time ;hat should ~e allowed as a resuit of a Work Directive ta~r:v days) a:':er the occ:rrence of ;ne event ~:','m~ rise to tko claim and s~a:ing the general nature o~' the claim. No:ice Change. a c!airr may be made therefor as provided in A~ic!e of the amount of the claim with supporting data shall 11 or Ar;lcD !2. de!i,.'ered wi.kin si×fy days ?.rter such occurrence ENGINEER allows an additional peter of time ~o asce~ain 10.3. CONTRACTOR shall not be entitled to aa increase more accurate data in su.=po~ of :he c~aimi and sha;! ke in :he Contract Price or an extension of the Contract Time accompav.:ed z'.,' cra;man.: s wa:ten s:a:emen~ t.".a; ..... rr,,_~.. with respect to any Work performed :hat is not req'aired L'.,' claimed covers al' kno'~,n amoums (direct. indirect and con- the Contract Documents as amended, modified and supple- sequential) to which the claimant is entitled as a result of men;ed as Frc,:ided in paragraphs 3.4 and 3.5, except in the occurrence of said event. All c~aims for adSustment in the case of an emergency as provided in paragraph 6.22 and Contract Price shall be determined by ENGINEER in actor- except in the case of uncovering Work as provided in para- dance with paragraph 9.11 if OWNER and CONTRACTOR graph 13.9. cannot other~t%e agree on the amount involved. No claim for an adjustment in the Contract Price will be valid ff r. ot 10.4. OWNER and CONTRACTOR shall execute appro- submitted in accordance with this paragraph 11.2. priate Change Orders (or Written Amendments) covering: I 1.3. The value of any Work covered by a Change Order 10.4.1. changes in the Work wNch are ordered by or of any claim for an increase or decrease in the Contract OWN ER pursuant to paragraph 10.1, are required because Price shall be de:ermined in one of the following ways: of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14, or are 11.3.1. Where the Work involved is covered by unit agreed to by the parties; prices contained in the Contract Documents, by applica- tion of unit prices to the quantities of the items involved 107%2. changes in the Contract Price or Contract Time (subject to the provisions of paragraphs 11.9.1. through which are agreed to by the parties; and 11.9.3, inclusive). 21 11.3.2. By mutual acceptance of a lump sum (which to the other provisions of the Contract Documen:s insofar may include an allowance for overhead and profit not as applicable. necessarily in accordance with paragraph Il .6.2. l). · 1...4. Costs of special consultan;s (inch:ding but not 11.3.3. On ff.e basis of the Cost of the Work (deter- limited to engineers, architects, testing la,oratories, sur- mined as provided in paragraphs 11.4 and I 1.5) plus a veyors, attorneys and accountants) employed for services CONTRACTOR's Fee for overhead and profit (deter- speeificallt,' related to the Work. mined as provided in paragraphs 11.6 and I 1.7). 11.4.5. Supplemental costs including the following: Cost of the Work: 11.4.5.1. The proportion of necessary transports- [ion. travel and subsistence expenses of CONTRAC- 11.4. The term Cost of the Work means the sum of all TOR's employees incurred in discharge of duties con- costs necessarily incurred and paid by CONTRACTOR in heeled with the Work. the proper performance of the Work. Except as otherwise · : may be agreed to in writine bv OWNER. such costs shall be I *, '~ ' ~ ' 1.4 ..... Cost. including transportation and main- in amounts no higher than those prevailing in the locality of tenance, of all materials, sup:lies, equipment machin- the Project. shall include only the followimz items and si.all · - ery, appiiances, office and teml:orary facilities at :he not include any of the costs itemized in paragraph 11.5: site and hand tools not owned by the Workers. wMzh are consumed in lhe performance of the Work. and cost I 1.4.1. Payroll costs for employees in the direct employ less market value o[ such items used but not ccnsumed of' CONTRACTOR in the performance of the Work under which remain the propertt,' of CONTRACTOR. schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employees not 11.4.5.3. Rentals of all construction equipment and employed full time on the Work shall be apportioned on machineD' and the parts thereof who:her rented from the basis of :heir time spent on the Work. Payroll costs CONTR.-t'.CTOR or others in accordance with rentai shaii include, but not be limited to. salaries and wages agreements approved bi,' OWNER with the advice of plus ,,he cost of fringe benefits which shall include social ENGINEER. and the costs of transports:ion, loading. security contributions, unemplovment exc se and payro unloading, insla!lation, dismantling and remo,'a! taxes, wc. rkers' or workmen's compensation, heai.'.h and :hereof--all ;n=,~,.?-n-'~'," -o, ,..,,..,. ......... :~ith terms of ida5' p2.',' applies:cie ;hereto. Such em;' or. ecs sh ~ inc!:z~e - : c,:, -:., > ....... = ..-= suaerin:enden:s and foremen at the si.ce. The expenses of .necessary far :he ':'-'" performing Work after regular ~`,ork!ng hours, on Satur- day. Sundav or legai holidays, shall be included in the ' q ' . . ,1.4...-. Sa .... consumer, use or similar taxes above to :Ne extent m:thorized by. OWNER. related to :he V', o.-"x..:nd~ .o.'- ~ :'. h=,.k'- CuN"' '-, R.~L' '"-: OR' ts' liable, imposed b'.,' La`,~s and Regulations. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Woyk. inert:din=_ co~'s,, o.r :runs- ! .'.~' ..... ~ ~ De:.csi:s. ]est lc- cdu~c'~ et;---- .......... '-"- .':.eg::- portation and storage thereof, and Suppliers' fluid services dunce of CONTRACTOR. any Subcon.'.rac:or or an:.- required in connection therewith. Al: cash discounts shall one d,.e...: o~ ].,~ ..... .~ em...,o:,d ay an;' c..' :hem ,;: `,~ith CONTRACTOR wi;h which :o make payments, in payments .and t~es for permits and ;icer. ses. which case ,h~ cash discounts shall accr:.:e to OWNER. All trade discounts, rebates and refunds and a[lreturns !1.4.5.6. Losses and damages (and related from sale of su,'-piu s materials and equipment shall accrue expenses;, not compensated by insurance or otherwise. to OWNER, and CONTRACTOR si,all make provisions to the Work or otherv.-ise sustained by CONTRACTOR so that they may be obtained, in connection with the performance and furnishing cf the Work (except losses and damages within tee 11.4.3. Payments made by CONTRACTOR to the deductible amounts of property insurance established Subcontractors for Work performed by Subcontractors. by OWNER in accordance with paragraph 5.9). pro- If required by OWNER. CONTRACTOR shall obtain vialed the5' have resulted from causes other than tF, e competitive bids from Subcontractors acceptable to CON- negligence of CONTRACTOR, any Subcontractor. or TRACTOR and shall deliver such bids to OWNER `,`,'ho anyone directly or indirectly employed by ant,' of them will then determine, with the advice of ENGINEER, which or for w-hose acts any of them ma.',' be liable. Such bids will be accepted. If a subcontract provides that the losses shag include settlements made with the written Subcontractor is to be paid on the basis of Cost of the consent and approval of OWNER. No such losses, Work Plus a Fee, the Subcontractor's Cost of the Work damages and expenses shall be included in the Cost of shall be determined in the same manner as CONTRAC- the Work for the purpose of determining CONTRAC- TOR's Costofthe Work. All subcontracts shall be subject TOWs Fee. If, however, any such loss or damage 22 requires reconstruction and CONTRACTOR is placed CONTRACTOR's Fee: -- in charge thereof, CONTRACTOR shall be paid for 11.6. The CONTRACTOR's Fee a!lowed to CONTRAC- services a fee proportionate to that stated in paragraph TaR for overh, ead and profit shall be determined as fo'!o'.,, 11.6.2. -- 11.4.5.7. The cost of utilities, fue~ and sankarv 11.6.1. a mutually ace. ep:ab[e fixed fee; or if none can facilities at the site. be agreed upon, -- 4 11.6.2. a fee based on the following percentages of the 11...5.8. blinor expenses such as te!egrams, long distance te!ephone calls, telephone service at the site. various portions of the Cost of the Work: expressage and similar petty cash items in connection with the Work. 11.6.2.1. for costs incurred under paragraphs 11.4.1 _ and 1 l.a.2, the CONTRACTOR's Fee shall be fifteen 11.4.5.9. Cost of premiums for additional Bonds percent; and insurance required because of changes in the Work and premiums for property insurance coverage witF, in 11.6.2.2. for costs incurred under paragraph 11.4.3, -- the limits of the deductible amounts established by the CONTRACTOR's Fee shall be five percent: and if OWNER in accordance with paragraph 5.9. a subcontract is on the basis of Cost of the Work Plus a Fee. the maximum allowable to CONTRACTOR on 11.5. Tl'.e term Cost of the Work shall fio't include any of account of overhead and profit of ail Subcontractors -- the following: shall be fifteen percent; 11.5.1. Payrollcostsandothercompensat[onofCON- 11.6.2.3. no fee shall be payable on the basis of TRACTOR's officers, executives, principals (of panner- costs itemized under paragraChs I 1 4 ' 11.4.5 and 11.5: ship and so~e proprietorships), general managers, engi- neers, architects, estimators, attorneys, auditors, accoun- 11.6.2.4. the amount of credit to be allowed ;05' tams, purchasing and contracting agents, expeditors. CONTRACTOR:oOWNERforanysuckchangewhicE ~ timekeepers, c~erks and other personnel employed by results in a ne: decrease in cost will be the amount of CONTRACTOR wkether at the site or in CONTRAC- the ac:ual net decrease plus a deduction in CONTRAC- TOR's principal or a branch office for ~,eneral ad."n, inistra- TOWs , "' · an amount equal to :eh =e::.en: of the ~ :-ce ~..', . ticn cf the Work and not specifically included in the ag:,eed net decrease: and -- upon scheJ..:'ie ct, f job class!fica:!cns refcrr.efi :o in ,~r:mh ' ' .:. i or soegiSc.a'.:v :c','crod ~,' ~[,,',-r::~~ I [.-' ' '1.6.2.5. ;~5en ~o[:. ad.3::2_'.n: ;:n.3 free.rs ail of v,~.ic5 are to be .considered ad..'n!nis:ra:ise c,ss:: involved in'anv :.,ne change. :he adjus:men: ir. CON- - covered by the CONTRACTOR's Fee. TRACTOR's Fee shat! be co...n.._':u:ed on tk.e basis o~'me 1!.5.2. Expenses of CONTRACTOR's principal and net change in accordance v. ith paracraahs 11.6.2.1 branch offices other than CONTRACTOR's office at the lhrodgk ! 1.~.2.-'. inciusi','e. -- site. 11.7. Wi',enever :kc east of any V,,'ork is :o be deterrr'.~ine~ li.5.3_ Aaypa.'-tcfCONTRACTOR'scaFi:alex~enses. pursuant to 7ar.';"raph !1.2 or 11.5. CONTRACTOR ',vi','. ' ~; -'i 0' ~ , ,T ...... submit in form acce=:akle :o ENGINEER an i:e..'nized m~.ut~.n= mt .... t o,. CON, RACT,.JR b caoxal emv;oveu -- for tv.e ,v~,r,, and charges ~_mst CONTRACTOR for breakdo~n age:her :~:tn sul:perung zata. deiinqaent ~a,vments. Cash A llox'ances: 11.5.4. Cost of premiums for ail Bonds and for all -- insurance whether or not CONTRACTOR is required by 11.8. It is understood tl'.at CONTRACTOR has included the Contract Documents to purci".ase and maintain the in the Contract Price all allowances so named in the Contract same (except for the cost of premiums covered by sub- Documents and skall cause the Work so covered to be dor. e ~ paragraph 1 ! .4.5.9 above), by such Subcontractors or Suppliers and for such sums within the limit of the allowances as may be acceptable to ENGI- 11.5.5. Costs due to the negligence of CONTRAC- NEER. CONTRACTOR agrees that: TaR, any Subcontractor, or anyone directly or indirectly -- employed by any of them or for ,,','hose acts any of them 11.8.1. The allowances include the cost to CON- may be liable, including but not limited to, the correction TRACTOR (less any applicable trade discounts) o£ mate- of defective Work, disposal of materials or equipment rials and equipment required by the allowances to be deli't- wrongly supplied and making good any damage to prop- ered at the site, and all applicable taxes; and -- e~y. 11.8.2. CONTRACTOR's costs for unloading and 11.5.6. Other overhead or general expense costs of handling on the site, labor, installation costs, overhead. -- any kind and ihe costs of any item not specifically and profit and other expenses contemplated for the allowances expressly included in paragraph 11.4. have been included in the Contract Price and not in the 23 allowances. No demand for additional payment on account shall be determined by ENGINEER in accordance with para- of any thereof will be valid, graph 9. I l if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Time will Prior to final payment, an appropriate Change Order will be be valid if not submitted in accordance with the requirements issued as recommended by ENGINEER to reP, ecl actual of this paragraph 12.1. amounts due CONTRACTOR on account of Work covered by allowances, and the Con:race Price shall be correspond- 12.2. The Contract Time will be extended in an amount ingly adjusted, equal to time lost due to delays beyond the control of CON- TIL&CTOR if a claim is made therefor as provided in para- graph 12.1. Such delays shall include, but not be limited to, Unit Price Work: acts or neglect by OWNER or others performing additional 11.9.1. Where the Contract Documents provide that work as contemplated by Article 7, or to fires, floods, let:or all or part, of the Work is to be Unit Price Work, initially disputes, epidemics, abnormal weather conditions or acts of the Contract Price will be deemed to include for all Unit God. Price Work an amount equal to the sum of the established unit pricesforeach separately identified item ofUnitPrice 12.3. All time limits stated in the Contract Documents Work times the estimated quantity of each item as indi- are of the essence of the Agreement. The provisions of this cared in the Agreement. The estimated quantities of items . Article 12 shall not exclude recovery for damages (including of Unit Price Work are not guaranteed ~.nkl. are solely for but not limked :o fees and charges of engineers, architects. the purpose of comparison of Bids and determining an attorneys and other professionals and court and arbitration initial Contract Price. Determinations of the actual quan- costs) for delay by either pa~y. titles and classifications cf Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accor- dance with Paragraph 9.10. 11.9.2. Each unit price ',','ill be deemed to include an ARTICLE 13~WARRANTY AND GUARANTEE: amount considered by CONTRACTOR to be adequate to TESTS AND INSPECTIONS; cover CONTRACTOR's overhead and profit for each sep- CORRECTION, REMOVAL OR arately identified item. ACCE!:'TANCE OF DEFECTIVE WORK : i.9.3. Where :he quant!t'., of an:.' i:e.m cf Ur.i: Price Work pefforn.ed L'.x CONTRACTOR differs ma:e.'-iaS': Warrano' at:dGuara;::ee: andsignifica~tl,,,'fromtheestimatedq~:an:ityofsuchiEem ;3.[. CONTRACTOR warrants and guarantees :.a indicated in :he Agreement and there is no corresponding OWNER and ENGINEER tka: a;~ Work will Ice in accar- adjustment with resnec:, to any. other item of Work and if dance ,~" ...... '" ':- e Contrac,' Documents and :vii! not be defective.. CONTRACTOR believes that CONTRACTOR bas Prompt notice of all dec'ears sha!~ be given to CONTRAC- -~q," thereof. CON- incurred additional expense as a ,~.Ul, TOR. All defective Work. '.vkether er not in place, ma'.,' be TRACTOR may make a claim for an increase in tee Con- rejected, correc:edorac:ep'..edasprov!:!edln:?.!s.--...~d, '.3. tract Price in accordance with Ar:icrc 11 if the parties are unable to agree as to the ameant of any suc~increase. Access to Work: 13.2. ENGINEER an," ENGINEER's,_~..._e...,,-' '"',-'~-. ARTICLE 12--CHANGE OF CONTRACT Th',IE other representatives of OWNER, testing agencies and go;'- ernmental agencies w'ithjurisdicfional interests will have access to the Work at reasonable times for their obse~-,'ation, inspecting 12.1. The Contract Time may only be changed by a Change and testing. CONTRACTOR shall provide proper and safe Order or a Written Amendment. Any claim for an extension conditions for such access. or shortening of the Contract Time shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than Tests and Inspections: thirty days) aS:er the occurrence of the event giving rise to 13.3. CONTILa. CTORshallgiveENGINEERtime!ynotice the claim and stating the general nature of the claim. Notice of readiness of the Work for all requ red insrections, tests or of the extent of the claim with supporting data shall be deliv- approvals. ered within sixty days after such occurrence (unless ENGI- NEER allows an additional period of time to ascertain more 13.4. If Laws or Regulations of any public body having accurate data in support of the claim) and shall be accom- jurisdiction require any Work (or pan thereof) to specifically panied by the claimant's written statement that the adjust- be inspected, tested or approved, CONTRACTOR shall merit claimed is the entire adjustment to which the claimant assume full responsibility therefor, pay all costs in connection has reason to believe it is entitled as a result of the occurrence therewith and furnish ENGINEER the required certificfites of said event. All claims for adjustment in the Contract Time of inspection, testing or approval. CONTRACTOR shall also 24 be responsible for and shall pay all costs in connection with thereof, CONTRACTOR may make a claim therefor as pro- any inspection or testing required in connection with OVvqN- vided in Articles 11 and 12. ER's or ENGINEER's acceptance ora Supplier of materials or equipment proposed to be incorporated in the Work, or of Owner May Stop the Work: materials or equipment submitted for approval prior to CON- 13.10. If the Work is defective, or CONTRACTOR fails TRACTOR's purchase thereof for incorporation in the Work. to supply sufficient skilled workers or suitable materials or The cost of all inspections, tests and approvals in addition to equipment, or fails to furnish or perform the Work in such a the above which are required by the Contract Documents way that the completed Work will conform to the Contract shall be paid by OWNER (unless otherwise specified). Documents, OWNER may order CONTRACTOR to s!op the Work, or any portion tEereof, until the cause for such order 13.5. All inspections, tests or approvals other than those has been eliminated; however, this right of OWNER to stop required by Laws or Regulations of any public body having - theWorkshallnotgiverisetoanydutyonthepartofOWNER .jurisdiction shall be performed by organizations acceptable to exercise this right for the benefit of CONTRACTOR or to OWNER and CONTRACTOR (or by ENGINEER if so any other party. specified). 13.6. If any Work (including the work of others) that is Correction or Removal of Defective Work: to be inspected, tested or approved is cover.ed without written 13.11. If required by ENGINEER, CONTRACTOR shall concurrence of ENGINEER, it must, if requested by ENGI- promptly, as directed, either correct ail defective Work, NEER, be uncovered for observation. Such uncovering shall whether or not fabricated, installed or completed, or, if the be at CONTRACTOR's expense unless CONTRACTOR Las Work has been rejected by ENGINEER, remove it from the given ENGINEER timely notice of CONTRACTOR's inten~ ' site and replace it with nondefective Work. CONTRACTOR tion to cover the same and ENGINEER has not acted with shall bear al! direct, indirect and consequential costs of such reasonable promptness in response'to such notice, correction or removal {inc!uding but not limited to fees and charges of engineers, architects, attorneys and other profes- 13.7. Neither observations by ENGINEER nor inspec- siona!s) made necessary :hereby. tions, tests or approvals by others shall retieve CONTrAC- TOR from CONTiL&CTOR's obligations to perform the Work in accordance with tee Contract Documents. One Year Correction Period: 1.:.12. ':,, ,,Ct?fin eno '.,'ear after :kc date c.." Subs:an::a~ Core-%err. on cr such '.cnger period c." :!r.:e as rn. 2': ~'e Uncovering Work: cabie special guarantee required b'.,' t~e Cc.':.:rac: Dezt.-mems 13.8. If any Work is covered contra."';; :o ~he written revues: er bv an.',' specific provision of tee Contract Doc."men:s. any of ENGINEER. it must. if requested b.v ENGINEER. b.e Work is found to be defec:ive, CONTILACTORsha[lprom.'ztly. Uncovered ~'or ENGINEER's observation and replaced at without cost to OWNER and in accordance v.'[:h OWNER's CONTRACTOR's expense, written ins:ructions, either correct such defective Work. er. if i: has been rQec:ed by OWNER. re.mo:'e it from the ~,' ' ' N ..... 13.9. I.~ ENGINEER considers it necessary or advisab;e and retrace it :~ith no:~defecri:'e ~i or~,. I: CO. T.'~.~C. t~at covered Work be observed by ENGINEER or inspected does not promptly comply with tee terms o.: sue?', instructions. or tested by ochers. CONTRACTOR. at ENG!NEER's or in an emergency where de,ay would cau~.e serious risk cf request, sha:l unco;'er, expose or otherwise make a','a!ia~,le loss or damage. OWNER ma'..' have the defec:i;'e Werk cor- rected or the rejected Work removed and replaced, and ail for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all direct, indirect and consequential costs of such removal and necessary iabor, material and equipment. If it is found that replacement (including but not limited to fees and charges nf such Work is defecffve CONTRACTOR shall bear al' direct engineers, architects, attorneys and other professionals) will indirec-', and consequential costs of such uncovering, expo- i:e paid by CONTRACTOR. In special circ~msta.,2.ces where sure, observation, inspection and testing and of satisfactoD' a paF, icular item of equipment is placed in continuous service reconstruction, (including but not limited to fees and charges before Substantial Completion of all tko Work, the correction of engineers, architects, attorneys and other professionals), period for that item may star, to run from an earlier date if and OWNER shall be entitled to an appropriate decrease in so provided in the Specifications or by Written Amendment. the Contract Price, and, if the parties are unable to agree as to the amount tl:.ereof, may make a claim therefor as provided in Article 11. If. however, such Work is not found to be Acceptance of Defective Work: defective, CONTRACTOR shall be allowed an increase in 13.13. If. instead of requiring correction or removal and the Contract Price or an extension of the Contract Time, or replacement of defective Work, O%,'NER (and, prior to both, directly attributable to such uncovering, exposure, ENGINEER's recommendation of final payment, also observation, inspection, testing and reconstruction; and, if ENGINEER) prefers to accept it, OWNER may do so. CON- the parties are unable to agree as to the amount or extent TRACTOR shall bear all direct, indirect and consequential 25 costs attributable to OWNER's evaluation of and determi- ARTICLE 14 PAYblENTS TO CONTRACTOR AND nation to accept such defective Work {such costs to be approved CUM PLETI ON by ENGINEER as to reasonableness and to include but not be limited to fees and charges of engineers, architects, attor- Schedule of Values: heys and other professionals)· If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a 14.1. The schedule of values established as provided in Change Order will be issued incorporating the necessary revi- paragraph 2.9 will se.~'e as the basis for progress payments sions in the Contract Documents with respect to the Work: and wiil be incorporated into a form of Application for Pa.,,'- and OWNER shall be entitled to an appropriate decrease in ment acceptable to ENGINEER· Progress payments on account of Unit Price Work wifi be based on the number of the Contract Price, and, if the partie~ are unable to agree as units completed. to the amount thereof, OWNER may make a claim therefor as provided in Article I I. If the acceptance occurs after such recommendation, an appropriate amount will be paid by A£plication for Progress Payment: CONTRACTOR to OWNER. 14.2. At least twenty days before imch progress payment is scheduled (but not more often than once a monthL CON- TRACTOR shail submit to ENGINEER for review an ApNi- OWNER May Correct Defective Work: cation for Payment filled out and signed by CONTRACTOR 13.14. If CONTRACTOR fails within a reasonable time coveringtheWorkcompletedasof:hedateoftheApplication and accompanied by such supporting documentation as is after written notice oF ENGINEER to proceed to correct and required by the Contract Documents. If payment is requestea' to correct defec:i;'e Work or to remove and replace rejected on the basis oF materials and equipment not ir. corpora:ed in Work as required by ENGINEER in accordance with para- the Work but delivered and suitably scored at the site or at graph 13.11, or iF CONTRACTOR fails to perform the Work another location agreed to in writing, the Application for in accordance with the Contract Documents, or if CON- Payment shall also be accompanied by a bill ofsale, invoice TRACTOR fails to compiy with any other provision of the or other documentation warranting thc~. OWNER ~as recei'.'e~ Contract Documents. OWN ER ma.,,', after seven days' wet- the materials and equipment free and clear ofall liens, charges· ten notice :o CONTRACTOR. correct and remedy any s~ch secufl;;,' interests and encumbrances (~h ck are hereina~'ter de~ciencv. In exercising the rights and remedies under -this in these Gene,al Conditions referred to as "Lier. s") and ~aragraph OWNER shall proceed expeditiously. To ~he extent e¥idencz tha~ the materiais and equipmen: are ca'.'e:'e~ necessarvtoco.T.r!eteco.'Tect!veandremedia!2ction. OV,'NER ~"~ ~'~ ' e - -..-~ ,, -.---<' ex-'u'~e C'-'N · RACTOR fr°m al:.°r aart o.~ t::e s:te- :a"e pro:e:: O:v>,'ER's in, tern-.: ihere:n, a:lc-:' v-.n:c:~ '.,:;2 ::e sc::- · ' '~*"-" and · -- ;ossess~on of -2ii or part ut' ::re ,~, ~. sc:spend CON- :s.~.:.:or'. :o O;~ NER. T?.e .zmoun: ut' ret:,.inage ma TRACTOR's ser;'i:es related thereto, take possession of to progress ~a', .menis",aii; be as stipulated in the ..x'.gres."r. er::. CONTRACTOR's cools, appliances, constractior:, equipment and machinery at :he site and incorporate in the Work all materials and equipment stored a: the site or For ;*.'kith OWNER CO.YTR.4CTOR's II'arranO' of Title: has paid CONTRACTOR i-ut ;~.'hJc~. are stored elsewhere. !a.3. CONTRACTOR warrants and gearv, n ecs :~at :i:.e CONTRACTOR ' " "' ' sna:, a:,o.~. OWNER. OWNER's represe.':- to ~' Work. .'~,~-' ~ .... ; ~.,'~ ' ~'-'.~r~,t t":' :~:;': A.c.z.i- ta'.i,.'es, auen:s and emplo','ees sach access to .'.he sire as ma,' . · - - - ca;'..cn for Pa'.. menl. who:aec i:'.ccrpor.".:ed in :he Pro.rent ~-% necessary, to enatle OWNER to exercise the rights_ and nc~. ',viii pass to OWNER .,:o la:er than the :ime ci'.za':'me::: remedies under .'.his paragraph. A;I direct, indirect and cnn- free and clear of at! Liens· sequential costs o£ OWNER in exercising such rights and remedies will be charged against CONTRACTOR in an amount approved as ~o reasonabieness by ENGINEER. and a Change Review of Apph'cationsfor Progress Payment: Order will be issued incorporating the necessary revisions in ' '" ENGINEER will. within ten days after receipt 0.5 tSe Contract Documents with respect to the Work; and caps Application for Payment. either indicate in writing a OWNER shall be entitled to an appropriate decrease in the recommendation of payment and present the Application to Contract Price, and, it- the parties are unable to agree as to OWNER, or return the Application to CONTRACTOR indi- the amount thereof, OWNER may make a claim therefor as caring in writing ENGINEER's reasons for refusing to ccc- provided in Anicle I I. Such direc:, indirect and consequen- ommend payment. In the latter case, CONTRACTOR may · rial costs will include but not be limited to fees and charges make ;he necessary corrections and resubmit the ApplJca- of engineers, architects, attorneys and other professionals, lion. Ten days after presentation of tbe Application for Pay- all court and arbitration costs and all cos~s of repair and ment with ENGINEER's recommendation, the amount rec- replacement of work of others destroyed or damaged by ommended will {subject to the provisions of the last sentence correction, removal or replacement of CONTR~-a, CTOR's oF paragraph 14.7) become due and when due will be paid by defective Work. CONTRACTOR shall not be allowed an OWNER to CONTRACTOR. extension of the Contract Time because of any delay in per- formance of the Work attributable to the exercise by OWNER 14.5. ENGINEER's recommendation of any payment of OWNER's rights and remedies hereunde'r, requested in an Application for Payment will constitute a 26 representation by ENGINEER to OWNER, based on ENGI- OWNER to a set-off against the amount recommended, but -- NEER's on-site observations of the Work in progress as an OWNER must give CONTtL-~CTOR immediate written notice experienced and qualified design professional and on ENGI- {with a cop.',' to ENGINEER) staling the reasons for such NEER's review of the Application for pal,'ment and the action. -- accompanying data add schedules that the Work has pro- gressed to the point indicated: that. to the best of ENGI- NEER's knowledge, information and belief, the quality of SubstanrialCompletion: the Work is in accordance with the Contract Documents 14.8. When CONTRACTOR considers the entire Work -- (sub.".ecttoanevaiuationoftheWorkasafunctioningwhole ready for its intended use CONTRACTOR shall notify prior to or upon Substantial Completion, to the results of any OWNER and ENGINEER in ~vriting that the entire Work is subsequent tests called for in the Contract Documents, to a substantially complete (except for iterfis specifically listed by final determination of quantities and classifications for Unit CONTRACTOR as incomplete) and request that ENGI- Price Work under paragraph 9.10, and to any other qualifi- NEER issue a certificate of Substantial Completion. Within cations stated in the recommendation); and that CONTRAC- a reasonable time thereafter, OWt.NER, CONTRACTOR and TOR is Chi!tied to payment of the amount recommended. ENGINEER shall make an inspection of the Work to deter- _ However, by recommending any such payment ENGINEER mine the status of completion. If ENGINEER does not con- will not thereby be deemed to have represented that exhaus- sider the Work substantially complete, ENGINEER will notify live or continuous on-site inspections have been made to CONTRACTOR in writing giving the reasons therefor. If check the quality or the quantity of th~ Work beyond the ENGINEER considers the Work substantially complete. -- responsibilities specifically assigne.d to ENGINEER in the ENGINEER will prepare and deliver to OWN ER a tentative Contract Documents or that there may not be other matters certificate of Substantial Completion which shall fix the date or issues between the parties that might entitle CONTRAC- of Substantial Completion. There shall be attached to the -- TOR to be paid additionally by OWNER or OWNER to ce,~ificate a tentative list of items to be completed or cdr- withhold payment to CONTRACTOR. rented before final payment. OWNER shall have seven days after receipt of the lentative certificate during which to make 14.6. ENGINEER's recommendation of final payment written objection to ENGINEER as to any provisions of the -- will constitute an additional representation by ENGINEER ce.~,ificate or attached list. If. after considering such objec- to OWNER that the conditions precedent to CONTRAC- tigris. ENGINEER concludes :hat the Work is nut sabstan- TOR's being entitled to final payment as set forth in parag.-aph tinily complete, ENGINEER will within fan,eon days affter 12.13, ~',','e..~ s~n .'--u;filled. submission of the tema:!;'e certificate :o OWNER nctif':' -- CONTR ~.CTOR in '.','ri:in:. s win..' :he reasons ::"ere.Car. if. :z.7. ENGINEER may :effuse to recom..-n, end thc ~C':oie after coq4dera:ion off OVCNER's obiect:on~. ENG!NEER or any par: o:' aa.',' payment a. in ENGINEER's opinion, i: .... >.,...= .,..-~ .-. _-:a_-...n..=l,. c.-'mr e:e ........ -- would be incorrect to make such representations to OWNER. within said foune4n days execute and deliver to OV,'NER ENGINEER may also refuse ~o recommend an.,.' such pa.'.'- and CONTRACTOR a definitive certificate of Subs:ant?-i tt, l.h _ revised '~- ,'v,. :: - ', ' ' _co 'ered evidence or mont. or. 5era'use of subsequently di~ ', Completion '-" = .... tan ~ ,s~ ~,f~tems lobe cern- the resahs orsubsequen: inspections or tests, null fy any such p!eted or c°rvected) reflecting such changes -~rom tko tentative -- payment previously recommended, to such extent as may be certificate as ENGINEER believes justified after consider- nece~ar',-in ENGINEER's oginion :o protect OWNER from etlon of an':' objecticr, s from OV'.:NER. A: the time ~' ~':,'~-:' loss because: of the ter. tafive certi?.cate of S,a'bstan--'.:a; Completion ENG:.- N EER ;vie deliver :o OWN ER and CONTRACTOR a x~ ri:fen 1-'..7.1. tee Work is d©Zec;?..'e, or completed Wurk bas recommendation as to division of responsibi!i:ies pen,Jing been damaged requiring correction or re¢;acement final payment he-'.ween OWNER and CONTRACTOR witk respect to security, operation, safety, maintenance, heat. -,., utilities, insurance and wa~.anties. Uniess OWNER and -- 14.;._. the Contract Price has been reduced by Writ- ten Amendment or Change Order, CONTRACTOR agree other, vise in writing and so inform ENGINEER prior to ENGINEER's issuing the definitive 14.7.3. OWNER has been required to correct defec- certificate of Substantial Completion, ENGINEER's afore- - tire Work or complete Work in accordance with paragraph said recommendation will be binding on OWN ER and CON- 13.14, or TRACTOR until final payment. __ 14.7.4. of ENGINEER's actual knowledge of the 14.9. OWNER shall have the right to exclude CON- occurrence of any of the events enu{nerated in paragraphs TRACTOR from the Work after the date of S'-bstantial Com- 15.2.1 through 15.2.9 inclusive, pletion, but OWNER shall allow CONTiL-~CTOR reasonable access to complete or correct items on the tentative list. -- OWNER may refuse to make payment of the full amount recommended by ENGINEER because claims have been Partial U~ilization: made against OWNER on account of CONTRACTOR's per- _ formance or furnishing of the Work or Liens have been filed 14.10. Use by OWNER of any finished part of the Work, in connection with the Work or there are other items entitling which has specifically been identified in the Contract Docu- 27 men:s, or which OWNER, ENGINEER and CONTRAC- ' 14.10.3. No occupancy or separate operation of part TOR agree constitutes a separately functioning and useab:e of the Work v,'il[ be accomplished prior to compliance with part of the Work that can be used by OWNER without sip- the requirements of paragraph 5.15 in respect ofprope.~y nificant interference with CONTRACTOR's performance of insurance. the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the follow- lng: Final Inspection: 14.11. Upon written notice from CONTRACTOR that the 14.10.1. OWNER at any time may request CON- entireWorkoranagreedportionthereofiscomplete, ENGI- TRACTOR in writing to permit OWNER to use any such NEER will make a final inspection with OWNER and CON- part of the Work which OWNER believes to be ready for TRACTOR and will notify CONTRACTOR in writing of all its intended use and substantially complete. If CON- particulars in which this inspection reveals that the Work is TRACTORa~ees, CONTRACTORwillcertifytoOWNER incomplete or defective. CONTRACTOR shall mmediatelv and ENGINEER that said part of the Work is substantially take such measures as are necessary to remedy such deft- complete and request ENGINEER to issue a certificate of ciencies. ' '. Substantial Completion for that part of the Work. CON- TIL&CTOR at any time may notify OWNER and ENGI- NEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substan- Final Application for Payment: tially complete and request ENGINEER to'issue a certif- 14.12. Alter CONTRACTOR has comple',ed all such cur- irate of Substantial Completion for that part of the Work. roe:ions to the satisfaction of ENGINEER and delivered all Within a reasonable time after either such request, OWNER, maintenance and operating instructions, schedules, guaran- CONTRACTOR and ENGINEER shall make an inspe¢- tees, Bonds. certificates of inspection, marked-up record :ion of that part of the Work to determine ';ts status of documents (as provided in paragraph 6.19) and other docu- completion. If ENGINEER does not consider that part of meats--all as required by the Contract Documents. and after the Work to be substantially complete, ENGINEER will ENGINEER has indicated that the Work is acceptable (sub- notify OWNER and CONTRACTOR in writing giving the ject to :.he provisions of paragraph 14.16), CONTRACTOR reasons therefor. If ENGINEER considers that part of:he may make application for final payment fo!lowing the pre- Work :o be sabstantially complete, the provisions of para- cedure for Ictus-ess payments. The final Application for Pay- graphs !4.8 and 14.9 ',,,'ill apply with respect to certification men: shah be accompanied by all documentation cai!ed for of Subs:ant!al Comp!etlon of:hat part of the Werk and the in t:':e Contract Dccumea:s. ;pge:her w!th complete ar.d :opal::.' division ef respons~bihty in respect thereof ar:d access e:'fecfive releases or wa!'. ers (sa:.is:"aclor3 :o OWNER; o:' a;i ~ere:o. Lie:ts ar!s!.-.g e~: o." or ~:e~ in ¢,:.anezlio2 w!:h the "&'¢rk. 2n :icg thereo£ and as approved by OWNER. CONTRACTOR 14.10.2. OWNER may at any time request CON- may furnish receipts or reieases in f-ll: an af,g. da',i:ofCON- TRACTOR in writing to permit OWNER to take over TRACTOR tlr. at the re!eases and receipts inc[ude all labor. operation of an:,, such part of the Work although it is not services, material and equipment for which a Lien coul~ be substantially complete. A copy of such request will be flied, and that all payrolls, material and equipment bilis, and sent to ENGINEER and within a reasonable time there- other indebtedness connected with the Work {'or v.'Mch after OWNER. CONTRACTOR and ENGINEER shai! OWNERorOV,.-NER's propeny might ~n any ;va:.' be respca- make an inspection of that part of the Work to determine sib]e, have been paid or other, vise satisfied: and consent ,~f its status of completion and ,.','ii! prepare a list of the items the surety, if an2,', to fizai pa;,'ment. If any S'-,bccr. tcaz:cr or remaining '.o be completed or corrected thereon b_efore Supplier fails to tarnish a release or receipt in (u!:. CON- final payment. IfCONTtLACTOR does not object in writ- TRACTOR may furnish a Bond or other collateral safisfac- inn to OWNER and ENGINEER that such part of the tory to OWNER to indemnify Og,'.~ER against any Lien. Work is not ready for separate operation by OWNER. ENGINEER will finalize the list of items to be completed or corrected and will deliver such lis: to OWNER.and FinalPaymentandAcceptance: CONTRACTOR together with a written recommendation - 14.13. If, on the basis of ENGINEER's observation of as to the division of responsibilities pending final payment the Work during construction and final inspection, and between OWNER and CONTRACTOR with respect to ENGINEER's review of the final Application for Payment security, operation, safety, maintenance, utilities, insur- and ac:'ompanying documentation--all as required by the anco, warranties and guarantees for that part of the Work Contract Documents, ENGINEER is satisfied that the Work which will become binding upon OWNER and CON- has been completed ar.d CONTRACTOR's other obligations TRACTOR at the time when OWNER takes over such under the Contract Documents have been fulfilled. ENG!- operation (unless they shall have otherwise agreed in writ- NEER will, within ten days after receipt of the final Appli- inn and so informed ENGINEER). During such operation cation for Payment, indicate in writing ENGINEER's tee- and prior to Substantial Completion of such part of the ommendation of payment and present the Application to Work, OWNER shall allow CONTRACTOR reasonable OWNER for payment. Thereupon ENGINEER will give access to complete or correct items on said list and to written notice to OWNER and CONTRACTOR that the Work compl6te other related Work. is acceptable subject to the provisions of paragraph 14.16. 28 Othe~'ise, ENGINEER will return the Application to CON- CONTRACTOR's continuing obligations under the Con- TRACTOR, indicating in writing the reasons for refusing to tract Documents; and recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Appli- 14.16.2. a waiver of all claims by CONTRACTOR cation. Thirty days after presentation to OWNER of the against OWNER other than those previously made in writ- Application and accompanying documentation, in apprnpfi- lng and sti'-I unsettled. ate form and substance, and with ENGINEER's recommen- dation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OW'NER to CONTRACTOR. ARTICLE 15--SUSPENSION OF WORK AND TERblINATION 14.14. If, throuvh no fault of CONTRACTOR, final com- pletion of the Work is significantly delayed and if ENGI- ' Owner May Suspend Work: NEER so confirms, OWNER shall, upon receipt of CON- 15.1. OW'NER may, at any tirge and without cause, sus- TRACTOR's final Application for Payment and recommen- pend the Work or any portion thereof for a period of not more dation of ENGINEER, and without terminating the Agree- than ninety days by notice in writing to CONTIL-~CTOR and men:, make payment of the balance due for that portion of ENGINEER which will fix the date on which Work will be the Work fully completed and accepted.. If the remaining resumed· CONTRACTOR shall resume the Work on the date balance to be held by OWNER for Work not fully completed so fixed. CONTRACTOR shall be allowed an increase in the or corrected is less than the retainage stipulated in the Agree- Contract Price or an extension of the Contract Time, or both, men:, and if Bonds have been furnished as required in para- directly attributable to any suspension if CONTRACTOR graph 5.1, the written consent of the surety to the payment makes an approved claim therefor as provided in Articles 11 of the balance due for that portion of the Work fully corn- and 12. pleted and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions gov- Owner May Terminate: erning final payment, except that it shall not constitute a 15.2. Upon the occun'.ence of any one or more of the waiver of claims, fo:!owing events: 15.2.!. ifCONTIL-XCTOR commences a volontar'...-' case Contractor's Continuing Obligation: under an.',' ok. ap:er of the Ban'..~-aptc:,' Code !Ti:'.e [ !. Unite:! I-:'.15. CONTRACTOR's ebSgation to perform an,2 co..'n,- States Co.2e~. as no~.~ or hereof:er in effezt, or if CON- pinto :Se Wont.; in accorJance witx t?:.e Contract Documents TKACTOR takes any eq~:i'.'aient or similar act!ch bt.' ..'5. hug shai! ~e abso:ute. Neither recommendation of any pro~-ess a peri:ion or other'.vise under any other federa! or state or final payment by ENGINEER. nor the issuance of acer- law in effect at such time relating to the bank:-,ptcy er tificate of Substantial Completion, nor any payment by insolvency: OWNER to CONTR-ACTOR under the Contract Documents. nor any use or occupancy of the Work or any part thereof by 15.2.2. if a petition is filed against CONTRACTOR OWNER. nor an'..' act o.~ acz. e.ctance by OWNER nor any under any chap:er 05 the Bankr-ptcy Code as now or failure to do so. nor an'.,' review and approva! of a SSop hereafter in effect a: t.'2. e :!me of 7.;ind. or if a rte:ilion is Drawing er sample submission, nor the issuance of a no:ice fie,4 seeking any suck equivalent or similar reiief against ofacceptabiii:y by ENGINEER .:ursuant to paragraph I.:.13. CONTRACTOR under any other fe.,Sera~ or state !aw in nor any carrectlen of defective Work by OWNER will :on- ef."e:t a: the time relating to bank.'-up:cy or insc?-,'ency: stitute an acceptance of Work not in accordance with the Contract Documents or a release of CONTRACTOR's obit- '5.2.3. if CONTRACTOR makes a general assignment gation to perform the Work in accordance with :he Contract for the benefit of creditors: Documents (exzept as provided in paragraph !4.16). 15.2.4· if a trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicab!e !aw or under Waiver of Claims: contract, whose appointment or authority to take charge 14.!6. The making and acceptance of final payment will of proper'.y of CONTRACTOR is for the purpose of constitute: enforcing a Lien against such property or for the purpose of general administration of such property for the benefit 14.16.1. a waiver of ail claims by OWNER against of CONTRACTOR's creditors; CONTRACTOR, except claims arising from unsettled Liens, from defective Work appearing after final inspec- 15.2.5. if CONTRACTOR admits in writing an inabii- lion pursuant to paragraph 14.11 or from failure to comply ity to pay its debts generally as they become due; with the Contract Documents or the terms of any special guarantees specified therein; however, it will not cons:i- 15.2.6. ifCONTRAcTOR persistently fails to pefform tutea waiver by OWNER of any fights.in respect of the Work in accordance with the Contract Documents 29 {including, but not limited to, failure to supply sufficient 15.3. Where CONTRACTOR's services have been so skilled workers or suitable materials or equipment or terminated by OWNER, the termination will not affect an), failure to adhere to the progress schedule estal:lished under rights or remed:'es of OWNER against CONTRACTOR then paragraph 2.9 as revised from time to time): existing or which may thereaher accrue. Any retention or payment of moneys due CONTRACTOR by OWNER ',vi~l l~.z.t, if CONTRACTOR disregards Laws or Regu- not release CONTRACTOR from liability. lotions of any public body having jurisdiction; 15.4. Upon seven days' written notice to CONTRAC- 15.2.8. if CONTRACTOR disregards the authority of TOR and ENGINEER. OWNER may, without cause and ENGINEER: or without prejudice to any other fight or remedy, elect to aban- don the Work and terminate the Agreement. In such case. 15.2.9. if CONTRACTOR otherwise violates in any CONTRACTOR shall be paid for ail Work executed and any substantial way any provisions of the Contract Docu- expense sustained plus reasonable termination expenses. ~t rich merits; will include, but not be limited to, direct, indirect and con- sequential costs {including, but not limited to, fees and charges OWNER may, after giving CONTRACTOR {and the s~rety, of engineers, architects, attorneys and other professionals if there be one) seven days' written notice and to lhe extent and court, and arNtrafion costs). permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's Contractor May Stop Work or Terminate: tools, app!iances, construction equipment and machinery at 15.5. If, through no act or fault of CONTRACTOR. the :he site and use the same to the full extent they could be used Work is suspended for a per.~od of more than niae',y days by by CONTRACTOR {without liability to CONTRACTOR for OWNER or under an order ofcoun or other public authority. trespass or conversion), incorporate in the Work all materials or ENGINEER fgiJs to act on any Application for ?a.vment and equipment stored at the site or for which OWNER has within thirty days after it is submitted, or OWNER fails for raid CONTRACTOR but which are stored elsewhere, and thirty days to pa.',' CONTRACTOR any sum finally deter- finish the Work as OWNER may deem expedient. In such ,nined to be due. then CONTRACTOR ma'.,', upon seven case CONTRACTOR shall not be emi:led to receive an:,' da:,'s' written notice to OWNER and ENGINEER. terminate further payment unfit the Work is iS. ri!shed. If the unpai,~ the Agreement and recover from OWNER pa3'men~ for a~l balance of ~he Co.':.tract Price exceeds the direct, indirect and Work executed and any expense sus;ained p!cs reasonab!e consequential costs of completing ..~e Work iincluding bet termination expenses, in additioq and in lieu of termin~'_.:i.':.~ no~ hmi:ed [o fees and charr'es of en~i.qeers, arcki:e,:ts, v. uo-- ,... ~,:n~o,'~,.d.,....>..un.,.~andcoJr'.azdi:.'D~tra{ioncos:3. c.~:;o~.."'c r D~: n~. ,: ...... .... or O'o.'N ER :~:~,, :-''; ~ ~,,.I.=:~ lo ~:tKe .:', :~ ~. ,...:~' - sxch excess wiil be paid :o CONTRACTOR. ir such costs me.':.: as aforesaid. CONTRACTOR ma.'.' upon se~en d"-'_,'s' exceed suc.h un=aid, balance. CONTRACTOR sha!i pay. the writ:eh notice ~o OWNER and ENGINEER stop. difference to O, N~R. Such costs inc'arred by OWNER will unto payment of al! amour, ts :hen &,e. The provisicns of this be approved as .lo ,.~,.n ........ ~. o: ~. C,NE_x and incor- paragraph sha]! .':.or relieve CONTv, A,.. porated in a Change Order, but when exercising an}' riuhts_ ur. der para~raah_ . 6.29 to carry on -'.he or remeziies under ~kis paragraph OWNER shall not ~e require~ with ~Ee progress schedule and '-xi~i':out de ay fluting d spt:les to oc.a:n :be lowest price for the Work performed, and disagrce=en:s with OWNER. [The remainder of this page was left blank intentionally.] ~ 3O ARTICLE 16~ARBITRATiON American Arbi;ration Association. and a copy ;viii be sen: to ENGINEER for information. The demand for arbitration will 16.1. Ail c~aims, disputes and other matters in question be made within the thirty-day or ten-day period spec;fled in between OWNER and CONTRACTOR arisine out of. or paragraph 16.2 as applicable, and in ail other cases within a relating to the Contract Documents or the breach Ire:co," reasonable time after the claim, dispute or other matter in (except for claims which have been waived by the making or question has arisen, and in no event sb. ail an:; such demand acceptance of final payment as provided by paragraph 14.16) be made after the date when institution of legal or equitable will be decided by arbitration in accordance with Ire Con- proceedings based on such claim, disput,e or other matter in struction Industry Arbitration Rules of the American Arbi- question would be barred by the applicable statute of limi- tration Association then obtaining subject to the limitations rations. of this Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in occur- 16.4. No arbitration arising out of or relating to the Con- dance herewith as provided in this Article 16 will be specifi- tract Documents shall include by consoiidation,joinder or in cally enforceable under the prevailing!aw ofany court having any other manner any other per,son or entity (inc!uding jurisdiction. ENGINEER. ENGINEER's agents, employees or consul- rants) who is not a pony to this contract unless: 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER 16.4.1. the inclusion of such other person or entity is initially for decision in accordance with paragraph 9.11 wi3 necessary, if complete relief is to ~'we ,~t..o, de~,~ '~ ~ a among those be made until the earlier of (a) the dale on which ENGINEER who are already Fatales to the arbitration. has rendered a decision or (b) the tenth day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that i6.4.2, such other person or entity is su~stantiai!y date. No demand for arbitration of any such claim, dispute involved in a question of law or fact which is common :o or other matter will be made la:er than ~hirty days after the those who are already parties to the arbitration and which date on which ENGINEER has rendered a written decision v,'i'.[ arise in such proceedings, and in respect thereof in accordance v,i:h paragraph 9.11: and failure to demand arbi:ration within said thirty days' period 16.4.3. the w.,-it:en consent of :ko other person or entity shall result in ENGINEER's deci4on bein~ final and bindin* · - ' ' - - so;xgh: :o '-'-~.~ included and of OWNER and CONTRAC- ~:pon OWNER and CONTRACTOR. IfENG!NEER renders TaR has been obtaine~ ."or sack. incDs!on. '.~ hick consent a decision after arbitration ~rcceed:nas have ~een .... "~'---{.:'.~ '1~ b-';'l'"''~'t"<~";'~r'-'h~, ',/:inotsu::erse.:e · .. ..-. ... _. the arb!trot.on prcceed,.a~s. ~x~_.'-~p' v. here :?.e decision is c:scate' ..... ..not sgecmcc..v described in such conse.':.~ er .cc. acceptable :o the i:arties concerned. No demand for arbitra- tion of any xtritten decision of ENGINEER rendered in accordance ,.vitk para-:tau5 9.10;tr.."' 'ce made later than ten days after the party ma..,.n~, such demano nas ueLvered ~ar:,~- ' ln~ .:,'.,~:fl ,eno ..... : t::e ,.u.,.atu. S v,i!~ be final. ten notice of intention to appeal as !rrovided in paragraph 16.5. -. 9.10. .'xc.t.q-,e2: ~-x i? ,--:~-e,: :con it in an'-.- :aurt.,: ....... ~.- diction thereof, and ;~il: no: be subject :o mod:boa:ion or '' ' . ~l Se~.l~.._ '"- ' 16.3. Notice of the demand for are:trot:on wil; be tS.;ed ir, apgeal except to the ex:em eermitted ~' · ~,'-~,- . .:, =.'-.o i '. writing with tko other par:'.,' to the Agreement and '.'.th :?.e of the Fedora! .Arbitration .-kc: ~9 U.S.C. ~a ,: . .. [The remainder of this page was left blank intentionally.] 31 [This page was !el: blank in:entionai!y.] ARTICLE 17--MISCELLANEOUS sion or act of the other party or of any of the other pa.~y's employees or agents or others for whose acts the other party Giving Notice: is legally liable, claim will be made in writing to the other 17.1. WF, enever any provision of the Contract Docu- party within a reasonab!e time of the first obsep,'ance cf such ments requires the giving of written notice, it will be deemed injur2,.' or damage. The provisions of this paragraph 17.3 sea!! to have been validly given if delivered in person to the indi- not be constrced as a substitule for or a waiver of the Fro- visions of any applicable statute of limitations or repose. viduat or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last 17.4. The duties and obligations imposed by these Gen- business address known to the giver oftl:e notice, oral Conditions and the rights and remedies available here- under to the parties hereto, and, in particular but without Computation of Time: limitation, t}:e warranties, guarantees and oNigations imposed 17.2. I. When any period of time is referred to in the upon CONTRACTOR by paragraphs 6.30, 13.1, 13.12, 13.14, Contract Documents by days, it will be computed to exclude 14.3 and 15.2 and all of the fights land remedies available to the first and include the last day of such period. If the last OWNER and ENGINEER tl:.ereunder, are in addition to. day of any such period falls on a Saturday or Sunday or and are not to be constraed in any way as a !imitation of, any on a day made a legal ho[iday by tl:.e law of lhe appiicab[e rights and remedies available to any or all of them which ate jurisdiction, such day will be omitted from the computa- othe:'wise imposed or available by Laws or Regulations. by lion. special warranty or guarantee or by other provisions of -'.Se Contract Documents, and the provisions of this paragraph 17.2.2. A calendar day of twenty-four hours measured will be as effective as if repeated specifically in the Contract from midnight to the next midnight shall constitute a day. Documents in connection with each particular d'aty, obiiga- lion, right and remedy to which, they apply. Ail represen:a- General: lions, warranties and guarantees made in :he. Con:tact Doc- 17.3. Should OWNER or CONTRACTOR suffer iv. juo' uments will survive final payment and termination or corn- or damage to ~-erson or property because of any e~or. orals- pietion of the Agreement. 33 SUPPLEMENTARY CONDITIONS THESE SUPPLEMEN'I'ARY CONDITIONS AMEND THE STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT (NO. 1910-8, 1983 ED.) AS -- LNDICATED BELOW. ALL PROVISIONS WHICH ARE NOT AMENDED OR SUPPLEMENTED REMALN ~N FULL FORCE AND EFFECT. ALL PROVISIONS AMENDED REMAIN LN FULL FORCE AND EFFECT AS AMENDED. ARTICLE I - DEFLNITIONS -- SC~I. Calendar Day or Days: Any successive day or days of the week or month, no days being -- excepted. Engineer: The word "Engineer" in these contract documents and specifications shall be -- understood as referring to CITY ENGINEER, City of Coppell, P.O. Box 478, Coppell, TX 75019, Engineer of the Owner, or such other representatives as may be authorized by said Owner to act in any particular position. Owner: The word "Owner" in these contract documents and specifications refers to the _ CITY OF COPPELL acting through its authorized representatives. Shop Drawings: Add the following language after the second reference to _ CON~FRACTOR: "after his review and approval of same". All other terms used in these Supplementary Conditions which are defined in the Standard _ General Conditions of the Consmaction Contract (No. 1910-8, 1983 ed.) shall have the same meanings used in the General Conditions. -- ARTICLE 2 - PRELhMINARY MATTERS SC-2.2. Amend the first sentence by changing "ten cqpies" to be "five copies". SC-2.3. Delete paragraph 2.3 in its entirety and insert the following in lieu thereof: 2.3. The contract time will commence to run on the tenth day after the date of Notice to Proceed. SC-2.8. Amend the first sentence of paragraph 2.8 to delete the following: "Within twenty days after the effective date of the Agreement, but". Section 000232 - Supplementary Conditions Page 1 -- SC-2.9. Amend the fu-st sentence of paragraph 2.9. by adding the following at the beginning of the sentence: "If requested by Owner, Engineer or Contractor". SC-2.10. Add the following new paragraph 2.10 immediately after paragraph 2.09; Conflict of Interest 2.10. City Charter states that no officer of the City shall have a financial interest, direct _ or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, or rights or interest in any land, materials, supplies or services. This prohibition does not apply when the interest is represented by ownership of stock -- in a corporation involved, provided such stock ownership amounts to less than one percent (1%) of the corporation stock. Any violation of this prohibition will constitute malfeasance in office. Any officer or employee of the City found guilty thereof should thereby forfeit his office or -- position. Any violation of this prohibition with the knowledge, expressed or implied, of the persons or corporations contracting with the City shall render the contract voidable by the City Manager or the City Council. The Contractor represents that no employee or officer of the City -- has an interest in the Contractor. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REVISE SC-3.2. - Add the following language at the end of the paragraph 3.2.: "If there is any conflict between the provisions of the Contract Documents and any such referenced standard specifications, manuals or codes, the provisions of the Contract Documents shall take precedence over that of any standard specifications, manuals or codes." ARTICLE 4 - AVAII.ABII.ITY OF LANDS: PHYSICAL CONDITIONS: REFERENCE POINTS SC-4.2.1.1. Add the following new paragraph 4.2.1.1 immediately after paragraph 4.2.1.: 4.2.1.1. In the preparation of Drawings and Specifications, ENGINq=~R has established and relied upon the following reports of explorations and tests of subsurface conditions at the site -- of the work: No Geotechnical explorations or tests of subsurface conditions have been performed. The -- Contractor may take borings at the site to satisfy himself as to subsurface conditions. -- Section 000232 - Supplementaxy Conditions Page 2 SC-4.3.3. Add the following new paragraph 4.3.3 immediately after 4.3.2: -- 4.3.3. Existing Utilities and Sewer Lines: The Contractor shall be responsible for the protection of all existing utilities or service lines crossed or exposed by the construction operations. Where existing utilities or ser~4ce lines are cut, broken or damaged, the -- CON'rRACTOR shall replace the utilities or service lines with the same type of original construction, or better, at his own cost and expense. -- If it is necessary to change or move the property of any owner or of a public utility, such property shall not be moved or interfered with until authorized by the ENGENEER. The right is reserved to the owner of any public utility to enter upon the limits of the project for the purpose of making such changes or repairs of their property that may be made necessary by the peffortuance of this contract. SC-4.4.1 Add the following new paragraph 4.4.1 immediately after paragraph 4.4.: 4.4.1. Construction stakes shall be provided by the Contractor as per Item 4.4 of the _ General Conditions. Vertical control has been established as shown on the construction plans. Horizontal control can be established from existing inlets, street intersections or other utilities indicated on the construction plans. The Contractor shall be responsible for establishing all lines -- and grades, and the precise location of all proposed facilities. The ENGENEER may make checks as the Work progresses to verify lines and grades established by the Contractor to determine the conformance of the completed Work as it progresses with the requirements of the construction -- documents. Such checking by the Engineer shall not relieve the Contractor of his responsibility to perform all Work in connection with Contract Drawings and Specifications and the lines and grades given therein. ARTICLE 5 - BONDS AND LNSURANCE -- SC-5.1. Delete this paragraph in its entirety. SC-5.2. Delete this paragraph in its entirety. SC-5.3. through SC-5.7. Delete sections 5.3 through 5.7 in their entirety and substitute the following in lieu thereof: 5.3. Insurance Required. The Contractor shall not commence work under this contract _ until he has obtained all insurance required under this paragraph and Item 1.26 of the North Section 000232 - Supplementary Conditions Page 3 Central Texas Standard Specifications for Public Works Construction as amended September 21, -- 1989, and such insurance has been approved by the City, nor shall the Contractor allow any subcontractor to commence work on this subcontract until all similar insurance of the subcontractor has been so obtained and approved. 5.3.1. Compensation Insurance. The Contractor shall take out and maintain during the _ life of this contract Worker's Compensation Insurance for all of his employees at the site of the project and in case any work is sublet, the Contractor shall require the subcontractors similarly to provide Worker's Compensation Insurance for all of the latter employees unless such _ employees are covered by the protection afforded by the Contractor. In case any class of employee engaged in hazardous work under this contract at the site of the project is not protected under the Worker's Compensation statute, the Contractor shall provide and shall cause each _ subcontractor to provide adequate and suitable insurance for the protection of his employees not otherwise protected. The minlmnm amount of insurance shall be as follows: -- Each Accident · $100,000 Disease Each Employee $100,000 Disease Policy Limit $500,000 5.3.2. Commercial General Liability Insurance. Contractor shall take out and maintain during the life of this contract such General Liability Insurance (including explosion, collapses -- and underground damage coverage) as shall protect him and any subcontractor performing work covered by this contract, from claims for damages for personal injury, including accidental death, as well as from claims for property damages, which may arise from operations under this -- Contract, including blasting, when blasting is done on or in connection with the work of the project, whether such operations be by himself or by any subcontractor or by any one directly or indirectly employed by either of them. The minimum amount of insurance shall be as follows: General Aggregate $1,000,000 Products - Components/ -- Operations Aggregate $1,000,000 Personal and Advertising Injury $600,000 Each Occurrence $600,000 Fire Damage (any one fire) $50,000 Medical Expense (any one person) $5,000 5.3.3. Automobile Liability Insurance. The Contractor shall take out and maintain during the life of this contract such Automobile Liability Insurance for owned, hired and nonowned _ vehicles as shall protect him and any subcontractor performing work covered by this contract. The minimum amount of such insurance shall be as follows: _ Combined Bodily Injtay and Property Damage $600,000 per occurrence Bodily Injury $250,000 per person -- Bodily Injury $500,000 per accident Property Damage $100,000 Section 000232 - Supplementary Conditions Page 4 5.4. Protective Liabiliw Insurance. The contractor shall take out and maintain during the -- life of this contract an owners protective liability, insurance policy. Coverage shall be on an "occurrence" basis and the policy shall be issued by the same insurance company that carries the contractors liability insurance. The minimum amount of such insurance shall be as follows: Combined Bodily Injury $600,000 per occurrence and Property Damage $1,000,000 aggregate 5.5. Proof of Carriage of Insurance. The Contractor shall furnish the City with _ satisfactory proof of carriage of the Insurance required as required by paragraph 5.8. of the General Conditions. SC-5.8. Amend the tn'st sentence of paragraph 5.8.: (i) by deleting the word "OW~'ER" in the _ third line of the first sentence and substituting the word "CONTRACTOR", (ii) by deleting the word "CONTRACTOR" in the seventh line of the first sentence and substituting the word "OWN'ER", and (iii) by deleting the words "paragraphs 5.6. and 5.7." of the third line of the first -- sentence and substituting the words "paragraphs 5.3. and 5.4.". SC-5.10. Delete paragraph 5.10. in its entirety and insert the following in lieu thereof: -- 5.10. If OWNER requests in writing that other special insurance be included in the property insurance policy, CONTRACTOR shall, if possible, include such insurance, and the cost thereof will be charged to OWN'ER by appropriate Change Order or Written Amendment. Prior -- to commencement of the Work at the site, CON'TRACTOR shall in writing advise OWN-ER whether or not such other insurance has been procured by CONTRACTOR. -- SC~5.11.1. Amend paragraph 5.11.1 to delete reference to paragraphs 5.6. and 5.7. in the 4th line and -- substitute the words "paragraph 5.4.", and delete the word "OWNER" in the next to last line and substitute the word "CONTRACTOR". S C-5.11.2. Delete paragraph 5.11.2 in its entirety and insert the following in lieu thereof: 5.11.2 CONTRACTOR intends that any policies provided in response to paragraph 5.4 _ shall protect all of the parties insured and provide coverage for all losses and damages caused by the perils covered thereby. Accordingly, all such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery _ against any of the parties named as insured or additional insured, and if such waiver forms are required of any Subcontractor, CONTRACTOR will obtain the same. Section 000232 - Supplementary Conditions Page 5 SC-5.12. Amend the fa'st sentence of paragraph 5.12 to delete reference to paragraphs 5.6. and 5.7. and substituting the words "paragraph 5.4. of the Supplementary. Conditions." SC-5.14. Delete paragraph 5.14. in its entirety and insert the following in lieu thereof: _ 5.14 If OWNER has any objection to the coverage afforded by or other provisions of the insurance required to be purchased and maintained by CON'TRACTOR in accordance with paragraphs 5.3 and 5.4 of on the basis of its not complying with the Contract Docnments, _ OWNER shall notify CONTRACTOR in writing thereof within ten days of the date of delivery of such certificates to OWNER in accordance with paragraph 2.7. Failure by OWNER to give any such notice of objection within the time provided shall constitute acceptance of such -- insurance purchased by the CONTRACTOR as complying with the Contract Documents. SC-5.15. Amend the first sentence of paragraph 5.15 to delete the word "substantial". -- ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES SC-6.7.1. Amend the sixth sentence of paragraph 6.7.1 to delete the word "substantial". -- SC-6.15.1 Add the following new paragraph 6.15.1 immediately after paragraph 6.15.: 6.15.1. Recent legislation has removed the sales tax exemption previously provided by Section 151.311 of the Tax Code covering tangible personal property purchased by a contractor for use in the performance of a contract for the improvement of Ci~-owned real~,. _ It is still possible, however, for a contractor to make m-free purchase of tangible personal property which will be incorporated into and become part of a City construction project through the use of a "separated contract" with the City. A "separated contract" is one which separates _ charges for materials from charges for labor. Under such a contract, the contractor becomes a "seller" of those materials which are incorporated into the project, such as bricks, lumber, concrete, paint, etc. The contractor issues a resale certificate in lieu of paying the sales tax at -- the time such items are purchased. The contractor then receives an exemption certificate from the City for those mater/als. (This procedure may not be used, however, for materials which do not become a part of the finished product. For example, equipment rentals, form materials, etc. -- are not considered as becoming "incorporated" into the project). Utilization of this "separated contract" approach eliminates the need for bidders to figure -- in sales tax for materials which are to be incorporated into the project. The successful bidder's Section 000232 - Supplementary Conditions Page 6 bid form will be used to develop the "separated contract" and will determine the extent of the -- tax exemption. Upon execution of the construction contract, the contractor shall furuish a breakdown (per item) of 1) materials incorporated into the project; and 2) labor, equipment, supervision and materials not incorporated into the project. SC-6.20. -- Amend the last sentence of paragraph 6.20 to delete the word "substantial". ARTICLE 7 - OTHER WORK SC-7.1 Delete the last sentence of paragraph 7.1 and substitute the following: The ENGINI:~-gR shall coordinate such other work with the CONTRACTOR and schedule events to minimize delay _ caused to the CONTRACTOR: No additional time shall be given to the CONTRACTOR for such related work except as provided in paragraph 7.5 and Article 12. SC-7.5. Add the following new paragraph 7.5 immediately after paragraph 7.4.: 7.5. Should CONTRACTOR cause damage to the work or property of any separate Contractor at the site, or should any claim arising out of CoNrrRACTOR's performance of the -- Work at the site be made by any separate Contxactor against CONTRACTOR, OW~'NER, ENGIN-EER, Consulting Engineer or any other person, CONTRACTOR shall promptly attempt to settle with such other Contractor by agreement, or to otherwise resolve the dispute by -- arbitration or at law. CONWRACTOR shall, to the fullest extent pem,itted by Laws and Regulations, indemni~, and hold OWNER, ENGINEER and Consulting Engineer harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of -- engineers, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any separate Contractor against OWNER, ENGhNEER or Consulting Engineer to the extent based on -- a claim arising out of CON'rlL~kCTOR's performance of the Work. Should a separate Contractor cause damage to the work or property of CONTRACTOR or should the performance of work by any separate Contractor at the site give rise to any other claim, CONTRACTOR shall not -- institute any action, legal or equitable, against OWNER, ENGINEER or Consulting Engineer or peimit any action against any of them to be maintained and continued in its name or for its benefit in any court or before any arbiter which seeks to impose liability on or to recover -- damages from OWNER, ENGhNF~ER or Consulting Engineer on account of any such damage or claim. If CONTRACTOR is delayed at any time in performing or furnishing Work by any act _ or neglect of a separate Contractor and OWNER and CONTRACTOR are unable to agree as to the extent of any adjustment in Contract Time atuibutable thereto, CONTRACTOR may make a claim for an extension of time in accordance with Article 12. An extension of the Contract _ Time shall be CONTRACTOR's exclusive remedy with respect to OWN'ER, ENGLNEER and Consulting Engineer for any delay, disruption, interference or hindrance caused by any separate Contractor." Section 000232 - Supplementary Conditions Page 7 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION SC-9.2. -- Amend the last sentence of paragraph 9.2. to delete the following: "as an experienced and qualified design professional". Delete Paragraph 9.10 in its entirety and insert the following in lieu thereof: 9.10. ENGINEER will have authority to determine the actual quantities and classifications of items of Unit Price Work performed by CONTRACTOR, and the written decisions of -- EN-GINF~F-R on such matters will be final, binding on OWNER and CONTRACTOR and not subject to appeal (except as modified by ENGIN'F-ER to reflect changed factual conditions). ENGINTgR will make determination of actual quantities in accordance with Measurement Methods identified for Unit Price Work where such methods are so identified in the Contract Documents. ARTICLE 11 - CHANGE OF CONTRACT PRICE _ SC-11.9.3. Paragraph 11.9.3 is hereby deleted in its entirety and the following, including new _ paragraph 11.9.3.1 through 11.9.3.4, is substituted in lieu thereof: 11.9.3 "The unit price of an item of Unit Price Work shall be subject to re-evaluation and -- adjustment under the following conditions: 11.9.3.1. if the total cost of a particular item of Unit Price Work amounts to 5% or more -- of the Contract Price and the variation in the quantity of that particular item of Unit Price Work performed by Contractor differs by more than 20%, both over and under, from the estimated quantity of such item indicated in the Agreement; and 11.9.3.2. if there is no corresponding adjustment with respect to any other item of Work; and 11.9.3.3. if CO.XYrRACTOR can demonstrate that it has incurred additional expense as a result thereof; or 11.9.3.4. if OWNER can demonstrate that the quantity variation entitles it to an adjustment in the unit price, either OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 if the parties are unable to agree as to the effect of any such variations in the quantity of Unit Ih-ice Work perforated." Section 000232 - Supplementary Conditions Page 8 ARTICLE 12 - CHANGES OF CONTRACT TIME SC-12.2. Add the following at the end of paragraph 12.2.: "No extension of the contract time shall be allowed unless the CON~rRACTOR can demonstrate the delay caused an adverse impact to _ the critical path and that loss of time can not be made up by revising the sequence of the work of the project." ARTICLE 13 - WARRANTY AND GUARANTEE: TESTS AND ENSPECTIONS: SC-13.4.1. Add the following new paragraph 13.4.1. immediately after paragraph 13.4.: -- 13.4.1. Observation of the contractor's work to determine compliance with the plans and specifications will include testing of materials installed on the project. Testing of work performed and materials furnished shall be done by a commercial laboratory employed by the -- Contractor and acceptable to the OWNER. The Contractor shall furnish, at his own expense, all necessary specimens for testing of the materials. All materials not conforming to the requirements of the specifications will be rejected. Section 000232 - Supplementary Conditions Page 9 DIVISION 1 - SPECIFIC PROJECT REQUIREMENTS DIVISION 1 SPECIFIC PROJECT REQUIREMENTS The construction specifications which apply to this project are the Standard Specifications for Public Works Construction - North Central Texas prepared through the North Central Texas Council of Governments (C.O.G.). The following Specific Project Requirements contain general and specific project requirements applicable to this project in the City of Coppell. These individual specifications control for this project. Additional amendments to the C.O.G. Standard Specifications are contained in Division 2 - Special Provisions to Standard Specifications for Construction. In the event that an item is not covered in the Project Drawings and these Specifications, then the Standard Specifications for the City of Coppell, Texas shall apply. DMSION 1 - SPECIFIC PROJECT REQUIREMENTS _ 1.1 OWNER: The "Owner" as referred to in these Specifications is the City of Coppell, P.O. Box 478, Coppell, Texas 75019. _ 1.2 ENGINFFR: The "Engineer" as referred to in these Specifications is the City Engineer, City of Coppell, Engineer of the Owner, or such other representatives as may be authorized by said Owner to act in any particular position. 1.3 CITY OF COPP~I.L: All improvements described in this Proposal and Construction Drawings shall be done in accordance with the Project Drawings and Specifications. In -- the event that an item is not covered in the Project Drawings and Specifications, then the Standard Specifications for Construction for the City of Coppell, Texas shall apply. -- 1.4 SITE: The Contractor shall limit his work to the area shown on the Project Drawings as within the street right-of-way. Entrance onto private property shall be at the expressed approval of the ENGLNF. F-R, only. 1.5 PROJECT DESCRIFYION: This Contract consists of the construction of drainage improvements on Brooks Lane in the Hunterwood Subdivision, Coppell, Texas. 1.6 CALENDAR DAY COUNT: Calendar days shall be counted by the Engineer on the basis of the definition set out in the General Conditions of Agreement. The calendar day count shall be suspended upon receipt by the Engineer of a written request for final inspection. The calendar day count shall resume upon receipt by the Contractor of a written list of items necessary to satisfactorily complete the project. This process shall continue until such time as the project is accepted by the Engineer, and the _ Owner. The calendar day count Will not be suspended or otherwise affected by use of completed portions or "substantial completion" of any of the project. _ 1.7 SAFETY PRECAUTIONS: The Conwactor shall comply with all applicable laws including the Occupational Safety and Health Act of 1970, ordinances, roles, regulations and order of any public authority having jurisdiction for the safety of persons or property _ to protect them from damage, injury or loss. He shall erect and maintain, as required by existing conditions and progress of the work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, -- promulgating safety regulations and notifying owners and users of adjacent utilities. 1.8 SOIL LNVESTIGATION: A geotechnical investigation report has not been prepared. The -- Contractor shall visit the site and acquaint himself with the site conditions. 1.9 SURVEY AND FLNISI-IF.D GRADES: The Contractor shall be responsible for -- installation of the storm sewer and inlets to plus or minus 0.10-foot of the elevations shown on the construction plans. Division 1 - Specific Project Requirements Page 1 Horizontal and vertical control is provided by the owner as shown on the plans. The Contractor shall be responsible for layout and staking of all grades and lines for construction. The Contractor shall preserve all stakes or markings until authorized by the Engineer to remove same. The Contractor shall bear the cost of re-establishing any control or construction stakes destroyed by either him or a third party and shall assume _ the entire expense of rectifying work improperly constructed due to failure to maintain established points and marks. _ No separate payment shall be made to the Contractor for construction staking which shall be considered incidental to the project and payments made under specific Pay Items shall be considered as full compensation for these requirements. 1.10 CONFORMITY WITH DRAWINGS: All work shall confoim to the lines, grades, cross- sections, and dimensions shown on the Drawings. Any deviation from the Drawings -- which may be required by the exigencies of construction will be determined by the Engineer and authorized by him in writing. -- 1.11 TESTING LABORATORY SERVICE: The Contractor shall make arrangements with an independent laboratory acceptable to the owner for all backf'fll compaction, concrete and other testing as required by the construction plans and standard specifications. The -- Contractor shall bear all related costs of tests, inspections or approvals. The Contractor shall notify the ENGhNEER in a timely manner of when and where tests or inspections are to be made so that they may be present. Two copies shall be provided to the Owner -- of all reports and laboratory test results. No separate payment shall be made to the Contractor for the cost of geotechnical testing services which shall be considered incidental to the project. 1.12 SUSPENSION OF WORK: If the work should be stopped or suspended under any order of the court, or other public authority, the Owner may at any time during suspension upon seven days written notice to the Contractor, terminate the Contract. In such an event, the Owner shall be liable only for payment for all work completed plus a reasonable cost for _ any expenses resulting from the te~,nination of the Contract, but such expenses shall not exceed $5,000. _ 1.13 PRESERVATION OF TREES: Permission of the Engineer must be obtained for removal of trees on the property that obstruct the installation of the improvements as outlined in this project. Penalty for destruction of a tree without permission shall be $500.00 each, _ payable to the Owner. If damage is continuous, tree guards shall be erected when so directed by the Engineer at the Contractor's expense. -- 1.14 COOPERATION OF CONTRACTOR: The Contractor shall have on the project at all times, as his agent, a competent Superintendent capable of reading the plans and specifications and thoroughly experienced in the type of work being performed. The -- Superintendent shall have full authority to execute orders or directions and to promptly supply such materials, equipment, tools, labor and incidentals as may be required. Such superintendence shall be fumisbed irrespective of the amount of work contracted. Division 1 - Specific Project Requirements Page 2 The Superintendent and the Contractor shall be responsible for supervision of all work performed by the subcontractor at all times during construction. 1.15 WARNhNG DEVICES: The Contractor shall have the responsibility to provide and maintain all warning devices and take all precautionary measures required by law to -- protect persons and property while said persons or property are approaching, leaving or within the work site or any area adjacent to said work site. No separate compensation will be paid to the Contractor for the installation or maintenance of any warning devices, -- barricades, lights, signs or any other precautionary measures required by law for the protection of persons or property. -- The Contractor shall assume all duties owed by the City of Coppell to the general public in connection with the general public's immediate approach to and travel through the work site and area adjacent to said work site. Where the work is carded on, in, or adjacent to, any street, alley, sidewalk, public right- of-way or public place, the Contractor shall at his own cost and expense provide such -- flagrnen and watchmen and furnish, erect and maintain such warning devices, barricades, lights, signs and other precautionary measures for the protection of persons or property as are required by law. The Contractor's responsibility for providing and maintaining flagmen, watchmen, warning devices, barricades, signs, and lights, and other precautionary measures shall not cease until the project shall have been accepted. If the En~neer discovers that the Contractor has failed to comply with the applicable federal and state law (by failing to furnish the necessary, flagmen, warning dev:..ces, _ barricades, lights, signs or other precautionary measures for the protection of persons or property), the Engineer may order such additional precautionary measures as required by law to be taken to protect persons and property, and to be reimbursed by the Contractor _ for any expense incurred in ordering such additional precautionmy measures. In addition, the Contractor will be held responsible for all damages to the work and other -- public or private property due to the failure of warning devices, barricades, signs, lights, or other precautionary, measures in protecting said property, and whenever evidence is found of such damage, the Engineer may order the damaged portion immediately removed -- and replaced by and at the cost and expense of the Contractor. All of this work is considered incidental and shall not be separate pay item. -- 1.16 EXISTING UTILITIES, STRUCTURES AND OTHER PROPERTY: a. Prior to any excavation, the Contractor shall deter,nine the locations of all existing -- water, gas, sewer, electric, telephone, telegraph, television, and other underground utilities and structures. -- b. After commencing the work, use every precaution to avoid interferences with existing underground and surface utilities and smactures, and protect them from damage. · _ Division 1 - Specific Project Requirements Page 3 c. Where the locations of existing underground and surface utilities and structures are indicated, these locations are generally approximate, and all items which may _ be encountered during the work are not necessarily indicated. The Contractor shall dete,,-ine the exact locations of all items indicated, and the existence and locations of all items not indicated. d. The Contractor shall repair or pay for all damage caused by his operations to all existing utilities, public property, and private property, whether it is below ground -- or above ground, and he shall settle in total cost of all damage suits which may arise as a result of this operations. -- e. To avoid unnecessary interferences or delays, the Contractor sl~all coordinate all utility removals, replacements and construction with the appropriate utility company. 1.17 DRAINAGE: The Contractor shall maintain adequate drainage at all times. -- 1.18 PROJECT MAINTENANCE: The Contractor shall mainta~rt, and keep in good repair, the improvements covered by these plans and specifications during the life of the contract. -- 1.19 CI.EANUP: Durin~ Construction. The Contractor shall at all times keep the job site as free from all material, debris and rubbish as is practicable and shall remove same from any portion of the job site when it becomes objectionable or interferes with the progress of the project. Final. Upon completion of the work, the Contractor shall remove from the site all plant, materials, tools and equipment belong/rig to him and leave the site with an appearance _ acceptable to the Engineer and the Owner. The Contractor shall thoroughly clean all equipment and materials irlst_alled by him and shall deliver over such materials and equipment in a bright, clean, polished and new-appearing condition. 1.20 INSPECTION: The word "Inspection" or other forms of the word, as used in the contract documents for this project shall be understood as meaning an Owner's agent will observe -- the construction on behalf of the Owner. The agent will observe and check the construction in sufficient detail to satisfy himself that the work is proceeding in general accordance with the contract documents, but he will not be a guarantor of the Contractor's -- performance. 1.21 DISPOSAL OF WASTE AND SURPLUS EXCAVATION: All trees, stnmps, slashings, -- brush or other debris removed from the site as a preliminary to the consu'uction shall be removed from the property. Any requ'~red burning and disposal permits shall be the sole responsibility of the Contractor. All excavated earth in excess of that required for backfilling shall be removed from the job site and disposed of in a satisfactory manner except in locations where, in the -- judgement of the Engineer, it can be neatly spread over the adjacent area. Division 1 - Specific Project Requirements Page 4 1.22 WATER FOR CONSTRUCTION: The Contractor shall make the necessary arrangement for securing and transporting all water required in the consn-uction, including water required for mixing of concrete, sprix~kling, testing, flushing, flooding, or jetting. The Contractor shall provide water as required at his own expense. 1.23 GUARA~N~F-: All work shall be guaranteed against defects resulting from the use of inferior materials, equipment or workmanship for a period of one (1) year from the date of final completion and acceptance of the project. Division 1 - Specific Project Requirements Page 5 DIVISION 2 - SPECIAL PROVISIONS TO STANDARD SPECIFICATIONS FOR CONSTRUCTION SPECIAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION These Special Provisions, modify, or supplement the Standard Construction Specifications _ of the North Central Texas Stant~ard Specifications. All provisions which are not so modified or supplemented remain in full force and effect, except payment shall be as established in the Section 00140 - Bid Form. PART II: MATERIALS - DIVISION 2 -- ITEM 2.1.5. TRENCH BACKFI1.1 ~: (b) Types "B" and "C" (4) Additional Requirements -- (B) Additional Requirements for Type "C" backfill when used in streets: Insert the following paragraph at the beginning of this subsection: "All trench backfill shall be compacted to between 95 percent and 100 percent of Standard Proctor Density as detemfined by -- ASTM D-698 at, or up to five (5) percentage points above, optimum moisture content, using mechanical compaction methods unless otherwise specified in the Plans. Water jetting may be used only with specific written permission of the Engineer." ITEM 2.1.6. RIPRAP OR STONE MASONRY: (b) Materials and Dimensions _ (4) Mortar Riprap. Add the sentence: Mortar or concrete type shall be approved by the Engineer and shall conform to A.S.T.M. C 387-83. _ ITEM 2.1.7. PIPE BEDDING MATERIAL FOR STORM SEWERS: (a) General: Amend the f~t sentence, by striking the words "requirements -- for earth bedding" and replace with "recommendations of the pipe manufacturer, and shall be approved by the Engineer. -- (b) Earth Bedding: Add the following sentence at the be~nning of this paragraph: "Earth bedding will not be permitted without written approval of the Engineer." Special Provisions Page 1 ITEM 2.2.2. CHEMICAL ADMIXTURES: -- (a) Fly Ash. Delete the three paragraphs under this subsection from the specifications. The use of Fly Ash as an admixture in any Class of concrete is specifically prohibited without ~xitten approval of the Engineer. PART III: DIVISION 3 - SITE PREPARATION -- ITEM 3.1.2. CONSTRUCTION METHODS: Add the following sentence after the second sentence: "The method of protection shall be -- 2 inch by 4 inch wood railing unless otherwise shown on the Plans or directed by the Engineer." -- ITEM 3.7.3. DENSITY: Strike the first sentence and replace with the following: "Earth embedment and select -- material shall be compacted to between 95 percent and 100 percent of Standard Proctor Density as determined by ASTM D-698 at, or up to five (5) percentage points above, optimum moisture content, using mechanical compaction methods, unless otherwise specified in the Plans or Specifications." PART IV: DIVISION 4 - SUBBASE AND BASE COURSES ITEM 4.8.4. CONSTRUCTION .METHODS: (b) Compaction _ Amend the last sentence of the first paragraph, by striking the words: "90 percent of the maximum dry. density of such material." and replace with the words "95 percent of the maximum dry density of such material, or as directed by Engineer. PART V: DIVISION 5 - PAVEMENT AND SURFACE COURSES -- ITEM 5.8.2. CONSTRUCTION METHODS (e) Joints (1) Expansion Joints: Delete the first paragraph and replace with the following: "Expansion joints shall be installed perpendicularly to the surface and -- centerline of the pavement. Expansion Joint material shall be redwood boards, 3/4-inch in width, and extended through curbs. Expansion joints are to be installed at each end of radius at street intersections. Expansion joints shall be -- equally spaced between intersections with not less than one every 200 linear feet of pavement, unless otherMse specified on the Plans or directed by the Engineer." Division 2 - Special Provisions Page 2 (C) Proximity. to Existing Structures: Add to end of sentence, "or as directed by the Engineer". (2) Contraction Joints. Delete the first sentence of the first paragraph and insert the following: "Contraction or dummy joints shall be sawed to 1-1/4 inches -- in depth, and 1/4 inch in width, and installed every 12 linear feet of pavement, and extend through curb, unless otherwise directed by the Engineer." -- (h) Finishing. (1) Machine. Add the following paragraph at the end of this subsection: "Fog -- sprays powered by pressure pumps, and capable of coveting the entire area of freshly placed concrete with a fine mist, shall be used if water is needed for f'mishing operations." (2) Hand. Add a new paragraph after first paragraph which reads as follows: "Fog sprays powered by pressure pumps, and capable of covering the entire area -- of freshly placed concrete with a frae mist, shall be used if water is needed for finishing operations." -- PART VI: DIVISION 6 - UNDERGROUND CONDUIT CONSTRUCTION ITEM 6.2.9. BACKFI~ .1.: (b) Compaction. (2) Densities - Areas Not Subjected to or Influenced by Vehicular Traffic. Amend the second sentence by striking the words "to a density comparable with _ adjacent undisturbed material" and replacing with "to a densi~ between 95 percent and 100 percent Standard Proctor Density as determined by ASTM D-698 at, or up to five (5) percentage points above, optimum moisture content, unless _ otherwise specified in the Plans or directed by the Engineer." Special Provisions Page 3