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11 - Contract with Bernal for 645 Johnso Woods Channel Bank Stablization ProjectItem No. 11 TO: Mayor & City Council FROM: Grayson Path, City Manager SUBJECT: 645 Johnson Woods Drive Channel Bank Stabilization (Gary Nash) Contractor Contract Approval DATE: December 14, 2020 41 TAO I K61 3@111 - On July 27, 2020, the City Council approved an agreement with Gary and Rebecca Nash to partner together in funding the installation of new gabion-style retaining wall in the drainage way behind their property. The City had performed a sanitary sewer and erosion protection project in this area, but at the time it was agreed that the Nash's sackrete wall would remain in place. The sackrete wall subsequently failed. The Nash's and City came to an agreement to partner together to fund the replacement of this wall. Bids were received and opened on October 1, 2020. At the November 9, 2020 City Council Meeting, the City Council awarded a bid to Bernal Commercial Construction, Inc. in an amount of $56,985.00. STATUS OF ISSUE: Hayter Engineering has submitted the needed contract for City Council approval to begin the work. The contract is a standard construction contract used by Hayter Engineering. Legal has reviewed and approved. We need City Council approval to sign and execute the contract for construction to begin. BUDGET: Per an agreement and subsequent amendment with Gary and Rebecca Nash, the City as agreed to spend an amount not to exceed $33,000.00 on design and construction. The balance to be covered by the Nash's. The total estimated cost for the project, including design and construction, is $68,260.00. OPTIONS: 1. Approve the contract with Bernal Commercial Construction, Inc. and authorize the City Manager to sign. 2. Request edits to the contract. 3. Request additional information to be brought back at a future Council Meeting. 4. Reject the contract. RECOMMENDATION: Approve the contract with Bernal Commercial Construction, Inc. and authorize the City Manager to sign. CONTRACT DOCUMENTS AND SPECIFICATIONS FOR T45 Johnson Woods Drive Channel Bank Stabilization ri �11, - �-- Christopher M. Donnan, P.E. F .......................... CHRISTOPHER M. DONNAP�.�. .................. ........ : ,�f 107253 1? /P / X Zo ull E nn I F 645 Johnson Woods Drive l Bain Stablization I IEI #180078 'r. Division/ Section SECTION 01 10 0001 10 Table of Contents 0001 20 Advertisement and Invitation for Bids 0021 16 Instructions to Bidders 0041 00 Bid 00 42 23 Bid Bond 00 45 16 Statement of Bidder's Qualifications 0051 00 Notice of Award 00 52 23 Agreement 00 55 00 Notice to Proceed 0061 13.13 Performance Bond 0061 13.16 Payment Bond 00 62 16 Certificate of Insurance 00 63 63 Change Order 00 65 19 Release by Subcontractors and Suppliers 00 65 19.19 Consent of Surety Company to Final Payment 00 65 19.26 Contractor's Affidavit of Final Payment and Release 00 72 00 Standard General Conditions 00 73 00 Supplemental General Conditions 01 1100 Summary of Work 01 2213 Measurement and Payment 01 31 00 Project Administration 01 3300 Submittals 01 4000 Quality Control 01 7000 Contract Closeout 01 7836 Warranties and Bonds City of Paris, Texas 00 01 10 — Page 1 of 1 Table of Contents 9/10/2020 SECTION 00 0120 ADVERTISEMENT FOR BIDS The City of Paris will receive sealed bids for the unit price general construction contract for the 645 Johnson Woods Drive Channel Bank Stabilization, until 2:00 .., on October 1. 2020, at City of Paris Council Chambers, 135 1st SE, Paris, TX 75460, at which time bids will be publicly opened and read aloud in the Council Chambers. Any proposals received after Closing Time will be returned unopened. The project includes the installation of approximately 48 linear feet of rock gabion baskets, complete and in place, along the western channel bank behind 645 Johnson Woods Drive as shown on the pians. The Contract Documents may be examined at the City Engineer's office at 150 1 st SE or online at the City of Paris website. There are no design drawings. This project will replace the sewer to the same depth and grade as existing conditions. The Contract Documents as needed for bidding on the Project may be downloaded free of charge from Ltj1 :/./ cm vc ��pt.�.m��Q coiim/ starting on September 11, 2020 or purchased from the ENGINEER's offices listed above at the non-refundable cost of $25.00. Please call in advance to purchase hard copies. Copies of the Contract Documents are available at plan rooms subscribing to civcastusa.com, including Construct Connect, Dodge Data & Analytics (formerly Dodge Reports), North Texas Construction Report, Virtual Builders Exchange, North American Procurement Council (NAPC), and Texas Bids. Sealed bids are to be addressed to the City Engineer and shall be marked "645 Johnson Woods Drive Channel Bank Stabilization - SEALED BID" on the outside of the envelope. The City reserves the right to reject any and all BIDS and to waive any or all informalities in bids received, deemed to be in the best interest of the City. In case of ambiguity or lack of clearness in stating prices in the bid, the City reserves the right to accept the most advantageous construction thereof to the City or to reject the bid. No bid may be withdrawn until after the expiration of 90 calendar days from the date bids are opened. A bid bond in the amount of 10 percent of the bid issued by an acceptable surety shall be submitted with each bid. A certified check or bank draft payable to the City of Paris or negotiable U.S. Government Bonds (as par value) may be submitted in lieu of the Bid Bond. Advertisement Dates: 09/10/20 & 09/17/20 City of Paris, Texas 00 01 20 -- Page 1 of 1 Advertisement and Invitation to Bid 9/10/2020 A. C L" HIM INSTRUCTIONS TO BIDDERS Define Terms Terms used in these Instructions to Bidders, which are defined in the Standard General Conditions of the Construction Contract, have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid directly to OWNER, as distinct from a sub -bidder, who submits a bid to a Bidder. The term ''Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom OWNER (on the basis of OWNER'S evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all addenda issued prior to receipt of Bids). Copies of Bidding Documents Complete sets of the Bidding Documents any, stated in the Advertisement and ENGINEER. The refund ability of said Advertisement or Invitation. in the number and for the deposit sum, if Invitation to Bid may be obtained from deposits shall be as described in said Complete sets of Bidding Documents must be used in preparing Bids; neither OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. OWNER and ENGINEER in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. Qualifications of Bidders To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five days of OWNER'S request, written evidence, such as financial data, previous experience, present commitments, other data outlined in the Statement of Bidder's Qualifications herein, and evidence of Bidder's qualification to do business in the state where the Project is located. Examination of Documents 1. 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. 2, Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site, if any, is based upon information and data furnished to OWNER and ENGINEER by owners of such Underground Facilities or other, and neither OWNER nor ENGINEER assume responsibility for the accuracy or completeness thereof. 3. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, Underground Facilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in the General Conditions. City of Paris, Texas 0021 16 Page 1 of 6 Instructions to Bidders 9/10/2020 4. Before submitting a Bid, each Bidder will be responsible to make or obtain such explorations, tests and data concerning physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site, or otherwise which may affect costs, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. 5. On request in advance, OWNER will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, cleanup and restore the site to its former conditions upon completion of such explorations. 6. The lands upon which the Work is to be performed, right-of-ways and easements for access thereto and other lands designated for use by CONTRACTOR in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by CONTRACTOR. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by OWNER unless otherwise provided in the Contract Documents. 7. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. IE. Interpretations and Addenda All questions about the meaning or intent of the Contract Documents are to be directed to ENGINEER. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by ENGINEER as having received the Bidding Documents. Questions received less than five 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 clarifications will be without legal effect, whether by ENGINEER, or by any officer, agent, or employee of OWNER or ENGINEER, or any other person. 2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or ENGINEER. 3. No addenda shall be issued by the ENGINEER and OWNER within 3 business days of the bid opening date/time. F. Bid Security Each Bid must be accompanied by Bid security made payable to OWNER in an amount of five percent (5%) of the Bidder's maximum Bid price and in the form of a certified or bank check or a Bid Bond (on form attached, if a form is prescribed) issued by a surety, meeting the requirements of the General Conditions. The Bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within fifteen (15) days after the Notice of Award, OWNER may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until City of Paris, Texas 0021 16 Page 2 of 6 Instructions to Bidders 9/10/2020 the earlier of the seventh (7th) day after the Effective Date of the Agreement or the ninety-first (91St) day after the Bid opening. Bid security with Bids which are not competitive will be retained no more than seven (7) days after the Bid opening. In the event that Bid Security is in the form of a Bid Bond, it will not be physically returned to the Bidder, except on written request. G. Contract Time The number of days within which, or the dates by which, the Work is to be substantially completed and also completed and ready for final payment (the Contract Time) are set forth in the Bid Form and the Agreement. H. Liquidated Damages Provisions for liquidated damages, if any, are set forth in the Agreement. Substitute or "Or -Equal" Items The Contract, if awarded, will be on the basis of materials and equipment described in the drawings or specifications without consideration of possible substitute or "or - equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or -equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement. The procedure for submission of any such application by CONTRACTOR and consideration by ENGINEER is set forth in the General Conditions and may be supplemented in the Technical Specifications. Subcontractors, Suppliers and Others If the OWNER requests the identity of certain Subcontractors, Suppliers and other persons and organizations (including those who are to furnish the principal items of material and equipment) 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 Bid opening 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 required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, persons or organization, if requested by OWNER. If OWNER or ENGINEER after due investigation has reasonable objection to any proposed Subcontractor, Supplier, other persons 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 without an increase in Bid price. If 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. Any Subcontractors, Suppliers, other persons or organization listed and to whom OWNER or ENGINEER does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the Effective Date of the Agreement, as provided in Paragraph 6.06.6 of the General Conditions. 2. In contracts where the Contract Price is on the basis of Cost -of -the -Work Plus a Fee, the apparent Successful Bidder, prior to the Notice of Award, shall identify in writing to OWNER those portions of the Work that such Bidder proposes to subcontract and after the Notice of Award may only subcontract other portions of the Work with OWNER'S written consent. City of Paris, Texas 00 21 16 — Page 3 of 6 Instructions to Bidders 9/10/2020 3. No CONTRACTOR shall be required to employ any Subcontractor, Supplier, other persons or organization against whom CONTRACTOR has reasonable objection. K. Bid Form The Bid Form is included with the Bidding Documents; additional copies may be obtained from ENGINEER. 2. All blanks on the Bid Form must be completed in ink or by typewriter. 3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. 4. Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 5. All names must be typed or printed below the signature. 6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 7. The address and telephone number for communications regarding the Bid must be shown. Submission of Bids Bids shall be submitted at the time and place indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted) and name and address of the Bidder and accompanied by the Bid security and other required documents. 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" on the face of it. M. Modification and Withdrawal of Bids 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. 2. If, within twenty-four (24) hours after Bids are opened, any Bidder files a duly signed, written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid Security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents. N. Opening of Bids Bids will be opened and read aloud publicly. A tabulation of the Bids will be made available to Bidders after the opening of Bids. O. Bids to Remain Subject to Acceptance 1. All bids will remain subject to acceptance for ninety (90) days after the day of the Bid opening, but OWNER may, in its sole discretion, release any Bid and return the Bid Security prior to that date. City of Paris, Texas 00 21 16 — Page 4 of 6 Instructions to Bidders 9/10/2020 P. Award of Contract OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if 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 of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and correct sum thereof will be resolved in favor of the correct sum. In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 3. OWNER may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and 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 provided in the Supplementary Conditions. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 4. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to OWNER'S satisfaction within the prescribed time. 5. If the contract is to be awarded, it will be awarded to the lowest Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interests of the Project. 6. If the contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within ninety days after the day of the Bid opening. Q. Contract Security The Contract Documents set forth OWNER'S requirements as to performance and payment Bonds. When the Successful Bidder delivers the executed Agreement to OWNER, it must be accompanied by the required performance and payment Bonds. R. Signing of Agreement When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within thirty (30) days thereafter, OWNER shall deliver one (1) fully signed counterpart to CONTRACTOR. S. Pre-bid Conference See Specification Section 00 01 20 for pre-bid conference details. City of Paris, Texas 0021 16 Page 5 of 6 Instructions to Bidders 9/10/2020 T. Power ofAttorney –Bonds Attorneys -in -fact, who sign Bid Bonds. Performance Bonds, orPayment Bonds, must file with each bond, acertified and effective dated copy oftheir . U. Retainage From each partial payment made to the CONTRACTOR, anamount equal to ten (10) percent will be retained until after the completion of the Work to the Satisfaction of the ENGINEER. If any legal action is filed upon the bid, performance or payment bondo, or upon the Contract itself, venue shall lie in the County in which the project site is located. AZ rplrol�—�o Qty ofParis, Texas 0021 1G–Page Gof8 Instructions mBidders SECTION 00 41 0 M, PROJECT IDENTIFICATION: 645 Johnson Woods Drive Channel Bank Stabilization THIS BID IS SUBMITTED TO: City of Paris, Texas The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in Accordance with the other terms and conditions of the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including, without limitation, those dealing with the disposition of Bid security. 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 the Bonds and other documents required by the Bidding Requirements within fifteen (15) days after the date of OWNER'S Notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda, receipt of all which is hereby acknowledged: Number Date (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. (c) BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work as BIDDER considers necessary for the performance or furnishing the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by BIDDER for such purposes. (d) 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 any and all Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work at the City of Paris, Texas 0041 00 Page 1 of 5 Bid 9/10/2020 Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.04 of the General Conditions. (e) BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. (f) 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. (g) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. BIDDER will complete the Work for the following price(s): City of Paris, Texas 00 41 00 -•w Page 2 of 5 Bid 9/10/2020 LENIT E SCHIEFIDUI 1E ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,., m,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, . ...................................................... 4� City of Paris, Texas 00 41 00 Page 3 of 5 Bid 9/10/2020 �m AP O `,� AIT�PRICE '00ENSION. Il'T' ,� ATE DESCRIPTIONAN[)'UNITPRICEIN`WORDS 11N1T��(FIGUfiES % (IGURE j� MOBILIZATION 1 ....................................................................DOLLARS LS 1 $ $ AND.............................................................. CENTS. BARRICADES, SIGNS AND TRAFFIC HANDLING 3 ....................................................................DOLLARS LS 1 $ $ AND..............................................................CENTS. REMOVE AND DISPOSE OF EXISTING CONCRETE BAG WALL (19 LF) 4 $ $ ....................................................................DOLLARS LS AND..............................................................CENTS. PROVIDE AND INSTALL GABION BASKETS, STONE, GEOTEXTILE FABRIC, AND ASSOCIATED WORK 5 ....................................................................DOLLARS CY 80 $ $ AND..............................................................CENTS. EROSION CONTROL (ROCK CHECK DAM) 6 ...................................................................DOLLARS LS 1 $ $ AND..............................................................CENTS. MODIFICATION OF BACKYARD DRAIN PIPES 7 ....................................................................DOLLARS EA 2 $ $ AND..............................................................CENTS. REPAIR, REGRADING, AND SODDING OF TEMPORARY CONSTRUCTION ACCESS EASEMENT TO PRE—PROJECT CONDITIONS 8 ....................................................................DOLLARS LS 1 $ $ AND.............................................................. CENTS. TOTAL BASE BID ITEMS e $ City of Paris, Texas 00 41 00 Page 3 of 5 Bid 9/10/2020 TOTAL BIT AMOUNTS The contract will be awarded from the base bid and/or any combination of alternate bids, as deemed appropriate by the City of Paris. : R (USE WORDS) (FIGURES) 4. BIDDER agrees that the Work will be substantially completed and ready for final payment within 90 after the date when the Contract Time commences to run, as provided in the General Conditions. BIDDER accepts the provisions of the Agreement as to $200 per calendar day liquidated damages in the event of failure to complete the Work on time. 5. The following documents are attached to and made a condition of this BID: (a) Required Bid Security in the form of 6. Communications concerning this Bid shall be addressed to the address of BIDDER indicated below. 7. The terms in this Bid, which are defined in the General Conditions of the Construction Contract, included as part of the Contract Documents have the meanings assigned to them in the General Conditions. SUBMITTEDon....................................................................................................... —,20 ............................................................................ Of the above total the Base Bid, $ is for materials actually incorporated in the Work, and $ is for all other costs. City of Paris, Texas 0041 00 Page 4 of 5 Bid 9/10/2020 112.1I0107xm"] (Individual's Printed Name and Signature) doing business as Business Address: Phone Number: A Partnership: By (Seal) (Name of Firm) (General Partner's Printed Name and Signature) Business Address: Phone Number: A Corporation: Name of Corporation: State of Incorporation: By (Printed Name of Person Authorized to Sign and Signature) (Title) Attest: , (Corporate Seal) (Printed Name and Signature of Secretary) Business Address: Phone Number: JointVenture: Y (Printed Name and Signature) Address: Phone: By (Printed Name and Signature) Address: Phone: (Each joint venture must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.) City of Paris, Texas 00 41 00 — Page 5 of 5 Bid 9/10/2020 SECTION 00 42 23 KNOW ALL MEN BY THESE PRESENTS, that we the undersigned, as PRINCIPAL, and , as SURETY are held and firmly bound unto,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, hereinafter called the "Owner", in the penal sum of Dollars, ($ ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the Accompanying Bid, dated , for NOW, THEREFORE, if the Principal shall not withdraw said Bid within the period specified therein after the opening of the same, or, if no period be specified, within thirty (30) days after the said opening, and shall within the period specified therefor, or if no period be specified, within ten (10) days after the prescribed forms are presented to him for signature, enter into a written contract with the Owner in accordance with the Bid as accepted, and give bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such contract; or in the event of the withdrawal of said Bid within the period specified, or the failure to enter into such Contract and give such bond within the time specified, if the Principal shall pay the Owner the difference between the amount specified in said Bid and the amount for which the local Public Agency may procure the required work or supplies or both, if the latter be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. IN WITNESS THEREOF, the above -bounded parties have executed this instrument under their several seals this day of.............................................................. ......................................... ..................................... .. thE� name and corporate seal of each corporate party being hereto affixed and these present signed by its undersigned representative, pursuant to authority of its governing body. (SEAL) (SEAL) Attest: By: Affix Corporate Seal Attest: By: Affix Corporate Seal Attest: By: Countersigned E * Attorney -in -Fact, State of City of Paris, Texas 00 42 23 Page 1 of 2 Bid Bond 9/10/2020 1, , certify that I am the Secretary #f the Corporation named as Principal in the within bond; that who signed the said bond on behalf of the Principal was then of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed, and ?ttested to, for and in behalf of said corporation by authority of this governing body, Title: ° eyfor person signing for surety company must beattached hobond. City ofParis, Texas 0042 23—Page 2 of 2 Bid Bond SECTION 00 45 16 STATEMENT OF BIDDER'S QUALIFICATIONS ("'1"o be submitted by the BIDDER ONLY upon the request of the OWNER) To allow the OWNER to determine the lowest responsible BIDDER, the following information shall be provided. Attach separate sheets as needed. 1. Name of BIDDER. 2. Type of organization, i.e., corporation, sole proprietor, partnership, etc. 3. Permanent main office address. 4. When organized. 5. If a corporation, where incorporated. 6. State how many years have you been engaged in the contracting business under your present firm or trade name, and give all other names under which your organization has operated in the last 10 years. 7. State the name of all corporate officers, or partners, or the owners, as appropriate. 8. State the company tax identification number, or, if a sole proprietor, the proprietor's social security number. 9. Contracts on hand: (Schedule these, showing amount of each contract and the appropriate dates and current percent of completion). Provide name, address, and telephone number of the project owner and the engineer. 10. General character of work performed by your company. 11. Have you ever failed to complete any work awarded to you? 12. Have you ever defaulted on a contract? If yes, state where and why. 13. List your important projects recently completed by your company, and for whom, stating the approximate cost for each, and the month and year completed. Provide name, address, and telephone number of the project owner and engineer. 14. List your major equipment available for this contract. 15. Experience in construction work similar in importance to this project. 16. Background and experience of the principal members of your organization, including the officers and the proposed Project Superintendent. 17. Credit available. 18. Give three credit references, one of which must be a financial institution. 19. State the name and address of each of your Workmen's Compensation insurance carriers for the last 5 years. 20. List each claim made against you by your employees or third parties for personal injury, death, or property damage in each of the last 3 years. 21. List any and all litigation including arbitration, administrative proceedings, and mediation in which you have been a plaintiff or defendant involving any owner, architect or engineer over the past 5 years. This list should be in sufficient detail to explain the positions of the various parties and the ultimate outcome as to the damages awarded (if any). This list shall be considered material as respects the final awarding of any contract connected with the bid. (State "none" or submit information on attached sheet). City of Paris, Texas 00 45 16 — Page 1 of 2 Statement of Bidders Qualifications 9/10/2020 22. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the OWNER in verification of the recitals comprising this Statement of Bidder's Qualifications. Dated at this day of_.,.2 0 .......... ..... ..... ............................. 11110IIIIIIIA&O7 (name) 1. Of Name of Bidder By�: Title: being duly sworn, deposes and says that he is and that the answers to the foregoing questions (title) (company) and all statements therein contained are true and correct. Subscribed and sworn to before me this dayof ......................................................... .................... 2015. Notary Public My commission expires:. ............... _ City of Paris, Texas 00 45 16 - Page 2 of 2 Statement of Bidders Qualifications 9110/2020 Date: 1111l, 1111, 1131 KI I'll, 111111, 11 JJIIIIJJ� 1111 11111 Il Owner: City of Paris •-, Bidder's Address: PriceThe Contract of your• Dollars 3 copies of the proposed Contract Documents (except Drawings) accompany this Notice of Award. You must comply with the following conditions precedent within [15] days of the date you receive this Notice of Award. 1. Deliver to the Owner three [3] fully executed counterparts of the Contract Documents. 2. Deliver with the executed Contract Documents the Contract security [Bonds] as specified in the Instructions to Bidders (Article 20), General Conditions (Paragraph 5.01), and Supplementary Conditions (Paragraph SC -13.07). Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited. Within ten days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Contract Documents. Owner By: Authorized Signature Title Copy to Engineer City of Paris, Texas Page 1 of 1 Notice of Award 9/10/2020 SECTIIOIm 00 52 23 THIS AGREEMENT is dated as of the _ day of in the year 2020, by and between the City of Paris, Texas, a home rule municipal corporation located at 135 1st Street SE, Paris, TX 75460 (hereinafter called CITY) and heire6rnafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work project is generally described as follows: The project includes approximately 48 linear feet of rock gabion baskets, complete and in place, along the western channel bank behind 645 Johnson Woods Drive as shown on the plans. Article 2. ENGINEER The Project has been developed by the City of Paris Public Works and Engineering team who is hereinafter called ENGINEER or CITY'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME 3.1 The Work will be substantially completed and ready for final payment within 90 days from the effective date of this Agreement or from the date of the Notice to Proceed, whichever is later. 3.2 Liquidated Damages. CITY and CONTRACTOR recognize that time is of the essence of this Agreement and that CITY will suffer financial loss if the Work is not completed within the times specified above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by CITY if the Work is not completed on time. Accordingly, instead of requiring any such proof, CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay CITY $200 for each calendar day that expires after the time specified. Article 4. CONTRACT PRICE CITY shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds as follows: At the unit prices shown on the Unit Price Bid Schedule included in the Contract Documents. Article 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with the General Conditions. Applications for Payment will be processed by ENGINEER, as provided in the General Conditions. The OWNER shall retain 10% of the amount of each payment until final completion and acceptance of all Work covered by the Contract Documents. When the Work is substantially complete, the retained amount may be reduced to 2.5%, at the OWNER's discretion. City of Paris, Texas 00 52 23 -•- Page 1 of 5 Agreement 9/10/2020 Airticle 6. INTEREST If the contract amount of this contract is less than $400,000, no interest will be paid to the CONTRACTOR on retained money. When the contract amount exceeds $400,000, no interest will be paid unless required by law. Article 7. CONTRACTOR'S EFS ESE TATI NS In order to induce CITY to enter into this Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has familiarized himself 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. 7.2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions, if any, which are contained or identified in the Contract Documents, and accepts the determination set forth in the Contract Documents 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 referred to above, which pertain to the subsurface or physical conditions at or contiguous to the site, or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are, or will be, required by CONTRACTOR for such purposes. 7.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of all Underground Facilities, whether indicated in the Contract Documents, or not. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are, or will be, required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. 7.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 7.7 CONTRACTOR has reviewed and fully agrees to the limitation of liability provisions included in the Supplementary Conditions. 7.8 CONTRACTOR certifies that they are eligible to be awarded government contracts. CONTRACTOR also certifies that any agreement entered into with a subcontractor will contain a clause stating that the subcontractor is eligible to be awarded government contracts. Article The Contract Documents, which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work, consist of the following: City of Paris, Texas 00 52 23 — Page 2 of 5 Agreement 9/10/2020 8.1 This Agreement. 8.2 Bid and Bid Schedule, Advertisement, and Information or Instructions to Bidders. 8.3 Performance and Payment Bonds. 8.4 Notice of Award and Notice to Proceed. 8.5 General Conditions and modifications thereto, if any, such are included. 8.6 Supplemental Conditions. 8.7 Technical Specification prepared or issued by Hayter Engineering, Inc. Dated: September 10,2020 8.8 Drawings, consisting of sheets numbered 1 through 4, bearing the following title: 645 JOHNSON WOODS DRIVE CHANNEL BANK STABILIZATION. 8.9 Addenda, numbered through , included in the Appendix of the Contract Documents. 8.10 Documentation submitted by CONTRACTOR prior to Notice of Award, identified as 10% Bid Bond. 8.11 The following, which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All written Amendments, change orders, and other documents amending, modifying, or supplementing the Contract Documents pursuant to the General Conditions. There are no contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented, as provided in the General Conditions. Article . INSURANCE AND INDEMNIFICATION That CONTRACTOR must, at all times during the term of this Agreement, keep and maintain in full force and effect a policy or policies of insurance, providing at least $250,000.00 per person and $500,000.00 for any single occurrence for bodily injury or death and $100,000.00 for any single occurrence for injury to or destruction of property, indemnifying all persons for any and all damages, personal injuries, or property damages sustained as the result of the negligence of CONTRACTOR, its agents, servants, or employees, and shall pay all premiums due thereon when due. It is expressly provided that such insurance policy or policies shall and must be written and issued by a reputable insurance company or companies in sound financial condition and authorized to write commercial insurance policies in Texas by the State of Texas. The CITY, its elected officials, officers and employees shall be listed on said insurance policies as an Additional Insured and fully covered as an Additional Insured throughout the term of this Agreement and through all warranty periods provided herein, and shall deliver a copy of any such policies to the City Clerk of the City of Paris, 150 1st Street S.E., Paris, Texas 75460, or furnish to said City Clerk a current letter or certificate from such company or companies, evidencing the fact that such insurance is in full force and effect at all times during this Agreement, and any extensions hereof, and specifically noting thereon that CITY is an additional insured while CONTRACTOR is on property owned by CITY. All such policies shall be written so that the CITY will be notified of cancellation or of any restrictive amendment of the policies at least thirty (30) days prior to the effective date of such cancellation or amendment. Notice shall be by certified mail, return receipt requested, addressed to the CITY at the following address: City Clerk, City of Paris, P. O. Box 9037, Paris, Texas 75461-9037. THE CONTRACTOR AND HIS SURETIES SHALL INDEMNIFY, DEFEND AND SAVE HARMLESS THE OWNER AND ALL OF ITS OFFICERS, AGENTS AND EMPLOYEES FROM ALL SUITS, ACTIONS OR CLAIMS OF ANY CHARACTER, NAME AND DESCRIPTION BROUGHT FOR OR ON ACCOUNT OF ANY INJURIES OR DAMAGES RECEIVED OR SUSTAINED BY ANY PERSON, PERSONS OR PROPERTY ON ACCOUNT OF THE OPERATIONS OF THE CONTRACTOR, HIS AGENTS, EMPLOYEES OR SUBCONTRACTORS; OR ON ACCOUNT OF ANY NEGLIGENT ACT City of Paris, Texas 00 52 23 — Page 3 of 5 Agreement 9/10/2020 Article 10. MISCELLANEOUS 10.1 Terms used in the Agreement, which are defined in Article 1 of the General Conditions, will have the meanings indicated in the General Conditions. 10.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies 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 duty or responsibility under the Contract Documents. 10.3 CITY and CONTRACTOR each binds himself, its partners, successors, assign, and legal representatives to the other party hereto, its partners, successors, assign and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. Article 1. NOTICE Any notice required by this Agreement shall be in writing and may be delivered in person or by certified mail, return receipt requested addressed accordingly: CITY CONTRACTOR City Manager City of Paris P. O. Box 9037 Paris, TX 75460 With an additional copy to: City Clerk City of Paris P. O. Box 9307 Paris, TX 75460 Article 12. NON -WAIVER No waiver of the either party's rights under this Agreement shall be deemed to have been made unless expressed in writing and signed by an authorized representative of that Party. Article 13. SEVERABILITY City of Paris, Texas 005223 Page 4 of 5 Agreement 9/10/2020 The provisions ofthis Agreement are severable, and if any provision nrpart mf this Agreement mthe application thereof toany parson or circumstance shall ever be held by any court ofcompetent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement shall not beaffected thereby. The parties agree that the laws of the State of Texas shall govern this Agreement, and that all aspects of this Agreement are performable in Lamar County, Texas. Exclusive venue for any claim or lawsuit arising out of or related to this Agreement shall lie in Lamar County, Texas. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in multiple copies. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will beeffective on 20 OWNER: CONTRACTOR: City ofParis By'- By: Title: Title: (Corporate Seal) (Corporate Seal) Attest: Attest: City vfParis, Toxav OO5223—Page Buf5 Agreement SECTION 00 55 00 NOTICE TO PROCEED Project: West Sherman Street Sewer Replacement Owner: City of Paris Bidder: Bidder's Address: You are notified that the Contract Times under the above Contract will commence to run on . On or before that date, you are to start performing your obligations under the Contract Documents. In accordance with Article 4 of the Agreement, the date of Substantial Completion is , and the date of readiness for final payment is [(or) the number of days to achieve Substantial Completion is , and the number of days to achieve readiness for final payment is �. Before you may start any Work at the Site, the General Conditions specifies that you and Owner must each deliver to the other (with copies to Engineer and other identified additional insureds and loss payees) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents. Also, before you may start any Work at the Site, you must: [add other requirements]. Owner Given by: .......... ....................... _......... _................................................................................. Authodzed Signature ......................_.............................................................................................................` Title .......................................... Date Copy to Engineer City of Paris, Texas 00 55 00 — Page 1 of 1 Notice to Proceed 9/10/2020 SECTION 00 61 1113 PERFORMANCE BON STATE OF TEXAS § § KNOW ALL COUNTY OF LAMAR § That hereinafter called "Principal," arid , a corporation organized and existing under the laws of the State of and fully licensed to transact business in the State of Texas, hereinafter called "Surety," are held and firmly bound unto the CITY OF PARIS, TEXAS a home -rule municipal corporation, hereinafter called "Beneficiary," in the penal sum of DOLLARS ($ ) plus fifteen percent (15%) of the stated penal sum as an additional sum of money representing additional court expenses, attorney's fees, and liquidated damages arising out of or connected with the below identified Contract in lawful money of the United States, to be paid in Lamar County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain written Contract with the Beneficiary, dated the day of A.D. which is made a part hereof by reference, for the construction of certain public improvements that are generally described as follows: NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the plans, specifications and contract documents during the original term thereof and any extension thereof which may be granted by the Beneficiary, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by Beneficiary; and, if the Principal shall fully indemnify and save harmless the Beneficiary from all costs and damages which Beneficiary may suffer by reason of failure to so perform herein and shall fully reimburse and repay Beneficiary all outlay and expense which the Beneficiary may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Lamar County, Texas. PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the Specifications accompanying the same shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work or to the Specifications. City of Paris, Texas 00 61 13.13 — Page 1 of 3 Performance Bond 9/10/2020 This Bond is given pursuant to the provisions of V.T.C.A., Government Code Section 2253.001, et seq., and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Lamar County Texas to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Insurance Code Article 7.19-1. IN WITNESS WHEREOF, this instrument is executed in copies, each one of which shall be deemed an original, this, the,,,_,, . day of ....... ........ 1 —1 PRINCIPAL: . . .............................. . ................... Address . ................. ................ . ................................... ........................................................... ........................ ................................. Tel. No. -1 ... . .............................................. ATTEST: BY: 1111111111 ATTEST: BY: City of Paris, Texas 00 61 13.13 – Page 2 of 3 Performance Bond 9/10/2020 I III !1I IlIIIIIIIIIIIIIIII Ijr::� 11111111111 IF 1111 1 11111 1111111111 1 !�111 11!11111111111 1;11 !1 .r -or additional information on the above named Surety company you may contact the Texas -O,epartment of Insurance at (800) 578-4677. MOTH WINNOWS City ofPads, Texas 0061 1313 --- Page 3of3 pononnanvoBvno 101107 V11 STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR § That ........ hereinafter called "Principal," and a corporation organized and existing under the laws of the State of and fully licensed to transact business in the State of Texas, hereinafter "Surety," are held and firmly bound unto the CITY OF PARIS, TEXAS, a home -rule municipal corporation, hereinafter called 'Beneficiary," and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon the building or improvements described below, in the penal sum of DOLLARS ($ ) in lawful money of the United States, to be paid in Lamar County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain written Contract with the Beneficiary, dated the day of , A.D. which is made a part hereof by reference, for the construction of certain public improvements that are generally described as follows: NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modification to the Surety is hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Lamar County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to Contract, or to the Work performed thereunder, or the Plans, Specifications, Drawings, etc., accompanying the same, shall in anyway affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. This Bond is given pursuant to the provisions of V.T.C.A., Government Code Section 2253.001, et seq., and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in ..... County, Texas to whom any requisite notices may be delivered City of Paris, Texas 00 61 13.16 — Page 1 of 3 Payment Bond 9/10/2020 and on whom service of process may be had in matters arising out of such suretyship, as provided by V.A.T.S., Insurance Code Article 7.19-1. IN WITNESS WHEREOF, this instrument is executed in counterparts, each one of which shall be deemed an original, this the . ..................................................... _.,,._day of � . . ......................................................................... ' -- PRINCIPAL: U474 =- ATTEST: BY: TITLE:— Tel. No.— ATTEST: BY: "YM City of Paris, Texas 00 61 13.16 .- Page 2 of 3 Payment Bond 9/10/2020 -MM- VINTIOM MEN 1-1M# iii 1 40 0 CITY, STATE, ZIP: For additional information on the above named Surety company you may contact the Texas Department of Insurance at (800)578-4677. MGM M W.1-MMODINGRE City ofParis, Texas 0061 1318—Page 3of3 Payment Bund PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATI ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING - COVE GE NAIL# --------------- _INSURED INSURER A; +----------- INSURER, ----------- — INSURER G: INSURER D: -- -------- — — — — -------- INSURERE: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHFANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLU IONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _0991f ZINK -------------------- POLICYEFFECTIVE T—OCOVER-PIRATION POLICYNUMBER LIMITS GENERALLIABILITY EA U E COMMERCIAL GENERAL LIABILITY PREM Be ac=er MADE E] CCCUR MEDEX one 1) $ .1 _ ----,$ -DCLAIMS PERS NAL INJURY Z000 GGREGATE $ GEN'LAGGREGA UMITAPPLIESPER: CTS-COMPIOPAGG 3 POLICY PRO L ALTO PAUELIABILITY COMBINED SINGLE LIMIT 1,000,000 ANY AUTO (Eaaocdent) ALL OYMED AUTOS BODILYkNJURY $ SCHEDULEDAUTOS (Per pemon) HIREDAUTOS BODILY INJURY NON-O.NEDAUTOS (Pwacddent) — - — — ---------------- PROPERTY DAMAGE $ (dent) "GA GELIABILITY AUTO ONLY_- EA-ACCIDENT S ANY AUTO OTHERIMAN �ACC AUTO ONLY: AGG ----------- EXCESSfUNISRELLA TV EACH OCCUR SMADE AGGREGATE $ $ — ------ DEDUCTIBLE $ — ------- RETENTION S S C STATU- OTH. STA =R M_ WORKERS COMPENSATION AND I EMPLOYERS'UABILITY El EACHACCIDENT 6 ANY PROPRIETORIPARrNER/EXECUTWE 0 OFFICE' NEMBER EXCLUDED? E L. DISEASE-EA EMPLOYEE 5 E.�M SPE56KL P ISIONSWow DISEASE - POLICY LIMIT $ OW E.L.er SE S P LIC MIT $ _6THER amoon o store matena s Installation Floater on-site) Builders Risk (if applicable) (amount of contract) DESCRIPTION OF OPERATIONS I LOCA VIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT f SPECIAL PROVISIONS Owners name Project name Project number CERTIFICATE HOLDER CANCELLATION wne s ame SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Engineer's Narne DATE THEREOF, THE ISSUING INSURER VALL ENDEAVOR TO MAIL __10_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT„ BUT FAILURE TO 00 SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR —REPRESENTATIVES. AUTHORIZED REPRESENTATWE ---------------------------- - - - ACORD 25 (2001108) Q ACORD CORPORATION 1900 SECTION 00 63 63 U,,,1ANGIE Oi it iE,F1 s. . Change Order No., The Contract Documents are modified as foliows upon execution of this Chan a Ordere Description: CHANGE IN CONTRACT PRICE: CHANGE Original Contract Price: ChangeOrders No.to No. $ Contract Price prior to this Change Order: [Increase] [Decrease] of this Change Order: $ Contract Price incorporating this Change Order: Original Contract Times: Substantial completion days: Substantial completion date: [Increase] [Decrease] fr• previously approved Change • .- • to MEMMU 0 • - 1. •. • •is• — • •. Contract Times prior to this Change Order: Substantial completion days: Substantial completion date: [Increase] [Decrease] of this Change Order: Substantial completion days: Substantial completion date: Contract Times with all approved Change Orders: Substantial completion days: ........... Substantial completion date: City of Paris, Texas 00 63 63 -- 1 of 2 Change Order 9/10/2020 R11::::iCOM MEIN 11'. .' )ED: ACCElF)TIE1I'..'):: By� .......... ......................................................... . By:: By: Engineer (Authorized Signature) Owner (Authorized Signature) Contractor (Authorized )ate'. Date: ................................ Date: State of County of .............. City of Paris, Texas 00 63 63 Page 2 of 2 Change Order 9/10/2020 SlEcTiON 00 65 19 The undersigned, having received payment in full for all labor, materials, supplies, or equipment supplied to (CONTRACTOR), or to any subcontractor, for the construction of the project referred to as located in I Texas (Project Number .......................... . ..... ), does hereby release and waive any and all claims, liens, and lien rights, of any kind, nature, or description whatsoever, against said project and the Owner thereof, and against said CONTRACTOR. (Name of Supplier, Subcontractor, Etc.) By: Date: Work or Material: Amount: $ Subscribed and sworn to me this.---- day of ---- — 1 20__-, Notary My commission expires: City of Paris, Texas 00 65 19 •-_, Page 1 of 1 Release by Subcontractors and Suppliers 9/10/2020 SECTION 00 65 19.19 COMPANYCONSENT OF SURETY TO FINAL PAYMENT CONTRACTOR: In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (here insert name and address of Surety Company) on Bond of (here insert name and address of Contractor , SURETY COMPANY, CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contract, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to (here insert name of Owner) , OWNER, as set for in the said Surety Company's Bond No. , dated IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this (SEAL) day of Surety Company Signature of Authorized Representative Title City of Paris, Texas 00 65 19.19 Page 1 of 1 Consent of Surety Company to Final Payment 9/10/2020 BEFORE ME the undersigned authority, on this day personally appeared ("affiant") who, after being duly sworn, deposes and says that he is (title) of (company) of County, State of (the "Contractor"), which said Contractor was awarded the contract dated for • for total consideration of Dollars ($ The balance due is Dollars to be •. • tj affidavit.("Contractor") and the affiant has full power and authority to make this amountthe of Dollars and/orAND FINAL PAYMENT under the aforementioned Contract, and hereby waives and releases any right Affiant - Contractor may have to• of against the ! - g out of or manner connected performance of •rk and/or the Contract,• • but not limited to claims of third parties that supplied material and/or labor for the Work for or through the Contractor ("Subcontractors"), as well as claims for delay, additional compensation or for recovery of liquidated damages which may have been withheld by the Owner. The Contractor shall defend, hold harmless and indemnify the Owner from any such claims of such Subcontractors. The Contractor further releases the Owner from any claim or liability arising from or .• of Owner related to or • -• with the Contract. This affidavit,given pursuant to the final payment provisions of • and shall notbe deemed to alter or ••ify the terms . • provisions of • Contract. Name of Company Printed Name and Title SUBSCRIBED AND •- TO BEFOREDAY •.. City of Paris, Texas 00 65 19.26 --• Page 1 of 1 Contractor's Affidavit of Final Payment and Release 9/10/2020 SEcriON 00 72 00 This doc%anbriubas importam legal cOuNquenceS; V=WthflOn with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular drounstancesof the contemplated Project and the CMilroffing Law. ENGINEERS JOINT COMMACT DOCUMNTS COMMME and 0, Issued and Published Jointly By 0 mational Society of AWEM ,011 P=0441 Professional !!,2 �neem AMERICAN CONSULTING PhWk PrACON AMERICAN SOCIETY OF CIVIL ENGINEERS ENGINEERS couNCIL a practke division of ft zm�+ This document has been approved and endorsed by The Associated General Contractors of America Construction p- r4 Institute plim (1996 Editions). Tbeir proons are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC User's Guide (No. 1910-50). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910-17) (1996 Wtion), National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Consulting Engineers Council 1015 15th Street N.W., Washington, DC 20005 American Society of Civil Engineers 345 East 47th Street, New York, NY 10017 007200-2 TABLE OF CONTENTS Paw ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 00700-5 007 00-6 101 Defined Terms - 00700-6 102 Terminology - 00700 7 ARTICLF 2 - PRELIMINARY MATTERS 00700-7 201 Delivery afBonds 00700-7 2 02 Copies ofDocuments .. 00700-7 203 Commencement of Contract Times. Notice to Proceed 2,04 If .... Starling the Work 00700-7 00700-7 2.05 Before Starting Construction 0070D-7 2,06 PreconstructionConference,.. -. 00700-7 Initial207 Acceptancef 00700-7 ARTICLE 3 - CONTRACTDOCMiENTS IN ENT, AMENDING, REUS E . , .. . " 00700-7 301 intent .. . , . ... » . ,, .. , _ 00700-7 3.02 Reference Standards .... . ..... 00700-9 3.03 Reporting and Resolving Discrepancies .. . . . .. ...... . .. .. . , , , _, 00700-8 3.04 Amending and Supplementing Contract Documents . , .. 00700 8 3.05 Reuse v Documents AR'T'ICLE 4 - AV,UI.ABU,ITY NDITI CAL CONDITIONS, OF LANDS, SUBSURFACE ONS, AND E A 0070A - 8 REFERENCE POINTS .. . . , . ' �, . > .. 00700 - 8 4.01 Availability ofLandr .. . " .. , .. .. _ . , . , , . . 00700-8 4.02 Subsurface and Physical Conditions . 00700 - 8 403 Differing Subsurface or Physical Conditions ... 00700-9 4.04 Underground Facilities 00700-9 4.05 Reference Points , . .. 00700-9 4.06 Hazardous Environmental Condition at Site ... 00700-10 ARTICLE 5 - BONDS AND INSURANCE .... ... _ . .. .... _ ��, 00700-10 501 Performance, Payment, and Other Bonds :. .... , , .. , .. .. . 00700-10 5.02 Licensed Sureties and Insurers . . .. 00700-10 5.03 Certificates oflnsurance ..... ... .. ... .. _ 00700-10 5 04 CONRACTOR'sLiability Insurance .. -11 5.05 OWNPR's Liability Insurance , . .00700 �. 00700-11 5.06 Property Insurance ......... ,..--...M. ,...,...":..,.. .... ,. .. .. 00700 -11 5,07 Waiver a iii hts . " . • .. . » . 00700-12 508 Receipt and Application of insurance Proceeds ... 00700-12 509 Acceptance ofBands and Insurance. Option to Replace ..... 00700-12 5 10 Partial Utilization, Acknowledgment ofProperry Insurer ... , . , . ARTICLE 6 - CONTRACTOR'S RFSPONSIAILITIF,S ....... .................00700-12 00700-12 6,01 Supervision and Superintendence .. .. .. .. 00700-12 6.02 Labor: WorltingHours .. _ 00700-12 6.03 Services, Matenals, and Equipment . - . ............ u , < ...... .. 00700-12 6,04 Progress Schedule .... ... • "Or 00700-12 6-05 Substitutes and -Equals" . 606 Concerning Subcontractors, Suppliers, andOthe rs. .. . ... " ..... .,. .........00700-13 00700 - i 3 6.07 Patent Fees andRoyalties , .. " . • -00700-14 6.08 Permits ...... , ........ 00700-14 609 Laws and Regulations": ...... .. ....... ........ .......,....... 00700 - 1 6,10 Tates .... _........................ ....... ,,.•.....•..... ..... 0070D-14 6.11 Use of Site and Other Areas....",. ,... ..... :........... .. .:.,.,.. ....... 00700-14 6.12 Record Documents , _ ...... .:..�., 00700 - 14 6.13 Safety and Protection .......... ...................... ... ........:. .......... .... ......, 00700-15 6,14 SafetyRepresentative .-,,.. ......,,......,......,.,,. ,............. ....:....... ..., 00700 -15 6.15 Hazard Communicahon Programs ...............................",..,. ...... ..,,.,. ..:.., 00700.15 6.16 Emergencies .., ........... ........"........- .:....,,...,.. - .•.... ........... 00700 -15 6.17 Shop Drawings and Somples ........... .......:.,,_ 00700-15 6.18 Continuing the Work ............... ......... :.... ........,....... .............,....-,.,......"... .,. ... 00700-16 6.19 CONTRACTOR's General Warranty and Guarantee ......... . ............ • • .... • • " . ' 00700 16 6.20 Indemnification .... ............. ............. ... .......,......... ,."...... ..,.._... ».,... -00700-16 ARTICLE 7- OTHER WORK .........,.,,.,.......,.:...,.......»......,:, „"........... .... ..... ....... ....:,- . 00700-16 7.01 Related Work at Site .......... , . . ........ ....... ... .. . .. ,, . .. 00700-16 7.02 Coordination ...... ................. ..".......,,..."..»..,..,:�:., .....,._......,, ....._ .,.. 00700 -17 ARTICLE 8 - OWNER'S RESPONSIBILITIES .. . , " , .... ...... ........ .. ... ... 00700-17 8.01 Communications to Contractor .... , . • , • • " • - • • - • . • 00700-17 8,02 Replacemen!ofWGiNEFR-.: .... ................:....,.,..,,,. .•.• -. 00700-17 8.03 Furnish Data ...... .... . , ..... ,. ":.,.., ,,..,....,..-...,..,....." .:.. 00700-17 8.04 Pay Prompdy When Due .. , .. .. • ,....... ..... Tests , .... , , ..: , .. , 00700-.17 8.05 Lands and Easements; Reports and . ...... 00700-17 8.06 Insurance - ....... ......... 8.07 Change Orders .......... • ...... .00700-17 00700.17 8.08 Inspection.; Tess, andA ProvaLt .. 00700-17 8.09 Limitations on OWNER's Respontibillihes .. ... • . , • , • , .. » .... • . • , " 00700 - 17 8,10 Undisclosed Hazardous Environmental Condition ....... , . " .... , , .. , - • - • - - • - 007200-3 8 1 I Evidence ofFinancialArrangements . 00700-17 00700-17 AR'P1Cl•8: 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 OWNER SRepresentative 00700-17 00700-17 9,02 Visits to Site 00700-17 9-03 Project Representative .. _ .. 00700-17 9.04 Clarrfrcations and Interpretations 00700 - 17 905 Authorized Variations in Work 00700-17 9.06 Rejecting Defective Work 00700-18 9.07 Shop Dravwngs, Change Orders and Payments 00700-18 908 Unit Work - - - aron 909 Contract Documents and � f Acceptabiluy of Work- .. Decisions Requirements or f .. 00700-18 910 Limitations on ENGINEERSs Authority and Responsibilities 00700 - 18 ARTICLF. 10 - CHANGES IN THE WORK; CLAIMS._ , .. 00700-18 10.01 Authonzed Changes to the Work 00700-18 00700.18 1002 Unauthorized Changes in the Rork 00700-18 1003 &ecution of Change Orders _ :. 00700.18 1004 Notification to Surety , . , . - - • . - - . 00700-18 PRICE WORK AR'17CLE 110 -COST OFTHE WORK,5 Claims aid iitesCASH ALLOWANCES, UNIT „ . „ 00700.19 1101 Cost of the Work , . 00700-19 1 102 Cash Allowances . , 00700-20 00700 - 20 1103 Unit Pnce Work „ ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES .. , , . , . , 00700-20 12-01 Change of Contract Price 00700 -20 00700-21 12.02 Change of Coniraci Times , • . - - - „ - 00700-21 12.03 Delays Beyond CONTRACTCR's Control, , „ - 12.04 Delays W dun CONTRACTOR's Control . , , , . , .. . . , . . , 00700-21 12.05 Delays Beyond 00WER •s and CONTRACTOR's Control . .. .... .00700-21 „ „ Y g „ 00700 -21 NCE REMOVAL CY1l ARTICLE 13-OTESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE DEFECTIVE WORK .... 00700 -21 13.01 Notice ofDefecis _ ..... 00700 - 21 13.02 Access to Work . , , , 00700-21 13.03 Tests and Inspections 00700-21 13.04 Uncovering Work 00700 -21 13.05 OWNER May Stop the Work . _ ... 13.06 Correction orRemoval of Defective Work . , , , .. - • • . • • • • - „ - 00700 -22 13.07 Correction Pertad 00700-22 13.08 Acceptance of Defective Work , .. „ .. 00700-22 13.09 OWNERlvlayCorreciDefectiveWork ARTICLE 14 -PAYMENTS TO CONTRACTOR AND COMPLETION ... .00700-22 14.01 Schedule of Values 00700-22 14.02 Progress Payments 14.03 CONYRACTOR's Warranty of Title . . _ ... 00700-23 14.04 Substantial Completion , , ..... , .. .. .. .. .......... . ... - . , 00700-23 14.05 Parnal Utihzanon 00700-24 00700 -24 1406 Final Inspection 00700 - 2d 14.07 Final Payment . , ... , .... 00700 -24 14.08 Final Completion Delayed .. , . , , • . .. ... . . . . ... . . ... _ .. . , ...... ..:..... , , • . ,::: 00700 -24 14.09 Waiver of0arms..........,.•„„............ :................ ... .................. ...... ........:..... ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION .... . .. ... . . ... •- • „ „ • • » „ ° ° ° „ ,00700-25 00700 - 25 15.01 OWNER May Suspend Work • . .. . .. . . ... .... .... . ... ... .. _„ . ... ..... ... 00700-25 15.02 OWNERMay Terminale for Cause .. .. - .. . , ..... .:. _ 00700-25 15.03 OWNER May Terminate For Convenience .......... . . ............. ....... , ... , , .. 00700-25 15.04 CONTRACTOR May Stop Work or Terminate ... .. • „ r • - - • • .. „ • . 00700-25 ARTICLE 16 -DISPUTE RESOLUTION ..... , . ... • • • • ...,.... 00700-25 16.01 Methods and Procedures . . .. ... . . .. . . . ... ' ... - ... , .. .... ...... 00700-25 ARTICLE 17 -MISCELLANEOUS , „ ........ , . , . , - ...... . ... . .. , .. , , 00700 - 25 17.01 Giving Notice................... ....... ...... .,,,.................. _....,.,....,... ............ ,..,....r 17.02 Computation ofTimes .......... „ . ... , ....... , ............ .. '00700-25 00700-25 17.03 Cumulanve Remedies ..,...••..........,.„....,............,,,................•.,.., 17.04 SurvtvalofObhgations............... ..,,:,....., ,..,•...., .. „.....,..00700-26 26 17.05 Controlling Law.... ........ �,,,...... ..,„........,....:....,.... ...:...,....... ... ........ ..•......00700 007200-4 GENERAI.., CONDITI(JINS 13. Contract Price --The moneys payable by OWAFR to AR141CLE I - DEFINITIONS AND TERMINOLOGY CONTRACTOR for completion of the Work in accordance with the Contract Downicrits as.Wed in the Agrcenient (subjtct to (he pro,. isions of paragraph 1[ 03 in the cue of Unt i Price Work) 101 DefinedTermz A Whenever used in the Contract Documents and printed with initial or -Az-& APA? xv -lei -A wqml 61Aes, -6m lizftf �Ajf'w 'A% -ve Ae 'S ixilw W�Ic% Exe applicable to both the singular and plural (hereof I Addenda --Written or graphic instruments issued prior to the opening ofi3t(Is winch clai%,, correct, or change The Bidding Requirements or the Contract Docurrieritq 2, Agreemert--The wrlitten instrument which is evidence of the agreement between OWNER and CONTRACTOR covering the Work 3 Applicatio,,for Payment--1he form acceptable to ENGINEER winch is to bc used by CONTRACTOR dunng the course ofthe Work in requesting progrm or final paymeas and which is to be accompanied by such supporting documentation as is required by the Contract Documents 4 Asbestos --Any material that contains more than one percent asbestos and is friable or is relcasini; asbestos fibers into (he air above current action levels established by the Ututed States Occupational Wety and Health Administration 5 Bid --The rrer or proposal of & bidder submitted on the prescribed if setting forth the prices for the Work to be performed 6, Bidding Documents --The Bidding Requirements and the propasnil Coatrad Documents (mluding all Addc;nda issued prior to receipt ofBids) 7, Bidding Requirernents-7be Advertisement or Invitation to Bid. Instructions to Didders, Bid security fiorm, ifany. and the Bid form with any supplements 8 Bondr-ftrformance and payment bonds and other instruments ofsecurity. 9 Change Oer--A document recommended by ENGINEER which is signed by CONTRACTOR and OWNER and authorizes an INA;, M11 I 10. Claim -A dwaand of assertion by OWNER or CONTRACTOR §, "iAo Nil I 11. Contract -The calve and intcgi-AW written agreement between the OWNER and CONTRACTOR concerning the Work, The Contract supersedes prior negofiations, representations. or agreements. whether written or oral. 12. Contract Documents --The Contract Documents establish the the Effective Date ofthe Agrearrient Approved Shop Drawings and the !"mggoiwik- are Contract Documents. Files in electronic media forinat of text data, graphics, and the like that. may be furnished by OVMER to CON'l RACTOR are not Contact Documents 14 Contract Times-Ahc number of days or the dates stated in the Agreement to (1) ;kcluevc Substantial Completion, and (hi) complete the Work so [hat it is ready for Imal payment as evidenced by ENGINEFR's written recommendation of final payment 15. C016RACIORZ17be individual or enliL) with whom OWNER has entered into the Agreement 16 Cost afthe Iflork--See paragraph I 10 1 A for definition 17 i�rawing "at pan of the ConLract Nocuments prepared AlFrive,i! �y ENQA,,ErR yap�wAlly L�e eV -Sit, jo character or the Work to be performed bv CONTRAC I OR Sha 000. tifthe two parties to sign and deliver 19. ENGINEER --`line individual or entity named as such in the Agreement - 20 ENGR&AR's Consulrant--Aft individual or entity having a contructwith ENGINEER to furnish sccs: as ENGINEER's independent professional associate or consultant with respect to the project 21 Freld Order --A written order issued by ENGINEER which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times _.'N.PW1WQ No% Lnf= 0 11 1 1 1 H W I il 0 ! A I W09010146W 11 ;"W"'' &UM NU .r%Z1xjtAr7N1h1La I —f !I If persons or property exVosed thereto in conneLdo" with the Work, 24. Hazardous Waste.-Tbe term Hazardous Waste shall have '11' fL --d Act (42 U 25. Laws and Regulations, Laws or Regulations Any and all TA29,-rZ7ffA;9i62'A, r1`ji35,_-wt% cifao. "I 1r11ej12 if?ny axd ail goveramentall 1ie% agencies, authoribies, and courts having junAction. 26, Dens-CharM security interests, or encumbrances upon Proji ect funds, real property, or personal property, 27. Milestone --A principal event specified in the Contract Documents relating to an intermediate cornpic-Uon dale or time prior to Substantial Completion ofall The Work. 28, Notice ofAvvrd-The written notice by OWNER to the appar4g] 29. Monce to Proceed --A writirn notice given by r C-11TRACT11,fi)ing the date on which the Contract Times Va •11 /viiti i. -moi mv'_,v�'M�ec r_41NW_kr_'r.j -9 S�Zll tax t& je-&-kic 177 Wa&, under the Contract Documents. E 30 OWNER 'lite individual, entity, public body, or authority with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be performed. 31 Partial Utilization --Use by OWNER of a substantially completed part ofthe Work for the purpose for which it is mtended (or a related purpose) prior to Substanlial Completion of all the Work 32 PCBs. -Polychlorinated biphenyls 33 Petroleam••Petroleum, including crude oil or any taction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Paliienhcrt and 14.7 pounds per square inch absolute), such as all, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other tion -Hazardous \Vastc and crude oils. 34. Project --'the total construction of which the Work to he performed under the Contract Documents may be the whole, or a part as may be indicated elsewhere in the Contract Documents izr .. rhe 36 Radioactive Material --Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 tJI& Section 2011 et seq.) as amended from time to time 37, Resident ProjectRepresenlalme•-The authorized representative of ENGINEER who may be assigned to the Site or any part thereof 38. Samples -.Physical examples of materials, equipment, or thatarc representative ofsome portion ofthe Work and which establish the standards try which such portion ofthe Work w111 be judged 39 Shop Drawings 411 drawings, diagrams, illustrations, schedules, and other data or information whtch etre specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACT OR to illustrate some portion ofthe Work. 40. Site --Lands or areas indicated in [lie Contrail Documents as being rumishcd by OWNER upon which the Work is to be performed, including rights-of-way and easements for amens thereto, and such other lands furnished by OWNER which are designated for the use of CONTRACTOR. 41. Specifications --That part ofthe Contract Documents consisting ofwntltn technical descriptions of malerials, equipment, systems, standards, and wurkmarsho as applied to the Work and certain administrative details applicable thereto. 42. Subcontractor—An individual or entity having a direct contract with CONTRACTOR or with arty, other Subcontractor for the performance of a part ofthe Work al the Site. 43. Substantial Completion—lite time at which the Work (or a specified pud thereof) has progressed to the point where, in the opinion of ENGINEER, to Work (or a specified part thereof) is su@icienlly complete, in aiocardanne with tie Contract Documents, so that the Work (or a specified part thereof) can be utilized for the putposcs for which it is intended. The leans "substantially complete" and "substantially completed" as applied to 0 or part of time Work refer to Substantial Completion thereof. 44. Supplementary Conditions—That pari of the Contract Documents which amends or supplements lbese General Conditions. 45. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direst contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor, 46. Underground Facilities --All underground pipelines; conduits, duos, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or otter communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems, 47 UartPnce Work --Work to be paid for on tie basis of unit prices 48 Mark --The entire completed construction or the various separately identifiable parts thereof required to be provided under the Contract Documents Work includes and is the result of performing or providing at labor, services, and documentation necessary to produce such coadruction, and furnishing, itesiAlhng, and incorporating all materials and equipment into such construction, all as required by the Contract Docu- ments 49 Work Change Directrve--A written statement to CONTRACTOR issued on or after the Effective Date ofthe Agreement and signed by OWNER and recommended by ENGINEER ordering an addition, deletion, or revision in the Work, or respondingto ditferingor unforeseen s ubs iface orphysical conditions under which the Work is to be performed or to erncrgencies. A Wait Change Directive will not change the Contract Price or the Contrail Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be krzirporaled in a r,ubsequentiv issued Change Order following negotiations by the patties w to its effect, ifany, on the Contract Price or Contract Times 50. Written Amendment -•A written statement modifying the Contrad Documents, �igncd by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally daaluig with the nonemgineering or nontechnical rather than strictly condn,ction-related aspects ofthe Contract Documents 102 Terminology A. Intent ofCerta,n Terms or Adjectives I , Wherever in the Contract Documents the terms "as all owed," "as approved," or terms of like effect or import are used, or the adjectives "reasonable," "suitable," "acceptable," "proper," 'satisfactory," or adjectives of like effect or import are used to describe an action or determination of ENGINEER as to the Work, it is intended that such action or dderminadon will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in LhL Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated m the Contract Documents (unless there is a spec statement indicating otherwise) The use of any such term or adjective shall not be effective to assign to F.NGI- NEER any duty or authority to supervise or direct the performance ofthe Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9. 10 or any other provision of the Contract Documents B. Day L, The word "day" shall constitute a calendar day of 24 hours measured from midnight to the next midnighL C Defective I , The word "defalive," when modifying the word "Work," refers to Work that is unsatisfidary. faulty, or deficient in that it docs not conform to the Contract Documents or does net meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER'S recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14 04 or 14.05). D, Furnish. Install, Perform, Provide 1. The word " Rirriish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, malmials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2- The word `install." when used in connection with services, materials, arequifirwat, shall mean to put into use or place in fuel position said serum, materials, or equipment complete and ready for intended use. 3. The words "perform' or "provide," when used in connection with services, malaials, or equipment, shall mean to furnish and instal said selviors, materials, or equipment complete and ready for intended use. 007200-6 4 When furruslj�" "install," "peorm," or '-provid,z" is not used tn connection with services, materials, or c�quiprrrent. in a context clearly requirutig an obligation ofCONTRAC I OR, "provide." is implied. F UnIms &uled otherwise in the Contract D1cuments. words or phi ascs 201 Delivery ofBonds A. When CONTRACTOR deh,.as The executed Agretments to OWNER, NeM MON. szmm�� A, OWNER shall firrimb to CONTRACTOR up to ten five copies of the Contract Documents Additional copies will be fitruished upon requestat the cost ofireproduction 203 trimmencernant of Confracl 7imes. Notice to Proceed OWN . =illl-Iopi NONNOWN t% }c" 204 Startnig the Work CONTRACTORkhastartto Perform The Work on the date when the ContraictTuires comincow to nut. No Work shall be done at the Site Prior U)-�k date an which the Contract Times commerce 10 run 1,' f,.., A. COV77RACTOR's Review of Contract Docmments,,' Before and all applicable ield measuremcnis. CONTRACTOR shall prompitly report B Preliminary Schedules: Within ten days Itilefthie EffedivI-Ditte0f the Agreement (on[= otherwise specified in the General Requirements), CONTRACTOR &1W submit to ENGMER for its timely review - 1, a preliminary progrcss scheilule Indicating the times (Dumber$ Of' days or dates) for starting and completing the various slages of the Work, incluI ing, any Milestones specified in the Contract Documents, I a preluninary schedule ofShop Drawing and Sample submittals which will list caeb required submittal and the times for submitting, reviewing, and proctssing such submiuma-, and 3 a preliminary schedule of values for all of ffic Work which includes quantities and prices ofitems; which when added together equal the Contract, Price and subdivides the Work into compontnt parts in suiticient dotaiii to servi: as the basis for progress payments during perfirrmanco of the Work. Such pnees wW include an appropriatearnountofoverhea profit applivable to earb item of WorL C, Evidenreaffrinerance: which CON'i RAC I ORis required to purchase and marritam, in accordance with Article 5 2,66 Preconstruchor? Conference A A 1,LU)".,truction conference will be arranged to t.%Iablj,;h a working undLYStAnding among 018 Pant"S as to the Work and to discuss the schedules referred to in paragrapK 2,05.8, procedures for handling Shop Drawings and other subrrultals, processing Applications for Payment, and nwintAuung required records if re �otred bOWNE ENGIN�EF R or CONI R ACTOR _ 267 Inp tial Acceptance of Schedules A Unless odmwlSir provided in the Contract Documents, at 'MA ten days before subraLion ofthe first Application for Payment a conference attended by CON`l`RACTOV4 ENGINEER, and others as appropnale will be held to review for acceptability to ENGINEER as provided beloA the schedules subtrutted in accordance with paragraph 2.01.8 CONTRACTOR shall have an additional tien days to make corrections and adjustments and to complete and resubmit the sdicclulm. No progress payment shall be made to CONTRACTOR until acceptable schedules are sub iced to ENGINEER - I The progress schedule will be acceptable to ENGINEER if it PT vides an orderly prrolgasion ofthe Work to completion within Any speci. ficd&lxlr-lones.LridtlieCoottractTLmes Such acceptance will not impose on ENGINEER responsibility for the progress schedule, for sequencing, scheduling, or progress of the Work nor intcrftwe with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor 2 CONTRACTOR's schedule of Shop Drawing and Sample submittals will be acceptable to ENGINEER if it provides a workable arrangement for I EVILWMg and processing the required subirrill.als 3 CONTRACTOWs schedule of values will be acceptable to ENGINEER as to form and substance if it provides a reasonable allocation ol'the Contract Price to component put% of di, Work. A The Contract Documents are complementarry, what is called for by one is as binding as if called for by all. B It is the intent oftlip Contract Documents to describe a functionally complete Project. (or put thecoi) to be c0astioJcted in accordance with the Contract Documents. Any labor, documentation, s6rvicos, materials, Or equip - merit that may reasonably be narred from the Contract. Documents or ham prc%mTulg aistom or trade usage as bang required to produce the intended resuftwin be provided whether or not specifically call ed for at no additional Post to OWNER. C, Clarifications and interpretations ofthe Contract Documents shall be issued by ENGMER as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Lixwz, and Regulations 1. Rerenence to standards, specifications. manuals, or codes of any -toIli, L to L�mr I. 'WIN imp", N '0 0 11,610 1, 1 '2No proviSiOn ofanysirah slaridard, specification, manual or code, _jr)f I I I rm_or direct the performance of the Work or any duty or authority to undertake rcspon6bitit3, inconsistent with the provksion-q of the Contract Documents A- Reporting Discrepancies I if, during the perffirmancie of the Work, CONTRACTOR disicovers any coafflict, error, ambiguity, or discrepancy %athin the Contract Documents or between the Contract Documents and any provision of a* Law or Regulation appy cable to the performance of the Work or or any standard. slwcificaftou, Manual Or code. or of any insiruction of any Suppliez, CONTRACTOR shall report itto ENGINEER in writing at once CONITRACI OR shall not rroceed with the Work affccued thereby (except in an emergency as required by paragraph 6 16A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.04, provided, however, that CONTP,A,CTORsW not be liable to OWNER or ENGINEER for failure 10 report any such ecI error, ambiguity, or di%crLpioicv unless CON- MkICTOR knew or reasonablyshould have known thereof 1. Except as may be otherwise specifically stated in the Contract L100,0T.M%-, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity. or discrepancy between the provisions of the Contract Documents and. a the; provisions ofany standard, specification, manual. code, Or instruction (whether or not specifically incorporated by reference in the Contract Documents); or b the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the prnvi,olis ofthe CbralactDocumcnit; would result in violation of such law or Regulation) MMENIZEM k The Contract Documents may be amended to provide for additions, '14 rR di aw*a-cof K11 AA -C Ir fIULG III 'Ayder, or (iii) a Work Change Directive, B. lie requirements cifibe Contract Documents may be supplmeme,3, 03MMEMEMM= A. CONTRACTOR and any Subcontractor or Supplier or other viduad or entity performing or furvishing any of the Work under a direct or indirect contract with OWNER (L) shall not have or acquire any title to or ownership rights in any ofthe Drawings, Specifimtions, oro documents (or copies of any thereof) prtlinured by or bearing the scW of ENGMEER or ENG(NEER's Consultant recludingel ectronic media editions; and (n) "I not must any ofsuch Drawings, Specifications, other documents, or copies thereof onextensions of the Project or any other project Without writlisn cOnswi Of OWNER and ENGINEER and specific written verificidion or adaption by ENGINEER, This prohibition will survive ficial payment, completion, and acceptance ofthe Work, or termination or completion ofthe Coattila NGdtmg herein shall preclude CONTRACTOR from retaining copies of the Contract Documents for record purposes. 4.01 Avallabilify OfLaffas A. OWNER slid furnish the Site. OWNER shd no* R.4 I "M 011 I M i I tooronthe amount or extent. if any, OfIJIIYAUstment in the Contract PrIct Of Contract TinI orb as a result of any delay in OWNFR's furnishing the Site, CONT RACI OR may make a Claim therefor as provided in paragraph 1005 B Upon reasonable written request, OWNER shall furnish CON- IRACTOR with acurrentgatcmeet ofrecord legal 1111C and ]Lgal description Of the lands upon %tiich the Work isto be peirfiormed and OWNER's Interest thercin as necessary for giving notice of or filing a mecharuc's or construction lien against such lan& in accordance with appliLable Laws and Regulations. C CONTRACTOR shall provide for all additional lands and access thereto that may be required for toary construction facilities or storage Of materials and equipment A Repori`3 and Drawings: TheSupplenientaryCoigtilions)dentify I those reports of explor-autins and tests ofsubsutface conditions at orcontiguous to the Site that ENGFNEER has used in prepanng the Contract Documents; and 2 dxm drawings ofphysical renditions in or relating to eXiSt-9 surface or subsurface structures At or contiguous 10 the 'Rite (except IFIV, ivi-fv *e Contract 1. B. LimatedRanwe&yCOArn?AC7'OR017Techi?tculDara.4,trhoFzed, L the completeness of such reports and drawings for CO OR's purposts, mclu but. not limited to, any mlieetis ofthe means, method% techniques, sequences, and procedures of,;0oAM0Uon to be employed by CONTIR ALCTOP, and safety priecautions and progrium incident thereto; or 2, other data, interpretattorIs, opinions, and information contained in such reports or she or indicated in such drawinp; or 3, any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, Opinions, Or informattorL 4tO3 Affenrig Subtstrface or Phyncol Conditions A. Notice. If CONTRACTOR befieves that any subsurface or physical condition at or contiguous to the Site that is uncovured or revealed cithev M materially inaccurate; or 2. is ofsuch a nature as to require a change in the Contract Do-- ments; or 3 differs majerially from thai shown or indicated in the Conti Documents: or 4 is Oran unusual natum, and differs materially from coudiii ondmardy encountered and gr .ne,ally recogni=d as inherent in work of character provided for in the Contract Documentir, B, EiCURVEER'sRaview: A& -r receipt ofwrittee notice as required by ................... deleffrime the necessity ofOWNER's oht,aining additional exploration of tests with respedtheredo, and advL�: OWNER in writing (with a copy to CONTRAC- TOR) of FNGTNEER's findings and conclusions I The Contract Price or the Contract Times, or both, will he equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in CONTRACTOR `s cost of, or time required for, performance of Work, subject, however, to the fallowing: 8- such condition must meet anyone or more of the categories described in paragraph 4.03 A, and b s, i1h respect io Work that is paid for on a Unit Price Basis, any adjugment in Contract Price will be subject to the provisions of paragraphs 9 09 and 1103 2 CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Contract Times if, A. CONTRACTOR knew of the eylstence of such conditions at the time CONULACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of Bid or becoming bound under a negotiated contract, or b the emunce ofsuch condition could reasonably have been discovered or revealed as a result ofany examination, investigation, explomlion, itst, orstudy of Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's making such fmal commitment, or c C014TRACTOR riuled to give the writien notice within the time and as required by paragraph 4,03 A 3 if OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, ifany, of any adjustment in the Contract Price or Contract Times, or both, a Claim may b,; made therefor as Provided in paragraph 10.05. However, OWNER. ENGINEER, and ENGINERR's Consultants shall not be liable to CONTRACTOR for any claims, cow, lossez;, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and aU court or arbitration or other dispute resolution costs) sustained by CONTRACTOR on or in connection with any other project or anticipated project 404 Underground Facilities A. Shom orindrcated, The info lion and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or conligaous to the Site is based on information and data furnished to OWNER or ENGINEER by the Own= ofsuch Underground Facilities, including OWNER, or by others. Unless it is otherwise expressly provided in [be Supplementary Conditions 1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness ofany such information or data-, and 2. the cod of all ofthe following will be included in the Contract Prim and CONTRACTOR shall have full responsibility for: a_ reviewing and checking all stich inrornialion and data, b locating all Underground Facilities shown or indicated in ft Contract Documents. C. coordination of the Work With the owners Of such Un- derground Facilities, including OWNER, during construWon, and d. thesafety and protadion ofall such Underground Facilities and repairing any damage thereto resulting from the Work B Not Shown or Indicated 1. Ifan Underground Facility is uncovered or revealed at or coolig- or indicated MOM,. 111 . MIN; —011 mm I M OIL, cc, 10, 110 1, 000�_—0, 1 "I'M M shA pyumpii,, after becoming aware thereof and before further disturbing conditions affeLlou thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6 16 A), identify the owner of such Underground Facility and give wniten notice to that owner and to OWNER and ENGINEER ENGINEER will promptly review the Underground facility and determine the extent, if any, to which a change is required in the Contract Documents to During such Lune, CON TRAM OR shall be responsible for the safety and protection of such Underground Facility J'he discoyer�Ftbesc.�ulifiiit-. 0 s iall not be LZoun& for additional compensafion_Additional time mai be recommended by the ENGINEER if. in his opinion the work is unduly delayed for resolution of the utility conflict, to um 405 Reference Points A. OWNER shall provide engineering surveys to establish reference pointsfor construction which in ENGINFLR's ixidgment are riccuv"xy to enable CONTRACTOR to proceed with the Work. CONIRAC'FOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and properly monuments, and shall make no changes or reloca- tions without the prior written approval of OWNER. CONTRACTOR shall mpairito ENGINEER wbeneverany reference point or property monument is log or destroyed or require% relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replaotment or relocation of such reference points or property monuments by professionally qualified personnel. 406 Hazardous Environmental Condition at Site A Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Envirumnerital Condition identified at the Site, ifany, that have bew utilized by The ENGINEER in the preparation of the Contract Documents, B. Limited Reliance by CORMACTOR on Technical Data Authorized,, CONTRACTOR may rely upon the general accuracy ofthe "technical daW' contained in such reports and drawings, but such reports and drawings are not CrintradDocuments. Such "technical daW'is identified in the Supplementary ConMom Exwpt. flir such reliance on such "technical dalii,"CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: 1. the completeness of such reports and drawings for CO14TRACrOR's purposes. including but not firniled to, any aspects ofthe ymmas, methods, techniVe&, sequences and procedures ofconstruction to be employed by CONTRACTOR and safety precautions and programs incident thereto; or Z. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings'; or 3- any CONTRACTOR urterprttation of or conclusion drawnfrom. any "technical data" or any such other data, interpretations, opinions or information. C, CONTRACTOR shall not be responsible for any Hazardous Site which was not shown 0 MOO, 690 CONTRACTOR is responsible. 111116g1 D IWONTRAC 17OR enrourders a Hazardous Environmental Condition or if CONTRACTOR or anyone for whom CONTRACTOR is responsible creates a Hazardow Environmental Condition, CONTRACTOR shall immedi- ately (i) secure or otherwise isolate such condition, (ii) stop all Work in connection with such condition and in any area affected thereby (_accept in an emergewy as recluired by paragraph 6 16). and (in) notify OWNER and ENGI- NEER (and promptly thereafter cruTum such notice in wT111119). OWNER shall promptly consult with ENGINEER wnceming [he occe-wKy for OWNER to retain a qualified expert to evaluate such condilmn of take corrective action, if any 9 CONTRACTOR shall not be required to resume Work in connection with such condition or in any affccicd area until alter OWNER has obtained any required pemuls related lhereln and delivered to CONTRACTOR written ruit,ce (l spccrtving that such condition and any s1fected area is or has been rendered safe for the resumption or Work, or (it) sperifytrig any special condi. tions under which such Work may be resumed MFPIY If OWNER and CONTRACTOR cannot agrLe as to entitlement to or on the amount or extent, ifany, ofanydjusiment in c)nf-,u1 Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed in be resumed by CON rRACI 09 either party may make a Claim thereror as provided in pvapwh 10.05. F ifalkr r, -=pi ofsuch written notice CONTRACTOR dots not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such sliccial conditions, than OWNER may order the portion Of the Work that is in the area affiected by such condition to be deleted komtheWask IfO%kWER and CONTRACTOR cannot agree as to entitlement to or an the amount or extent, Many, of an adjustment in Contract Price or Contrad Times as a a @wlt of deleting such ponion or the Wori%, then either party OWNER mayhave such deleted portion ofthe Work performed by OWN fsR's own forces or others in accordance with Article 7 G To the fullest extent permitted 13) Laws and Regulations, OWNER shall indemnify and hold harraless CONTRACTOR, Subcortimetors, ENGI- NEER, ENGINFER's Consultants and the officers, directors, partiacirs. cmplo&gcnis, other oonsuktints, and subcontractors ofeach and any of them from and against all dairns, 0099, Imses. and damages (including but not limited to all fees and abages of engineers, architects, attorneys, and other professionaIg and all court or arbitration oro dispute resolution costs) arising out of or relating to a Hazardous Enviromental Condition, providad thatsuch Hazardous Environmental Condition., (i) was not shown or indicated in the Drawings Or Spect6cabons or identified in the Convict Documents to be included widus; the scope ofthe Work, and (1i) was not created by CONTRACTOR or by anyone for whom coN,rRACTORis responsible Nothing in this paragraph 4 06.E "I obligate OWNER to indemnify any individual or entity from and againd the Consequences ofthat individual's or entity's own negligeuce. H. To the fullest e permitted by Laws and Regulations, CONTRACTOR shall uidemnify and hold harmless OWNER, ENGINEER, ENGWEER's Consultants, and the officers, direewrs. partners, employees, agents, other consultants, and subcontractors of each and any ofthern From and against all cigifft; cos% losses. and &uruiges (including but not United to all fees and charges of enginears, architects, allomcA and other professionals and all court or arbitration or other dispute resolution costs) arising, out of or re to a Hazardious FaviruwvmW Condition created by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing in this paragraph 4 06°F Shall obhgdlc CONTRACTOR to indemnify any individual or entity from and against the consequences ofthat individual's or entity's own negligence I The provisions of para hs 4.02, 4.03, and 4.04 am not iatitridltd to apply to a Hazisdous Envircruncrial Cmdidon uncovered or revealed at the Site, 5.01 Pelbrmance, Payment, and Other Bonds ACONrJ1LkCrORsWfurnish pe[formw= and payment went Bonds, each in an amount at least equal to the Contract Price as security for the fat performance and payment of all CONTRACTOR's obligations under the Contract Documents, 'Mesa Bonds shad remain in effect at I east until one year afler the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents CONTRACTOR shag also Furnish such other Bonds as are required by the Contract Documents. B Aii Bonds shall be in the form prescribed by the Contract Document, except as pro,,ided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Rainsuring Corripanics" as publisiM in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U S Department of the Treasury AD Bonds signed by, an agent must Inc accompanied by a cerlified copy Of such agent's authority to act C If the surety on any Bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent or its right to do business is to algid in any staft where any pan ofthe Jlrogcci is located or it ceases to meet the m4uiTemcots crparap-aph 5.11.B, CONTR ACTOR shall within 2D days thercallutr substitute -another Bond and surety, both of which ,shall comply with the requirements of paragraphs 5,01 B and 5-02. 5,02 Licensed Sureties and Insurers A. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONI R ACTOR shall be obtained from surety or uiswanc& companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds Or insurance Policies for the limits and coverages so required Such surety and insurance companies Shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates oflnsurance A. CONTRACTOR shall deliver to OWNER, With Copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additionii] insured) which CIONT—KACT OR is required to puich-sa ®ltd . OWNER shall deliver to CONTRACTOR, with copi.s to cach additional hwArtd idmuilied in the Supplenrentary Conditions, certificates of insurance (and other evidence of insurance rq;qucsltd by CONTRACTOR or any other additional insured) which OWNE R is required to purchaw and maintain 5.04 CoArMCTOP'sDabibryInsuronce A. CONTRACTOR shall pumbase and mam(am such liability and other insurance as is appropnate: for the Work being performed and as will provide protection from claims set forth below Much may wrise out of or result from CONTRACTO[Vs performance of the Work and CONTRACTOWS Other obligations under the CoalraA Documents, whether it is to be performed by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any ofthe Work, or by anyone for whose acts any of them may be hable- 1. claim under workers' compensation, disability benefits, and other similar antiloyce benefit acts; 2, claim for damages use of bodily injury, occupational sickness or disemA or death ofCONTRACTOR's employees; 3, claim for damages bemize of bodily itilitry, sickness Or IlLsOm, or death of any person other than CONTRACTOR'S employces'; 4. claims for damages insured by reasociably available personal injury liability coverage which we susta3sicd; (1) by any person as a remit Oran offense directly or indirectly related to the employment of such person by CONTRACTOR, or (ii) by any other pemu for any other mason; 5. claims for damages, other than to the Work itself. bemuse Of injury to or destniction oftangible property wherever localed, including loss ofuse resulting therefrom, and 6 claims for damages use of bodily injury or death of any person or property damage ansing out ofthe ownership. maintenance or use of any motor vehicle. B_ The pogeiesofincur ar=sorequired by'mpara gVh5G4tobe purchased and maintained shall: 1, with respect to insurance required by paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include as additional imureds- (subject to any customary exclusion in respect ofprof cssional baollity) OWNER, ENGI- NEER, ENGINEER's Consultants, and any other individuals or entities Identified in the Supplementary Conditions, all ofwhom shall be tisW as additional insureds, and include coverage for the respective officers, directors, partners, employees, agents, and other edasultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2 include at least the specific coverages and be written for not less than the limits of liability provided in the Suppkmcnlar) Conditions or required by laws or Regulations, whichever is greater, 3, include completed operations insurance; 4 include contractual liability insurance covering CONtRAGTOR's indonristy obligations under paragraphs 6 07, 6t, 1, and 620. 5 contain a piovision or endorsement, that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates ofinsurance furnished by One CON"TRACTOR pursuant to paragraph 5.03 will so provide), 6 remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correcting, removing, or replacing defective Work in accordance with paragraph 13.07, and 7 with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter) 505 OWNER's Liability Insurance A, In addition to the insurance required to be provided by CONTRACTOR under paragraph 5.04, OWNER, at OWNER's option, may pudviee and mairttain at OWNER's expense OWNER's own liability insurance as will prated OWNER against claims which may arise from operations under the Convact. Documents. 506 PreperryInsurance A. Unless otherwise provided in the Supplementary Conditions, OMWER CONTRACTOR shall purchase and in property insurance upon the Work at the Site in the amount of the full replacement 0051. thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, and other consultants and submantradars of each and any of them, each of wbom is deemed to have an inwrable interest and shall be listed at an additional insured; 2, bawlittim on a Builder's Risk "all-risk" ur open peril or special causes of loss polity form that shall at lets(include insurance for physical loss or damage be IIx Work, temporary buildings, false work, and materials and equipment in and shall insure against at least the following perils or causes ofloss" fire, lightning, extended coverage, theft, vandalism and malicious mLwNc& earthquake, collapse, debris removal, demolition occasioned by coferment of Laws and Regulations, water damage, and such other perils or causes of lass as may be specifically required by the Supplementary Conditions; 3, include expenses incurred in the repair or replacement of any iraur ud property (including but not lunited to fees and charges of engineers and architects); 4 cover materials and equipment stored at the Site or at another location that was agreed to in writing by OWNER prior to being mthe Work, provided that such materials and equipmenthave been included in an Application for Payment recommended by ENGINEER; 5 allow for partial utilization of Ore Work by OWNER, 6 include testing and startup, and 7 be maintained in effect until final payment is made unlw otherwise agreed to in writing by OWNER, CONTR AC I OR, and ENGI- NEERuith 30 days written notice to each other additional insured to whom a certificate of insurance has been issued. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with paragraph 5 06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to OWNER and CONTRACTOR and to each Other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with paragraph 5.07 17. OWNER shall note responsible for purchasing and maintaining any properly insurance specified in this paragraph 5.06 to protect the ialerests of CONTRACTOR, Subcontractors, or others in the Work to the extent of any doduebble is ibm we i at in tie SupplementaryConditions The nsk of loss within such identified deductible amount will be home by CON- TRACTOR, Su ors, or others suffering any such loss, and if any of them wishes coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E IfCONTRACTOR requests in writing that other special ilmrance be included in the property insurance policies provided under paragraph 5.06, OWNER shall, if possible, include such insurance, and the cost thereofw ill be charged to CONTRACTOR by appropriate Change Order or Written AmendmeriL Prior to commencement of the Worts at the Site, OWNER shall in writing advise CONTRACTOR whetter or not such other insurance has been procured by OWNER 5.07 Waiver ofRtghts A. OWNER and CONTRACTOR intend that all policies purchased in accordance with paragraph 5,06 will protect OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants, and all other individuiais or entities identified in the Supplemenlary Conditions to be listed as or additional insureds (and the officers, directors, partners. employees, agerm% and Other Itarrts and Mboontructors ofeaeh and any of them) in such policies and will provide primary coverage for all losses and damages mused by the perils or causes of loss covered thereby_ All such policies shall contain provisions to the efled that in the event of payment of any less or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. OWNER and CONTRACTOR waive all rights against each other and their respective officers, directors, partners, employee, agents, and other consultants and subcoors of each and any of them for all loses and damage caused by, arising out of or resulting from any of the perils or of loss coveted by such policies and any other property insurance applica- ble to the Work; and, in addition, waive all such rights against Subconlraciers, ENGINEER, ENGINEER's Consultants, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, duecion, partners, employees, agents, and other consultants and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall wdend to the rights that any party making such waiver may have to the proceeds of insurance hold by OWNER as trustee or otherwise payable under any policy so issued, B. OWNER wives all rights against CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them for; I, loss due to business interruption, loss of use, or other consequential los extending beyond direct physical loss or damage to OWNER's property ortbe Work caused by, arising out of, or resulting from fire or other peril whether or not insured by OWNER; and 00 72 00 Al 2 Im or damage to the completed Project or part Lhercofcaused by, arising out of or resulung1minfire or other insured pent nr cause of loss covered by any Property insurance maintained on the completed Project or put thereof by OWNER doringportial utilization pursuant to Paragraph 14 05, alter Substantial Completion pursuant toparagraph 14.04, or after final payment pursuant to paragraph 14,07 C Any insurance policy maintained by OWNER covering any loss, damge jw eoTLqcquontid) loss referred to in paragraph 5 07.13 shall contain proviewris to the effect that in the evert isl7payment ofiny such loss, damage. or consequential loss, the insurers will have no llghtc2 of recovery against CONTRACTOR, Subcontractors, FNGINIEM or LNGINUR's Consultants and the officers, deredorsi partners, employees, agents, and other consultants and subcontractors of each and any of them - 5 0K hem 508 Receipt and Application cifInsurance Proceeds ?%- Atiy trisurod Ion underthe policies ofuzurance required by paragraph 5,06 `wt be adjusted with O and made payable to OWNF R as fiduciary for the torureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5 08 8 OWN�,R shall deposit in a separate account any money so received and shall distribute it in accordance with such aermmentas the parties in interest may reach If nn other special agreement is reavbrA the damaged Work shall T repaired or replaced, the moneys so received applied on account thereof. and the Work and the cosi thefoof covered by in appropriate Change Order or Written Amendment. B OWNER as fiduciary shall have power to adjust and settle any loss with the trairein; unless one ofthe parties in interest shall object in writing within 15 days after the occutrience ofloss to OWNER's exercise ofthis power 11'such objection be ma&% OWNER as fiduciary shall inske settlement with the insurers in accordance with such agreement as the parties in interest may reach Ifno such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and seals to loss with the insurers and, if required in writing by any party in interest, OWNER as fiduciary shall give bond for the proper performance Dfsuch duties, A If either OWNER or CONTRACTOR W any objection to the coverage aft by or other provisions ofthe Bonds or insurance required to be purc6s*d and maintained by Uig other party an accordance with Article 5 on the basis cifnon -conformance with the Contract Documents. the objecting party shall so notify the other party in writing wiflust 10 days after receipt of the certificates (or other evidence requested) required by paragraph 2.05,C OWNER and CONTRACTOR shall each provide to the other such additional infra on in nwpoa ofinsuraricc provided as The other may reasonably request. If either party does not purchase or maintain all of the Bonds and insurance required of such party by the Conti ad Documents, such party Shall notify the other party- in writing of such failure top prior to the start ofthe Work, or of such failure tomaintano prior to any change, in the required coverage Without prejudice to any Either right or remedy, the other Party may tica 10 obuin equivalent Bonds or insurance to protect such other party's interests at the eiqim�nsc ofthe patty who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Nice accordingly, 5.10 Partial U&Izzation, AcAmowledgaient ofProrierty Inturer A. IfOWNEKfinds it necessary to occupy of use a portion or portions of the Work prior to Substantiall Completion of all the Work as provided in para. graph 14,05, no such use or occupancy shall commenee before the insurers providing the property trisurance pursuant to paragralib 506 have acknowledged notice thereof and in writing cWected any changes an coverage necessitated tinertby, The insurers providaig the property insurance shall consent by endorse- ment on the policy or policies, but the property insurance shall rint be canceled or perritittud to lapse on account of any such partial me or oectu pancy. ARTICLE 6 - CONTRACTOR*S RESPONSrBlUTIES ------- — -- ----------- 6.01 Supervision and Superintendence A. CONTRACTOR shall supervise, inspect, and divest the Work competetoty and efficiently, devoting such attention thereto and applying such skills and ciTcrtissa as may be necessary to perform the Wort in accordance with the Con tractDocumencs. CONTRAc TOR shall be solely resWasible for Ute means, meth o&% teduniques, sequences, and procedures of mnstruction, but CONTRACTOR shall not be responsible for the negligence of OWNER or ENGINEER in the design or specification of specific means, method, tech- nique, sequenct. or procedureofconstrulion which is shown or indicated in and expressly required by The Contract Documents CONTRACTOR shall be ruTonsible. to see That the completed Work complies accurately with the Contract Documents B At at Limes during the progress offfie Work, CONTRACTOR shall assign a competent resident ,uperintendent thereto who shall not be replaced viftut wnUm notice to OWNER and ENGINEER excepl under extraordinary Qnsumislancm The superintendent will be CONTRAC7011's representative at the Site atut shall have authority to act on behalf of CONTRACTOR All ocoomaiinicationes given to or received from the superintendent shall be binding on CONTRACTOR 6.02 Labor, Working Hours A. CONTRACTOR shall providtoompetent., suitably qualified personnel to SuTvcv, ,1,,v out, and construct the Work as required by tht Contract Docu. ..its CONTRACTORshall at all times maintain good discipline and erder at the Site B. Ex as otherwise required for the: safety or protection of'Persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Domments, all Work at the Site shall be performed during regular working hours, and CONTRACTOR will not perrytt overtime work or the p".ormanx of Work an Saturday, Sunday, or any legal hohdav without *kVNER's wrillim concent (which will not be unreasonably ,.N ithlield) given after prior written notice to LN GINEER 6.03 Services, Marenals, and –Equipment A. Unless otherwise specified in the General Requirements,. CONTRACTOR shall provide and assume full responsibility for a61 services, materiaK equipment, tabor, transportation, cong1ruction equipment and maclun- ary� tools, appliances, 11A povim, hgbL beat, Telephone. water. sanitary facilities, t,mporary facilities, and all other Acilaics and uiclderrtal�: necessary for the performance, testing. start-up, and completion ofthe Work B. All materials and rquipmeiit incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Cm*=t Documents. 411 warranties and guarantees specifically called por by art Specilicatiomshall expressly run to the benefit of OWNER. Ifroquired by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required teas) as to the source, kind, and quality ofouitenzIs and equipment. M materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in awarthrice with ins1ructions, ofthe applicable. Supplier, except as otherwise may be provided in the Contract Documents, 6.04 Progress Schedule A- CONTRACTOR shot adhere to the progress schedule eslablished in IMM-1,11iffi—M- Taf ti -mc to fi-rye as 1. CONTRACTOR shall submit to ENGINEER for acceptance (to edewlirabcalailtri paraBrapli 2,07) proposed adjustments in the progress schedule thalwill no result in changing the CunfiractTiortas (or Milestones). Such adjustrucirts will conform generally to the progress schedule then in effect and additionally will comply with any provisions ofthe General Re- quirements applicable thereto, 2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be subraided in accordance with the requirements of Article 12. Such adjustments may only be madi: by a Change Order or Written Amendment in accordance with Article 12 A. Whenever an it of material or equipment is specified or desciribed in the Contract Documents by using the name of proprietary item or the name of a particular Supplier, the specificalion or description is intended to establish the Lype, function, appearance, and quality required- UnIM the specification or description contains ar is followed by wards reading that Uo like, equivalent, or "or -equal" it or no substitution is permitted, other item of material or equipment or material or equipment of other Suppliers may be submitted to ENGINEER for review under the curtivistarim described below, I "Or -Equal Items If in ENGINEER's sole discretion an item ofruterhal or equipment propocedby CONTRACTOR is functionally equal to that named and suH'icientlysimtlar so that no change in relaled Work will be requued, it may be considered by ENGINEER as an "or -equal" iters, in which case review and approval ofthe proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all ofthe requirctrients for approval of proposed substitute items For the purposes of this paragraph 6 05,.11, a proposed item of material or equipment will be considered functionally equal to an item so named if. a to the exercise of reasonable judgment ENGINEER determines that. fit it is at least equal in quality, durability, appearance, strength, and design characteristics, (it) it will reliably perform at least equally well the function imposed by the design concept of the completed Project as a functioning whole, and, b CONTRACTOR certifies that: (i) there is no increase in cost to the OWNER; and (ii) it will conform substantially, even with deviations, to the detailed requirements of the item named in lite Contract DocumenLs 2 Substitute Items a If in ENGINEER's sole discretion an item of malerial or equipment proposed by CONTRACTOR does not quatify as an ..or -equal" item under paragraph 6 05 A. 1, it will be considered a proposed substitute item b. CONTRACTOR shall submit sufficient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an aLcc-ptablu substitute therefor Requests for review of proposed substitute item of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. c The procedure for review by ENGINEER will be as set forth in paragraph 6.05.A.2.d, as supplemceted in the General Requiranerrls and as ENGINEER may decide is appropriate under the circumstances. d. CONTRACTOR shall fust make written application to ENGINEER for review of a proposed substitute item of material or equipment that CONTRACTOR seeks to furnish or use. The application shall certify that the proposed substitute item will perform adequately the flinclions and achieve the results called for by the general design, be similar in substance to that specified, and be suited to the same use as that specified The application will slate the extent, if any, to which the use ofthe proposed substitute item will prejudice CONTRACTOR'S achievement of Substantial Completion on time, whether anon use of& proposed substitute item in the Work will re- quire a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute item and whether or not incorporation or use ofthe proposed substitute item lir connection with the Work is subject to payment of any license fee or royalty All variations ofthe proposed substitute item from that specified will be identified in the application, and available engineering, sales, maudcuncz, repair, and replacement services will be indicated, The application will also contain an itemized estinWz of all [rids or credits that will result directly or indirectly from use of such substitute item, including costs ofredesign and claims ofother contractors affected by any rh9rlling change, all ofwhich will be considered by ENGINEER in evaluating the proposed substitute item. ENGINEER may require CONTRACTOR to furnish additional data about the proposed substitute iters B Substitute CowtmctionMethods or Procedures- If a specific means, method, tecitniquq sequence, or procedure of construction is shown or indicated in and expressly required by thu Contract Documents, CONTRACTOR may fumish or utilize a substitute means, method, terhnique, sequence, or procedure of construction approved by ENGINEER CONTRACTOR shall submit sufficed information to allow ENGINEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents, The procedure for review by ENGINEER will be similar to that provided in subparagraph 6-05,A.2, C Eng,neer's Evaluation, ENGINEER will be allowed a reasonable time within wfuch to evaluate each proposal or submittal made pursuant to para- graphs 6.05.A and 6 05.B. ENGINEER will be Ihesolejudge of acceptability No 'or -equal" or suhsliluta will be ordered, installed or utilized until F.NGINRER's review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Draining for an "or equal " ENGINEER will advise CONTRACTOR in writing of any negative determination D Special Guarantee: OWNER may require CONTRACTOR to furnish at CONTRAC rOR's expense a special performance guarantee or other surety with respect to any substitute. E ENGINEER's Cost Reimbursement ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evalttating substitute proposed orsubmitted by CONTRACTOR pursuant to paragraphs 6.05A.2 and 6 05,8 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thetebv Whetter or not ENGINEER approves a substitute item so proposed or submitted by CONTRACTOR, CONTR.' C1OR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute F C0NTR,4CTOR's Expense CONTRACTOR shall provide all data in support of any proposed substitute or "or -equal" at CONTRACTOR's expense 606 Concerning Subcontractors, Suppliers, and Others A CONTRACTOR shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to OWNER as indicated in paragraph 6,06.8), whether initially or as a replacement, against whom OWNER may have reasonable objection CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other individual or entity to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection B If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to OWNER in advarm for acceptance by OWNER by a specified dale prior to the Effective Date ofthe Agreement, and if CONTRACTOR has submitted a list Ilhereofin accordance with the Supplementary Conditions, OWNER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Doaurezils) of any such Subcontractor. Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation CONTRACTOR shall submit an acceptable replacement for the related Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the diff rence in the cost occasioned by such replacement, and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER of any such Suboon"dor, Supplier, orot ervidividual or entity, whether initially or as a replacement, shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. C, CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all ads and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any ofthe Work just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Suboitntraefor. Supplier, or oder individual or entity any conhac4tal relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other individual or entity, nor shall it create any obligalion on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor Supplier, or otber individual or entity except as may Mherwiso be required by laws and Regulations. D. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indeed contract with CONTRACTOR E. CONTRACTOR sball require all Subcontractors. Suppliers, and such other individuals or entities performing or furnishing any ofthe Work to commu- nicate with ENGINEER through CONTRACTOR F The divisions and sections ofthe Specifications and the identifications ofany Drawing shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 00 72 00-13 G All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR aadthe Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applic2ble tennis and conditions ofthe Contract Documents for the Ix:ncttt efOWNER and ENGINEER Whenever any such agreement is with a Subcontractor or Supplier wbo is listed as an additional insured on the property ince provided in paragraph 5.06, the agreement between the CONTRAC- TOR and the Subcontractor or Supplier will contain provisions whereby the Subcorrtradoror Supplier waives all rights against OWNER, CONTR4,C TOR, ENGINEER, ENGINEER's Consultants, and all other individuals or entities idenufred in the SuppLmtntary Conditions to be listed as insureds or additional insureds (and the officers, directors panniers, employees, agents, and other consultants and subcontractors of cath and any of them) for all losses and darnages caused by, arising out of, relating to. or resulting from any ofthe perils or causes of loss covered by such policies and any other property insurance applicable to the Work- If the insurers on any such policies require separate waiver corms to be signed by any Subcontractor or Supplier, CONTRACTOR will obtain the same 607 Parent Fees and Royalties A, CONTRACTOR shall pav all license fees and royalties and assume all costs trscident to the use in the performance ofthe Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others If a particular invention, design, proof piodud, or device is specified in the Contract Documents for use In the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence ofsuch rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent pernumcd by laws and Regulations, CONTRACTOR shall indemnify and hold ha,mless O W'NE R . ENGINEER. ENG INEER's Consultants, and the officers, directors, partners, employees or agents, and other consultants of each and any ofthcmfrom and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, anoraeys, and other profissionak and all cant or arbitration or other dispute resolution costs) arising out of or relating to any infnngr.ment of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of arty invention, designs, process, product, or device not specified in the Contract Documents 608 Permits A_ Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses, OWNER shall assist CONTRACTOR, when necessary, in obtaining such pcanfls and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution ofthe Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto, such as plant investment fees. 6.09 Laws and Regulations A. CONTRACTOR sball give all notices and comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable haws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. B. WCONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all cost or arbitration or other dispute resolution costs) arising out of or relating to such Work; however, it shall not be CONTRACTOR's primary responsibility to make aetain that the Specifications and Drawings ere in aceordanee with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.03- C, Changes in Laws or Regulations not known at the time of opening of Bids (or, on Use Effective Dale ofthe Agreement if there were no Bids) having an effect on the cost or time of performance ofthe Work may be the subject of an adjustment in Contract Price or Contract Times. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extant, ifauA of any such adjusbnmt, a Claim may be made therefor as provided in paragraph 10.05 610 T-aaes A. CONTRACTORshail pay all sales, consumer, use, and other surular taxes required to be paid by CONTR ACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance ofthe Work 611 Use ofStteand Other Areas A. Limitation on Use ofStte and Other Areas 1 CONTRACTOR shall confine construction equipment, the storage of malcrials and equipment, and the operations of workets to the Site and other areas pernutted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas resulting from the performance ofthe Work- 2 ork 2 Should any claim be made by anv such owner or occupant because ofthe performance ofthe Work, CON TRACTOR shall promptly settle with such othe party by negotiation or otherwise resolve the claim by arbitral ion or other dispute resolution proceeding or at law. 3 To the fullest extent permitted by Iaws and Regulations. CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGiNEER's Consultant, and the officers, directors, partners, employer-, agents, and other consultants of each and any ofthein from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER, or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance ofthe Work B. RemovaiofDebrisDuringPerformanceoftheWork. Dunnglhe progress of the Work CONTRACTOR shall keep the Site and other arras free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable laws and Regulations, C. Cleaning Prior to Substantial Completion of the Work CONTRACTOR shall clears the Site and make it ready for utilization by OWNER. At the completion of the Work CONTRACTOR shall remove from the Site all Wet% appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents, D. Loading Structures. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part ofthe Work or adjacent property to stns or pressures that will endanger it 6.12 RecordDocumenrs A_ CONTRACTOR shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference Upon completion ofthe Work, these record documents, Samples, and Shop Drawings will be delivered to ENGINEER for OWNER. 6.13 Safety and Protection A CONTRACTOR sisal] be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: I , all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or offthe Site; and 007200- 14 3 other properly at the Site or adjacent thereto, including trees, shvubs, lawns. h,alks pavements, roadways, structures, utilities, and Under- ground Facilities not designated for removal, relncalion, or replacement on thL course of construction B CONTRACTOR shall comply with all applicable I..aws and Regulations relating to the safety of persons or property, or to the protect ion of p -now or property from damage., injury, or loss, and shall erect and maintain all necessary safeguards for such safety and protection CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall enoperate with them in the protection, removal, relocation, and replacement of their property All damage, injury, or loss to any properly referred to in paragraph 6 13 A.2 or 6 13.x3 caused, directly or indirectly, in whole or in pari, by CON] RAM Olt, any Subcontractor, Supplier, or any other individual or entity duectly or indirectly employed by any ofthem to perform any or the Work, or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (exuyrt xattr b of f�iaNtrrjsbr Speei£rtai ;^ormryene-cn*p{erg'c-r}-by`-mr3`of+hem-vr•-atz�no-foe.' V4.0 ftft 070fthem may be iiaele a>nd =ret' -irrpmi; rorxeegtigtr�ro�6i dTRAF'£9R-<rr-anp sNteerindirdnxd�vrertlrlS`dn�b��Y"�*' pinYal{+ytiutS�oftirtm) CONTRACTOR's duties and responsibilities for safcil and for protection of the Work shall continue until such tone as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in ancordarim with paragraph 14 07 B that the Work is accept able (except as otherwise cxpressly provided in connection with Substantial Completion) 614 SafetyRepresenraiwe A CONTRACTOR shall designate a qualified and experienced safety representative at the Site vbose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safely precautions and programs 6 15 Hazard Communication Programs A CONTRACTOR shall be responsible For coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations 616 Emergencies A In emergencies a6ectrng the safety or protection of persons or the Work or property at the Site or adjacent thereto, CONTRACTOR is obligated to act to prevenl threatened damage, injury, or loss. CONTRACTOR shall give F.NGINFER prompt written notice if CONTRACTOR believes that any sagnifiearm changes in the Work or variations from the Contract Documents have been cm=d thereby or are required as a result thereof. If ENGINEER detenadri s that a change in the Contract Documents is required because ofthe action Laken by COMMACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued, 6.17 Shop Drawings and Samples A CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. All submittals will be identified as ENGI- NEER may require and inthenumber ofccpies specified in the General Require- merft 11m data shown on the Shop Drawings will be complete with respect to quiantiliez dimeasions. specified performance and design criteria, materials, and similar data to show ENGINEER the services, materials, and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.17.E. B. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with the acceptable schedule of Shap Drawings and Sample submittals„ Each Sample will be identified clearly as to material. Supplier, pertinent data such as catalog numbers, and the use for which intended and otherwine as ENGINEER may require to enable ENGINEER to review the submittal for the limited purposes required by paragraph 6.17. E, The numbers of each Sample to be submitted will be as specified in the Specifications. C, Where a Shop Drawing or Sample is tequircd by the Contract Docurowborlbesebedule ofShop Drawings and Sample submittals acceptable to ENGINEER as required hyparagraph 2 07, any related Work performed prior to ENGINEER's review and approval ofthe perturcni submittal will be at the sole expense and responsibility of CONI RAM OR D Submrital Procedures I Before submitting each Shop Drawing (.ir Sample, CONTRACTOR shall have detemnned and verified a all field measurements, quantities, dimensions, Specified performance cnteria, installation requirements, materials, catalog numbers, and similar information with respect thereto, b all materials with respect to intended use, fabrication shipping, handling; storage, assembly, and installation pertaining to the performance ofihe Work; c. all information relative to means, methods, techniques, sequeriem and proocdures of construction and safety precautions and programs incident thereto, and d CONTRACFORsihall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements ofthe Work and the Contract Documents 2. Each submittal shall bear a stamp or specific written indication Out CON=TRACTOR has satisfied CONTR ACTOR's obligations under the Com is with respect. to CONTRACTOR's review and approval of that submittal 3. At the time of each submittal, CONTRACTOR shall give ENGINEER sTtacific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Coiatrad Documents, such notice to be in a written communication separate from the submittal; and, in addition, shall cause a speck notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation E ENGINM'sReview I. ENGINEER will timely review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submidalsancepiableto ENGINEER. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, ager istallabion or incorporation in the Work, conform to the information given in the Contract DocumesiLs and be compatihlc with the design concept of the completed Project as a lunctioningwhole as indicated by the Contract Docu- ments. 2. ENGINEER's review and approval will not extend to means, techniques, sequences, or procedures of construction (except where a particular means, method, techruquc, sequence, or procedure of con- struction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions, 3. ENGINEER's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract. Documents unless CONTRACTrORhas in wrKing called ENGINEER's attention to each such variation at the lime of each submittal as required by paragraph 6.17.1) 3 and ENGINEER has given writlen approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Samplc approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements ofparagraph 6.17.D.1, R Resubmittal Procedures 1. CONTRACTOR shall make corrections required by ENGINEER and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples For review and approval,. CONTRACTOR shall direct specific attention in writing to revisions other than the correction called for by ENGINEER on priavious submittals 6.19 Continuing the Work 00 72 00- 15 6 19 CONTRACTOR's General Warranty and Guarantee A CONTRAC7011warranis; and guarwitecs to OWNER. ENGINEM '10010106400*,o ii , ill 0111 OWLY. R-0410. TV guarantee hereunder exthides defects or damage caused by, I abuse, modification, or improper maintenance or operation by porsoms other than CONTRACTOP, Subcontractors, Suppliers, or any other individual or entity for whom CONTRACTOR is restionsible; or 2 normal wear and tear under normal usage, I 2W t Work in arzordance with the, Contract DocumenW 1. observations by ENGINEER® 2 recomromdabon by ENGINEER or payment by OWNER ofany progress or final payment, 3 the issuance of a certificate of Substantial Completion by ENGINEER or any payment related thereto by OWNER, 6 any re approval ufa Shop Drawing or Sarriple submitLal or the issuance of notice of acceptability by FNGINEER . 7, any inspection, test or approval by others, or 8 any correction of defedwe Work by OWNEP 6,20 Indemnification X To the fulled extent permitted by Laws and Regulations, CONTRACI OR shall indeirinify and hold harmless OWNEP, ENG ER, ENGINEER's Consultants, and the officers, directors, partners, employees, agents, and other consultants and subcontractors ofeach and tiny ofthem from AM against all churm% costs, losses, and damages (including but not IWted to all fees and chairges of etigaicers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution weds) arising out of or relstint; to the poformance: of Work provided that any such claim, cod, loss, or damage,, 1, is aftribulable to bodily injury, sickness, dist dsc, or deatk or to injury to or destruction of tangible property (other than the Work itself), including the low of use resulting therefrom', and I is casised in whole or in part by any negligent act or ornission of CONTRACTOR. any Subcontractor, any Supplier, or any individual or catity directly of indirectly employed by any of them to perform any ofthe Work or anyone for who= ads any of them way be liable, regardless: of whether or musied in put by any negligence or omission of an individual or entity indemnified hereunder or whether liability is imposed upon such imminiGed party by Laws: and Regulations regardless offlia negligence: of any such individual or entity, B. In any and all claims against OWNER or ENGINEER or any of their respective consultants, agents, officars, directors, partners, or employees by any employee (or the survivor or personal representative of such employce) of CONTRACTOR. any Subcontractor, any Supplier, or any individual or entity dkiectly or iridirectly employed by my of them to perform any ofthc Work, or w7ric fhose ads any of there may be liable, the indemn&cation obligation under para"It 6.20 Ashall not be lunited in any way by any Limitation on the amount or type of damages, compeosation, or benefits payable by or for CON- TRACTOR or any such Subcontractor. Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts RAI ARTICLE? - OTHER WORK 7.01 Related Work at Site A. OWNER may Worm other work related to the Project at the Site by OWMR's employees, or Id other direct contracts therefor, or have other work performed by utility owners If such other walk is not noted in the Contract Documents, tht;n• 1. writim notice thereofwill be given to CONTRACTOR Jpno starting any such other work. and !e 2, if OWNER and CONTPACTOR are unable to agree 1,10.1 "1 04100ft *M 0 W.41 1k, �4 j 1, 0 0 li B. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utihlN owner (and OWNER, if OWNF R is per- lbrating the other work with OWNER's employees) proper and --4fe acccss to the Site and a reasonable op pity for the introduction and storage ofmatcnals and equipment and the execution of such other work and shall properly coordinate the Work with theirs Unless otherwise provided in the Contract Documents. CONTRACTOR shall do all culling, fining, and patching ofthe Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. CON - TR ACTOR shall not endanger any work of others by cutling, excavating, of otherwise altering their work and will only cut or after their work with the wriffm conscril. of ENG and the others whose wa& will be affected. The duties and responsibilities of CONTRACTOR under this paragraph am for the benefit of such utility owners and other contractors to the extent that there are c,ornparahle provisions for the beriefif ofCONT RACTO R in said direct contracts between OWNER and such utility owners and other contractors. C. If the proper execution or results of any part of CONTRACTOR's Work depends uponwork performed by others under this Article 7, CONTRAC- TOR shag insped such other work and promptly report 10 ENGINEER in writing any delays, defects, or deficiencies in such other work that readff it unavailable or unsuitable for the proper execution tuoil rewlts Of CONTRACTOR's Wo& CONTRACTOR's failure to so mport will constitute an acceptance of such other work as fit and proper for integTation with CONTRkCTOR's Work except for latent defects and deficiencies in such other work. 702 Coordination A. Ifo WNERkdea&tooa*adwhhodtmfor the PeyfbrmmcBQfcthu work an the Project at the Site, the Waiving will be set forth in Supplementary Conditions' I the individual or entity who Will have authority mid responsibility for coordination of [be activities among [he various contractors will be identMed. 2- the specific mattes to be covered by such authority and responsibility will be iteudzed; and 3 the exterd ofsach asithairky and responsibilities will be provided B. UnlessaghcgvAsepravidedin the supplementary Conditions, OWNER sbaH have sole authority and responsibility for such d` ion. ARTICLE 8 -OWNER'S RESPONSIBILITIES 8 o l Communications to Contractor A Except as otherwise provided in these General Conditions, OWNER shall issue all communicalions to CONTRACTOR through ENGINEER 902 Replacement ofKV(371NEER A In case of termination ofthe employment of ENGINEER, OWNER shall appoint an engineer to whom CONTRACTOR makes no reasonable wlection, whose statins under the Contract Documents shall be that ofthe former ENGINFFR 803 Furnish Data A OWNER shall promptly furnish thedata requnedofOWN LRunder the Contract Documents 804 Pay Promptly When Due A OWNER shall make payments to CONTRACTOR promptly when 11icy are due as provided in paragraphs 14 02 C and 14 07 C 805 Lands and Easements, Reports and Tests A OWNER's duties in respectofprovidmg lands and easements and moviding engineering surveys to establish reference points are set forth in paragraphs 4.0 I and 4.05. Paragraph 4.02 refers to OWNER's identifying and rnak ingavailable to CON 'I'RAM OR copies of reports of explorations and tats of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by ENGINEER in preparing the Contract Documents, 816 Insurance A. OWNER's responsibilities, if any, in respect to purchasing and maintaining liability and property insurance are set forth in Article 5,. 8 07 Change Orders A. OWNER is obligated to executes Change Orders as indicated in paragraph 10.03. 8.08 Inspections, Tears, and Approvals A OWNER's responsibility in respect to certain inspections, tests, and approvals is set forth in paragraph 13.03 B. 809 Limitations on OWNER's Responsibilities A_ The OWNER shall not supervise, direct, or have control or authority over, "be- reqmsible for, CONTR.ACTOR's means, methods, techniques, se- quences, orprocedures ofconstritction. or the safety precautions and programs incident thereto. orforany failure of CONTRACTOR to comply with Lavas and Regulations applicable to the perform ofthe Work OWNER will notbe responsible for CONTPACTOR's failure to perform the Work in accordance with the Contract Documents. E.IO Undisclosed Hazardous Environmental Condition A OWNER's responsibility in respect to an undisclosed Humdous Environmental Condition is set forth in paragraph 4.06 all Evidence of Financial Arrangements A. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence Thal financial arrangements have been made to satisfy OWNER's obligations underthe Contract Documents. OWNER'S responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 901 OWNER 'S Representative A ENGINEER will heOWNER's representative during the construction period The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative daring construction arc set forth in the Contract Documents and will not be changed without written consent of OWN- ER and ENGINEER. 902 Visits to Site A ENGINEER will make visits to the Site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe asan,-xponrmed and qualified design professional the progress that has been made and the quality of the various aspects of CON7FRAC'1 OR s executed Work. Based on information obtained during such visits and observations, ENGINEER for the benefit of OWNER, will determine, in general, if the Work isprooeedinginacDordance with the Contract Documents ENGINEER will not he required to make exhaustive or continuous mspcztions on the Site to check the quality or quantity ofthe Work. ENCiINFRR's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents On the basis ofsuch visits and observations, ENGINEER will keep OWNER informed of the progress ofthe Work and will endeavor to guard O W NF,R against defective Work B ENGWEER's visits And observations are subject to all the ILnitations on ENGINEER's authority and responsibility set forth in paragraph 9 10, and Particularly. but without limitation, during or as a result of ENGINLER's visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laves and Regulations applicable to The performance ofthe Work. 903 Project Representative A if OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in providing more exlensive,observationofthe Work. The responsibilities and authority and imta- thereon ofanysuch Resident project Representative and assistants will be as prdvided in paragraph 9.10 and in the Supplementary Conditions If O WNER doognaltr another representative or agent to represent OWNER at the Site who is not ENGINEER''s Consultant agent or employee, the responsibilities and authority and limitations thereon of sunh other ind,vidual or entity will be as provided in the Supplementary Conditions. 9.04 Clarifications and Interpretations A- ENGINEER will issue with reasonable promptness such written clarifications or interpretations ofthe requirements of thc Contract Documents as ENGINEER may c , which shall be consistent with the intent of and reasonably inferable from the Contrail Documents, Such writtea clarifications and interpretations will be binding on OWNER and CONTRACTOR If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of anv adjustment in the Contrad Price or Contract Times, or both, that should be allowed as a result of a written clarification or interpretation, a Claim may be made therefor as provided in paragraph 10.05. 9.05 Authorized Variations in Work A ENGINEER may authorize minor variations in the Work from the repircutents of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indi by the Documents, These may be accomplisb�d by a Field Order and will be binding on OWNER. and also on CONTRACTOR, who shall per&rtn the Work involved promptly. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of a Field Order, a Claim may be made therefor as provided is paragraph 10.05, 9,06 Rejecting Defective Work A ENGINEER will bave authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that confiorms to the Contract DOCUrntnts or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as 00 72 00 -. 17 provided in paragVh 13 04, whether or riot the Work is fabricated, installed, or completed WrIM172170M, A In 'ort with ENGINEER's authority as to Shop Drawings and Samples, see paragraph 6 17 B In tion with ENOINFER's-authonty as to Change Orders, see Articles 10. 11. and 12 C In connection with ENGINEER's authority as to Applications for Payment, see Article 14. M A ENGINEERwill delarinine the actual quantities and classifications of Unit Price Work paffonned by CONT RACTOR, ENGINEER will review with CON TR ACTOR the ENGINEER's piclurtinary cleterininations on such matters before rendenng a written decision thereon (by recommendation of an Appbcallon for Payment Orotherwase) ENCYINFFR's written decision thereon will be final and binding (except as modified by ENGINEER to reflect changed factual cion-irlitions or more accurate data) upon OWNER and CONTRACTOR, subject to the provisions of paragraph 10.05 909 Decajoits on Requirement: of Contract Dorument: ond Acceptability offork A. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the Acceptability of the Work thereunder Claims, disputes and other matters relalmg to the acceptability Ofthe Work, the quantities and classifications of Unit Prict. Work, the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, and Claum seeking rha-UgLS in the Contract Prim or Contract Times will be related iimrAv in ENGrNEFR in writing, in accordance with the provisions of paragraph 10 05, with a reqs ed for a formal decision. WINNOW," ri I i I a .1( W 41AI&&61 a$ ]I 11b, I I- 70111!11217�11 A X Neither ENGINEEWs authority or responsibility under this Article 9 or unda any other provision of the Contract Documents nor any decision made by EN GLNEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or pedbanance of any authority or responsibility by ENGINEER shall crejae. impose, or give rise to any duty in contract, tort, orotherwise owed by ENGINEER to CONTRACTOR, any Subcontractur,any Supplier, any other individual or entity, Orin any sir retyfor or employee or aged of any of thum B, ENG INEERwill not sup"vise, dir"A wntrol, or have authority over or be rcsponsilik for CO rOR's means, methods, techniques, sequences of procedures: ofoonaltruction, or the siefiety precautions and programs student thereto, or for any Winne of CCKMACTOR to comply with Laws and Regis la Lions applicable to the performance of the Work. ENGINEER will not be responsibla for C014TRACTOR's failure to perform the Work in accordance with Ile Contract Documents. C. ENGINEER will not be responsible for the acts or oullissions: o!i CONTRACTOR or of any Suboontractor, any Supplier, or of any other individual or entity perfloruting any of the Work. D ENGINEER's review of the final Application for payment and accompanying documentation and all maintenance and operating instruct.ions, scbedulo., guarzadre% Bonds, certificates ofins;icction, tests and approvals, and oil= dowmaitation required to be delivered by paragraph 14.07 A will only be to dettruque generally that their content complies with the requirements o& and in the case of certificates of inspeclions, tests, AM approvals 1W the results certified indicate compliance with, the Contract Documents. E. The limitations upon audioiity and responsibility set forth in this paragr* 9 10 shall also apply to ENGINEER's Consultants, Resident PFOJCL[ Representative, and assistArdis ARTICLE 10 - CHANGES IN THE WORK; CLAIMS loo Authorized Changer in the Work A. Without my the Agreement and without notice to Any surety, OWNER may, at any time or from turne to tune. order additions, deletions, or revisions ui the Work by a Written Amendment, a Chute Order, or a Work ChangeDirective Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). H IfOWNER and CONTRACTOR are unable to agree on entitlement 10.02 Unouthonmd Changes to the Work A, CONTRACTOR shall not be entitled to an increase in the Contact price or an extension of the Contract Tintes with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in paragraph 3.04, except in the case of an emergency as provided in paragraph 6,16 or a, the case of uncovering Work as provided in paragraph 13 1142, A. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Anicittiments) covering - 1. chang to the Work which are. (a) ordered by OWNER pursuant to paragraph 1001 A, (til requir(:d because ofacceptanDs of defective Work underpat-a"li 13 08A or OWNER's correction o(clefiective Work tinder parapVh 13.09. or (iii} agreed to by the parties, 2 changes in the Contract Price or Contract Times which are agreed to by the parlies, includingany undo-,puted sum or amount of time for Work actually performed in accordance vitt a Work Change Directive, and 3 changes in the Contract Prim or Conlract Tunes which embody the subsLarwe ofany written decision ren red by ENG ER pursuant to pzragraph 10.05-, provided lbid, in lieu of executing any such ChLW Order, an appeal may be taken from any such decision in ac=danca with the prowicris of contract Docurnords and applicable La vis and Regulations, but during any such Appeal, CONTRACTOR shall carry on the Work and Adhere to the progress schedule as provided in paragraph 6. IS.A. 10.04 Notification to Surety A. Ifootice of any change affecting the general scope of the Work or the provisions ofthe Contract Documents (including, but not limited to, COVIUMd Price or ContractTunes) is required by the provimons of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility The amount of each Applicable Bond will be Adjusted to reflect Uta effect of any such change 10,05 Claims andAspufos A. Notice: Written notice Ailing the g Dab= of each CIR111% dispule, or othermallisr shall be delivered by the claimant to ENGINEER and the odic, party to the Conbad promptly (but m no event later than 30 days) After the Sian of the overd givingrisellawo. Notice ofthe amounLorBxtentoftkCiaum, dispute, or other matter with supporting dab shall be delivered to the ENGMER and the other party to The CouLract within 60 days after the start of such event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of such Claim, dispute, orother matter). A claim for an ar4astruent in Coneiratt Price shall be prepared in Accordance with the provisions of paragraph 12,01.13. A Claim for an adjustment in Contact Time shall be prepared in accordance with the provisions ofpuasrapb 12.02,B. Each Claim shall Me �ed to _t.RLecnt the entire Adjustment to which the claimant believes it is entitled as a result of said event, unless 01herwise, clearly stated The Opposing party shall submitany response cc; ENGINEER and the claimant wtithurt 30 days afler receipt ofthe claimant's last submittal (unless ENGINEEk allows additional time) B EAMSER's Decision ENGINEER will render formal decision after receipt of the Just: submittal of the clan or the last submittal of the opposing party, if any ENG[NEER'q written decision on such Claim, dispute, or other matter will be final and binding upon OWNER and CONTRACTOR unless - 1 an appeal from ENGINFER's decision is Laken within the time ismils and is accordancewith the dispute resolution procedures set forth in Ar6cle 16, or 2 if no such dispute resolution procedures have been set forth in Article 16, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within 30 days after the dale of such decision, and a formal 9ro(:ccduiP is "itutcd by the appealing party in a forum of competent itinizilicuon within 66 120 days aflor the date of such decision or ,"thin 60 L10 days ager S Libstanti�al Cornplellonichever is later (unless otherwise agreed in writ Ing by OWNER and CONTRACTOR). to exercise such righis or remedies as (&- appealing party may have With respect 40 such Claim, dispute, or other m7mer in art oidanco with aprAicable Law and Regulations 7, D No Claim for an adjustment in Contract Priet or Contract Times (or 1, ON & O, M, Ai. -w ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCE PRICE WORK 11.01 Cost ofthe Work A. Cow Included., The term Cost of Work means dies of all costs neincssardy incurred and paid by CONTRACTOR in the proper performance of am Wrair. When the value of any Work covered by a Change Order or when a Claim for an ad*tment in Contract Price is deteirsained on the basis of Cost of the Work, the costs to he reimbursed to CONTRACTOR will be only those additional or incremental costs requimd because ofthe change in the Work or of the evens gtmgnse in the Claim Exceptasotherwits maybe agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing In the locality of the Project, shall include only the following item, and shall not include any ofthe costs itemized in paragraph I1-01.9, L Payroll costs for employees in the direct. employ of CONTRACTOR in the pearcrouice of Work under schedules of job classificittimis agreed upon by OWNER and CONTRACTOR, Such employees shal] include without limitation superintendents, foreniM and othortiegsomel employed full lime at the Site Payroll costs for employees not employed foil fim on the Work shall be apportioned on the basis of lbeirtimespanictrithe Word, Payroll costs shall triclude, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions. unemployment, excise, and Payroll taxes, workers' o health and retirement benefit.% boauses, sick leave, vacation and holiday pay applicable thereto, The expenses ofperforrinag Work oukide of regular working hours, an Saturday, Sunday, or legal holidays, shall be Included in the above to the extent EU(hDliZCd by OWNER. T- .1, w 117� MOM' IM -1 0rT PQWJU Suppliers' field services required in conirccLion therewith, All cash 3 Payments made by CONTRACTOR to Subcontractors for Work performed by Su actors. If reclaved by OWNER, CONTRAC- TOR shall obtain competitive bids from subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER, who will then ddernine, with the advice of ENGINEER, which bids, Lfany, will beanceptable If any subcontract pt a v, dts that the Subcontractor is to be paid on the basis at Cost ofthe Work Plus a foe, the Cod Of the Work and fee shall be determined in the same maurter as CONTRACTOR's Cost of the Work and fee as provided in this paragraph 1101 4 Costs of special consultants (including but not limited to engincas� arclutects. testing laboratories, surveyors, attorneys, and aci.,cun tanLs) employed for services specifically related to the Work 5 Supplemental costs including the following a The proportion of nau%sary transportation, travel, and sulistaenoe e Venscs ofCON TRACTOR. s employees incurred in dis- charge of duties connected with the Work - b Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work and cost less market value, ofsuch it used but not consumed which remain the property of CONTRACTOR. c Rentals of all construction equipintatt and machinery, and the parts thereaCwhetlitr rented from CONTRACTOR oro in accordance with rental agreements app?aved by OWNER with the advice of ENGINEER, and the Losta of transportation, loading, unloading, awmitubly, ibsirwilfing, and removal thereof All such costs shall be in accordance with the Le rms of said rental agr&ements The reftW of any swh equipmenL machinery, or parts shall cease when the use th,reof is no longer necc%sary for the Work d Sales, consumer. use, and other similair taxes related to the C. Deposits lost for causes other than negligence Of CONI RACI OP, any Subcontractor. or anyone directly or indirectly empiloyM by any of them or for whose act any of them may be liable, and royally payments and fees for permits and licenses L Losses and damages (and related expenses) caused by damape to tilt Work, not compensated by insurance or othewise, sus- tained by CONTRACTOR in connection with the performance ofthe Work (except losses and damages within the deductible amounts of property Insurance atablished in aimardance with paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligcrice of CON17RACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acLs any of them may be liable Such losses shall include settlements rim& with the wrinert consent and approval orOWNER. No PA losses, damages, and expm= shall be included in the Cost oftba Work for the purpose otdell rn'tin"ng CONTRACTOR's fee It, Minor expenses such as telegrataiis. long di telephone calls, telephone servjcB at the Site, expressage. and similar petty cash items in connection with the Work i Wiricrithe Cost ofthe Work is used to determine the value of Change Ortler or of Claim, the cost ofprtniium for additional Bonds and insurance required becituse ofthe changes in the Work or caused by the event giving rim to the Claim. j, When all the Work is performed on the basis Of Cost-plU14 the Costs Of premiums for all Bonds and insurance CONTRACTOR is required by the Conti Documents to purchase and maintain, B Costs Exrluded- The term Cosi ofthe Work shall not include say of the following items: I L114119CEIM I Payroll cast- and other compensation of CONTRACTOR's officers, executives, principals (of parincrsilips and sole proprietorships}, general managers, engineers, uchilects, esltmatoy%, atiorne". Auditors, accountants, purchasing and contracting agents, expediten, timekeepers, clerks. and other personnel employed by CONTRACTOR, whether at the Site or in CONTRACTOR °s principal or branch office for general admimdration of Work and not specifically included in the agreed upon schedule of job classifications rarcri-ed (a in paragraph I LO I A I or specifically covered by paragraph I L01 A 4a all of which we to be considered adminiVrativc costs covered by the CONTRACTOR's fee. 2 Expenses of CONTPLACTOR's principal and branch oill"icus other th 3, Any pirt ofCONTRACTOR's capitA eW-nses, W'cluding 461erc2t -*v, CONI RA C i OR *s ra�*al eAplty�.,t & t 0,ugeq, against CONTRACTOR for delinquent payments. 4, Costs due to the negligence of CONTRACTOR. any 1Ar 00 "M 0,11m, 001441101 10 all I supplied, arid nialcing good Any damage to property. 5 Other overhead or Vanctral expense costs of any kind and the costs of any item not svecifically and expressly includei in paragrapto I 1 -0 1 A and I 10 1 B MEMO= m6111166', ON g, - - 4-17MVP ' I cost bi oak down tGgethcr with supporting data 1102 Cash Atfowanceg A- It is understood that CONTRACTOR has included in the Contract Work so covered to bptable to OWNER and ENGINTP It CONTRACTORagireeslh& F1 I ffy—y-TILZ4111,031 1103 UFTUPnce W<wk VAIVI =1 Aug BEitch unit price will be deemed to include an amount consider d by S ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES . ....... . ... . .... . ........... R011M. i , 1, I " U61,111-4611MY 110'"UI W, A.INISTUMIj 01j ll �A Q a -L��ILiJNLLK and the otier party to me uontract in accurunnecF- provisions of paragraph 10 05, B ne value at any Work covered by a Change Order crofany Clains for an adjustment in the Com tact Price will be determined as follows, I vthere the Work involved is covered by unit prices contained in the Contract Documents, by application of'such ur�t prices to (he quantities orthe Items involved or 2 wberethe Work involved is not covered try unit prices cotitaLM 17, 6'r effla&w,"Te, T.*- tually agree n v sum 60zich-mW vdd 1jurn k wrimmi -I al I . . . . . . . . . . . . . . R -= 7717 lien rcexlnr rine .... . .. ....... 1202 Change ofConiracir Times A TheConsact Tunes (or-Miledones) may only be changed by a Change dkder or by a Written Arricnilinent. Any Chun for an adjustment in the Contract Times (or Milestones) shall be based on written notice submitted by the party making the claim to the ENGINEER and the other party to the Contract in accuidanr t; with the provisions of graph 10.05 B. Any adjustment ofthe Contract Tunes (or Milestones) covered by Change Order or of any Claim for an adjustment in the Contract Tunes (or Milestones) will be determined in accordance with the provisions of this Article 12 WINU11111111192 5171-0 �-# 0 �Ir- A- Where CONTRACTOR is prevented from completing any part ofthe Work withm tire Contract. Tim (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Tunes (or Milestones) will be extended in an amount equal to the time lost due to such delay if a Clasen is made therefor as provided in paragraph 12,02.A. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility oAws or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. A. The ConlradTiurs(or Milestones) will not be extended due to delays within the control ofCONT RACTOR Delays attributable to and within the control of Subcontractor or Supplier shall be deemed to be delays within the control ofCONTRACTDR. AR is prevented from completing any W ofthe Work wKhin the Condraclit Times (or Milestones)-duc+o-&��tl oFboextension ofthe Contract Times (or Milt -stones) in an miount equal to the timis lost due to such delay shall be CONTR-ACTOR's sole and exclusive remedy for such delay. A. In no event shall OWNER or ENGINEER be liable to CONTRAC- TOR, any SubeartUacLor, any Supplier, or any other person or organization, or to any surety for or employee or agent of any of them for damages arising out of or resulting from any delay; of myeac whmn-eVA4ER-iir�biv. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice ofl)efects A- Prompt notice ofRU defective Work ofvAdch OWNER or ENGINEER las actual knowledge will be given to CONTRACTOR- All defective Work may be rejected, conw-lte-t or accepted as provided in this Article 13, 13,02 Access to Work A. OWNER, ENGINEER, ENGINEER's Consultants, other omonnel of OWNEK itriemndkni testing, laboratories, and governmental agencies wAli jurmcliclional interests will !race access to the Site and the Work at reasonable times for their observation, inspecting, and testing CONTRACTOR shall piovidu them proper and safe conditions for such access and advise them GfC*NTF-AC I -OR s Sitc safety procedures and program so that they may comply therewith as applicable 1303 Teirsand Impecrions A. CONTRACTORshall give ENGINEER timely notice ofreackness of Use Work for all required inspections, tests, or approvals and shall cooperate with inspection and lasting personnel to facilitate required inspections or tests B. OWNER shall employ and pay for the services of an tridepri4ent testing laboratory to perform all inspections. !acts, or approvals reeuvcd by the Contract Documents except I for inspections, testy, or approvals covered by parzgraphs 13.03 C and 13 03 D below, 2 that costs incurred in connection with tests or irisptdioms condi pursuant to paragraph 13 04 B shall be paid aas provided in said paragraph 11104 B; and 3 as otherwise specifically provided in the Contract Documents C IfLaws or Regulations ofany public body having jurisdiction require any Work (air part thervol) specifically to be InSPLUled, tented, or approved by an employee oro representative of such public body. CONTRACTOR shall assurritifilp responsibility for affariging and obtaining such inspections, tests. or approvals, pay all costs in connection therewith, and furnish ENGINEER the required cert,.ficafc,: of inspection or approval D, CONTRACTOR shall be responsible for arranging and obtaining and shall pay all oasis in connection with any inspections, tests. or approvals required for OWNER's and ENGINEEWs acceptance of materials or equipment to be in the Work; or acceptance of materials, mix designs, or equipment submided for approval prior to CONTRACTOR's purchast thereof for incorporation in the Work Such ins ions, tests, or approvals shall be performed by organizations acceptable to OWNER and ENGINEER. E If any Work (or The work of others) that is to be u3spectod, te-OAA or approved Isco by CONTRACTOR without written concuffence ofENGI- NEER, it must, ifrequested by ENGINEER, be uncovered for observation F Uncovering Work as provided in paragraph 1303.E shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely randoe ofCONTRACTOR's intention to cover the same and ENGINEER has nota with reasonable promptness in response to such notice. 13.04 Uncoveniije Work A. If any Work is covered contrary to the written request ofENGIN EER, it must, if requested by ENGINEER, he uncovered for ENGINEER's observation and mplaced at CONTRACTOR's expense. B If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENG ER's request, shall uncover, expose. or otherwise make available for observation, inspection, or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment, If K is found lhAsuch Work is defect ive, CONTRACTOR shall pay all Claim, costs, lossea, and damages (including but not limited to all fees AM charges of engineers, architects, allornevs, and other professionals and all court or arbitration oro dispute resolution costs) wising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or rephoomest ofwark of others): and OWNER shall be entitled to an approlanate deciream in Use Contract Prim If the parties are unable to agree as to the amount thereof OWNER may make a Claim therefor as provided in p 10.05. If, however, such Work is not found to be defec:tiv e, CONTRACTOR shall be allowed an m=m in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, observation, inspection, tesfin& replacement and reconstruction, If the parties are unable to agree as to the wriount orextent thereat CON TRACTOR may make a Claim therefor as provided in paragraph 10.05. 13 05 OUNF.R Aifay Stop the Work A- If the Watt Ls defective, or CONTRACTOR fails to supply eufficienl skilled -ookers; or suitable materials or equipment, or fails to perform the Work in such a way shat the oompleied Work will conhorm to The Contract Documents. OWNER may order CONTRAC TOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work OW noL gnt nse to any duty an the part of 0 %k'Nl--.R to exertse this right for the benefit of CONTRACTOR, any Subcontractor, any Supplier, any ether individual or entity, or any surety, for, or employee or agent ofany ofthem. 1306 Correction or Removal a(Defective Work A. CONTRACTOR shall correct all defective Work, whether or not fabricated, installed. or cornpleltd or, if the Work has been rejected by EN01- NEEP, remove it from the Project and replaced withWorkthat is not defective CONTRACTORshall pay ah Claims, costs, losses, and damages (including but not limited to all fes and charges of enguicers, architects, attorneys, and other allcourtorarImbaitur) or other dispute resolution costs) arising out oforritimiAglo such correction or rtmovial (includinglitit not limited to all costs orrepair or replacement ofwork of others) 1307 Correction Period A. If within one year after the date of Substantial Completion or such longer period of time as may be pr=ribed b) Laws or Regulations or by the terms of any applicalik, special guarantee reqtltrcd bythe Contract Documents orbyanyspeci.ficproviuon oftbe Contract Documents. any Work is found to be defective, or ifthe repair of any damages to the land or areas made available for CONTRACTOR's use by OWNER or permitted by Laws and Regulation.,: as contemplated in paragraph 6 It A is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instrucUons: (t) repair such defective land or areas, or (u) correct such &kdive Warkor, ifthc defecl ive Work has been rejected by OWNER, remove it from the Project and replace it with Work that is not defective, and (iii) satisfactorily corrent or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom IfCON TRAC- TOR does not promptly comply with the terms of such itistrucCions, or in an emergency where deliy would cause serious risk of loss or damage, OWNER may have the derective Work corrected or repaired or may have the rejected Work rernovetl and replaced, and all Claimt, cogs. losses. and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professiorials and all cote. or at bitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (inoludmg but not limited to all costs of repair or replacement ofwork of'others) will be paid by CONTRACTOR, B In special where a particular diam ol"eqisipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. C, Where detective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph 13.07, the caredion period hereunder with respect to such Work will he extended for an additional period of one year after such correction or removal and replacement has been saUsfiezilicitily completed. D. CONrRACrOR's obligations under this paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any app6cable statute of cation or repose A. If, instead of requiring correction or removal and replacement of defective WOWNER (and, prior to ENGINEER's racummendation offmal payment, ENGINEER) prefers to accept it OWNER my do so CONTR4,CTOR shall pay all Claims. costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, uW other professionals and all court or arbitration or other dispute resolution Costs) attributable to OWNER's evaluation of and determination to accept such dedbative Work (such costs to be approved by ENGINEER as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by COKrMCTORpursu&nLto this sentence. If any such acceptance occurs prior to ENGINEER's recommendation offinal payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with rasped to the work, anif OWNER shall be entitled to an appropriate decrease in the Contract Price, reflecting the dimar'shed value ofWark so accepted if the paries are unaille to agree as to the amount thereof, OWNER may make a Clauti therefor as provided m paragraph 10.05. If the acceptance occurs after such FLconuriendation, an approvisaic amount will be paid by CONTRACTOR to OWNER 1309 OffKER Afay Correct Defective work A. LfCONTRACTOP fails within a reasonable time after vinitten notice from ENGINEER to correct defective Work or to remove and replace rejeclad Work as required by ENGINEER in accordance with paragraph 13 66 A, or if CONTRACT OR fails to perform the Work in accordance with the Contract Document% or & CONT RACTOR faits to comply with any other provision of the Contract Documents, OWNER may, after seven days written notice to CONTRACTOR, correct and remedy any such deficiency B. In exercising the rights and remedies under this paragraph, OWNER shall proceed mpeditiously In connection %with such GOTTeOlVe and remedial actio; OWNER mayexclude CONTRACTOR from all or pro ofthe Site. Lake possession of all or put of the Work and suspend CON FR AC"!CSR's services related thereto, Ink@ possession of CONTRACTOR's fools, appliances:, can- anudion equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR,bul which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNER's other contractors, and ENUNEFETC and ENGINEER's Consultants access to the Site to enable 0 WN ER to exercise the nghts, and remedies under this p C All Claire; costs, lossm and damages (-eluding but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred orsustained by OWNER in exercising the rights and remedies under this paragraph 13.09 will be charged against CONTR1tC1 OR, and a Change Order will be issued incorpo- rating then revisions in the Can Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in Oat Contract Price. If the parties are unable to agree as to Uic amount of the adjustment, OWNER may make a Claim therefor as provided in paragraph 10.05 Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacemamt of work of others destroyed or damaged by correction. removal, or replacement ofCON TRACTOR's defective Work D. CONTRACTOR shall not be allowed an extension of the Con(rau Times (at Milestones) because of any delay in the performance orthe Work attributable whe exercise by OWNER of OWNFR's rights and remedies under Otis paragraph 13-09. ARnCLE 14 - PAYMENTS TO C014TRACTOR AND COMPLETION 11--1 . ..... . . . ... ... . ........ . . . 14-01 Schedule of Value: A. The schedule of valuta established as provided in paragraph 2.07,A will seirve as the basis for piWess payments and will be incorporated into a form ol'Appliciaitin for Payment acceptable to ENGINEER- Progress payments on &=unt orUnit. Price Work will be based on th e number afunits compigirA 14.02 Progress Payments A. Applications for Payments I At least 20 days before the date established for each progress payment (but not more oftm than once a month), CONTRACTOR shall stAimit to ENG INEERfor review an Application for Payment filled out and siiby CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is requfired by the; Contract Documents. Zpayment is requested on the is ofmiterials; and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be acro ed by a bill of sale, invoice, or adw documentation. warranting that OWNER has received the maLedals and aWipment five and clear of all I -icrs and evidence that the materials and equipment are covered by appropriate property insurance or other arrange- incide to protect OWNER's interest therein, all ofwhich must be satisfactory to OWNERL 2. Beginning with the second Application for Pa t, each Applications include in affidavit of CONTRACTOR stating that all previous progress payments received on account of the Work have been applied on account to discharge CONTRACTOR's legitimate obligations associaled taith prior Applications for Payment 3 The amoud ofrcWnage with respect to pro -grecs payments vaill he as copulated in the Agreement 1 Review o(Applicarinns 1 ENGINEER will, within 49 L4 days after receipt of each Application for Paymcnt, either indicate in writing a recommendation of payment and present the Application to OWNER or return the Application to Ct MCRACTOR indicating in writing ENGINEER's reasons for refusing fa pa)menL In the latter case. CONTRACTOR may make the necessary correcitons and resubmit the Application. 2 ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER's observations on the Site of Ilse executed Work as an experienced and qualified design professional and on ENGINEER's review afthe Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief- a_ elief a the Work has progressed to the point indicated, b the quality oftbe Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a Gaal determination ofquantilies and classifications for Ural Price Work under paragraph 9,09, and to any other qualifications stated in the reeoinmendation), and a, the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled in so far as it Ls ENGINEER's responsibility to observe the Work 3. By recoffirowding any such payment ENGINEER will not thereby be deemed to have represented that: (i) inspections made to check the quality or the quantity ofthe Work as it has been performed have been exhaustive, extended to every aspect ofthe Work in progress; or involved Mailed inspections ofthe Work beyond the responsibilities specifically as- signodlo ENGINEER in the Contract Documents; or (ii) that there may not be other mam or issues between the parties that mnght entitle CONTRAC- TOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 4, Neither ENGINEEWs review of CONTRACTOR's Work for the purposes of recommending payments nor ENGINEER's reeommencia- lion ofany payment, including final payment, will impose responsibility on ENGINEER to supervise, direct, or control the Work or for the means, es, sequences, or procedures of lion, or the safety precautions and programs incident thereto, or for CONTRACTOR's failure to comply with Laws and Regulations applicable to CONTRACTOR's performance ofthe Wale Additionally, said review or recommendation will oat impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes CONTRACTOR has used the moneys paid err account of the Contract Price, or to determine that title to any ofthe Work, materials, orequipment Inas passed to OWNER free and clear of any Liew. 5. ENGINEER may refuse to recommend the whole or any part of any payment i$ in ENGINEER's opinion, it would be intoned to make the representations to OWNER referred to in paragraph 14.02.13.2, ENGI- NEER may also refuse to recommend any such payment or, because of subsequently discovered evidence orthe results ofsubsequent inspections or tests, revise orrevokc any such payment recorrimcridirfion previously made, to such extent as may be ntce=ary in ENGINEER's oPution to protect OWNER from loss because_ a. the Work is defective, or completed Work has been requiring correction or replacement; b. the Contract Price has been reduced by Written Amendment or Change Orders; c OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13 09; or d. ENGINEERhas actual knowledgeofthe occurrenceofany of the events enumerated to paragraph 15.02.A. C, J'ayrneni Becomes Due ,I Ten days after presentation of the Application for Payment to OWNER with ENGINEER "s recommendation, the amount recommended will (subject lathe provisions of paragraph 14.02.D) became due, and when due will be paid by OWNER to CONTRACTOR. 2 Not withdandMg.the above naragranh. if the Work is to beamid for from monies received by the OWNER from other entities such as orant fun_& letter-of-cre& etc) and where the OWNER must make aaplicefion in order to receive said monies. the OWNER olay_t up Loan additional 45 days for payment to accomplish said application D Reduction in Payment I OWNER may refuse to make payment of the full amount recommended by F.NGINLER becausei a claims have been made against OWNER on account of CONTRACTOR's performance or f wiishutg of the Work; b Liensbave been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, C. there are other items entitling OWNER to a set: off agatnst the amount recommended; or d OWNER has achud knowledge of the occurrence of any of Lheevents criumariled in paragraphs 14,02.1.5 a through 14,02 B 5.c or paragraph t5.02.A. 2. If OWNER refuses to make payment of the full amount recommended by ENGINEER, OWNER must give CONTRACTOR immediate wripen notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR any amount remaining after deduction of the amount so withheld. OWNER shall promptly pay CONTRACTOR die amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER's satisfaction the masons for such actino 3. If it is subsequently determined that OWNER's refusal of payment was not justified, the amount wrongfully wilhbeldshail be treated as an amount due as determined by paragraph 14.02.C.I 1403 CONTRACTOR's Warranty of Tirle A CONTRACTOR warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incurpnnidad inthe Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens - 1404 Substantial Completion A When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the aunt Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Cornplelion. Promptly LhereaAer, OWNER, CON- TRACTOR, and ENGINEER shalt make an inspection ofthe Work to determine the status of completion. If ENGINEER dors not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. V ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative cerlifhcale of Substantial Completion which shall fix the date of Substantial ration. There shall be attached to the certifroaie a tentative list of iters to be completed or corivdrd before final payment OWNER shall have iteven 20— days ®days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions ofthe ce&ficate or attached list. 007200-23 Q-41plaw-M-1 OWWWWRium. wol B OWNER shall have the nghtto exclude CONTRACTOR from the 1405 Partial Utilization A. Use by MVNT-.R at OWNER's option of any substantially completed part of the Work which has specifically been identified in the Contract Docu mml-% or whichOWNER, ENGINEER. and CONTRACTOR agree constitutes a soparalely functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following condition; I OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete If CONTRACTOR agrees that such pan of the Work is substuttially complete. CONTRACTOR will certify to OWNER and ENGINEER that such partofthe Work is substantially complete and request ENGINEER to issue a certificate of Sub slaritial Completion for 0111 part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in witting thatCONTRACTOR considers any such put of the Work ready for its' use and sub%isxiiiiilly complete and request ENGINEER to issue acarlifiMe of Su tial Completion for Thal part of the Work. Within reasonable lime after either such request, OWNER, CONTRACTOR, and ENGINEER make an inspection of that pad of the Work to de inc its status of completion, If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers LW part of the Work to be substantially complete, the provisions of paragraph 14.04 will apply with riespect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 2, No occupancy or separate operation of put of the Work may occur prior to compliance with the requirements of paragraph 5.10 regarding property insurance, 1406 FinalInspection A. Upon wriden notion from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will promptly make a final inspection with OWNER, and CONTRACTOR and will notify CONTRACTOR, in writing of all particulars in which this inspection rev eab that the Work is incoiMIdea detimitrve CONTRACTOR "I immediately take such measures as am necessary to complete such Work or remedy such deficiencies. 1407 Final Payment A. ApplicanonforPayment 1. After CONTRACTOR has, in the opinion of ENGINEER, sabdiidorily completed all corrections identified during the fatal inspection and has delivered. in accordanca with the Contract Documents, all main - and opciating instructions, schaduiles, guarantees, Bonds, certificales: oro thar evidence ofinsurance certificates ofinspection, marked -up record documents (as provided in paragraph 6 12), and other documents, CON- TRACTOR may make application for final payment following the procedure for progress pa is 2 The firial Application for Payment shall be accompanied (except aspreciously delivered) by (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5 04 B 7, (ii) consent of the surety, if any, to final payment, and (16) complete and legally effective releases or waivers (satisfactory to WNCR) of all Lien rights arising out of or Liens filed in connection with the Work 3 In lieu ofthe releases or waivers of Liens specified in paragraph 14,07 A 2 and as approved by OWNER. CONTRACTOR may hinush receipts or releases in full and an affidavit of CONTRACTOR that (i) The rel receipts include all labor, services, material, and equipment for which a Lien could be filed-, and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property aught in any way be responsible have been paid or otherwise satisfied If any Subcontractor or Supplier flails to furnish such a release or receipt in ffill, CONTRACTOR may furnish a Bond or other collateral sataactory to OWNER to indemnify OWNFR against any Lien B Review ofApplicatton and Acceptance 1. K on the basis of ENGINEER'S observation ofthe Work during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation as cetluticyl by the Contract Documents. ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligaiions under the: Contract Documents have been fulfilled, ENGINEER will, within ten 1_4 days after teceipt of the final Application for Payment, indicate in writing LNGINEER's recommendation ofpayment and present the Application for Pa to OWNER for payment. At the same tune ENUNEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.09, Otherwise, ENGINEER will return the Application for Payment to CONTRACTOR, indicating in writing the reasons for refusing to recommend firval payment, in which ease CONTRACTOR shall make the necessary coirrections; and resubmit the Application for Payment. NMGMMMMe� I. Thirty days after The presentation to OWNERofthe Application for Payment and accompanying documentation, the amount recommended by ENGINEER will become due and, when due, will be paid by OWNER to CONTRACTOR - n 10, 75,11 i1wit-RAP11 illf-I Vim", 11,04 0-1 -101-5 A. I& through no fault of CONTRACTOR, final completion of the Work is significantly delayed, and if ENGINEER so confirm, OWNER shall, upon rv=pt ofCONTRACTOR's final Application for Payment anid recommendation of ENGINEER, and withoutterimnating the Agreememi, make payment ofthe balance due for that portion ofthe Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less am the retainage stipulated in the Agreement. and if Bonds have b"n furnished as required in paragraph 5 01, the written consent ofthe sur ety to the payment of the balance due for that portion of the Work fully completed and acce;Aed shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14,09 Waiver of Claims A. The making and acceptance offinall payment will constitute, 1. a waiver of all Claims by OWNER against CONTRACTOR, except Claims imising hom unsettled Liens, from defective Work appearing alter final inspection pursuant to paragralih 14,06, from failure to comply with the Con trad Documents or the terms of any special guarantees specified (herein, or from CONTRACTOR's continuing obligations under the Contract Documents, and 2 a waiver of all Claims by CONTRACTOR agauwt OWNER other than those previouslymade m%Tibrigwinchare still unsietiled ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15 01 OHWFR.Vay Suspend Work A At any time and without cause, OWNER may sustiond the Work or any portion thereciffor a ptiod ofnot more than 90 consecutive days by notice in writing to CONJ RACTOR and ENGINEER wlucb will fax the date on which Work will be resumed CONTRACTOR shall resume the Work on the date so fixed CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such rusperision d`CONTR.ACTOR makes a Claim therefor as provided in paragraph 1005 1502 OXWER May Ternimate for Cause A The occurrence ofany one or more of the following events will justify termination for cause. I CONTRACTOR's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equip - merit or failure to adhere to the progress schedule established under paragrapb 2 07 as adjusted from time to tit nL pursuant to paragraph 6,04). 2 CONTRACTOR's disregard of Laws or Regulations of any public body having jurisdiction, CONTRACTOR's disregard ofthe authority of ENGINEER, 4 CONTRACTOR's violation in any substantial way of any provisions ofthe Contract Documents B If one or mote: of the events identified in paragraph 15.02-A occur. OWNER may, after giving CONTRACTOR (and the surety, if aHyl seven days written notice, terminate the services of CONTRACTOR, exclude CONTRAC- TOR from the Silt, and take possmion of One Work and of all CONTRACTOR's tools, appliances, consitructionequipment, and machinery at the Site, and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or coriver- sion), incorporate in the Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but %litch are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Work: is finislied Ifthe unpaid balance ofthe Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, allomeys, and other professionals and all court or arbitration or other dispute resolution costs)sustained by OWNER wising out of or relating to completing the Work, such axe= will be paid to CONTRACTOR Tsuch claims, costs, losses, and damagcs exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER Such claims, costs, losses, and damages incurred by OWNER will be reviewed by ENG INEERns(o their reasonableness and, whenso approved by ENGINEER, incorporated in a Change Order, When exerrising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work perfwmed. C Where CONTRACTOR's services have been so tenninaiad by OWNER, the terurtination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys; due CONTI RAC TOR by OWNER will not release CONTRACTOR from liability. 15.03 OWNERM-ay Terwrinale For Cotrverzience A- Upon—days-ift notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other light or remedy ofOWNER, eIBdiok:minatcthe Con[racL In such case, CONTRACTOR shall be paid (without duplication ofany items). 1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date oftermistation, including fair and reasonable sums for over and profit on such Work; 2 for expenses sustained prior to the effective date of termination in perfarrining services and fi,mislurig labor, materials, or equipment as re- quired by the Contract Documents in connection with uncompleted Work. plus fair and reasonable sums for overhead and profit an such expenses; 3 for all claims, costs, losses, and damages (including but not limited to all fees and charges of engineer.q, architects, attomr%.s and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts; with Subcontractors, Suppliers, and others, and 4 for reasonable expenses directly allnbutable to teratination B CON1 XAC1 OR shall not be paid an account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination 1504 CONTRACTORMay Stop Work or Terminate A. If, through no act or fault of CONTRACTOR, the Work is suspended for more than 9D consecutive days by OWNER or under an order of court or other public authority. or ENGINEER rails to set on any Application for Payment within 30 days aller it is submitted, or OWNER fails for 30 days to pay CONTRACTOR any sum fatally determined to be due, then CONTRACTOR nay, upon seven days written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that tune, terminate the Contract and recover from OWNER payment on the same Icirrins as provided in paragraph 15 03, In lieu oft acing the Contract and without prejudice to any other right or remedy, if ENGINEER has failed to act on on Application for Payment within 30 days after it is submitted, or OWNER has failed for 30 days to pay CONTRACTOR any sum finally daterinmed to be due, CONTRAC I OR may, seven days after written notice to OWNER and ENGINEER, stop The Work until payment is made of all such amounts due CONTRACTOR, including interest thereon The provisions of this paragiapi) 1504 are not interided to prechide CONTRACTOR front making a Claim undei paragraph 10 05 for an adjustment in Contract Price or Contract Times or other- wise fore or dantage directly attributable to CONTRACTOR's stopping the Work as perriiitted by this paragraph ARTICLE 16 - DISPUTE RESOLUTION .... ............... ..................... _., ......... 1601 Methods and Procedures A- Dispute resolution methods and procedures, if any, shall be as set forth inthe Supp lernerdwyCondition& Too method and procedure has been set forth, and subjedto the provisions of7paragraphs 9.09 And 10,05. OWNER and CON- TRACTOR may exercise !acb tights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect ofany dispute ARTICLE 17 - MISCELLANEOUS 17,01 Giving Nonce A- Whenever any provision ofthe Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in p erson to the individual or to a member of the firm or to an officer of the corporati on for whom it is intended, or if delivered at or sent by registered or ccrtiW mad, podage prepaid, to the last business address known to the giver of the notice. 17,02 Computation of Times A. Wheri any period oftime is referred to in the Contract Documents by days it will be computed to exclude the first and include the last day of such period If the I&A day ofany such period falls an a Saturday or Sunday or on a day made a legal holiday by the law ofthe applicable jurisdiction, such day will be omitted from the computation. 1703 CunrulaimRamedies A. Ile duties and obligations imposed by these General Conditions and therights and remedies available hereunder to the parties bercto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to Any or all of them which are otherwise imposed or a%-mlable by Laws or Regolalions, by special warranty or guarantee, or by other pKcivmom ofthe Contract Documents, and the provisions ofillis paragraph will be as effective as if repeated zTecifically in the Contract Documents in cormciUm with euh particular duty, obligation, right, and remedy to which they apply it �= A All representations. mderanificatoons, warranties, and guarantees made in, required by, or gi ven in accordance with the Contract Documents, as well as all mntinutrig obligations indicated in the Contract Documents, will survive Fuial payment, cninpleiion and acceptance ofthe Work or termination or completion ofthe Agreement 17 05 Controlling Law A This Contract r; to be governed by the law of the state, in which the Project is Iricalect. 007200-26 SUPPLEMENTAL GENERAL CONDITIONS Yrs i The terms used in these Supplementary Conditions that are defined in the Standard General Conditions of the Construction Contract have the meaning assigned to them in the General Conditions, except for the terms "General Requirements." The term "General Requirements" is not applicable to this Contract, and items referenced as appearing in that section will be located in the Technical Specifications or these Supplemental General Conditions. The term "Substantial Completion" is further defined as follows: Substantial Comoletion - Additional Clarification The project shall not be considered Substantially Complete until the following minimum conditions have been met: 1) All major individual items of construction must be sufficiently complete in accordance with the Contract Documents so that the individual item of construction can be utilized for the purposes for which it is intended. 2) Required tests, such as air, hydrostatic pressure, water tightness, compaction, and others, including trial operating tests, as outlined in the Technical Specifications must be successfully completed. Any items that fail any of the tests must be corrected and retested. 3) A preliminary final inspection must have been requested by the CONTRACTOR and, allowing adequate time for the presence of all necessary parties, conducted by the ENGINEER. Such prefinal inspection must show that 1 and 2 above have been accomplished. The punchlist developed at the prefinal must not contain any major deficiencies. As of the date that items 1 through 3 above have been completed, the ENGINEER shall issue the Certificate of Substantial Completion, which shall act to initiate the guarantee period and to stop the assessment of additional liquidated damages (if the agreed-upon time has expired) as of that date. The Certificate shall provide a mutually agreed upon reasonable period of time for completion of the punchlist items, and failure of the CONTRACTOR to complete the punchlist items within this period shall be cause for the OWNER to reinstate the withholding of liquidated damages in the amount and under the terms previously specified in the Contract. Add the following definitions: The word "Approved" means to give limited, or conditional, or qualified permission to use material, equipment, or methods, the conditions being in strict compliance with contract document requirements. The words "Furnish", or "Install", or "Provide" mean to supply, make available, place and/or fix into position. These words are used interchangeably. The word "Inspection" means to make general, periodic visual observations of the material and installation, but not detailed continuous, or specific analysis of the same. The ENGINEER'S City of Paris, Texas 00 73 00 Page 1 of 8 Supplemental Conditions 9/10/2020 inspections are only a periodic, cursory construction review, and the CONTRACTOR is solely responsible for compliance with the Construction Documents. SC 3.03 Add the following language at the end of paragraph 3.03 of the General Conditions: In case of conflict between the drawings and specifications, the specifications shall govern. Figure dimensions on drawings shall govern over scale dimensions, and detailed drawings shall govern over general drawings. SC 4.02(A) Add the following language at the end of paragraph 4.02(A) of the General Conditions: The CONTRACTOR is hereby notified that the OWNER has not conducted subsurface soil investigations within the area in which the project is to be constructed. It shall be the CONTRACTOR'S sole responsibility to determine to his satisfaction the subsurface condition of the soil. All excavation is considered incidental to the amount bid for other items, and there shall be no additional allowance for rock excavation, or for unstable soils, if encountered. SC 4.03(A) Add the following sentence at the end of paragraph 4.03(A): Discovery of underground facilities at or contiguous to the site, which are not shown or indicated in the Contract Documents, or which have been mislocated by their respective owners, shall not be grounds for increase in the contract price, except that, for unit price contractors, payment shall be adjusted for increased or decreased constructed units of the various bid items resulting from realignment or rerouting, if said realignment or rerouting is deemed necessary by the ENGINEER. SC 5.04 The limits of liability for the insurance required by paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater, where required by Laws and Regulations: Worker's Compensation Statutory Applicable Federal (e.g. Longshoreman's) Statutory Employer's Liability: Bodily Injury by Accident or Disease, each employee $500,000 Aggregate $500,000 Comprehensive Commercial General Liability: Bodily Injury, including completed operations and products liability: $1,000,000 $2,000,000 Each Occurrence Annual Aggregate City of Paris, Texas 00 73 00 Page 2 of 8 Supplemental Conditions 9/10/2020 $1,000,000 Each Occurrence $2,000,000 Annual Aggregate Property damage liability insurance will provide explosion, collapse, and underground coverage, where applicable. 3. Personal Injury, with employment exclusion deleted: $1,000,000 Annual Aggregate Comprehensive Automobile Liability: $1,000,000 Combined single limits per accident, as respects all owned, non -owned, and hired vehicles Contractual Liability: The Contractual Liability required by the General Conditions shall provide coverage for not less than the following amounts: 1. Bodily Injury $1,000,000 Each Occurrence 2, Property Damage $1,000,000 Each Occurrence $2,000,000 Annual Aggregate Railroad Protective Insurance: When required in the Special Provisions, CONTRACTOR shall obtain, maintain and present evidence of railroad protective insurance (RPI). The policy shall be in the name of the railroad company having jurisdiction over the right-of-way involved and the City of Paris, Texas. The minimum limit of coverage shall meet the specifications provided by the railroad company or the minimum requirements of this specification, whichever is greater. The OWNER shall specify the amount of RPI necessary. Workers' Compensation Insurance Coverage A. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - Includes the time from the beginning of the work on the project until the CONTRACTOR'S/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in 406.096) - Includes all persons or entities performing all or part of the services the CONTRACTOR has undertaken to perform on the project, regardless of whether that person contracted directly with the CONTRACTOR and regardless of whether that person has employees. This includes, without limitation, independent CONTRACTORS, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which City of Paris, Texas 00 73 00 — Page 3 of 8 Supplemental Conditions 9/10/2020 furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all employees of the CONTRACTOR providing services on the project, for the duration of the project. C. The CONTRACTOR must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the CONTRACTOR'S current certificate of coverage ends during the duration of the project, the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The CONTRACTOR shall obtain from each person providing services on a project, and provide to the governmental entity: 1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2) no later than seven days after receipt by the CONTRACTOR, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the CONTRACTOR knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The CONTRACTOR shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project, to: 1) provide coverage, based on proper reporting classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all of its employees providing services on the project, for the duration of the project; 2) provide to the CONTRACTOR, prior to that person beginning work on the project, a certificate of coverage showing that coverage is City of Paris, Texas 00 73 00 Page 4 of 8 Supplemental Conditions 9/10/2020 being provided for all employees of the person providing services on the project for the duration of the project; 3) provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4) obtain from each other person with whom it contracts, and provide to the CONTRACTOR: a) a certificate of coverage prior to the other person beginning work on the project; and b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of change that materially affects the provision of coverage of any person providing services on the project; and 7) contractually require each person with whom it contracts, to perform as required by paragraphs 1) - 7), with the certificates of coverage to be provided to the person for whom they are providing services. By signing this contract or providing or causing to be provided a certificate of coverage, the CONTRACTOR is representing to the governmental entity that all employees of the CONTRACTOR who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the CONTRACTOR to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The CONTRACTOR'S failure to comply with any of these provisions is a breach of contract by the CONTRACTOR which entitles the governmental entity to declare the contract void if the CONTRACTOR does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. SC 6.02 Add the following sentence as paragraph 6.02, to read as follows: The CONTRACTOR shall reimburse the OWNER for any overtime compensation required to be made to Resident Project Representative and/or Owner's forces due to CONTRACTOR'S working hours before 8:00 a.m. or after 5:00 p.m., or on Saturday and Sunday. City of Paris, Texas 00 73 00 - Page 5 of 8 Supplemental Conditions 9/10/2020 SC 6.10 Delete paragraph 6.10 in its entirety and insert the following in its place: The OWNER qualifies for exemption from State and Local Sales Tax pursuant to the provisions of Title 34, Part 1, Chapter 3, Subchapter O, Rule 3.322(c) Texas Administrative Code. The CONTRACTOR may determine the extent of exemption and proper method for claiming same by contacting the office of the Texas Comptroller of Public Accounts at 1-800-252-5555. SC 6.13 Construction Safety The following language is added at the end of Section 6.13: In order to provide safety controls for protection to the life and health of employees and other persons; for prevention of damage to property, materials, and supplies; and for the performance of this Contract; the CONTRACTOR will comply with all pertinent provisions of the "Occupational Safety and Health Act of 1970" (84 Stat. 1590; 29 USC. 650 et seq.), with special attention given to "Part 1926 — Safety and Health Regulations for Construction, Subpart P - Excavations", found in 36 F.R. Number 75, Part II of the "Federal Register" dated April 17, 1971, and 36 F.R. 25232, December 30, 1971, and 54 F.R. No. 45959 dated October 31, 1989, and to CFR 1910 146 pertaining to work in confined spaces. The CONTRACTOR will maintain an accurate record of, and will report to the OWNER, exposure data and all accidents resulting in death, traumatic injury, occupational disease, and/or damage to property, materials, supplies and equipment incident to work performed under this Contract. The OWNER may notify the CONTRACTOR of any non-compliance with the foregoing provisions. The CONTRACTOR shall, after receipt of such notice, immediately correct the conditions. Such notice, when delivered to the CONTRACTOR or his representative at the site of the work, shall be deemed sufficient for the purpose. The CONTRACTOR shall indemnify and save harmless the OWNER and the ENGINEER from any claims for damages resulting from personal injury and/or death suffered or alleged to have been suffered by any person as a result of any work conducted under this Contract. Compliance with these safety provisions by subcontractors will be the responsibility of the CONTRACTOR. These drawings and specifications do not, except to the extent necessary to comply with HB 1569 of the 1989 Texas Legislature (relating to trench excavation), include necessary provisions for construction safety. It is the CONTRACTOR'S sole responsibility to see that all government safety standards are complied with, and that the site of the work is safe. The OWNER may exercise his rights outlined above, but failure of the OWNER to exercise these rights shall not relieve the CONTRACTOR of responsibility, nor shall it make the OWNER or the ENGINEER, in any way liable. A bid item has been included on the bid schedule for Trench Protection Requirements, if the ENGINEER feels that there will be any trench excavation greater than 5 feet in depth. Protection of trenches less than 5 feet in depth will be considered an incidental item of work. The bid item is intended to compensate for excavation protection requirements on trenches, as well as structures such as lift stations, manholes, bore pits, and similar non -pipeline excavations in excess of five feet deep. The OWNER has no special shoring requirements beyond those of state and federal law and regulations. City of Paris, Texas 00 73 00 Page 6 of 8 Supplemental Conditions 9/10/2020 The CONTRACTOR hereby warrants and assures the ENGINEER and the OWNER that he will comply fully with the requirements of Subpart P, Part 1926, Safety and Health Regulations, as applicable to this CONTRACT and further agrees to, and will, indemnify and hold the ENGINEER and the OWNER entirely harmless of and from any and all claims, demands, causes of action, or expense of any kind or nature whatsoever arising out of or in any way related to the failure of the CONTRACTOR or any other subcontractor to comply strictly with said requirements. SC 13.03 Add the following language to section 13.03 of the General Conditions: Re -Testing Regardless of whether the OWNER is providing testing or the CONTRACTOR is providing testing, in the event that initial tests of the material or workmanship indicate that it does not meet the specifications, the CONTRACTOR shall bear all costs of retesting said materials or workmanship. AFI Add the following paragraph to section 13.07 of the General Conditions: The ENGINEER and OWNER shall make a warranty inspection during the twelfth month of the 12 - month warranty period, and will notify CONTRACTOR of any defective work. Further, in the event the CONTRACTOR'S performance and payment bonds are to expire prior to the time the reported defects can be corrected, then said bonds shall automatically be extended, without any action or notice from the OWNER or his agents, until such time as the project defects are corrected. SC 14.07 Add a new paragraph to section 14.07 of the General Conditions to read as follows The CONTRACTOR shall deliver to the OWNER a fully executed original copy of "Contractor's Affidavit of Final Payment and Release" form, "Release by Subcontractors and Suppliers" form(s), and "Consent of Surety to Final Payment" form, included herein. SC 17.06 Limitation of Liability Add the following paragraph following section 17.05 of the General Conditions: The CONTRACTOR is skilled and experienced in the use and interpretation of drawings and specifications such as those included in the bid documents for this contract. He has carefully reviewed the drawings and specifications and has found them free of ambiguities and sufficient for bid purposes. Further, he has based his bid solely on those documents not relying in any way on any explanation or interpretation, oral or written, from any other source. Having assured himself of the adequacy of the documents and the accuracy of his bid, the CONTRACTOR agrees (and shall require his subcontractors to agree) to limit the liability of the Design Professional and the OWNER for professional negligence, errors or omissions of the Design Professional to a total aggregate sum of $100,000 or Design Professional's total fee for services rendered on this project, whichever is greater. The CONTRACTOR does not assume any liability for damages to others caused by the professional negligence, errors or omissions of the Design Professional. City of Paris, Texas 00 73 00 -- Page 7 of 8 Supplemental Conditions 9/10/2020 Equal Employment �unit Add the following language at the end of Section 17 of the General Conditions: (1) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provision of this nondiscrimination clause. (2) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, or national origin. (3) The CONTRACTOR will send to each labor union or representative of workers which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the CONTRACTOR'S commitments under Section 202 of Executive Order No. 11246 as amended (3CFR 169 (1974), and shall post copies of notices in conspicuous places available to employees and applicants for employment. (4) The CONTRACTOR will comply with all provisions of Executive Order No. 11246, as amended, and the rules, regulations, and relevant orders of the Secretary of Labor. (5) The CONTRACTOR will furnish all information and reports required by Executive Order No. 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the CONTRACTOR'S noncompliance with the discrimination clauses of this contract, or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246, as amended, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246, as amended, or by rules, regulations, or order of the Secretary of Labor, or as otherwise provided by law. (7) The CONTRACTOR will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246, as amended, so that such provisions will be binding upon each subcontractor or vendor. The CONTRACTOR will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the CONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. SECTIONEND OF City of Paris, Texas 00 73 00— Page 8 of 8 Supplemental Conditions 9/10/2020 A. Construct work as described in the Contract Documents. 1. Provide the materials, equipment, and incidentals required to make the pro iect completely operable. 2. Provide the labor, equipment, tools, and consumable supplies required for a complete project. 3. Provide the civil, mechanical and all other work required for a complete and operable project. 4. Test and place the completed project in operation. 5. Provide any special tools, spare parts, supplies, or other materials as applicable and indicated in Contract Documents for the operation and maintenance of the Project. 6. Install OWNER provided products and place in operation. 7. Drawings and specifications do not indicate or describe all of the work required to complete the project. Additional details required for the correct installation of selected products are to be provided by the CONTRACTOR and coordinated with the ENGINEER. 1.02 JOB CONDITIONS A. The General Conditions, the Supplemental Conditions, and General Requirements apply to each specification sections. B. Comply with all applicable state and local codes and regulations pertaining to the nature and character of the work being performed. 1.03 DESCRIPTION OF WORK A. Work is described in general, non-inclusive terms as: The project includes the installation of approximately 48 linear feet of rock gabion baskets, complete and in place, along the western channel bank behind 645 Johnson Woods Drive as shown on the plans. 1.04 CONSTRUCTION OF UTILITIES A. If, during construction, existing utilities are to be modified or new utilities are to be provided, contractor shall coordinate with utility companies or their contractors to provide. A. Testing of equipment and appurtenances including specified test periods, training, and start-up does not constitute acceptance for operation. B. OWNER may accept the system for continued use after start-up and testing at the option of the OWNER. If acceptance is delayed at the option of the OWNER, shut down facilities per approved Operation and Maintenance procedures. C. The execution of bonds is understood to indicate the consent of the surety to these provisions. D. Provide an endorsement from the insurance carrier permitting occupancy of the structures and use of equipment during the remaining period of construction. City of Paris, Texas 01 11 00 - Page 1 of 2 Summary of Work 9/10/2020 E, Conduct operations to insure the least inconvenience tmthe OWNER and general END OF SECTION City ofParis, Texas U111U0-Page 2of2 Summary nfWork SECTION 0122 1 MEASUREMENT AND PAYMENT PART GENERAL 1.01 SUMMARY A. Payments for Work shall conform with the provisions of the General Conditions, the Supplementary Conditions, the Bid Proposal, the Agreement and this Section. B. Submit request for partial payment at the prices indicated in the Bid Proposal. 1. Prices foi each bid item in the proposal shall include but not be limited to cost for- a. Mobilization, demobilization, cleanup, bonds and insurance unless specific pay items are provided for these items. b. Professional services including but not limited to engineering and legal fees. C. The products to be permanently incorporated into the Project. d. The products consumed during the construction of the Project. e. The labor and supervision to complete the Project. f. The equipment, including tools, machinery and appliances required to complete the project. g. The field and home office administration and overhead costs related directly or indirectly to the project. 2. Prices bid shall include the work not specifically set forth as an individual payment item. These items are considered to be a subsidiary obligation of the CONTRACTOR and the cost for these items shall be included in the bid prices. 3. Payment will be based on the actual quantity of work completed per Contract Documents and measured per this Section. 4. Payment will be made for Materials -on -Hand. a. Materials must be properly stored on site. b. Payment will be made for the invoice amount less the specified retainage. C. Invoices must be provided at the time they are included on the Materials -on -Hand tabulation. d. Documentation of payment for Materials -on -Hand must be provided for these items with the next payment request. Payment will be adjusted to the amount actually paid if this differs from the invoice amount. If this documentation is not provided the item must be removed from the Materials -on -Hand list and payment will be withheld. e. Payment for Materials -on -Hand is provided for the convenience of the CONTRACTOR and does not constitute acceptance of the product. f. Costs for shipping or freight shall not be paid for in payment for Materials -on -Hand. City of Paris, Texas 01 22 1 — Page 1 of 6 Measurement and Payment 9/10/2020 5. Application for payment shall be submitted per the provisions of this Section. SCHEDULE OF VALUES AND PAYMENTS A. Submit a detailed Schedule of Values for OWNER and ENGINEER review and approval for the work to be performed on the Project. 1. At least 15 days prior to submitting the first request for payment. 2. The first request for payment will not be reviewed until the detailed Schedule of Values is approved by the OWNER and ENGINEER. 3. Line items in the proposal are to be used as line items in the schedule. 4. Payment will be made on the quantity of work completed per Contract Documents during the payment period and as measured per this Section a. Partial payments will be made for lump sum line items in the Proposal. 1) Lump sum line items in the Proposal are to be divided to allow easy determination of the percentage of the item that has been completed. (a) Provide adequate detail to allow easy determination of the percentage of work completed for each item. (b) Items, with the exception of equipment packages are not to exceed $50,000.00. (c) Separate product costs and installation costs. (1) Product costs include cost for product, delivery and unloading costs, royalties and patent fees, taxes and other cost paid directly to the supplier or vendor. (2) Installation costs include cost for the supervision, labor and equipment for field fabrication, erection, installation, start-up, initial operation and CONTRACTOR's overhead and profit. (d) Lump sum items may be divided into an estimated number of units. (1) The estimated number of units times the cost per unit must equal the lump sum amount for that line item. (2) CONTRACTOR will receive payment for the entire lump sum item. (e) Include a directly proportional amount of CONTRACTOR's overhead and profit for each line item. (f) Divide principal subcontract amounts into an adequate number of line items to allow determination of the percentage of work completed for each item. 2) These line items may be used to establish the value of work to be added or deleted from the Project. City of Paris, Texas 01 22 1 -- Page 2 of 6 Measurement and Payment 9/10/2020 3) Correlate line items with other administrative schedules and forms: (a) Progress schedule. (b) List of Subcontractors. (c) Schedule of allowances. (d) Schedule of alternatives. (e) List of products and principal Supplier. (f) Schedule of submittals. 4) Costs for mobilization is listed as a separate line item and shall be actual cost for: (a) Bonds and insurance. (b) Transportation and setup for equipment. (c) Transportation and/or erection of all field offices, sheds and storage facilities. (d) Salaries for preparation of submittals required before the first payment request. (e) Salaries for field personnel assigned to the project related to the mobilization of the Project. (f) Mobilization may not exceed 5 percent of the total contract amount. (g) Cost for mobilization may be submitted only for work completed. 5) The sum of values listed in the schedule shall equal the total contract amount. B. Submit a schedule indicating the anticipated schedule of payments to be made by the OWNER. 1. Schedule shall indicate: a. The payment request number. b. Date the request is to be submitted. C. Anticipated amount of the payment request. . Schedule shall be updated quarterly or more often if necessary to provide a reasonably accurate indication of the funds that the OWNER will need to have available to make payment to the CONTRACTOR for the work performed. C. Provide written approval of the Schedule of Values, Payment Request and method of payment by the Surety Company providing performance and maintenance bonds prior to submitting the first Payment Request. Payment will not be made without this approval. 1.03 PAYMENTPROCEDURES A. Submit payment requests per the submittal procedures indicated in this specification. B. Requests may be submitted on a pre-printed form or may be generated by computer. Computer generated payment requests must have the same format and information indicated in the pre-printed form and be approved by the ENGINEER. City of Paris, Texas 01 22 13 — Page 3 of 6 Measurement and Payment 9/10/2020 C 1 2 3 Submit a Schedule of Values in the payment request format to be used. a. Request must include a completed Summary of Payment Request Values with each estimate submitted. 1) Each request must be sequentially numbered and the payment period indicated. 2) Total amounts for Value of Original Contract Performed, Extra Work on Approved Change Orders and Materials -on - Hand are to be shown on the Summary Sheet and are to correspond to totals indicated on the attached tabulation for each. 3) The number of pages included in each table is to be noted in the blank space on the Summary Sheet to allow a determination to be made that all sheets have been submitted. 4) CONTRACTOR's certification must be executed by the CONTRACTOR's agent of authority and notarized for each payment request. b. The Tabulation of Values for Original Contract Performed is to indicate the total contract amount and the work completed to date. C. The Tabulation of Extra Work on approved Change Orders is to include only approved Change Order items. d. The Tabulation of Materials -on -Hand is to list all materials that are presented for payment. Once an item has been entered on the tabulation it is not to be removed. e. Project Summary Report is to be included with each payment request. Data included in the Project Summary report are to be taken from the other tabulations. The Schedule of Values and the form for the submission of requests may not be altered without the express written consent of the OWNER once these have been approved by the OWNER. Final payment requires additional procedures and documentation per Section 01 70 00, Contract Closeout. Progress payments shall be made as the work progresses on a monthly basis. 1 2 3 The payment period shall end on the last day of each month and shall cover all work completed and materials received since the end of the last payment period. After the end of the payment period, submit a draft copy of the payment request for that month to the ENGINEER. Agreement is to be reached on: a. The percentage of work completed for each lump sum item. b. The quantity of work completed for each unit price item. C. The percentage of work completed for each approved Change Order item. d. The amount of Materials -on -Hand. On the basis of these agreements, the CONTRACTOR is to prepare a final copy of the payment request and submit it to the OWNER's Representative for approval. City of Paris, Texas 01 22 13 — Page 4 of 6 Measurement and Payment 9/10/2020 a. The final copy is to be signed by the representative of the CONTRACTOR authorized to execute documents for the CONTRACTOR and notarized. The ENGINEER will review the payment request. 1.04 PAY ITEM DESCRIPTION AND MEASUREMENT A. Bid Items listed in the Proposal along with the manner in which payment shall be awarded for each item are specified in each individual technical specification. Additionally, if there are bid items not covered in technical specifications, they have been listed below. If there is not a bid item provided for work identified in the Drawings or Specifications or for incidental work that is required to complete the Project, it shall be understood to be subsidiary to construction, measurement and payment of one of the below items or the individual bid items within the technical specifications. 1. Bid Item 1 — Mobilization The amount of a maximum of 5 percent of the Base Bid shall be full compensation for all costs associated with mobilization, as well as for providing all bonds required by the Contract Documents. This amount will be paid in full following mobilization. 2. Bid Item 2 --- Ommitted 3. Bid Item 3 - Barricades, Signs and Traffic Handling This per month bid shall be full compensation for the preparation, implementation, installation, and maintenance of the traffic control plan and corresponding devices as necessary to safely maintain the work area and access to properties during this project. 4. Bid Item 4 — Remove and Dispose of Existing Concrete Bag Wall (19 LF) This lump sum bid shall be full compensation for removal, disposal and cleanup of an existing approximately 19 linear foot concrete bag wall in accordance with the Drawings and Specifications, complete in place. This bid item shall include, but not be limited to, all associated items for the removal, disposal and cleanup of the existing concrete bag wall. 5. Bid Item 5 — Provide and Install Gabion Baskets, Stone, Geotextile Fabric, and Associated Work This cubic yard bid shall be full compensation for furnishing, installation, and cleanup of gabion baskets, stone, geotextile fabric and associated work, complete in place. This bid item shall be installed in accordance with the drawings and specifications as well as the manufacture's recommendations. This item shall include, but not be limited to, gabion baskets, stone, geotextile fabric, foundation, anchoring, excavation, backfill, hauling and disposing of excess material, and cleanup. 6. Bid Item 6 — Erosion Control (Rock Check Dam) This lump sum bid shall be full compensation to install, maintain and remove rock check dams in accordance with the drawings and specifications, complete and in place. T Bid Item 7 — Modification of Backyard Drain Pipes City of Paris, Texas 01 22 13 -- Page 5 of 6 Measurement and Payment 9/10/2020 This unit price bid shall be full compensation for the modification of backyard drain pipes as necessary to incorporate into the newly installed gabion basket wall to ensure unimpeded, positive drainage into the channel. This shall be done in accordance with the drawings and specifications, complete and in place. This bid item shall include, but not be limited to, PVC pipe, pipe couplings, and associated work. 8. Bid Item 8 — Repair, Regrading, and Sodding of Temporary Construction Access Easement to Pre -Project Conditions This lump sum bid shall be full compensation for the required repair, regrading, and sodding of the temporary construction access easement to pre -project conditions, complete and in place. This bid item shall include, but not be limited to, repair of any damaged sprinkler system components, fill material, grading to ensure no ponding and positive drainage to the channel, sodding (St. Augustin grass) the disturbed area, and cleanup. B. The following section describes additional items that shall be considered subsidiary to Bid Items listed above. No separate payment will be made for rock excavation, and the cost thereof shall be included in unit price bid. The CONTRACTOR is responsible for damage inside the permanent and temporary easement or other property outside the easement, caused by his operation, and shall negotiate a settlement with the landowner that will ensure that no claim will be filed against the OWNER. All special easement requirements as listed on the Drawings or in the Specifications shall be made incidental to this bid item. If an existing utility, sidewalk or structure is damaged or must be relocated for construction, the cost of the repair or relocation shall be borne by the CONTRACTOR. C. The words "complete in place" shall mean the inclusion of the work, including incidentals, mentioned or implied in the Specifications and on the Drawings, or work that may reasonably be inferred as necessary to the proper execution of the item, unless payment for any portion of the work is otherwise specifically provided for. SECTIONEND OF City of Paris, Texas 01 2213 Page 6 of 6 Measurement and Payment 9/10/2020 SECTION 01 31 00 PROJECT ADMINISTRATION PART GENERAL 1.01 WORK INCLUDED Administer contract requirements to construct the project. Provide documentation per the requirements of this Section. Provide information as requested by the OWNER concerning this project. 1.02 SUBMITTALS Submittals shall be in accordance with Section 01 33 00 — Submittals. 1.03 COMMUNICATION DURING THE PROJECT A. The OWNER is to be the first point of contact for all parties on matters concerning this Project. B. The ENGINEER will coordinate correspondence concerning: 1. Submittals, including request for payment 2. Clarification and interpretation of the Contract Documents 3. Contract modifications 4. Observation of work and testing 5. Claims C. The ENGINEER will normally communicate only with the CONTRACTOR. Any required communication with Suppliers or Subcontractors will only be with the direct involvement of the CONTRACTOR. D. Written communications are to be directed to the ENGINEER at the address indicated in the Pre -construction Conference. Communications should include as a minimum: 1. Name of the OWNER 2. Project Name 3. Contract title 4. Project number 5. Date 6. A reference statement E. Submit communications on the forms referenced in this Section or in Section 01 33 00 - Submittals. a 04 PROJECT MEETINGS A. Pre -construction Conference 1. Attend a pre -construction meeting. 2. The location of the conference will be determined by the OWNER. 3. The time of the meeting will be determined by the OWNER but will be after the Notice of Award is issued and not later than fifteen (15) days after the Notice to Proceed is issued. City of Paris, Texas 01 31 00 -Page 1 of 7 Project Administration 4. Meeting may be attended by the ENGINEER, representatives of utility companies, the CONTRACTOR's Project Manager and Superintendent, and representatives from major Subcontractors and Suppliers. 5. CONTRACTOR should provide and be prepared to discuss: a. Preliminary Construction Schedule b. Preliminary Submittal Schedule C. Schedule of values and anticipated schedule of payments d. List of Suppliers and Subcontractors e. CONTRACTOR's organizational chart as it relates to this project f. Letter indicating the agents of authority for the CONTRACTOR and the limit of the authority with respect to the execution of legal documents E. Progress Meetings 1. Attend meetings with the ENGINEER. a. Meet on a monthly basis or as requested by the ENGINEER to discuss the project. b. Meet at the project site or other location as designated by the ENGINEER. C. CONTRACTOR's Superintendent and other key personnel are to attend the meeting. Other individuals may be requested to attend to discuss specific matters. 2. Provide information as requested by the ENGINEER concerning this project. a. Prepare to discuss: 1) Status of overall project schedule. 2) CONTRACTOR's detailed schedule for the next month. 3) Review of construction interfacing and sequencing requirements with other construction contracts 4) Anticipated delivery dates for piping and associated equipment. 5) Coordination with the OWNER and ENGINEER. 6) Status of submittals. 7) Information or clarification of the Contract Documents. 8) Claims and proposed modifications to the contract. 9) Field observations, problems, or conflicts. 10) Maintenance of quality standards. b. Notify the ENGINEER of any specific items to be discussed a minimum of one (1) week prior to the meeting. 3. Review minutes of meetings and notify the ENGINEER of any discrepancies within ten (10) days of the date of the memorandum. a. Following that date, the minutes will stand as shown or as corrected. City of Paris, Texas 01 31 00 -Page 2 of 7 Project Administration b. Corrections will be reflected in the minutes of the following meeting. C. Each item of business shall be numbered to indicate the meeting number and the item number. Items discussed will be documented and old business items will remain on minutes of subsequent meetings until the item is resolved. A. Produce a preconstruction video of the site/alignment, including all areas in the vicinity of and to be affected by construction. B. Provide digital copy of video upon request by the OWNER. C. Retain a copy of the preconstruction video until the end of the maintenance surety period. 1.06 REQUESTS FOR INFORMATION A. Submit Request for Information (RFI) to the ENGINEER to obtain additional information or clarification of the Contract Documents. 1. Submit a separate RFI for each item. 2. Attach adequate information to permit a written response without further clarification. The ENGINEER will return requests which do not have adequate information for additional information. 3. A response will be made when adequate information is provided. Response will be made on the RFI form or in attached information. B. If the RFI indicates that a contract modification is required, the ENGINEER will initiate a Modification Request per Paragraph 1.08. 1.07 NOTIFICATION BY CONTRACTOR A. Notify the ENGINEER of: 1. Scheduled testing. 2. Intent to work outside regular working hours. 3. Request to shut down facilities or utilities. 4. Proposed utility connections. 5. Required observation by ENGINEER, or inspection agencies prior to covering work. 6. Construction which will impact the operation of any equipment or facility B. Notification must be provided two (2) weeks in advance for ENGINEER to respond appropriately to the notification, unless otherwise noted by ENGINEER. 1.08 REQUEST FOR MODIFICATIONS A. CONTRACTOR initiated changes shall begin with the preparation of a Modification Request. Submit a request to the ENGINEER for any change in the Contract Documents or approval of any deviations from the Contract Documents. 1. Assign a number to the request when issued. a. Include with the request: 1) A complete description of the proposed modification. 2) The reason the modification is requested. City of Paris, Texas 01 31 00 -Page 3 of 7 Project Administration 3) A detailed breakdown of the cost of the change (necessary only if the modification requires a change in contract amount). The itemized breakdown is to include: (a) list of materials and equipment to be installed. (b) man hours for labor by classification. (c) equipment used in construction. (d) consumable supplies, fuels, and materials. (e) royalties and patent fees. (f) bonds and insurance. (g) overhead and profit. (h) field office costs. (i) home office cost. (j) other items of cost. 4) A revised schedule indicating the effect on the critical path for the project and a statement of the number of days the project may be delayed by the modifications. 2. A contract modification request is required for field changes. a. Request must be made a minimum of two (2) weeks in advance of performing the work affected. b. Request for field changes will be submitted to the ENGINEER. 3. A contract modification request is required for all substitutes or deviations from the Contract Documents. 4. ENGINEER will evaluate the request for a contract modification. E„ If a contract modification is required, the OWNER will issue a Field Order or a Change Order per the General Conditions. See Change Order form in Specification Section 00 63 63. 1. Modifications to the contract can only be made by a Field Order or a Change Order. 2. Changes in the project will be documented by Field Order or by a Change Order. 3. Field Orders may be issued by the OWNER for contract modifications that do not change the contract amount or contract time. 4. Any modifications that require a change in contract amount or contract time can only be approved by Change Order. a. CMR's and proposals issued by the CONTRACTOR in response to a PCM will be evaluated by the OWNER. b. If a Change Order is recommended, the OWNER will prepare the Change Order. C. The Change Order will be sent to the CONTRACTOR for execution with a copy to the OWNER recommending approval. City of Paris, Texas 01 31 00 -Page 4 of 7 Project Administration d. Change Orders can only be approved by the OWNER. 1) Work performed on the proposed contract modifications prior to the approval of the Change Order will be performed at the CONTRACTOR's risk. 2) No payment will be made on Change Orders until approved by the OWNER. C. The CONTRACTOR may be informed that the proposed modification is not approved and construction is to proceed in accordance with the Contract Documents. 1.09 EMERGENCY WORK A. Notify the ENGINEER immediately of any additional work that must be performed to prevent injury or damage to existing structures, facilities, utilities, or work in place. B. When possible, obtain authorization from the ENGINEER before proceeding. 1.10 CLAIMS A. Do not perform any work that is considered to be outside the scope of the Contract Documents without an approved Change Order. B. File notices of claims with the ENGINEER within ten (10) days of the event that gave rise to the claim. C. Provide full documentation within thirty (30) days of the notice. D. Items not reported within the stipulated time will not be considered. 1. Failure to notify the ENGINEER of potential claims does not allow the OWNER to take alternative action to prevent the CONTRACTOR from incurring the cost for the item or to perform the work in a different manner. 2. Failure to notify the ENGINEER does not allow operations to be monitored for the actual cost of performing the Work. E. When full documentation has been received by the ENGINEER, the claim will be reviewed in the context of the Contract Documents. 1. If the claim is believed to be valid, a Change Order will be prepared and payment of the Change Order will be recommended. 2. If the claim is not believed to be valid, then the claim will be denied with an explanation of the reasons. 3. Should the CONTRACTOR disagree with the decision of the OWNER, the CONTRACTOR may refuse to do the Work. a. If the OWNER insists that the work be done, proceed with the work on a time and materials basis. b. The validity of the claim will be resolved at a later time in accordance with the Contract Documents. 1.11 RECORD DRAWINGS A. Maintain at the site one (1) complete record copy of: 1. Drawings. 2. Specifications. 3. Agenda. 4. Contract modifications. City of Paris, Texas 01 31 00 -Page 5 of 7 Project Administration 2 C 5. Approved shop Drawings and record data. 6. One (1) set of construction photographs. 7. Test records. 8. Clarifications and other information provided in RFI responses. Store documents and samples in the CONTRACTOR's field office. 1. Documents are to remain separated from documents used for construction. These documents are not to be used for construction. 2. Provide files and racks for the storage of documents. 3. Provide a secure storage space for the storage of samples. 4. Maintain documents in clean, dry, legible conditions, and in good order. 5. Make documents and samples available at all times for inspection by the ENGINEER. Marking Drawings 1. Label each document as "Project Record" in large printed letters. 2. Record information as construction is being performed. a. Do not conceal any work until the required information is recorded. b. Mark drawings to record actual construction, including the following: 1) Depths of various elements of the foundation in relation to finished first floor datum or the top of walls. 2) Horizontal and vertical locations of underground utilities and appurtenances constructed and existing utilities, encountered during construction. 3) Location of internal utilities and appurtenances concealed in the construction. Make reference to permanent structure on the surface. Include the following applicable equipment: a) Piping. b) Ductwork. C) Equipment and control devices requiring periodic maintenance or repair. d) Valves, unions, traps, and tanks. e) Services entrance. f) Feeders. g) Outlets. 4) Changes of dimension and detail. 5) Changes made by Field Order and Change Order„ 6) Details not on the original Contract Drawings. City of Paris, Texas 01 31 00 -Page 6 of 7 Project Administration C. Mark Specifications and addenda to record materials and the equipment provided. 1) Record Manufacturer name, trade name, catalog number, and each Supplier (with address and phone number) of each product and item of equipment actually installed. 2) Record changes made by Field Order and Change Order. d. Mark additional work or information in erasable pencil. 1) Use red for new or revised indication. 2) Use purple for work deieted or not installed (lines to be removed). 3) Highlight in yellow the items constructed per the plans. e. Submit record documents to ENGINEER for review and acceptance ten (10) days prior to final completion of the project. 1) Provide one (1) set of marked up Drawings. 2) Provide six (6) sets of Specifications. f. Partial Payment Requests will not be recommended for payment if record documents are found to be incomplete or not in order. Final payment will not be recommended without record documents. END OF SECTION City of Paris, Texas 01 31 00 -Page 7 of 7 Project Administration SIEcrm 01 33 00 A. Submit documentation as required by the Contract Documents and as reasonably requested by the OWNER and ENGINEER to: 1. Record the products incorporated into the Project for the OWNER. 2. Provide information for operation and maintenance of the Project. 3. Provide information for the administration of the Contract. 4. Allow the ENGINEER to advise the OWNER if products proposed for the project by the CONTRACTOR conform, in general, to the design concepts of the Contract Documents. B. CONTRACTOR's responsibility for full compliance with the Contract Documents is not relieved by the ENGINEER's review of submittals. Contract modifications may only be approved by Change Order or Field Order. 1.02 CONTRACTOR'S RESPONSIBILITIES A. Review all submittals prior to submission. B. Determine and verify: 1. Field measurements. 2. Field construction requirements. 3. Location of all existing structures, utilities and equipment related to the submittals. 4. Submittals are completed for their intended purpose. 5. Conflicts between the submittals related to the various Subcontractors and Suppliers have been resolved. 6. Quantities and dimensions shown on the submittals. C. Submit information per the procedures described in this Section and the detailed specifications. D. Furnish the following submittals: 1. Schedules, data and other documentation as described in detail in this Section or referenced in the General Conditions. 2. Documentation required for the administration of the Contract per Section 01 31 00 — Project Administration. 3. Shop Drawings required for consideration of a contract modification per Paragraph 1.08. 4. Submittals as required in the Specifications. 5. Submittals not required will be returned without ENGINEER's review. E. Submit a schedule indicating the date submittals will be sent to the ENGINEER and proposed dates that the product will be incorporated into the project. Make submittals promptly in accordance with the schedule so as to cause no delay in the Project. City of Paris, Texas 01 33 00 — Page 1 of 11 Submittals 9/10/2020 1. Send submittals to the ENGINEER allowing a reasonable time for delivery, review and marking submittals. Include time for review of a resubmission if necessary. Allow adequate time for the submittal review process, ordering, fabrication, and delivery of the product so as to not delay progress on the Project. 2. Schedule submittal to provide all information for interrelated work at one time. No review will be performed on submittals requiring coordination with other submittals. ENGINEER will return submittals for resubmission as a complete package. F, Submit information for all of the components and related products required for a complete and operational system in the same submittal. 1. If applicable, include electrical, mechanical, and other information required to indicate how the various components of the system function. 2. Provide certifications, warranties, and written guarantees with the submittal package for review when they are required. G. Fabrication or installation of any products prior to the approval of Shop Drawings is done at the CONTRACTOR's risk. Products not meeting the requirements of Contract Documents are defective and may be rejected at the OWNER's option. H. Payment will not be made for products for which submittals are required until the submittals have been received. Payment will not be made for products for which Shop Drawings or Samples are required until these are approved by the ENGINEER. 1.03 QUALITY ASSURANCE A. Submit legible, accurate, complete documents presented in a clear, easily understood manner. Submittals not meeting these criteria will be returned without review. B. Demonstrate that the proposed products are in full and complete compliance with the design criteria and requirements of the Contract Documents including Drawings and Specifications as modified by Addenda, Field Orders, and Change Orders. C. Furnish and install products that fully comply with the information included in the submittal. D. Review and approve submittals prior to submitting them to the ENGINEER for review. Submittals will not be accepted from anyone other than the CONTRACTOR. MiL1111111111IM�`1I1:3ky,Ira 1M:Ja01014bill 1"MI A. Deliver three (3) hard copies of final approved submittals to the ENGINEER at the following address unless otherwise stated at the pre -construction conference: Carla Easton, City of Paris 1501s'SE Paris, TX 75460 ceaston@paristexas.gov B. Transmit electronic copy of all preliminary submittal for ENGINEER's review and final approved submittal to the following email address. The complete contents of each submittal, including associated drawings product data, etc., shall be submitted in Adobe Acrobat PDF format, or other format approved by ENGINEER. Email: ceaston@paristexas.gov C. Transmit all submittals, with a properly completed Submittal Transmittal Form. 1. Use a separate transmittal form for each specific product, class of material, and equipment system. City of Paris, Texas 01 33 00 — Page 2 of 11 Submittals 9/10/2020 2. Submit items specified in different Sections of the Specifications separately unless they are part of an integrated system. D. Assign a CONTRACTOR's submittal number to the documents originated to allow tracking of the submittal during the review process. 1. Assign the number consisting of a prefix, a sequence number, and a letter suffix. Issue sequence numbers in chronological order for each type of submittal. 2. Issue numbers for resubmittals that have the same number as the original submittal followed by an alphabetical suffix indicating the number of times the same submittal has been sent to the ENGINEER for processing. For exampie: SD -025-A represents a shop drawing that is the twenty-fifth submittal of this type and is the second time this submittal has been sent for review. 3. Clearly note the submittal number on each page or sheet of the submittal. 4. Correct assignment of numbers is essential since different submittal types are processed in different ways. E. Submit documents with uniform markings and page sizes. 1. Paper size shall allow for ease of reproduction. a. Submit documents on 8-1/2" X 11" paper where practical. b. Use 11 " X 17" paper for larger drawings and schematics. C. Use full size sheets for fabrications and layout drawings. Reproducible drawings may be submitted in lieu of prints. 2. Mark submittals to: a. Indicate CONTRACTOR's corrections in green. b. Highlight items pertinent to the products being furnished in yellow and delete items that are not pertinent when the Supplier's standard drawings or information sheets are provided. C. Cloud items and highlight in yellow where selections by the ENGINEER or OWNER are required. d. Mark dimensions with the prefix FD to indicate field verified dimensions on the drawings. e. Provide a blank space 8" x 3" for CONTRACTOR's and ENGINEER's stamp. 3. Define abbreviations and symbols used in Shop Drawings. a. Use terms and symbols in Shop Drawings consistent with the Contract Drawings. b. Provide a list of abbreviations and their meaning as used in the Shop Drawings. C. Provide a legend for symbols used on Shop Drawings. F. Mark submittals to reference the Drawing number and/or Section of the Specifications, detail designation, schedule or location that corresponds with the data submitted. Other identification may also be required, such as layout drawings or schedules to allow the reviewer to determine where a particular product is to be used. G. Deliver samples required by the Specifications to the project site. Provide a minimum of two (2) samples. City of Paris, Texas 01 33 00 -- Page 3 of 11 Submittals 9/10/2020 H. Construct mock-ups from the actual products to be used in construction per Specifications. I. Submit color charts and Samples for every product requiring color, texture or finish selection. • II ON III, iI !II 1�111 III •1 1 .11, 11 "1•� 2. Do not submit color charts and Samples until all record data have been submitted or Shop Drawings for the products have been approved. 3. Submit color charts and Samples not less than thirty (30) days prior to when these products are to be ordered or released for fabrication to comply with the schedule for construction of the Project. J. Submit Contract Modification Request per Section 01 31 00 Project Administration to request modifications to the Contract Documents. K. The number of copies of each submittal to be sent by the CONTRACTOR and the number of copies of each submittal to be returned are: Description No. of Copies Sent No. of Copies Returned Application for Payment 3 1 Contract Modification Request 3 1 Certified Test Report 3— 0 Notification by Contractor 3 1 Preliminary O&M Manuals - - Final O&M Manuals - - Preconstruction Videos 2 0 Record Data 3 0 Request for Information 3 1 Sample 2 0 Shop Drawings 3 1 Schedule of Progress 3 0 A. Shop drawings are reviewed in the order received, unless CONTRACTOR request that a different priority be assigned. B. Mark a submittal as "Priority" to place the review for this submittal ahead of submittals previously delivered. Priority submittals will be reviewed before other submittals for this Project which have been received but not reviewed. Use discretion in the use of ority" submittals as this may delay the review of submittals previously submitted. Revise the Schedule of CONTRACTOR's Submittals for substantial deviations from the previous schedule. C. Review procedures vary with the type of submittal as described in Paragraph 1.06. 1.06 SUBMITTAL REQUIREMENTS A. Shop Drawings are required for those products that cannot adequately be described in the Contract Documents to allow fabrication, erection or installation of the product without additional detailed information from the Supplier. B. Shop drawings are requested so that the ENGINEER can: City of Paris, Texas 01 33 00 — Page 4 of 11 Submittals 9/10/2020 1, Assist the OWNER in selecting colors, textures or other aesthetic features. 2. Compare the proposed features of the product with the specified features so as to advise the OWNER that the product does, in general, conform to the Contract Documents. 3. Compare the performance features of the proposed product with those specified so as to advise the OWNER that it appears that the product will meet the designed performance criteria. 4. Review required certifications, guarantees, warranties, and service agreements for compliance with the Contract Documents. C. Certify that CONTRACTOR has reviewed the Shop Drawings and made all necessary corrections such that the products, when installed, will be in full compliance with the Contract Documents per Section 00 73 00 — Supplemental Conditions. Shop Drawings submitted without this certification will be returned without review. D. Submit Shop Drawings for: 1. Products indicated in the submittal schedule following this Section. 2, When a substitution or equal product is proposed in accordance with Paragraph 1.08 of this Section. E. Include a complete description of the material or equipment to be furnished. Information is to include: 1. Type, dimensions, size, arrangement, model number, and operational parameters of the components. 2. Weights, gauges, materials of construction, external connections, anchors, and supports required. 3. Performance characteristics, capacities, engineering data, motor curves, and other information necessary to allow a complete evaluation of mechanical components. 4. All applicable standards such as ASTM or Federal specification numbers. 5. Fabrication and installation drawings, setting diagrams, manufacturing instructions, templates, patterns, and coordination drawings. 6. Wiring and piping diagrams and related controls. 7. Mix designs for concrete, asphalt, or other materials proportioned for the Project. 8. Complete and accurate field measurements for products which must fit existing conditions. Indicate on the submittal that the measurements represent actual dimensions obtained at the site. F. Provide all required statements of certification, guarantees, extended service agreements, and other related documents with the Shop Drawing. The effective date of these documents shall be the date of acceptance of the work by the OWNER. G. Comments will be made on items called to the attention of the ENGINEER for review and comment. Any marks made by the ENGINEER do not constitute a blanket review of the submittal or relieve the CONTRACTOR from responsibility for errors or deviations from the Contract requirements. H. Submittals that are reviewed will be returned with one or more of the following designations: 1. Approved - Submittal is found to be acceptable as submitted. City of Paris, Texas 01 33 00 -• Page 5 of 11 Submittals 9/10/2020 Z Approved as Noted - Submittal is acceptable with corrections or notations made by ENGINEER and may be used as corrected. 3. Revise and Resubmit - Submittal has deviations from the Contract Documents, significant errors, or is inadequate and must be revised and resubmitted for subsequent review. 4. Retained for Info — Submittal has information which needs to be retained for record purposes but will not be reviewed by ENGINEER. 5. Not Approved - Products are not acceptable. a. Drawings with a significant or substantial number of markings by the CONTRACTOR may be marked "Approved as Noted" and "Revise and Resubmit". These drawings are to be revised to provide a clean record of the submittal. b. Dimensions or other data that do not appear to conform to the Contract Documents will be marked as "At Variance With" (AVW) the Contract Documents or other information provided. The CONTRACTOR is to make revisions as appropriate to comply with Contract Documents. Certifications, Warranties and Service Agreements include documents as specified in the detailed specifications, general conditions and as follows: 1. Certified Test Reports - A report prepared by an approved testing agency giving results of tests performed on products to indicate their compliance with the specifications. (Refer to Section 01 40 00 — Quality Control.) 2. Certification of Local Field Service - A certified letter stating that field service is available from a factory or supplier approved service organization located within a 300 mile radius of the project site. List names, addresses, and telephone numbers of approved service organizations on or attach to the certificate. 3. Extended Warranty - A guarantee of performance for the product or system beyond the normal one year correction period described in the General Conditions. Issue the warranty certificate in the name of the OWNER. 4. Extended Service Agreement - A contract to provide maintenance beyond that required to fulfill requirements for warranty repairs, or to perform routine maintenance for a definite period of time beyond the warranty period. Issue the service agreement in the name of the OWNER. 5. Certification of Adequacy of Design - A certified letter from the manufacturer of the equipment stating that they have designed the equipment to be structurally stable and to withstand all imposed loads without deformation, failure, or adverse effects to the performance and operational requirements of the unit. The letter shall state that mechanical and electrical equipment is adequately sized to be fully operational for the conditions specified or normally encountered by the product's intended use. 6. Certification of Applicator/Subcontractor - A certified letter stating that the Subcontractor or Supplier proposed to perform a specified function is duly designated as factory authorized and trained for the application of the specified product. Submit record data to provide information to allow the OWNER to adequately identify the products incorporated into the project and allow replacement or repair at some future date. City of Paris, Texas 01 33 00 — Page 6 of 11 Submittals 9/10/2020 1. Provide record data for all products. Record data is not required for items for which Shop Drawings and/or operations and maintenance manuals are required. 2. Provide information only on the specified products. Submit a Contract Modification Request for approval of deviations or substitutions and obtain approval by Field Order or Change Order prior to submitting record data. 3. Provide the same information required for Shop Drawings. 4. Record data will be received by the ENGINEER, logged, and provided to OWNER for the Project record. a. Record data may be reviewed to see that the information provided is adequate for the purpose intended. Inadequate drawings will be returned as unacceptable. b. Record data is not reviewed for compliance with the Contract Documents. Comments may be returned if deviations from the Contract Documents are noted during the cursory review performed to see that the information is adequate. J. Provide Samples for comparison with products delivered to the Site for use on the Project. 1, Samples shall be of sufficient size and quantity to clearly illustrate the functional characteristics of the product, with integrally related parts and attachment devices. 2. Indicate the full range of color, texture, and patterns. 3. Dispose of Samples when related Work has been completed and approved, and disposal is requested by the ENGINEER. At OWNER's option Samples will become the property of the OWNER. K. Construct mock-ups for comparison with the work being performed. 1. Construct mock-ups of the size or area indicated in the detailed Specifications. 2, Construct mock-ups complete with texture and finish to represent the finished product. 3. Protect mock-ups until Work has been completed and accepted by the OWNER. 4. Dispose of mock-ups when related Work has been completed and disposal is approved by the ENGINEER. L. Submit Operation and Maintenance manuals (O&M) for all equipment, mechanical devices, or components described in the Contract Documents per Section 01 78 23 — Operation and Maintenance Data. Include copies of approved Shop Drawings in the manual. M. Submit Request for Information (RFI) in accordance with Section 01 31 00 Project Administration. N. Submit a Schedule of Values and Application for Payment (AP). O. Submit Progress Schedules in accordance with the General Conditions. P. Submit Certified Test Reports (CTR) from independent testing laboratories in accordance with Section 01 40 00 — Quality Control. 1. Submit test reports for material fabricated for this project with Shop Drawings for that product. City of Paris, Texas 01 3300 Page 7 of 11 Submittals 9/10/2020 2. Submit test reports produced at the point of production for standard production products with the record data for that product. Q. Submit a list of Suppliers and Subcontractors as record data in accordance with Section 01 31 00 — Project Administration. R. Submit Notifications by CONTRACTOR in accordance with Section 01 31 00 — Project Administration. S. Submit Preconstruction Videos in accordance with Section 01 31 00 — Project Administration. A. The products of the listed suppliers are to be furnished where detailed specifications list several manufacturers but do not specifically list "or equal" or "or approved equal" products. Use of any products other than those specifically listed is a substitution and must be approved per Paragraph 1.08. S. CONTRACTOR may submit other manufacturers' products that are in full compliance with the specification where detailed specifications list one or more manufacturers followed by the phase "or equal" or "or approved equal". 1. Submit Shop Drawings of adequate detail to document that the proposed product is equal or superior to the specified product. 2. Prove that the product is equal. It is not the ENGINEER's responsibility to prove the product is not equal. a. Indicate on a point by point basis for each specified feature that the product is equal to the Contract Document requirements. b. Make a direct comparison with the specified manufacturer's published data sheets and available information. Provide this printed material with the submittal. C. The decision of the ENGINEER regarding the acceptability of the proposed product is final. 3. Provide a certification that, in furnishing the proposed product as an equal, the CONTRACTOR: a. Has thoroughly examined the proposed product and has determined that it is equal or superior in all respects to the product specified. b. Has determined that the product will perform in the same manner as the specified product. C. Will provide the same warranties and/or bonds as for the product specified. d. Will assume all responsibility to coordinate any modifications that may be necessary to incorporate the product into the Work and will waive all claims for additional materials or effort which may be necessary to incorporate the product into the Project. e. Will maintain or improve the delivery and installation schedule as for the specified product. 4. A modification request is not required for any product that is in complete compliance with the Contract Documents. 1.08 SUBMITTALSSUBSTITUTIONS City of Paris, Texas 01 33 00 Page 8 Of 11 Submittals 9/10/2020 A. Substitutions are defined as any product that the CONTRACTOR proposes to provide for the Project in lieu of the specified product. E•• Submit the following for consideration of approval of a Supplier or product which is not specified: 1. Contract Modification Request for deviation from the Contract Documents per Paragraph 1.08 and Section 01 31 00 — Project Administration. 2. Prove that the product is acceptable as a substitute. Itis not the ENGINEER's responsibility to prove the product is not acceptable as a substitute. a. Indicate on a point by point basis for each specified feature that the product is acceptable to meet Contract Documents requirements. b. Make a direct comparison with the specified Supplier's published data sheets and available information. Provide this printed material with the submittal. C. The decision of the ENGINEER regarding the acceptability of the proposed substitute product is final. 3. Provide a typewritten certification that, in making the substitution request, the CONTRACTOR: a. Has determined that the substituted product will perform in substantially the same manner and result in the same ability to meet the specified performance as the specified product. b. Will provide the same warranties and/or bonds for the substituted product as specified or as would be provided by the Manufacturer of the specified product. C. Will assume all responsibility to coordinate any modifications that may be necessary to incorporate the substituted product into the project and will waive all claims for additional Work which may be necessary to incorporate the substituted product into the Project which may subsequently become apparent. d. Will maintain the same time schedule as for the specified product. C. Pay engineering cost for review of substitutions. Cost for additional review time will be billed to the OWNER by the ENGINEER for the actual hours required for the review and marking of Shop Drawings by ENGINEER. Cost for the additional review shall be paid to the OWNER by the CONTRACTOR on a monthly basis. A. Submit warranties and guarantees required by the Contract Documents with the Shop Drawings or record data. B. Provide additional copies for equipment and include this additional copy in the Operation and Maintenance Manuals. Refer to Section 01 78 23 Operation and Maintenance Data. C. Provide a separate manual for warranties and guarantees. City of Paris, Texas 01 3300 Page 9 of 11 Submittals 9/10/2020 1. Provide a log of all products for which warranties or guarantees are provided, and for all equipment. Index the log by Specification Section number on forms provided by the ENGINEER. 2. Indicate the start date, warranty or guarantee period and the date upon which the Warranty or guarantee expires for product or equipment which a warranty or guarantee is required. 3. Indicate the date for the start of the correction period specified in the General Conditions for each piece of equipment and the date on which the specified correction period expires. 4. Provide a copy of the warrantee or guarantee under a tab indexed to the log. 111 u 0 , 3T1.._3`4�l Rmbi] A. Make all corrections or changes in the submittals required by the ENGINEER and resubmit until approved. B. For shop drawings: 1. Revise initial drawings or data and resubmit as specified for the original submittal. 2. Highlight in yellow those revisions which have been made in response to the first review by the ENGINEER. 3. Highlight in blue any new revisions which have been made or additional details of information that has been added since the previous review by the ENGINEER. C. For samples: Submit new samples as required for the initial sample. Remove samples which have been rejected. D. For mock-ups: Construct a new mock-up as initially required. Dispose of mock-ups which have been rejected. Engineering cost for excessive review of shop drawings will be paid by the CONTRACTOR. 1. Excessive review of shop drawings is defined as any review required after the original review has been made and the first resubmittal has been checked to see that corrections have been made. 2. Cost for additional review time will be billed to the OWNER by the ENGINEER for the actual hours required for the review and marking of shop drawings by ENGINEER. 3. Pay cost for the additional review to the OWNER on a monthly basis as billed by the OWNER. 4. Need for more than one resubmission or any other delay of obtaining ENGINEER's review of submittals, will not entitle the CONTRACTOR to an extension of Contract Time. All costs associated with such delays shall be at the CONTRACTOR's expense. 1.11 PROCEDURES FOR APPLICATIONS FOR PAYMENT A. Submit Applications for Payment and Schedule of Values per the procedures indicated in Section 01 22 13 — Measurement and Payment. B. Provide preconstruction videos per Section 01 31 00, Project Administration with each Application for Payment. 1.12 ALTERNATES AND ALLOWANCES A. Include amounts for specified Alternate Work in the Agreement. City of Paris, Texas 01 33 00 — Page 10 of 11 Submittals 9/10/2020 == IfIR!, 1! � I � IM? Ii 2111111011111 1.13 ENGINEER'S ICS "nIES A. Review the submittals and return with reasonable promptness. Refer to General Conditions of Contract. I Affix stamp, indicate approval, rejection, and the need for resubmittal. C. Distribute documents City of Pads, Texas 01 3300 Pagel 1 of 11 Submittals 9/10/2020 = 1. SECTION 0140 0 1.01 SUMMARY A. Laboratory Testing All tests which require the services of a laboratory to determine compliance with the Contract Documents and as specified herein shall be perfor��ed by the OWNER's testing laboratory. Z Quality assurance testing will be provided by the OWNER. E. Field testing shall be conducted by the CONTRACTOR as described in the Technical Specifications. A. Control the quality of work produced and verify that the work performed meets the standards of quality established in the Contract Documents. 1. Inspect the work performed by the CONTRACTOR, subcontractors, and suppliers. Correct defective work. 2. Inspect products to be incorporated into the project. Provide only those products that comply with the Contract Documents. 3. Verify conformance of the work and products with the Contract Documents before notifying the OWNER of need for testing. 4. Provide consumable construction materials of adequate quality to provide a finished product that complies with the Contract Documents. 5. Provide and pay for the service of any professional materials re -testing, using OWNER's testing laboratory to insure that products proposed for use fully comply with the Contract Documents. 6. Perform tests as indicated in this and other sections of the Specifications. Schedule the time and sequence of testing with the OWNER. Testing is to be observed by the OWNER or ENGINEER. 7. Provide labor, materials, tools, equipment, and related items for testing by the OWNER including, but not limited to temporary construction required for testing and operation of new and existing utilities. B. Provide Certified Test Reports on products or constructed works to be incorporated into the project as required by Section 01 33 00 — Submittals. Reports are to indicate that products or constructed works are in compliance with the Contract Documents. C. Provide and maintain a written Quality Control Program that establishes the methods of assuring compliance with the Contract Documents. D. Designate Quality Control personnel at the start of the project. These personnel shall have the authority to monitor the work effectively and to implement and enforce the Quality Control program. E. Assist the OWNER and OWNER's testing organization to perform quality assurance activities. Provide access to the work and to the Manufacturer's operation at all times work is in progress. City of Paris, Texas 01 40 00 -- Page 1 of 4 Quality Control 9/10/2020 2. Cooperate fully in the performance of sampling, inspection, and testing. 3. Furnish labor and facilities to: a. Provide access to the work to be tested. b. Obtain and handle samples for testing at the project site or at the source of the product to be tested. C. Facilitate inspections and tests. d. Store and cure test samples. 4. Furnish copies of these "tests performed on products. 5. Provide adequate quantities of representative product to be tested to the laboratory at the designated location. 6. Give the OWNER adequate notice before proceeding with work that would interfere with testing. 7. Notify the OWNER and the testing laboratory prior to the time that testing is required. Lead time is to be adequate to allow arrangements to be made for testing. 8. Do not proceed with any work until testing services have been performed and results of tests indicate that the work is acceptable. 9. Provide complete access to the site and make Contract Documents available. 10. Provide personnel and equipment needed to perform sampling or to assist in making the field tests. 11. Quality assurance testing performed by the OWNER will be paid for by the OWNER. F. Provide personnel certified to perform the tests required. G. Should requirements of this Section of the Specifications conflict with the requirements of the detailed Specifications, the technical Specifications shall govern. 1.03 QUALITY ASSURANCE ACTIVITIES BY THE OWNER A. Quality assurance activities of the OWNER through their own forces or through contracts with materials testing laboratories and survey crews are for the purpose of monitoring the results of the CONTRACTOR's work to see that it is in compliance with the requirements of the Contract Documents. B. Failure on the part of the OWNER to perform or test products or constructed works in no way relieves the CONTRACTOR of the obligation to perform work and furnish materials conforming to the Contract Documents. C. The testing laboratory retained by the OWNER shall furnish four (4) copies of a written report of each test performed. One (1) copy will be sent to the Resident Project Representative, one (1) copy will be sent to the ENGINEER, one (1) copy will be sent to the OWNER, and one (1) copy will be sent to the CONTRACTOR within three (3) days after the test is complete. 1.04 SUBMITTALS Submittals shall be in accordance with Section 01 33 00 — Submittals, and shall include: A. The name of the proposed testing laboratory along with documentation of qualifications, a list of tests that can be performed, and a list of recent projects for which testing has been performed with references from those projects. City of Paris, Texas 01 4000 Page 2 of 4 Quality Control 9/10/2020 IB,. Test reports per Paragraph 1.08, Test Reports, of this Specification. ,L05 STAINDAIRIC;DS A. Provide a testing laboratory that complies with the ACIL (American Council of Independent Laboratories) "Recommended Requirements for Independent Laboratory Qualifications". B. Perform testing per recognized test procedures as listed in the various sections of the Specifications, standards of the State Department of Highways and Public Transportation, American Society of Testing Materials (ASTM), or other testing associations. Perform tests in accordance with published procedures for testing issued by these organizations. 1.06 DELIVERY AND STORAGE Handle and protect test specimens of products and construction materials at the construction site in accordance with recognized test procedures. 1.07 VERIFICATION I A. Provide verification testing when tests performed by the OWNER indicate that materials or the results of construction activities are not in conformance with Contract Documents. B. Verification testing is to be provided at the CONTRACTOR's expense to verify products or constructed works are in compliance after corrections have been made. C. Tests must comply with recognized methods or with methods recommended by the OWNER's testing laboratory and approved by the ENGINEER. 1.08 TEST REPORTS A. Test reports are prepared for all tests. 1. Tests performed by testing laboratories may be submitted on their standard test report forms. These reports must include the following: a. Name of the OWNER, project title and number, equipment installer and general contractor. b. Name of the laboratory, address, and telephone number. C. Name and signature of the laboratory personnel performing the test. d. Description of the product being sampled or tested. e. Date and time of sampling, inspection, and testing. f. Date the report was issued. g. Description of the test performed. h. Weather conditions and temperature at time of test or sampling. i. Location at the site or structure where the test was taken. j. Standard or test procedure used in making the test. k. A description of the results of the test. I. Statement of compliance or non-compliance with the Contract Documents. M. Interpretations of test results, if appropriate. 2. Submit reports for tests performed by CONTRACTOR or his suppliers or vendors. City of Paris, Texas 01 40 00 Page 3 of 4 Quality Control 9/10/2020 lq12,�:(... o ies OWNER 2 ENGINEER 1 CONTRACTOR 1 A. Immediately correct any work that is not in compliance with the Contract Documents or submit a written explanation of why the work is not to be corrected immediately and when the corrective work will be performed. B. Payment for non -conforming work shall be withheld until work is brought into compliance with the Contract Documents. A. The testing laboratory representative is limited to providing consultation on the test performed and in an advisory capacity. B. The testing laboratory is not authorized to: 1. Alter the requirements of the contract documents. 2. Accept or reject any portion of the work. 3. Perform any of the duties of the CONTRACTOR. 4. Stop the work. PART 2 PRODUCTS 2.01 TESTING APPARATUS Furnish testing apparatus and related accessories necessary to perform the tests. Test piping as described in Specification Section 33 04 40 — Cleaning and Acceptance Testing of Water Mains and Specification and Section 33 31 20 — Polyvinyl Chloride (PVC) Sewer Pipe, as applicable. Test manholes as described in Specification Sections 33 39 10 — Cast -in -Place Concrete Manholes and 33 39 15 — Precast Concrete Manholes, as applicable. City of Paris, Texas 01 40 00 _ Page 4 of 4 Quality Control 9/10/2020 r M, Milf i i, 101 A. Comply with requirements of the General Conditions and specified administrative procedures in closing out the Construction Contract. A. See Section 01 33 00 -- Submittals. A. Submit written notification that the work or designated portion of the work is substantially complete to the OWNER when the work is considered to be substantially complete per the General Conditions. Include a list of the items remaining to be completed or corrected before the project will be considered to be complete. E. OWNER shall visit the project site to observe the work within a reasonable time after notification is received to determine the status of completion. C. OWNER shall issue notification to the CONTRACTOR that the work is either substantially complete or that additional work must be performed before the project may be considered substantially complete. 1. OWNER shall notify the CONTRACTOR in writing of items that must be completed before the project can be considered substantially complete. a. Correct and note deficiencies in the work. b. Issue a second written notice with a revised list of deficiencies when work has been completed. C. OWNER shall revisit the site and the procedure shall begin again. 2. When the project is considered to be substantially complete OWNER shall prepare and send to the CONTRACTOR a definite Certificate of Substantial Completion with a revised tentative list of items to be corrected or completed. D. The CONTRACTOR shall be solely liable for any damage to property or improvements as a result of the construction of this work. This CONTRACTOR will cause to be protected all improvements on or off the right-of-way, such as fences, buildings, signs, poles, utilities, trees, shrubs, etc., unless designated for removal, and should such improvements be damaged, he shall make restitution to the satisfaction of their OWNER. The CONTRACTOR shall be responsible for such improvements that must be relocated or temporarily moved and shall do such work at his cost. All damage to property or improvements shall be resolved prior to substantial completion. Damages are subject to immediate resolution at the OWNERS request. .`L1' A. Submit written certification when the project is complete and: 1. Contract Documents have been reviewed. 2. Work has been completed in compliance with the Contract Documents. City of Paris, "'i"exas 01 7000 Page 1 of 4 Contract Closeout 9/10/2020 Equipment and systems have been tested per Contract Documents and are fully operational. 3. Work is complete and ready for final inspection. 4. All tools, temporary structures, and materials belonging to the CONTRACTOR have been removed from the project site. All rubbish and other foreign substances shall be removed from the project site and satisfactorily disposed of. All job sites including streets, easements, rights- of-way, roads, and areas used by the CONTRACTOR shall be left in a clean, neat condition satisfactory to their owner. The OWNER'S representative may also require clean-up of the job site or easements and rights-of-way periodically during the progress of the work. B. OWNER shall make an inspection with appropriate regulatory agencies to determine the status of completeness within a reasonable time after the receipt of the Certificate. C. OWNER shall issue notice that the project is complete or notify the CONTRACTOR that work is not complete or is defective. 1. Submit the request for final payment with Closeout submittals described in Paragraph 1.05 if notified that the project is complete and the work is acceptable. 2. Upon receipt of notification from the OWNER that work is incomplete or defective, take immediate steps to remedy the stated deficiencies. Send a second certification to the OWNER when work has been completed or corrected. 3. OWNER shall re -visit the site and the procedure will begin again. A. Record Drawings per Section 01 31 00 Project Administration. B. Keys and keying schedule. C. Warranties and bonds. D. Evidence of payment or release of liens as indicated in 00 72 00 General Conditions. E. Consent from Surety to Final Payment. F. Equipment installation reports on equipment. G. Shop drawings, record data, Operations and Maintenance Manuals, and other Submittals as required by the Contract Documents. H. Specified spare parts and special tools. I. Certificates of Occupancy, operating certificates, or other similar releases required to allow the OWNER unrestricted use of work and access to service and utilities. J. Evidence of final, continuing insurance, and bond coverage as required by the Contract Documents. A. Submit a preliminary final payment request. This request is to include adjustments to the Contract Amount for: 1. Approved Change Orders. 2. Allowances not previously adjusted by Change Order. City of Paris, Texas 01 70 00 -- Page 2 of 4 Contract Closeout 9/10/2020 3. Unit Prices. 4. Deductions for defective work that has been accepted by the OWNER Penalties and bonuses. .. Deductions for liquidated damages. 6. Deductions for re -inspection payments per Paragraph 1.04. 7. Other adjustments. B. OWNER shall prepare a final Change Order, reflecting the approved adjustments to the contract amount which have not been covered by previously approved Change Orders. C. Submit the final application for payment per the General Conditions, including the final Change Order. 1.07 WARRANTIES. BONDS AND SERVICES AGREEMENTS A. Provide warranties, bonds, and service agreements required by Section 01 33 00 - Submittals or by the individual sections of the specifications. B. The date for the start of warranties, bonds, and service agreements is established per the General Conditions. C. Compile warranties, bonds, and service agreements and review these documents for compliance with the Contract Documents. 1. Each document is to be signed by the respective manufacturer, supplier, and subcontractor. 2. Each document is to include: a. The product or work item description. b. The firm, with the name of the principal, address, and telephone number. C. Scope of warranty, bond or services agreement. d. Date, duration, and expiration dale for each warranty bond and service agreement. e. Procedures to be followed in the event of a failure. f. Specific instances that might invalidate the warranty or bond. D. Submit two (2) copies of each document to the OWNER. 1. Submit duplicate sets. 2. Documents are to be submitted on 8-1/2"x 11" paper, punched for a standard three-ring binder. 3. Submit each set in a commercial quality three-ring binder with a durable and cleanable plastic cover. The title "Warranties, Bonds, and Services Agreements", the project name and the name of the CONTRACTOR are to be typed and affixed to the cover. Ea Submit warranties, bond and services agreements: 1. At the time of final completion and before final payment. 2. Within 10 days after inspection and acceptance for equipment or components placed in service during the progress of construction. City of Paris, Texas 01 70 00 _ Page 3 of 4 Contract Closeout 9/10/2020 1.08 CLAIMS AND DISPUTES A. Claims and disputes must be resolved prior to recommendations of final payment. Acceptance and final payment by the CONTRACTOR will indicate that any outstanding claims or disputed issues have been resolved to the full satisfaction of the CONTRACTOR. City ofParis, Texas 01 7OU0—Page 4of4 Contract Closeout SECTION 01 78 36 A. This Section specifies general administrative and procedural requirements for warranties and bonds required by the Contract Documents, including manufacturer's standard warranties on products and special warranties. 1.02 DEFINITIONS: A. Standard Product Warranties are pre-printed written warranties published by individual manufacturers for particular products and are specifically endorsed by the manufacturer to the OWNER. B. Special Warranties are written warranties required by or incorporated in the Contract Documents, either to extend time limits provided by standard warranties or to provide greater rights for the OWNER. C. Standard Product Warranties and Special Warranties shall start on the date established as the date of Substantial Completion. o A. Refer to Division 0 for Conditions of Contract for the general requirements relating to warranties and bonds. B. General closeout requirements are included in Section 01 70 00. C. Specific requirements for warranties for the Work and products and installations that are specified to be warranted are included in the individual Sections of Division 2 through 33. D. Certifications and other commitments and agreements for continuing services to OWNER are specified elsewhere in the Contract Documents. 1.04 SUBMITTALS: A. Submit written warranties to the OWNER prior to the date fixed by the ENGINEER for Substantial Completion. If the Certificate of Substantial Completion designates a commencement date for warranties other than the date of Substantial Completion for the Work, or a designated portion of the Work, submit written warranties upon request of the OWNER. B. When a designated portion of the Work is completed and occupied or used by the OWNER, by separate agreement with the CONTRACTOR during the construction period, submit properly executed warranties to the OWNER within fifteen days of completion of that designated portion of the Work. C. When a special warranty is required to be executed by the CONTRACTOR, or the CONTRACTOR and a subcontractor, supplier or manufacturer, prepare a written document that contains appropriate terms and identification, ready for execution by the required parties. Submit a draft to the ENGINEER for acceptance prior to final execution. D. Refer to individual Sections of Divisions 2 through 33 for specific content requirements, and particular requirements for submittal of special warranties. E. At Final Completion, compile two copies of each required warranty and bond properly executed by the CONTRACTOR, or by the CONTRACTOR, subcontractor, supplier, or manufacturer. Organize the warranty documents into an orderly sequence based on the table of contents of the Contract Documents. City of Paris, Texas 00 78 36 — Page 1 of 2 Warranties and Bonds 9/10/2020 l:: Bind warranties and bonds in durable 3 -ring binders, thickness as necessary to accommodate contents, and sized for 8 -1/2 -inch by 11 -inch paper. C. Table of Contents with each item identified with the number and title of the specification Section in which specified, and the name of the product or work item. H. Provide heavy paper dividers for each separate warranty. Provide a typed description of the product or installation, including the name of the product, and the name, address and telephone number of the installer, supplier, and manufacturer. Identify each binder on the front and the spine with the title "WARRANTIES AND BONDS," the Project title or name, and the name, address, and telephone numbers of the Contractor and equipment supplier. When operating and maintenance manuals are required for warranted construction, provide additional copies of each required warranty, as necessary, for inclusion in each required manual. 1.05 WARRANTY REQUIREMENT: A. Related Damages and Losses: When correcting warranted Work that has failed, remove and replace other Work that has been damaged as a result of such failure or that must be removed and replaced to provide access for correction of warranted Work. B. Reinstatement of Warranty: When Work covered by a warranty has failed and been corrected by replacement or rebuilding, reinstate the warranty by written endorsement. The reinstated warranty shall be equal to the original warranty with an equitable adjustment for depreciation. C. Replacement Cost: Upon determination that Work covered by a warranty has failed, replace or rebuild the Work to an acceptable condition complying with requirements of Contract Documents. The CONTRACTOR is responsible for the cost of replacing or rebuilding defective Work regardless of whether the OWNER has benefited from use of the Work through a portion of its anticipated useful service life. D. Owner's Recourse: Written warranties made to the OWNER are in addition to implied warranties, and shall not limit the duties, obligations, rights and remedies otherwise available under the law, nor shall warranty periods be interpreted as limitations on time in which the OWNER can enforce such other duties, obligations, rights or remedies. E. Rejection of Warranties: The OWNER reserves the right to reject warranties and to limit selections to products with warranties not in conflict with requirements of the Contract Documents. F. The OWNER reserves the right to refuse to accept Work for the Project where a special warranty, certification, or similar commitment is required on such Work or part of the Work, until evidence is presented that entities required to countersign such commitments are willing to do so. G. Disclaimers and Limitations: Manufacturer's disclaimers and limitations on product warranties do not relieve the CONTRACTOR of the warranty on the Work that incorporates the products, nor does it relieve suppliers, manufacturers, and subcontractors required to countersign special warranties with the CONTRACTOR. City of Paris, Texas 00 78 36 .-- Page 2 of 2 Warranties and Bonds 9/10/2020