02 "T" Hangar Specs--Previous7 UNIT NESTED T-HANGAR
COX FIELD
APRIL, 2001
CITY OF PARIS, PARIS, TEXAS
MAYOR
MICHAEL J. PFIESTER
MAYOR PRO-TEM
RICHARD MANNING
CITY COUNCIL
JOE E. MCCARTHY
KEVIN GRAY
BENNY PLATA
JOHN F. BELL
JOHN A. CARTER, JR.
CITY MANAGER
MICHAEL E. MALONE
CITY ATTORNEY
LARRY W. SCHENK
INTERIM CITY ENGINEER
B. FRANK DAVIS, JR., P.E., R.P.L.S.
Approved for Construction
Michael J. Pfies er, or
~ E•OF rFt
~~'~s~~~ Reco m fo onstructi n
~
:
B f .DAVIS JR.
~ B. Frank Davis, Jr., P.E., R.P.L.S.
e_ 58852 _._4Q~ Interim City Engineer
TABLE OF CONTENTS
Advertisement for Bids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . 1
Instructions to Bidders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . 2
. . . 9
Bid . . . . .
. . . . . . . . . .
..15
Bid Bond
Notice of Award . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . 16
. . . 18
Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . .
Notice to Proceed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . 25
Receipt For Payment and Release of Liens . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . 26
Construction Payment Bond . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . 27
Construction Performance Bond . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . 29
Standard General Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . 31
Supplementary Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . 60
. 69
Technical Specifications . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . .
PUBLISH PARIS NEWS
DATE: Apri129, 2001
DATE: May 6, 2001
ADVERTISEMENT FOR BIDS
PROJECT: 7 UNIT NESTED T-HANGAR, COX FIELD
OWNER: CITY OF PARIS, PARIS, TEXAS
Sealed bids for the construction of a 7 tJNIT NESTED T-HANGAR, complete in place, will
be received by the City of Paris, Paris, Texas, at the office of City Manager, City Hall, 135 1 st SE
Street, Paris, Texas 75460, until Tuesday, May 8, 2001, at 3:00 P.M., and then publicly opened and
read aloud.
Contract Documents may be examined at the following place: after 10:00 A.M., Monday,
Apri130, 2001
CITY ENGINEER'S OFFICE
City Hall Annex
150 lst SE
P.O. Box 9037
Paris, Texas 75461-9037
Contract Documents may be obtained at the City of Paris, Engineering Office by depositing a check
in the amount of 25.00 per set payable to the City of Paris which shall be non-refundable.
Bids must be submitted on the bid form included in the Contract Documents. Bid Security
in the form and amount as stated in Instruction to Bidders must be submitted with each bid.
All Bids shall remain open for 60 days after the Bid opening.
The City of Paris, Paris, Texas, as OWNER, Reserves the right to waive any and all
informalities and to reject any and all bids.
By Resolution of the City Council
City of Paris
Paris, Texas
City Clerk C9.~~
Mattie Cunningham
INSTRUCTIONS TO BIDDERS
1. Defined Terms.
Terms used in these Instructions to Bidders which are defined in the Standard General Conditions
of the Construction Contract 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 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).
2. Copies of Bidding- Documents.
2.1 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated
in the Advertisement or Invitation to Bid may be obtained from Engineer. If a deposit is required
to obtain Contract Documents, it shall be non-refundable.
2.2 Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor
Engineer assume any responsibility for errors or misinterpretations resulting from the use of
incomplete sets of Bidding Documents.
2.3 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.
3. 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 and other such data as may be called for below. Each Bid must contain evidence of
Bidders's qualification to do business in the state where the Project is located or covenant to obtain
such qualification prior to award of the contract.
4. Examination of Contract Documents and Site.
4.1 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 for 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
cazefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of
all conflicts, errors or discrepancies in the Contract Documents.
2
4.2 Information and data reflected in the Contract Documents with respect to Underground Facilities
at or contiguous to the site is based upon information and data furnished to Owner and Engineer by
owners of such Underground Facilities or others, and Owner does not assume responsibility for the
accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary
Conditions.
4.3 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 Paragraphs 4.2 and 4.3 of
the General Conditions.
4.4 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 cost, progress, performance or fixrnishing 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.
4.5. 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.
4.6 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.
4.7 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder
has complied with every requirement of the 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.
5. Interpretations and Addenda.
5.1 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 ten 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 interpreta.tions or clarifications will be without legal effect.
3
5.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner
or Engineer.
6. Bid Securitv.
6.1 Each Bid must be accompanied by Bid security made payable to Owner in an amount of five
percent of the Bidder's maximum 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 Paragraph
5.1 of the General Conditions.
6.2 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 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 the
earlier of the seventh day after the Effective Date of the Agreement or the sixty-first day after the Bid
opening, whereupon Bid security furnished by such Bidders will be returned. Bid security with Bids
which are not competitive will be returned within seven days after the Bid opening.
7. 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.
8. Liquidated Damag-es.
Provisions for liquidated damages, if any, are set forth in the Agreement.
9. 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 Paragraphs 6.7.1, 6.7.2 and 6.7.3 of the General Conditions
and may be supplemented in the Technical Specifications.
10. Subcontractors Suppliers and Others.
10.1 If the Supplementary Conditions require 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
4
seven days after the Bid opening submit the Owner a list of all such Subcontractors, Suppliers and
other persons and organizations proposed for those portions of the Work for which such
identification is 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, person or organization if requested by Owner. If Owner or Engineer after
due investigation has reasonable objection to any proposed Subcontractor, Supplier, other person or
organization, either may before the Notice of Award is given request the apparent Successful Bidder
to submit an acceptable substitute in which case the apparent Successful Bidder shall submit an
acceptable substitute without an increase in Bid price. If apparent Successful Bidder declines to
make any such substation, 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, Supplier, other person 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 6.8.2 of the General Conditions.
10.2 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 within Owner's written consent.
10.3 No Contractor shall be required to employ any Subcontractor, Supplier, other person or
organization against whom Contractor has reasonable objection.
11. Bid Form.
11.1 The Bid Form is included with the Bidding Documents; additional copies may be obtained
from Engineer.
11.2 All blanks on the Bid Form must be completed in ink by typewriter or clearly legible
handwriting.
11.3 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.
11.4 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.
11.5 All names must be typed or printed below the signature.
11.6 The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which
must be filled in on the Bid Form).
5
11.7 The address and telephone number for communications regarding the Bid must be shown.
12. 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.
13. Modification and Withdrawal of Bids.
13.1 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.
13.2 If, within twenty-four 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.
14. Opening- of Bids.
Bids will be opened and read aloud publicly. An abstract of the amounts of the base bids and major
alternates (if any) will be made available to Bidders after the opening of Bids.
15. Bids to Remain Subject to Accentance.
All bids will remain subject to acceptance for sixty 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.
16. Award of Contract.
16.1 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 the correct sum thereof will be resolved in favor of the
correct sum.
6
16.2 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.
16.3 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 person 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.
16.4 Owner may conduct such investigation as Owner deems necessary to assist in the evaluation
of any Bid and 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.
16.5 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 interest of the Project.
16.6 If the contract is to be awarded, Owner will give the Successful Bidder a Notice of Award
within sixty days after the day of the Bid opening.
17. Contract Securitv.
Paragraph 5.1 of the General Conditions and the Supplementary Conditions 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 any payment
Bonds.
18. SigningLof 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 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 ten days thereafter Owner shall deliver one fully signed counterpart to Contractor.
19. Prebid Conference.
No prebid conference will be held.
7
20. Sales and Use Taxes.
Owner is exempt from taxes under Chapter 20, Title 122A, Revised Civil Statutes of Texas to be
incorporated in the Work (exemption No.75-6000635). Said taxes shall not be included in the
Contract Price.
21. Retainaee.
From each partial payment made to the Contractor, an amount equal to ten percent will be retained
until after the completion of the Work to the satisfaction of the Engineer.
BID FORM
PROJECT IDENTIFICATION: 7 UNIT NESTED T-HANGAR
COX FIELD
CITY OF PARIS, PARIS, TEXAS
CONTRACT IDENTIFICATION AND NUMBER:
THIS BID IS SUBMITTED TO: The Honorable Mayor and City Council
City Hall
135 S.E. 1 st Street
Paris, Texas 75460
1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement
with CITY 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 sixty 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 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.
Date Number
(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 fiunishing of the Work.
(c) BIDDER has studied carefully all reports and drawings of subsurface conditions and drawings
of physical conditions which are identified in the Supplementary Conditions as provided in
paragraph 4.2 of the General Conditions, and accepts the determination set forth in paragraph SC 4.2
of the Supplementary Conditions of the extent of the technical data contained in such reports and
drawings upon which BIDDER is entitled to rely.
9
(d) BIDDER has obtained and carefully studied (or assumes responsibility for obta.ining and
carefully studying) all such examinations, investigations, explorations, tests and studies ( in addition
to or to supplement those referred to in (c) above) which pertain to the subsurface or physical
conditions and 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 condition of the Contract
Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and
no additional examinations, investigations, explorations, tests, reports or similar information or data
are or will be required by BIDDER for such purposes.
(e) BIDDER has reviewed and checked all information and data shown or indicated on the Contract
Documents with respect to existing Underground Facilities at or contiguous to the site and assumes
responsibility for the accurate location of said Underground Facilities. No 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 Contract Price, within the Contract Time and in accordance with the other terms and
conditions of the Contract Documents, including specifically the provisions of paragraph 4.3 of the
General Conditions.
( fl 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.
(g) BIDDER has given ENGINEER written notice of all conflicts, errors or discrepancies that it has
discovered in the Contract Documents and the written resolution thereof by ENGINEER is
acceptable to BIDDER.
(h) 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.
10
4. BIDDER will complete the work for the following price(s) :
UNIT PRICE SCHEDULE
ESTIMATED TOTAL
NO. ITEM UNIT OUANTITY PRICE ESTIMATED PRICE
1. 7-LTNIT NESTED
T-HANGAR, complete
in place. LS
TOTAL OF UNIT PRICE
(use words) (figures)
11
Quantities are not guaranteed, Final payment will be based on actual quantities.
BIDDER agrees that the Work will be substantially complete within 180 calendar days after
the date when the Contract Time commences to run as provided in paragraph 2.3 of the
General Conditions, and completed and ready for final payment within 210 calendar days
after the date when the Contract Time commences to run.
BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of
failure to complete the Work on time.
6. The following documents are attached to and made a condition of this BID:
(a) Required Bid Security in the form of
7. Communications concerning the Bid shall be addressed to the address of BIDDER indicated
below.
The terms used in this Bid which are defined in the General Conditions of the Construction
Contract included as part of the Contract Documents have the meanings assigned to them in
the General Conditions.
SUBMITTED ON ,2001.
12
If BIDDER is:
An Individual
By
(Individual's Name)
doing business as
Business address:
(SEAL)
Phone Number:
A Partnershin
By
(Firm Name)
SEAL)
(General Partner)
Business address:
Phone Number:
A Corporation
By
(Corporation Name)
(State of Incorporation)
By
(Name of Person Authorized to Sign)
(Title)
(Corporate Seal)
Attest
(Secretary)
Business address:
Phone Number:
13
A Joint Venture
By
(Name)
(Address)
By
(lvame)
(Each joint venturer 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.)
14
BID BOND
BOND NUMBER
KNOW ALL MEN BY THESE PRESENTS:
THAT
of
as Principal, and
as Surety, are held and firmly bound unto THE CITY OF
PARIS, PARIS TEXAS, as Obligee, in the full and just sum of
Dollazs, 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.
WHEREAS, the said Principal is herewith submitting its proposal for the construction of a
7 L7NIT NESTED T-HANGAR, complete in place.
THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be
awarded the Contract the said Principal will, within the time required, enter into a formal Contract
and give a good and sufficient Bond to secure the performance of the terms and conditions of the
Contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the
Obligee the difference in money between the amount of the Bid of the said Principal and the amount
for which the Obligee legally contracts with another party to perform the work if the latter amount
be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof.
Signed, sealed and delivered
(date)
SURETY
(seal)
(seal)
Attorney-in-fact
15
NOTICE OF AWARD
Dated , 2001
TO:
(Bidder)
ADDRESS:
OWNERS PROJECT NO.
PROJECT 7 UNIT NESTED T-HANGAR COX FIELD PARIS TEXAS
OWNER'S CONTRACT NO.
CONTRACT FOR 7 UNIT NESTED T-HANGAR. COX FIELD
You aze notified that your Bid dated , 20 01 for the above Contract has been
considered. You are the apparent successful bidder and have been awarded a contract for
construction of a 7 UNIT NESTED T-HANGAR, complete in place.
The Contract Price of your contract is
Dollars .00).
Three copies of each ofthe proposed Contract Documents (except Drawings) accompany this
Notice of Awazd. Three sets of the Drawings will be delivered separately or otherwise made
available to you immediately.
You must comply with the following conditions precedent within fifteen days of the date of
this Notice of Award, that is by 2001.
1. You must deliver to the OWNER three fully executed counterparts of the Agreement
including all the Contract Documents. This includes the triplicate set of Drawings.
Each of the Contract Documents must bear your signature on the cover page.
2. You must deliver with the executed Agreement the Contract Security (Bonds) as
specified in the Instructions to Bidders (paragraph 17),General Conditions (paragraph
5.1) and Supplementary Conditions (pazagraph SC5.1).
EJCDC No.1910-22 (1983 Edition)
Prepared by the Engineers' Joint Contract Documents Committee and endorsed
by The Associated General Contractors of America.
16
3. (List other conditions precedent).
NONE
Failure to comply with these conditions within the time specified will entitle OWNER to
consider your bid abandoned, to annul this Notice of Award and to declare your Bid Security
forfeited.
Within ten days after you comply with those conditions, O WNER will return to you one fully
signed counterpart of the Agreement with the Contract Documents attached.
City of Paris. Paris, Texas
(OWNER)
sy
(AUTHORIZED SIGNATURE)
INTERIM CITY ENGINEER
Copy to ENGINEER
(Use Certified Mail,
Return Receipt Requested)
17
AGREEMENT
THIS AGREEMENT is dated as of the day of in the year 2001 by and
between City of Paris, Paris, Texas, (hereinafter called OWNER) and
(hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree
as follows:
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The
Work is generally described as follows:
7 UNIT NESTED T-HANGAR
The Project for which the Work under the Contract Documents may be the whole or only a part is
generally described as follows:
7 LTNIT NESTED T-HANGAR
Article 2. ENGINEER.
The Project has been designed by City Engineer, City of Paris, Paris, Texas, or his authorized
representative, who is hereinafter call ENGINEER and who is to act as OWNER'S representative,
assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in
the Contract Documents in connection with completion of the Work in accordance with the Contract
Documents.
Article 3. CONTRACT TIME.
3.1 The Work will be substantially completed within 180 days from the date when- the
Contract Time commences to run as provided in paragraph 2.3 of the General Conditions,
and completed and ready for fmal payment in accordance with paragraph 14.13 of General
Conditions within 210 days from the date when the Contract Time commences to run.
3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence
of this Agreement and that OWNER will suffer financial loss if the Work is not completed
within the times specified in pazagraph 3.1 above, plus any extensions thereof allowed in
accordance with Article 12 of the General Conditions. They also recognize the delays,
expense and difficulties involved in proving in a legal or arbitration proceeding the actual
loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of
18
requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages
for delay (but not as a penalty) CONTRACTOR shall pay OWNER One hundred fift y and
No/100 dollars $ 150.00 )
for each day that expires after the time specified in paragraph 3.1 for Substantial Completion
until the Work is substantially complete. After Substantial Completion, if CONTRACTOR
shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any
proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER fi and
No/100 dollars 50.00 ) for each day that expires after the time specified
in paragraph 3.1 for completion and readiness for final payment.
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General
Conditions. Applications for Payment will be processed by ENGINEER as provided in the General
Conditions.
5.1 Progress Payments, OWNER shall make progress payments on account of the Contract Price
on the basis of CONTRACTOR's Applications for Payment as recommended by
ENGINEER, on or about the last day of each month during construction as provided below.
All Progress payments will be on the basis of the progress of the Work measured by the
schedule of values established in paragraph 2.9 of the General Conditions (and in the case
of Unit Price Work based on the number of units completed) or, in the event there is no
schedule of values, as provided in the General Requirements.
5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the
percentage indicated below, but, in each case, less the aggregate of payments previously
made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in
accordance with paragraph 14.7 of the General Conditions. Ten Percent (10%) of Work
Completed.
5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to
CONTRACTOR to ninety-five percent (95%) of the Contract Price, less such amounts as
ENGINEER shall determine, or OWNER may withhold, in accordance with pazagraph 14.7
of the General Conditions. -
5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with
paragraph 14.13 of General Conditions, OWNER shall pay the remainder of the Contract
Price as recommended by ENGINEER as provided in said paragraph 14.13.
Article 6. INTEREST
No interest will be paid to the CONTRACTOR on retained money unless required by law.
19
Article 7. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following
representations:
7.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract
Documents, Work, site locality, and all local conditions and Laws and 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 which are identified in the Supplementary
Conditions as provided in pazagraph 4.2 of the General Conditions, and accepts the
determination set forth in paragraph SC-4.2 of the Supplementary Conditions of the extent
of the technical data contained in such reports and drawings upon which CONTRACTOR
is entitled to reply.
7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining
and cazefully studying) all such examinations, inyestigations, explorations, tests, reports and
studies (in additions to or to supplement those referred to in paragraph 7.2 above) which
pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may
affect the cost, progress, performance or furnishing of the Work at the Contract Price, within
the Contract Time and in accordance with the other terms and conditions of the Contract
Documents, including specifically the provisions of paragraph 4.2 ofthe General Conditions;
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 said Underground Facilities.
No additional examinations, investigations, explorations tests, reports, studies or similar
information or data in respect of said Underground Facilities are or will be required by
CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the
Contract Time and in accordance with the other terms and conditions of Contract
Documents, including specifically the provisions of paragraph 4.3 ofthe General Conditions.
7.5 CONTRACTOR has conelated the results of all such observations, examinations,
investigations, explorations, tests, reports and studies with the terms and conditions f 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.
20
Article 8. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR concerning the Work consist of the following:
8.1 T'his Agreement (pages 1 to 7, inclusive).
8.2 Exhibits to this Agreement (pages to , inclusive.)
8.3 Performance and other Bonds, identified as exhibits and consisting of
pages.
8.4 Notice of Award.
8.5 General Conditions (pages 32 to 62 inclusive).
8.6 Supplementary Conditions (pages 63 to 74 , inclusive).
8.7 Specifications bearing the title 7 LTNIT NESTED T-HANGAR and consisting of divisions
and _ pages, as listed in table of contents thereof.
8.8 Drawings, consisting of a cover sheet and sheets numbered 1 through 5 , inclusive
with each sheet bearing the following general title: Long Avenue, Paving, Water and Sewer.
8.9 Addenda numbers 1 to , inclusive.
8.10 CONTRACTOR's Bid (pages 10 to 16 , inclusive)
marked exhibit .
8.11 Documentation submitted by CONTRACTOR prior to Notice of Award (pages to
, inclusive).
8.12 The following which may be delivered or issued after the Effective Date of the Agreement
and are not attached hereto: All written Amendments and other documents amending,
modifying, or supplementing the Contract Documents pursuant to paragraphs 3.4 and 3.5 of
the General Conditions.
8.13 The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except
as expressly noted otherwise above).
There are no Contract Documents other than those listed above in this Article 8. The Contract
Documents may only be amended, modified or supplemented as provided in paragraphs 3.4 and 3.5
of the General Conditions.
21
Article 9. MISCELLANEOUS
9.1 Terms used in this Agreement which are defined in Article
1 of the General Conditions will have the meanings indicated in the General Conditions.
9.2 No assignment by a party hereto of 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
bond; and specifically but without limitation moneys that may become due and moneys that
are due may not be assigned without such consent (except to the extent that the affect of this
restriction may be limited by law),and unless specifically stated to the contrary in any written
consent to an assignment no assignment will release or discharge the assignor from any duty
or responsibility under the Contract Documents.
9.3 OWNER and CONTRACTOR each binds itself, its partners, successor, assigns and legal
representative to the other party hereto, its partners, successors, assigns and legal
representatives in respect of all covenants, agreements and obligations contained in the
Contract Documents.
Article 10. OTHER PROVISIONS.
NONE
22
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate.
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 be effective on .2001
OWNER CITY OF PARIS
BY
Michael J. Pfiester, Mayor
(CORPORATE SEAL)
Attest
Mattie Cunningham
City Clerk
Address for giving notices
P.O. Box 9037
Paris. Texas 75461-9037
Approved as to form:
Larry W. Schenk, City Attorney
CONTRACTOR (type business name)
By
(type signature name)
(CORPORATE SEAL)
Attest
Address for giving notices
License No.
Agent for service of process:
23
STATE OF TEXAS )
COUNTY OF LAMAR )
BEFORE ME, this undersigned authority, on this day personally appeared Larry W. Schenk.
Mayor of the City of Paris, known to be to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same for the purposes and consideration
therein expressed, and in the capacity therein stated.
GIVEN iJNDER MY HAND AND SEAL OF OFFICE this day of
2001.
Notary Public, State of Texas
Printed Name:
My commission expires:
STATE OF TEXAS )
COUNTY OF LAMAR )
BEFORE ME, the undersigned authority, on this day personally appeared
of , known to me to be the person(s) whose name(s)
is/aze subscribed to the foregoing instrument, and acknowledged to me that he/she/they executed the
same for the purposes and consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day
2001.
Notary Public, State of Texas
Printed Name:
My commission expires:
24
NOTICE TO PROCEED
Dated ,2001
TO:
ADDRESS:
(CONTRACTOR)
Paris. Texas 75460
OWNER'S PROJECT NO.
PROJECT 7 UNIT NESTED T-HANGAR. COX FIELD, PARIS, TEXAS
OWNER'S CONTRACT NO.
CONTRACT FOR the construction of a 7 UNITED NESTED T-HANGAR, complete in nlace.
You aze notified that the Contract Time under the above contract will commence to run on
, 2001. By that date, you are to start performing your obligations under the
Contract Documents. In accordance with Article 3 of the Agreement the dates of Substantial
Completion and Final Completion are 2001 and 2001 respectively.
Before you may start any Work at the site, paragraph 2.7 of the General Conditions provides
that you and Owner must each deliver to the other (with copies to ENGINEER) 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
Copy to ENGINEER
(LJse Certified Mail,
Return Receipt Requested)
(Owner)
By
AUTHORIZED SIGNATURE
TITLE
EJCDC 1910.23 (1983 Edition)
Prepared by the Engineer's Joint Contract Documents Commiuee and endorsed by The Associated General Contractors of America.
25
RECEIPT FOR PAYMENT AND RELEASE OF LIENS
Date:
Received this date of the City of Paris, as full and final payment, the cost of the
improvements provided for in the foregoing contract between the City of Paris and
, dated , 2001 for dollars,
in cash, being the remainder of the full amount accruing to the undersigned by
virtue of said contract; said cash also covering and including full payment for the cost of all extra
work and material furnished by the undersigned in the construction of said improvement, and all
incidentals thereto, and the undersigned hereby releases said city from all claims whatsoever growing
out of said contract.
And these presents are to certify that all persons doing work upon or furnishing material for
said improvements under the foregoing contract have been paid in full.
In witness whereof the undersigned has hereto set his hand and seal this day of
, 2001.
CONTRACTOR
By
(CORPORATE SEAL)
Attest
Address for giving notices
License No.
Agent for service of process:
26
Construction Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business):
OWNER (Name and Address):
CONSTRUCTION CONTRACT
Date:
Amount:
Description (Name and Location):
~ _BOND Date (Not earlier thaa Construction Contract Date):
Amount:
Modifications to this Bond Form:
CONTRACTOR AS PRINCIPAL
Company: (Corp. Seal)
Signature:
Name and Title: .
CONTRACTOR AS PRINCIPAL
Company:
Signature:
Name and Title:
t
~ -
EJCDC No. I910-28B (1984 Edition)
(Corp. Seal)
SURETY
Company:
Signature:
Name and Title:
SURETY
Company: . (Corp. Seal)
Signature:
Name and Title:
27 `
(Corp. Seal)
I. The Contractor and the Surety, jointly ard severally, bind themseives,
their heirs, erecutors, administrators, successors and assigns to the Owner
to pay Cor labor, materials and equipment furnished for use in the petior-
mance oC the Construction Contract, which is incorporated herein by
reference.
2. With respect to the Oµ•ner, this obligation shall be null and void if the
Contraclor:
2.1. Promptly makcs payment, directly or indirectly, for all sums due
Claimants, and
2.2. befends, inJemnifies and holds harmless the Owner from all claims.
demands, lieas or suits by any person or entity who furnished
labor, materials or equipment !or use in the performance of the
Construction Contnct, provided the Owner has prompUy nolified
the Contractor and the Surcty (at the address described in Para-
graph 12) of any claims, demands, liens or suits and tendered
deFense of such claims, demands, liens or suits to the Contractor
and the Surety, and provided there is no Owner Default.
3. With respect to Claimants, this obligation shall be null and void if the
Contractor promptly makes payment, directly or indirectly, for all sums
due. •
4. The Surety shall have no obligation to Claimants under this Bond until:
4.1. Claimants who are employed by or have a direct contract with
the Contractor have given notice to the Surety (at the address
described in Paragraph 12) and sent a copy, or notice thereof, to
the Owner, stating that a claim is being made under this Bond
and, with substantial accuracy, the amount of the claim.
4.2. Claimants who do not have a direct contract with the Contractor:
I. Have furnished written notice to the Contractor and sent a
copy, or notice thereof, to the Owner, within 90 days after
having last performed labor or last furnished materials or equip-
ment included in the claim stating, with substantial accuracy,
the amount of the claim and the name of the party to whom
the materials were furnished or supplied or for whom the labor
was done or performed; and
2. Have either received a rtjection in whole or in paK from the
ContraCtor, or not received within 30 days of fumishing the
above notice any communication from the Contractorby which
the Contractor has indicated the claim will be paid directly or
indirectly; and
3. Not having been paid within the, above 30 days, have scnt a
written notice to the Surety (at th'e address described in Para-
graph 12) and sent a copy, or notice thereof, to the Owner,
stating that a claim is being made under this Bond and enclosing
a copy of the previous written notice furnished to the Con-
tractor.
5. If a notice required by Paragraph 4 is given by the Owner to the
Contractor or to the Surety, that is sufficient compliance.
6. When the Claimant has satisfied the conditions of Paragraph 4, the
Surely shall promptly and at the Surety's expense take the following
actions:
6.1. Send an answer to the Claimant, with a copy to the Owner, within
45 days after «ceipt of the claim, stating the amounts that are
undisputed and the basis for ehallenging any amounts that are
disputed.
6.2. Pay or arrange for payment of any undisputed amounts.
7. The Surety's total obligation shall not exceed the amount of lhis Bond,
and the amount of this Bond shall be credited for any payments made in
good [aith by the Surety.
8. Amounts owcd by the Owner to the Contractor under the Construction
Coatract shall be used for the performance o[ the Construction Contract
and to satisfy claims, if any, under any Construclion Performance Bond.
By the Contractor furnishing and the Ownor accepting this Iiond, they
agree that all funds earned by the Contractor in the pesloermancc of the
Construction Contract are dedicated to satisfy obligations of the Con-
Iractor and the Surely under this Bond, subject to the Owner's priority
to use the funds for the completion of the work.
9. The Surcty shall nol be liable to the Owner, Claimants or others for
obligations oC the Coatractor that are unrelated to the Construction Con-
tracl. The Owner shall not be liable for payment of any costs or expenses
of any Claimant under this Bond, and shall have under this Bond no
obligations to make payments lo, give notices on behalf of, or otherwise
have obligations to Claimants under this Bond.
10. The Surety hereby waives notice of any ch,roge, including changes of
time, to the Construction Contract or lo related subcontracts, purchase
orders and other obligations.
11. No suit or action shall be commenced by a Claimant under this Bond
other than in a court of competent jurisdiction in the location in which the
work or part of the work is located or after the expiration of one year
from the date (1) on wNich the Claimant gave the notice required by
Subparagraph 4.1 or Clause 4.2 (iii), or (2) on which the last labor or
service was perf'ormed by anyone or the last materials or equipment were
furnished by anyone under the Construction Contract, whichever of (1)
or (2) first occurs. lf the provisions of this Paragraph are void or prohibited
by law, the minimum period of limitation available to sureties as a defense
in the jurisdiclion of the suit shall be applicable. , -
12. Notice to the Su7ety, the Owner or the Contractor shall be mailed or
delivered to the address shown on the signature page. Actual receipt of
notice by Surety, the Owner or the Contractor, however accomplished,
shall be sufficient compliance as of the date received at the address shown
on the signature page.
13. When this Bond has been furnished to comply with a statutory or
other legal requirement'in the location where the construction was to be
per-formed, any provisioh ie this Bond conflicting with said statutory or
legal requirement shall be deemed deleted herefrom and pruvisions con-
forming to such statutory or other legal requirement shall be deemed
incorporated herein. Tfie intent is, that this Bond shall be construed as a
statutory bond and not as a common law bond.
14. Upon request by any person or entity appearing to be a potet+tia'
beneficiary of this Bond, the Contractor shall promptly furnish a copy o.
this Bond or shall permit a copy to be made.
15. DEFINI'fIONS
I5.1. Claimant: An individual or entity having a direct contract with
the Contractor or with a subcontractor of the Contractor to
furnish labor, materials or equipment for use in the performance
of the Contract. The intent of this IIond shall be to include without
limitation in the terms "labor, materials or equipment" that part
of water, gas, power, light, heat, oil, gasoline, telephone service
or rental equipment used in the Construciion Contract, architec-
tural and engineering services required for perCormance of the
work of the Contracior and the Contractor's subcontractors, and
all other items for which a mechanic's lien may be asserted in
the jutisdiction where the labor, materials or equipment were
furnished.
15.2. Construction Contracl: The agreement between the Owner and
the Contractor identified on the signature page, including all
Contract Documeats and changes thereto.
15.3. Owner Default: Failure of the Owner, which has neither been
remedied nor waived, to pay the Contractor as required by the
Construction Contract or to perform and compkte or comply
with the other terms thereof.
(FOR INFORhtATION ONLY-Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party):
Co-n-struction Performance Bond
Any singular reference to Contractor. Surety, Owner or other party shail be considered plural where appticable.
CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business):
OWNER (Name and Address):
CONSTRUCTION CONTRACT
Date:
Amount:
Description (Name and Location):
~ BOND
Date (Not earlier than Construction Contract Date):
Amount: Modifications to this Bond Form:
CONTRACTOR AS PRINCIPAL
Company:
Signature:
Name and Title:
CONTRACTOR AS PRINCIPAL
Company:
Signature:
Name and Title:
~
EJCDC No. 1910-28A (1984 Edition)
(Corp. Seal)
(Corp. Seal)
~
SURETY
Company:
Signature:
Name and Title:
SURETY
Company:
Signature:
Name and Title:
(Corp. Seal)
(Cocp. Seal)
Z 9'.
I. 'I'he Conlraclor and the Surety, jointly and severally, bind themselves,
their heirs. cxeculorc. aJmiriistrators, succ`essors and assigns to the Owner
for the perfurmance o( the Construction Contract, which is incorporated
herein hy reference.
2. If the Contractor rerforms the Construction Contract, the Surcty and
the Contractor shall have no obligation under lhis Bond, except to par-
ticipate in conferences as provided in Subparagraph 3.1.
3. If thcre is no Ow•ner Uefault, the Surety's obligation under lhis Bond
shall .vise aRer:
3.1. The Uwner has notified the Contractor and the Surety at its address
described in Paragraph 10 below, that the Owner is considering
declaring a Contractor Uefault and has requested and attempted
to arrange T conference with the Conlractor and the Surety to be
held not later than fifteen days after receipt of such notice lo
discuss melhods of performing the Construction Contract. lC the
Owner, the Contractor and the Surety agrce, the Contractar shall
be allowcd a reasonable time to perform the Construction Con-
tract, but such an agreement shall not waive the Owner's right, if
any, subsequently to declare a Contractor DeCault; and
3.2. The Owner has declared a Contractor Default and formally ter-
minated the Contractor's right to complete the contract. Such
Contractor Default shall not be declared earlier than twenty days
after the Contractor and the Surety have received notice as pro-
vided in Subparagraph 3.1: and
3.3. 'I'he Owner has agreed to pay the Balance of the Contract Price
to the Surety in accordance with the terms of the Construction
Contract or to a contractor selected to perform the Construction
Contract in accordance with the terms of the contract with the
Owner.
4. When the Owner has satisfied the conditions of Paragraph 3, the Surcty
shall promptly and at the Surety's expense take one of the following
actions:
4.1. Arrange for the Contractor, with consent oFlhe Owner, lo perform
anJ complete the Construction Contract; or
4.2. Undcrtake to pcrform and complete the Construction Contract
itself, through its agents or through independent contractors; or
4.3. Ubtain biJs or negotialed proposals from qualified contractors
acceptablc to the Owner for a contract for performance and com-
pletion oC the Construction Contract, arrange for a contract to be
prepared for execution by the Owner and the contractor selected
with the Owner's concurrence, to be secured with performance
and payment bonds executed by a qualified surety equivalent to
the bonds issued on the Construction,Contract, and pay to the
Owner the amount of damages as described in Paragraph 6 in
excess of the Balance of the Contract Price incurred by the Owner
resulting from the Contractor's default; or
4.4. Waive its right to perform and complete, arrange for completion,
or oblain a new contractor and with reasonable promptness under
the circumstances:
1. After investigation, determine the amount for which it may be
liable to the Owner and, as soon as practicable after the amount
is determined, tender payment thtrcfor to the Owner; or
2. veny liability in whole or in part and notify the Owner citing
reasons thercfor.
5. IF the Surcly does not proceed as provided in Paragraph 4 with reason-
abte promptness, the Surety shall be deemed to be in default on this Bond
fifteen days aRer receipt of an additional written nolice from the Owner
to the Surety demanding that the Surety perform its obligations uader this
f3ond, and the Ow•ner shall be entided to enforce any remedy availabk to
the Qwner. If the Surety proceeds as provided in Subparagraph 4.4, and
the Owner re(uses the paymeat tendcred or the Surety has denied liability,
in whole or in part, wilhout further notice the Owner shall be entitlcd to
enforce any remedy available to the Owner.
6. ACter lhe Owncr has terminateJ the Contractor's right to complete the
Construction Contract, and if the Surety elects to act under Subparagraph
4.1. 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner
shall not be greater than those of the Contractor undet !ee Consirectioi:
Contract, and the responsibilities of the Owner to the Surety shall not be
greater than those of the Owner under lhe Construction Contra:.. To the
limit of the amount of this Bond, but subject to commitment by the Owner
of the Balance of the Contract Price to mitigation of costs and damages
on the Construction Contract, the Surety is obligated without duplication
for:
6.1. The responsibilities of the Contractor for correctioo of defective
work and completion of the Construction Contract;
6.2. Additional legal, design professional and delay costs resulting
from the Contractor's Default, and resulting from the actions or
failure to act of (he Surety under Paragraph 4; and
6.3. Liquidated damages, or if no liquidated damages are specified in
the Construclion Contract, actual damages caused by delayed
performance or non-performance of the Contractor.
7. The Sarety shall not be liable to the Owner or others for obligations of
the Contractor that.are unrolated to the Construction Contract, and the
Balance of the Contract Price shall not be reduced or set off on account
of any such unrelated obligations. No right of action shall accrue on this
Bond lo any person or entity other than the Owner or its heirs, executors,
administrators, or successors.
8. The Surety hereby waives notice of any change, including changes of
time, to the Construction Contract or to related subcontracts, purchase
orders and other obligations. .
9. Any proceeding, legal or equitable, under this Bond may be instituted
in any court of competent jurisdiction in the location in which the work
or part of the work is located and shall be instituted within two years after
Contractor Default or within two years after the Contractor ceased work-
ing or within two years after the Surety refuses or fails to perform its
obligations under this Bond, whichever occurs first. If the provisions of
this Paragraph are void or prohibited by law, the minimum period of
limitation avaitable to sureties as a deCense in the jurisdiction of the suit
shall be applicable.
10. Notice to the Surety, the Owner or the Contractor shall be mailed or
delivered to the address shown on the signature page.
11. When this Bond has been furnished to comply with a statutory or
other legal requirement in the location where the construction was to.be
perfortned, any provision in this Bond conflicting with said statutory or.
legal requirement shall be deemed deleted herefrom and provisions con-
forming to such statutory or other legal requirement shall be deemed
incorporated herein. The intent is that this Bond sha(1 be construed as a
statutory bond and not as a common law bond.
12. Definitions.
12.1. Balance of the Contract Price: The total amount payable by the
Owner to the Contractor under the Construction Contract after
all proper adjustments have been made, including allowance to
the Contractor of any amounts received or to be received by
the Owner in settlement of insurance or other claims for dam-
ages to which the Contractor is entitled, reduced by all valid
and proper payments made to or on behalf of the Contractor
under the Construction Conlract.
12.2. Construction Contract: The agreement between the Owner and
the Contractor identified on the signature page, including all
Contract Documents and changes thereto. _
12.3. Contractor Default: Failure of the Contractor, which has neither
been remedied nor waived, to perform or otherwise to comply
with the terms of the Construction Contract.
12.4. Owner Default: Failure of the Owner, which has neither been
remedied nor waived, to pay the Contractor as required by the
Construction Contract or to perform and complete or comply
with the other terms thereof.
(FOR INFORMATION ONLY-Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party):
30
STANDARD
GENER-AL
COND-Y -IONS
~ .
TABLE OF CONTENTS OF GENERAL CONDITIONS
Article
Number
Title
PQge
i
DEFINITIONS
7
2
PRELIMINARY MATTERS
8
3
CONTRACT DOCUMENTS:
INTENT, AMENDING AND REUSE
9
4
AVAILABILITY OF LANDS; PHYSICAL CONDITIONS;
REFERENCE FOINTS
10
5
BONDS AND INSURANCE
11
6
CONTRACTOR'S RESPONSIBILITIES
14
7
OTHER WORK
18
8
OWNER'S RESPONSIBILITIES
19
9
ENGINEER'S STATUS DURING CONSTRUCTION
19
10
CHANGES IN THE WORK
21
11
CHANGE OF CONTRACT PRICE . . .
21
12
CHANGE OF CONTRACT TIME
24
13
WARRANTY AND GUARANTEE; TESTS AND
INSPECTIONS; CORRECTION, REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK
24
14
PAYMENTS TO CONTRACTOR AND COMPLETION
26
15
SUSPENSION OF WORK AND TERMINATION
29
16
ARBITRATION
31
17
MISCELLANEOUS
32
. ~
3'1 `
INDEX TO GENERAL CONDITIONS
Arlicle ar I'aragraph
Number
Acceptance ofInsurance 5.13
Access to the \Vork 13.2
Addenda-definition of (see definition of
Specifications)
i
Agreement-definition of
1
A1l Risk Insurance
5.6
Amendment, Wricten
1,3.1.1
Application for Payment-definition of
i
Application for Payment, Final
14.12
Application for Progress Payment
14.2
Application for Progress Payment-review of
14.4-14.7
Arbitcation
16
Authorized Variation in Work
9.5
Availabilicy of Lands 4.1
Award, Notice of-defined
t
Before Starting Constructio n 2.5-2.7
Bid-definition of 1
Bonds and Insurance-in generat 5
Bonds-definition of 1
Bo nds, Delivery of 2.1,5.1
Bonds. Pecformance and Other 5.1-5.2
Cash Atlowances 11.8
Change Order-definition of . 1
Change Orders-to be executed 10.4
Changesin the Work 10
Ctaims, Waiver of-on Final Payment . 14.16
Clarifications and Interpretations 9.4
Cleaning 6.17
Completio n 14
Completion, Substantial 14.8-14.9
Conference, Preconstruction 2.8
Conftict, Ecror, Discrepancy-Contractor
to Report 2.5,3.3
Construction Machinery, Equipment, etc . 6.4
Co ntinuing Work 6.29
Contract Documents-amending and
supplementing 3.4-3.5
Contract Documents--definition of 1
Co ntract Documents-Intent 3.1-3.3
Contract Documents-Reuse of 3.6
Contract Price. Change of 11
Contract Price-dcfiaition 1
Contract Time. Change of 12
Contract Time. Commencement of 2.3
Contract Time-definition of 1
Contractor-de6nition of 1
Contractor May Stop Worfc or Terminate 15.5
Contractoc's Continuing Obligation 14.15
Contractor's Duty to Report Discrepancy
in Documents 2.5.3.2
Contractor s Fee-Cost Plus 11.4.5.6, 11.5.1. I 1.6-I t.7
Contcactor's Liability Insurancc 5.3
Cootractor's Responsibilities--in general 6
Contractor's Warranty of Title 14.3
Contractors-othcr 7
Contractual Liability Insurance 5.4
Coordinating Contractor-definition of 7.4
Coordination 7.4
Copies of Documents 2.2
Correction or Removal of Defective 1Vork 13.11
Correction Period, One Year 13.12
Correction, Removal or Acceptance of Defective
Work-in general 13.11-13.14
Cost-net decrease 11.6.2
Cost of Work 11.4-11.5
Costs, Supplemental 11.4.5
Day-definitio n of 1
Defective--d.efinition of t
Defective Work, Acceptance of 13.13
Defective Work, Correction or Removal of 13.11
Defective Work-in general 13, 14.7, 14.11
Defective Work, Rejecting 9.6
Definitio ns 1
Delivery of Bonds 2.1
Determination for Unit Prices 9.10
Disputes, Decisions by Engineer 9. t 1-9.12
Documents, Copies of 2.2
Documents, Record 6.19
Docu ments, Reuse 3.6
Drawings-definition of i
Easements 4.1
Effective date of Agreement--definition of 1
V.., -A.,,-;Pc _ 6.22
Engineer-definition of 1
Engineer's Decisions 9.10-9.12
Engineer's-Notice Wock is Acceptab[e 14.13
Engineer's Recommendation of Payment 14.4. 14.13
Engineer's Responsibilities, Limitations
on 6.6,9.11.9.13-9.16
Engineec's Status During Construction-in genecal 9
Equipment, Labor, Materiais and 6.3-6.6
Equivalent Materials and Equipment 6.7
Explorations of physical conditions 4.2
Fee, Contractor s--Costs Plus 11.6
Field Order-definition of 1
Field Order-issued by Engineer 3.5.1, 9.5
Final Application for Payment 14.12
Final Inspection 14.11
Final Payment and Acceptance 14.13
Final Payment, Rccommendation of 14.13-14.14
General Provisions 17.3-17.4
General Requirements-de6nition of 1
Gcneral Requirements-principal
rcfcrences to 2.6,4.4. 6.4,6.6-6.7. 6.23
32
c
Giving N otice 17.1
Guarantee of Work-by Contractor . . . . . . . 13. (
Indemnification
6.30-6.32
Inspection, Final 14.11
Inspection, Tests and 13.3
Insurance, Bonds and-in general
5
Insurance, Certificates of 2.7, 5
Insurance-comp(eted operations
5.3
Insurance, Contractor's Liability
5.3
Insurance, Contractual Liability
5.4
Insurance, Owner's Liability
5.5
Insurance, Property
5.6-5.13
Insurance-Waiver of Rights
5.11
Intent of Contract Documents
3.3, 9.14
Interpretations and Clarifications
9.4
Investigations of physical conditions
4.2
Labor, Materials and Equipment 6.3-6.5
Laws and Regulations--definition of 1
Laws and Regulations-general 6.14
Liability Insurance-Contractor's . 5.3
Liability Insurance-Owner's 5.5
Liens-definitions of 14.2
Limitations on Engineer's
Responsibilities 6.6, 9.11, 9.13-9.16
Materials and equipment-fumished by Contractor 6.3
Materials and equipment-not
incorporated in Work 14.2
Materials or equipment-equivalent 6.7
Miscellaneous Provisions 17
Multi-prime contracts 7
Notice, Giving of 17.1
Notice of Acceptability of Project 14.13
Notice of Award-definition of 1
Notice to Proceed-definition of 1
Notice to Proceed-giving of 2.3
..Or-Equa(" Items 6.7
Other contractors 7
Other work 7
Overtime Work-prohibition of 6.3
Owner-definition of 1
Owner May Correct Defective Work 13.14
Owner May Stop Work 13.10
Owner May Suspend Wor{c, Terminate I5.1-15.4
Owner's Duty to Execute Change Orders 11.8.
Owner's Liability Insurance 5.5
Owner's Represeatative-Engineer to serve as 9.1
Owner's Responsibilities-in general 8
Owner's Separate Representative at site 93
Partia( Utilization 14.10
Partial Utilization-definition of t
Partial Utilization-Property Insurance 5.15
Patent Fees and Royalties 6.12
Payments, Recommendation of 14.4-14.7, 14.13
Payments to Contractor-in general 14
Paymcnts to Conlractor-when due 14.4, 14.13
Payments to Contractor-withholdins 147
Pzrformance and other Bonds 5.1-5.2
Permits 6.i3
Physical Conditions 4.2
Physical Conditions-Engineer's review 4.2.4
Physical Conditions-existing structures 4.2.2
Physical Conditions-exp(orations and reports 4.2.1
Physical Conditions-possible document change 4:2.5
Physical Conditions-price and time adjustments 4.2.5
Physical Conditions-report of differing 4.2.3
Physical Conditions-Underground Facilities 4.3
Preconstruction Conference 2.8
Preliminary Matters 2
Premises, Use of 6.16-6.18
Price, Change of Contract 1 t
Price-Contract-definition of 1
Progress Payment, Applications for 14.2
Progress Payment-retainage 14.2
Progress schedule 2.6, 2.9, 6.6,6.29, 15.2.6
Project-definition of 1
Project Representation-provision for 9.3
Project Representative, Resident-definition of 1
Project, Starting the 2.4
Property Insurance 5.6-5.13
PropeRy Insurance-Partial Utilization 5.15
Property Insurance-Receipt and Application
of Proceeds 5.12-5.13
Protection, Safety and 6.20-6.21
Punch list 14.11
Recommendation of Payment . 14.4; 44.13
Record Documents 6.19
Reference Points 4.4
Regulations, Laws and 6.14
Rejecting Defective Work 9.6
Related Work at Site 7.I-73
Remedies Not Exctusive 17.4
Removal or Correction of Defecrive Work 13.11
Resident Project Representative-definition of 1
Resident Project Representative-provision for 9.3
Responsibilities, Contractor's-in general 6
Responsibilities, Engineer's-in general 9
Responsibilities, Owner's-in general . . 8
Retainage 14.2
Reuse of Documents 3.5
Rights of Way 4.1'
Royalties, Patent Fees and 6.12
Safety and Protection 6.20-6.21
Samples 6.23-6.28
Schedule of progress 2.6, 2.8-2.9, 6.6, 6.29, 15.2.6
Schedule of Shop Drawing
submissions 2.6, 2.8-2.9, 6.23, 14.1
Schedule of values 2.6, 2.8-2.9, 14.1
Schedules, Finalizing 2.9
Shop Drawings and Samples 6.23-6.28
Shop Drawings-definition of I
Shop Drawings, use to approve substitutions 6.73
33
Site. Visits to-by Lngineer . 9.2
Spceific;uiuns-ciefinition of i
Starting Construction. BcCorc . . . . . . . 2.5-2.8
Starling thc Projcct 2.4
Stupping Work-by Contractor 15.5
Stupping VVork-by Owncr 13.10.
Subcontractor-definition of I
Subcontr►ctors-ingencral 6.5-6.11
Subcontracts-rcquired provisions 5.11.1, 6.11
11.4.3
Substantial Completion-certification of 14.8
Substantial Completion-definition of 1
Substitute or "Or-Equal" Items 6.7
Subsurface Conditions 4.2-4.3
Supplemental costs 11.4.5
Supplementary Conditions-definition of 1
Supplementary Conditions-principal
references to 2.2, 4.2, 5.1, 5.3, 5.6-5.8. 63, 6.13, 6.23,
7.4, 9.3
Supplementing Contract Documents 3.4-3.5
Supplier-definition of 1
Supplier-principal references to 3.6, 6.5, 6.7-6.9. 6.20.
6.24, 9.13, 9.16, 11.8, 13.4. 14.12
Surety-consent to payment 14.12, 14.14
Surety-Enginecr has no duty to 9.13
Surety-notice to 10.1, 10.5, 15.2
Surety-qualification of 5.1-5.2
Suspending Work, by Owner 15.1
Suspension of Work and Termination-in general 15
Superintendent-Contractor's~ 6.2
Supervision and Superintendence 6.1-6.2
Taxes-Payment by Contractor . . 6.15
Termination-by Contractor 15.5
Termination-by Owner 15.2-15.4
Termination. Suspension of Work and-in general IS
Tests and Inspections 13.3-13.7
'I'ime. Change of Contract 12
'fimc. CumPutatiua oC 17.2
Time. Contract-dc:finition uf . . i
Uncoverinc Work 13.8-13.9
Underground Facilitics-cicfinition of 1
Underground Facilities-not shown or indicated 4.3.2
Undcrground Facilitics-protcction of 4.3. 6.20
Underground Facilities-shown or indict►ted 4.3.1
Unit Price Work-definition of I
Unit Price Work-general 11.9. 14.1. 14.5
Unit Priccs 11.3.1
Unit Priccs, Detcrminations for 9.10
Use of Premises 6.16-6.18
Utility owners 6.13. 6.20. 7.2-7.3
Values. Schedule of 2.6, 2.9. 14.1
Variations in Work-Authorized 6.25, 6.27, 9.5
Visits to Site-by Engineer 9.2
Waiver of Claims-on Final Payment 14.16
Waiver of Rights by insured pacties
5.10.6.11
Warrar.ty and Guarantee-by Contractor 13.1
Warranty of Titte, Contractor's . . . . . . . 14.3
Work. Accessto 13.2
Work-by others 7
Work Continuing During Disputes 6.29
Work. Cost of 11.4-II.5
Work-definition of
I
Work Directive Change-definition of
t
Work Directive Change-principal
references to
3.4.3, 10.1-10.2
Work, Neglected by Contractoc
13.14
Work, Stopping by Contractor
15.5
Work. Stopping by Owner
15.1-15.4
Written Amendment-definition of
I
Written Amend ment-princi pal
references to 3.4.1.
10.1. 11.2, 12.1
34
~
GENERAL CONDYI'IONS
ARTICLE I-DGFINI"1'IONS
Wherever uscd in these Gcneral Conditiuns ar in the uthcr
Contract Documents the following terms have the mcanings
indic.itcd which are applicablc to buth the singul.ir and plur.il
thcreof:
Addendrr-Written or graphic instruments issucd prior to thc
upening of Bids which cl:trify, correct or change the bidding
documcnts or the Contract Documcnts.
Agreement-The written agreemcnt between OWNER and
CONTRACTOR covering the \'Vork to be pertormed; other
Contract Documents are attached to the Agreement and made
a part thereof as provided therein.
Application jor Pm~ment-The form accepted by ENGI-
NEER which is to be used by CONTRACTOR in requesting
progress or final payments and which is to include such sup-
porting documentation as is required by the Contract
Documents.
Bid-The offer or proposal of the bidder submitted on the
prescribed form setting Corth the prices for the Work to be
performed.
Bonds-Bid, performance and payment bonds and other
instruments of security.
Chal:ge Order-Adocument recommended by ENGINEER,
which is signed by CONTRACTOR and OWNER and autho-
rizes an addition, deletion or revision in the Work, or an
adjustment in the Contract Price or the Contract Time, issued
on or after the Effective Date of the Agreement.
Coirtracr poatn:etrts-The Agreement. Addenda (which per-
tain to the Contract Documents), CONTRACI'OR's Bid
(including documentation accompanying the Bid and any post-
Bid documentation submitted prior to the Notice of Award)
when attached as an exhibit to the Agreement, the Bonds,
these Genecal Conditions, the Supplementary Conditions, the
Specifications and the Drawings as the same are more spe-
cifically identified in the Agreement, togethcr with all amend-
ments, modifications and supplements issued pursuant to
paragraphs 3.4 and 3.5 on or after the Effective Date of the
Agreement.
Contract Price-The moneys payable by OWNER to CON-
TRACfOR under the Contract Documents as stated in the
Agreement (subject to the provisions of paragraph 11.9.1 in
the case of Unit Price Work).
Contract Trme The number of days (computed as provided
in paragraph 17.2) or the date stated in the Agrcement for the
completion oCthe Work.
CONTRACTOR-'I'hc person, firm or corporation with whom
OWNER has entered into thc Agrecment.
Jrli,c-rivr-An adj«tivc -hich whcn modifying thc wurd Wurk
rrfcri tu 11'ork that is unsutisfactory. faulty or dcfi_icnt, or
ducs not cunl'ornl tu thc Conu-act Documcnts, or docs not
mect the rcquircments of any inspection, reference standard,
test ur approval refcrred to in thc Contract Documcnts, or
has bcen damaFed prior to ENG[NEER's recommendatiun
oCfinal paymcnt (unlcss respunsibility for thc protcction thcreof
has bcen assumed hy UWNGR at Substantial Completion in
accordance with paragraph 14.8 or 14.10).
Urant•in4.c-The drawings which show the charactec and scope •
of the Work to be performed and which havc been prepared
or approvcd by ENG(NEER and are referced to in the Con-
tract Ducuments.
EJfcctire Un►e ojth< Agrc•emeiu-The date indicated in the
Agreement on which it becomes eCfective, but if no such date
is indicated it means the date on which the Agreement is
signed and delivered by the last of thc two parties to sign and
deliver.
ENGINEER-The person, firm or corporation named as such
in the Agreement.
Fiefd Order-A written order issued by ENGINEER which
orders minor changes in the Work in accordance with para-
graph 9.5 but which does not involve a change in the Contract
Price or the Contract Time.
Genern! Reguirements-Sections of Division ( of the Speci-
fications.
Laws aiid Regrrlutinns: Luw:r or Regrrfutiass-Laws, rules,
regulations, ordinances, codes and/or orders.
Notice of Award-The written notice by OWNER to the
apparent successful bidder stating that upon comptiance by
the apparent successful bidder with the conditions precedent
enumerated therein, within the time specified, OWNER will
sign and deliver the Agreement.
Notice to Prvc•eed-A written notice given by OWNER to
CONTRACTOR (with a copy to ENGINEER) fixing the date
on which the Contract Time will commence to run and on
which CONTRACTOR shall staR to perfocm CONTRAC-
TOR'S obligations under the Contract Documents.
OWNER-The public body or authority, corporation, asso-
ciation, firm or person with whom CONTRACTOR has enteced
into the Agreement and for whom the Work is to be provided.
Purrral Utilizatiotr-Placing a portion of the Work in service
for the purpose for which it is intended (or a celated purpose)
beCore reaching Substantial Completion for all the Work.
Project The total construction of which the Wock to be
provided under the Contract Documents may be the whole,
or a paR as indicated elsewhere in the Contract Documents.
Resident Projrrl Represcntutrve The authorized represen-
tative oC ENGINEER who is assigncd to the site or any part
thereof.
35"
Sliop Drawirtgs-All drawings, diagrams, illustrations,
schedules and other data which are specificaily prepared by
or foc CONTRACTOR to illustrate some portion oCthe Work
and all illustrations, brochures, standard schcdutes, perfor-
mance charts, instructions, diagrams and other information
prepared by a Supplier and submitted by CONTRACTOR to
illustrate material or equipment for some portion of the Work.
Specrf~cations-Those portions of the Contract Documents
cortsisting of written technical descriptions of materials,
equipment, construction systems, standards and workman-
ship as applied to the Work and ceRain administrative details
applicable thereto.
Subconrractar-An individual, firm or corporation having a
direct contract with CONTRACTOR or with any other Sub-
contractor for the performance of a part of the Nork at the
site.
Substantial Compleriori-The Work (or a specified part thereof)
has progressed to the point where, in the opinion of ENGI-
NEER as evidenced by ENGINEER's definitive certificate
of Substantial Completion, it is sufficiently complete, in
accordance with the Contract Documents, so that the Work
(or specified part) can be utilized for the purposes for which
it is intended; or if there be no such certificate issued, when
final paymer►t is due in accordance with paragraph 14.13. The
tenns "substantially complete" and "substantially com-
pleted" as applied to any Work refer to Substantial Comple-
tion theroof.
Suppfemenrary Conditions The part of the Contract Docu-
ments which amends or supplements these General Condi-
tions.
Supplier-A manufacturer, fabricator, supplier, distributor,
materialman or vendor.
Underground Facilities-All pipelines, conduits, ducts; cables,
wires, manholes, vaults, tanks, tunnels or other such facilities
or attachments, and any encasements containing such facil-
ities which have been installed underground to furnish any of
the following scrviccs or materials: electricity, gases, steam,
liquid petrolcum products, telephone or other communica-
tions, cable television, sewage and drainage removat, traffic
or other control systems or water.
Unit Price Work-Work to be paid for on the basis of unit
prices.
Work-The entire completed construction or the various sep-
arately identifiable parts thereof required to be furnished
under the Contract Documents. Work is the result of per-
focming secvices, furnishing labor and furnishing and incor-
porating matecials and equipmcnt into the construction, all
as rcquired by the Contract Documents.
Work Directive Change-A written directive to CON'fRAC-
TOR, issued on or afcec the EtCective Date of the Agreement
and signed by OWNER and recommended by ENGINEER,
orderinc an addition, dciction or rcvision in the Work, or
responding to diCtering or unforeseen physical conditions under
which the Work is to bc performed as provided in para,r,raph
4.2 or 4.3 or to emergencies under pacagraph 6.22. A Work
Directivc Change may not change the Contract Price or the
Contract Time, but is evidence that the parties expect that
the change directed or documented by a Work Directive
Change will be incorporated in a subsequently issued Change
Order fotlowing negotiations by the parties as to its effect, if
any, on the Contract Price or Contract Time as provided in
paragraph 10.2.
Writteit Amersdtr:ent-A written amendment of the Contract
Documents, signed by OWNER and CONTRACTOR on or
after the Effective Date of the Agreement and normally deal-
ing with the nonengineecing or nontechnical rather than strictly
Work-re(ated aspects of the Contract Documents.
ARTICLE 2-PRELIMINARY MATTERS
Delivery of Bortds:
2,1. When CONTRACTOR delivers the executed Agree-
ments to OWNER, CONTRACTOR shatl also deliver to
OWNER such Bonds as CONTRACTOR may be required to
furnish in accordance with paragraph 5.1.
Copies of Doeumentr.
2.2. OWNER shall furnish to CONTRACTOR up to ten
copies (unless otherwise specified in the Supplementary Con-
ditions) of the Contract Documents as are reasonably nec-
essary for the execution of the Nork. Additional copies wili
be furnished, upon request, at the cost of reproduction.
* Comrrceacerrient ojContract Time; Nolice 1o Proceed:
23. The Contract Time will commence to run on the
thirtieth day after the Effective Date of the Agreement, or, if
a Notice to Proceed is given, on the day indicated in the
1Iotice to Proceed. A Notice to Proceed may be given at any
time within thiccy days after the Effective Date of the Agree-
ment. In no event will the Contract Time commence to run
later than the seventy-fifth day after the day of Bid opening
or the thiRieth day after the Effective Date of the Agreement,
whichever date is earlier.
Starting the Projecl:
2.4. CONTRACT'OR shall start to perfocm che Wark on
the date when the Contract Time commences to run, but no
Work shall be done at the site prior to the date on which the
Contract Time commences to run.
l3ejore Slartirtg Construclion:
2,5. Before undertaking each part of the Work. CON-
TRACTOR shall carefully study and compare the Contract
Documents and check and verify pertinent figures shown
*See Supplementary Conditions 36
0
i
il
~I
,
I
~
thcreon and all app(icable ficld measurcmcnts. CONTFAC-
TOR shall prompt(y report in %vrittng to ENGINEER any
conflict, error or discrepancy which CONTRACTOR may
discover and shall obtain a written interpretation or clarifi-
cation from ENGINEER before proceeding with any Work
afCected thereby; however, CONTRACTOR shall not be lia-
ble to OWNER or ENGINEER for fai(ure to repoR any
conftict, ecror or discrepancy in the Contract Documents,
unless CONTRACTOR had actual l:nowledge thercof or should
reasonably have known thereof.
2.6. W ithin ten days after the Effective Date of the Agree-
ment (untess othenvise specified in the General Require-
ments), CONTRACTOR shall submit to ENGINEER for
review:
2.6.1. an estimated progress schedale indicating the
starting and completion dates of the various stages of the
Work;
2.6.2. a preliminary schedule of Shop Drawing sub-
missions; and
2.6.3. a preliminary schedule of values for all of the
Work which will include quantities and prices of items
aggregating the Contract Price and will subdivide the Work
into component parts in sufficient detail to serve as the
basis for progress payments during construction. Such
prices will include an appropriate amount of overhead and
profit applicable to each item of Work which witl be con-
firmed in writing by CONTRACTOR at the time of sub-
mission.
2.7. Before any Work at the site is started, CONTRAC-
TOR shall deliver to OWNER, with a copy to ENGINEER,
certificates (and other evidence of insurance requested by
OWNER) which CONTRACTOR is required to purchase and
maintain in accordance with paragraphs 5.3 and 5.4, and
OWNER shall deliver to CONTRACTOR certificates (and
other evidence of insurance requested by CONTRACTOR)
which OWNER is required to purchase and maintain in
accordance with paragraphs 5.6 and 5.7.
Precorutruction ConfereRCe:
2.8. Within twenty days after the Effective Date of the
Agreement, but before CONTRACTOR scarts the Work at
the site, a conference attended by CONTRACTOR, ENGI-
NEER and others as appropriate will be held to discuss the
schedules referred to in paragraph 2.6, to discuss procedures
for handling Shop Drawings and other submittals and for
pcocessing Applications for Payment. and to establish a working
understanding among the parties as to the Work.
Finaliung Sthedufes:
2.9. At least ten days beCore submission of the first Appli-
cation foc Payment a conference attended by CONTRAC-
TOR, ENGINEER and othecs as appropriate will be held to
finalize the schcdutes submitted in accordance with para-
*See Supplementary Conditions
graph 2.6. The finalized progress schedule wiil be acceptable
to ENGINEER as providing an orderly progression of lhe
Work to compiction within thc Contract Timc, hui such
acccptance wilt neither impose on ENGINEER responsibility
for the progress or scheduling of thc Wor{: nor relieve COIv-
TRACTOR from full responsibility thcrcfor. The finalized
schedule of Shop Drawing submissions witl be acceptable to
ENGINEER as providing a workable arrangement for pro-
cessing the submissions. The finalized schedule of values will
be acceptabic to ENGINEER as to form and substance.
ARTICLE 3-CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE
Inlenl: "
3.1. The Contract Documents comprise the entire agree-
ment between OWNER and CONTRACTOR concerning the
Work. The Contract Documents are complementary; what is
called for by one is as binding as if called for by all. The
Contract Documents will be construed in accordance with
the law of the place of the Project.
* 3.2. It is the intent of the Contract Documents to describe
a functionally complete Project (or part thereof) to be con-
structed in accordance with the Contract Documents. Any
Work. materials or equipment that may reasonably be inferred
from the Contract Documents as being required to produce
the intended result will be supp(ied whether or not specifically
called for. When words which have a welt-known technical
or trade meaning are used to describe Wor[c, materials or
equipment such words shall be interpreted in accordance with
that meaning. Reference to standard specificatioris, manuals
or codes of any technical society, organization or association,
or to the Laws or Regulations of any governmental authority,
whether such reference be specific or by implication, shali
mean the latest standard specification, manual, code or Laws
or Regulations in effect at the time of opening of Bids (or, on
the Effcctive Date of the Agreement if there were no Bids),
except as may be otherwise specificalty stated. However, no
provision of any referenced standard specification, manual
orcode (whetheror not specifically incorporaced by referertce
in the Contract Documents) shall be effective to change the
dudes and responsibitities of OVINER, CONTRACTOR or
ENGINEER, or any of their consu{tants, agents or employ-
ees from those set foRh in the Contnct Documents, nor shall
it be effective to assign to ENGINEER, or any of ENGI-'
NEER's consultants, agents or employees, any duty or
authority to supervise or direct the furnishing or performance
of the Work or any duty or authority to undertake responsi-
bility contrary to the provisions of paragraph 9.15 oc 9.16.
Clarifications and interpretations of the Contract Documents
shall be issued by ENGINEER as provided in paragraph 9.4.
3.3. If. during the performance of thc Work, CONTRAC-
TOR finds a conftict, error or discrepancy in the Contract
Documents. CONTRACTOR shall so repoR to ENGINEER
in writing at once and beCore proceeding with the Wortc afCected
thcreby sha(l obtain a written interpretation or clarification
37
from ENGINEER; howcver, CeNTRACTOR shall not bc
liable to O«'NER or ENGINEER Cor failurc to rcport any
contlict, error or discrepancy in thc Contract Documents
unless CONTRACTOR had actual knowledgc thereof or should
reasonably have known thereof.
Amending and Supplementing Conerae[ Docu,neitrs:
3.4. The Contract Documents may be amended to pro-
vide for additions, deletions and revisions in the Nork or to
modify the terms and conditions thereof in one or more of
the following ways:
3.4.1. a formal Written Amendment,
3.4.2. a Change Order (pursuant to paragraph 10.4),
or
3.4.3. a Work Directive Change (pursuant to para-
graph 14.1).
As indicated in paragnphs 11.2 and 12.1, Contract Price and
Contract Time may only be changed by a Change Order or a
Written Amendment.
3.5. In addition, the requirements of the Contract Docu-
mcnts may be supplemented, and minor variations and devia-
tions in the Work may be authorized, in one or more of the
following ways:
3.5.1. a Field Order (pursuant to pangraph 9.5),
3.5.2. ENGINEER's approval of a Shop Drawing or
sample (pursuant to paragraphs 6.26 and 6.27), or
3.5.3. ENGINEER's written interpretation or clarifi-
cation (pursuant to paragraph 9.4).
Reuse of Doeurrsents:
3.6. Neither CONTRACTOR nor any Subcontractor or
Supptier or other person or organization perfocming or fur-
nishing any of the Wock under a direct or indirect contract
with OWNER shall have or acquire any tide to or ownership
rights in any of the Drawings, Specifications or other dacu-
ments (or copies of any thereof) prepared by or bearing the
seal of ENGINEER; and they shall not reuse any of them on
extensions of the Project or any other project without written
consent of OWNER and ENGINEER and specific written
verificatiodor adaptation by ENGINEER.
ARTICLE 4-AVAILABILITY OF LANDS; PHYSICAL
CONDITIONS; REFERENCE POINTS
Availability ojLaads:
4.1. OWNER shall furnish, as indicated in the Contract
Documents, the tands upon which the Work is to be pec-
formed, rights-of-way and easements for access thcreto, and
such otltcr (ands which are designatcd for thc usc of CON-
1'RACTOR. Gascments for permancnt strucwres or perma-
nent changes in existing facilities will be obtai»ed and paid
for by OWNER, unlcss othenvise provided in thc Con!ract
Documents. If CONTRACTOR believes that any delay in
OWNER's furnishing these lands, rights-of-way or ease-
ments cntitles CONTRACTOR to an eztcnsion of the Con-
tcact Time, CONTRACTOR may make a claim therefor as
provided in Article 12. CONTRACTOR shall provide for all
additional lands and access thereto that may be required for
temporary construction facilities or storage of materials and
equipment.
Physica! Coadilions:
* 4.2.1. Expforacions atid Reports: Reference is made
to the Supplementary Conditions for identification of those
reports of explorations and tests of subsurface conditions
at the site that have been utilized by ENGINEER in prep-
aration of the Contract Documents. CONTRACTOR may
rely upon the accuracy of the technical data contained in
such reports, but not upon nontechnical data, interpreta-
tions oropinions contained therein orforthe completeness
thereof for CONTRACT'OR's purposes. Except as indi-
cated in the immediately preceding sentence and in para-
graph 4.2.6, CONTRACTOR shall have ful( responsibility.
with respect to subsurface conditions at the site.
4.2.2. Existing Stnlctures: Reference is made to the
Supplementary Conditions for identification of those
drawings of physicat conditions in or relating to existing
surface and subsurface structures (except Underground
Facilities referred to in paragraph 4.3) which are at or
contiguous to the site that have been utilized by ENGI-•
NEER in preparation of the Contract Documents..CON-
TRACTOR may rely upon the accuracy of the technical
data contained in such dcawings, but not for the complete-
ness thereof for CONTRACI'OR's pucposes. Except as
indicated in the immediately preceding sentence and in
paragraph 4.2.6. CONTRACTOR shaii have full respon-
sibitity with respect to physical conditions in or relating
to such structures.
4.2.3. Report of D;'(}'ering Condilions: If CONTRAC-
TOR believes that:
4.2.3.1. any technical data on which CONTRAC-
TOR is entit[ed to re[y as provided in paragnphs 4.2.1
and 4.2.2 is inaccurate, or
4.2.3.2. any physical condition uncovered or
revealed at the site differs materially from that indi-
cated, reftected or referred to in the Contract Doca-
ments,
CONTRACTOR shatl, pcomptly after becoming aware
thcceof and before pecforming any Work in connection
thecewith (except in an emergeney as permitted by para-
graph 6.22), notify. OWNER and ENGINEER in writing
about the inaccuracy or diffecence.
*See Supplementary Conditions 38
r. 1
l
V
4.2.4. EA'G!n'EER's Rcrigtiti•: ENGINEER will
promptly review thc pertinent conditions, determine thc
necessity of obtaining additional cxplorations or tests with
respect thereto and advise OWN ER in wciting (with a copy
to CONTRACTOR) of ENGINEER's findings and con-
clusions.
4.2.5. Possible Docrrment Cltarige: If ENGINEER
concludes that there is a material error in the Contract
Documents or that because of newly discovered condi-
tions a change in the Contract Documents is required, a
Work Directive Change or a Change Order will be issued
as provided in Article 10 to reflect and document the
consequences of the inaccuracy or difference.
4.2.6. Possible Price at:d Time Adjustments: In each
such case, an increase or decrease in the Contract Price
or an extension or shoRening of the Contrac[ Time, or any
combination thereof, wiil be allowable to the extent that
they are attributable to any such inaccuracy or difference.
If OWNER and CONTRACTOR are unable to agree as to
the amount or length thereof, a claim may be made therefor
as provided in Articles 11 and 12.
Physical Conditions-Urtderground Facilities:
4.3.1. S/town or Indicated: The information and data
shown or indicated in the Conuact Documents with respect
to existing Underground Facilities at or contiguous to the
site is based on information and datafurnished to OWNER
or ENGINEER by the owners of such Underground Facil-
ities or by others. Unless it is otherwise expressly pro-
vided in the Supplementary Conditions:
4.3.1.1. OWNER and ENGINEER shall not be
responsib(e for the accuracy or completeness of any
such information or data; and,
43.1.2. CONTRACTOR shall have fu(1 responsi-
bility for reviewing and checking all such infocmation
and data, for locating all Underground Facitities shown
or indicated in the Contract Documents; for coordina-
tion of the Work with the owners of such Underground
Facitities during construction, for the safety and pro-
tection thereof as provided in paragraph 6.20 and
repairing any damage thereto resu(ting from the Work,
the cost of all of which will be considered as having
been included in the Contract Price.
4.3.2. Not Shown or Indicated. If an Underground
Facility is uncovered or revea(ed at or contiguous to the
site which was not shown or indicated in the Contract
Documents and which CONTRACTOR could not reason-
ably have been expected to be aware of, CONTRACTOR
shall, prompt(y after becoming aware thereof and before
performing any Work aft'ected thereby (except in an emer-
gency as permitted by paragraph 6.22), identify the owner
of such Underground Facility and give written notice thereof
to that owner and to OWNER and ENGINEER. ENGI-
NEER will promptly review the Underground Facility to
dctcrminc thc cxtcnt to which the Contract Documents
should be modified to reflect and document the conse-
quences of the existence of the Underground Facility, and
thc Contract Documents will be amended or supplemented
to the extent necessary. During such time, CONTRAC-
TOR shall be responsible for the safety and protection of
such Underground Facility as provided in paragraph 6.20.
CONTRACTOR shall be atlowed an increase in the Con-
tract Price or an extension of the Contcact Time, or both,
to the extent that they are attributable to the eristence of
any Underground Facility that was not shown or iadicated
in the Contract Documents and which CONTRACTOR
could not reasonably have been expected to be aware of.
If the parties are unable to agree as to the amount or length
thereof, CONTRACTOR may make a claim therefor as
provided in Articles 1 l..and 12.
Rejerence Poinls:
4.4. OWNER shall provide engineering surveys to estab-
lish reference points for construction which in ENGINEER's
judgment are necessary to enable CONTRACTOR to proceed
with the Work. CONTRACTOR shall be responsible for lay-
ing out the Work (unless otherwise specified in the General
Requirements), shall protect and preserve the established
reference points and shall make no changes or retocations
without the prior written approval of OWNER. CONTRAC-
TOR shall report to ENGINEER whenever any reference
point is lost or destroyed or requires relocation because of
necessary changes in grades or loca[ions, and shall be respon-
sible for the accurate replacement or relocation of such ref-
erence points by professionally quatified personnel.
ARTICLE 5-BONDS AND INSURANCE
Performance and Other Bonds:
5.1. CONTRACTOR shall furnish performance and pay-
ment Bonds, each in an amount at least equal to the Contract
Price as security for the faithful performance and payment of
al( CONTRACTOR's obligations under the Contract Docu-
ments. These Bonds shalt remain in effect at least until one
year after the date when finat payment becomes due, except
as othenvise provided by Law or Regulation or by the Con-
tract Documents. CONTRACTOR shall also furnish such
other Bonds as are required by the Supplementary Condi-
tions. All Bonds shall be in the forms prescribed by Law or
Regulation or by the Contract Documents and be executed
by such sureties as are named in the current list of "Com-
panies Holding Certificates of Authority as Acceptable Sure-
ties on Federal Bonds and as Acceptable Reinsuring Com-
panies" as published in Circular 570 (amended) by the Audit
Staff Bureau of Accounts, U.S. Treasury Department. Alt
Bonds signed by an agent must be accompanied by a cectified
copy of the authority to act.
5.2. If the surety on any Bond furnished by CONTRAC-
TOR is declared a bankrupt or becomes insolvent or its right
to do business is terminated in any state where any part of
39
the Projcc[ is located or it ccases to mect thc rcquircments
of paragraph 5.1, CONTRACTOR sltali within fivz days
thereafter substitute another Bond and Surcty, both oCwhicli
must be acceptabte to O«'NER.
Cortlractor's Liability Insurance:
* 53. CONTRACTOR shall purchase and maintain such
comprehensive general liability and other insurance as is
appropriate for the Work being performed and furnished and
as will provide protection from claims set forth be(ow which
may arise out of or result from CONTR.ACTOR's perfor-
mance and furnishing of the Work and CONTRACTOR's
other obligations under the Contract Documents, whether it
is to be performed or furnished by CONTRAC'TOR, by any
Subcantractor, by anyone directly or indirectly employed by
any of them to perform or furnish any of the Work, or by
anyone for whose acts any of them may be liab(e:
5.3.1. Claims under workers' or workmen's compen-
sation, disability benefits and other similar employee ben-
cfit acts;
5.3.2. Claims for damages because of bodily injury,
occupational sickness or disease, or death of CONTRAC-
TOR's employees;
5.3.3. Claims for damages because of bodily injury,
sickness or disease, or death of any person other than
CONT'RACTOR's employees;
5.3.4. Claims for damages insured by personal injury
liability coverage which are sustained (a) by any person
as a result of an offense direcdy or indirectly related to
the employment of such person by CONTRAGTOR, or
(b) by any other person for any other reason;
5.3.5. Claims for damages, other than to the Work
itsdf, bccause of injury to or destruction of tangible prop-
erty wherever located, inciuding loss of use resulting
therefrom;
5.3.6. Claims arising out of operation of Laws or Reg-
utations for damages because of bodily injury or death of
any person or for damage to propecty; and
5.3.7. Claims for damages because of bodily injury or
death of any person or property damage arising out of the
ownenhip, maintenance or use of any motor vehicle.
The insurance required by this pacagraph 53 shall inelude
the specific coverages and be written for not less than the
limits of liability and covecages provided in the Supptemen-
tary Conditions, or required by law, whichever is greater.
The comprehensive general liability insurance shall includo
completed operations insurance. All of the policies of insur-
ance so required to be purchased and maintaincd (oc the
certificates or other evidence theceon shall contain a provi-
sion or endorscment that the covee-age affordcd wilt aot be
cancelled, matcrially changed or renewal refused until at least
thirty da}'s' prior writtcn notice has been givcn to 0WI.IgR
and ENGINEER by certified mail. Atl such insurance shall
remain in effcct until final payment and at all timcs thereafter
whcn CONTRACTOR may be correcting, removing or
replacing dejective Work in accordance with paragraph 13.12.
In addition, CONTRACTOR shall maintain such completed
opcrations insurance for at least two years after 6na1 payment
and furnish OWNER with evidence of continuation of such
insurance at final payment and one year thereafter.
Cantractual Liability Insurance:
* 5.4. The comprehensive general liability insurance required
by paragraph 53 will include contractual liability insurance
applicabte to CONTRACTOR's obligations under paragraphs
6.30 and 6.31.
Owner's Liability Insurance:
5.5. OWNER shall be responsibte for purchasing and
maintaining OWNER's own liability insurance and, at
OWNER's option, may purchase and maintain such insur-
ance as will protect OWNER against claims which may arise
from operations under the Contract Documents.
Property Insurance:
5.6. Unless otherwise provided in the Supplementary
Conditions, OWNER shall purchase and maintain propeRy
insunnce upon the Work at the site to the full insurabte value
thereof (subject to such deductible amounts as may be pro-
vided in the Supp(ementary Conditions or required by Laws
and Regulations). This insurance shall include the interests
of OWNER, CONTRACTOR, Subcontractors, ENGINEER
and ENGINEER's consultants in the Work, all of whom 'shall
be listed as insureds or additional insured parties, shall insure
against the periis of fire and extended coverage and shall
include "all risk" insurance for physical loss and damage
inctuding theft, vandalism and malicious mischief, collapse
and water damage, and such other perils as may be providcd
in the Supplementary Conditions, and shall include damages,
tosses and expenses arising out of or resulting from any insured
loss or incurred in the repair or replacement of any insured
propecty (including but not limited co fees and charges of
engineers, architects, attorneys and other professionals). If
not covered under the "all risk" insucance or otherivise pro-
vided in the Supplementary Conditions, CONTRAGTOR shall
purchase and maintain similar property insurance on portions
of the Work stored on and off the site or in transit when such
portions of the Work are to be included in an Application for
Payment.
*5.7. ONVNER shall purchase and maintain such boilerand
machinery insurance oradditional property insurance as may
be rcquired by the Supplementary Conditions or Laws and
Regulations which will inctude the interests oC OWNER.
CONTRACTOR, Subcontractors. ENGINEER AND
ENGINEER's consultants in the Work, alt of whom shall be
listed as insured or additionat insured parties. .
*See Supplementax'y Conditions 40
~0
S.S. All the policies of insuranec (or thc ccrtificatcs or
other evidence thereof) required to be purchased and main-
tained by OWNER in accordance with paragraphs 5.6 and
5.7 will contain a provision or cndorsement that the coverige
afforded wili not be canceiled or materially chan;ed or renewal
refused until at least thirty days' prior written notice has been
givcn to CONTRACTOR by certified mail and will contain
waiver provisions in accordance with paragraph 5.11.2.
5.9. OWNER shall not be responsible for purchasing and
maintaining any property insurance to protect the interests
of CONTRACTOR, Subcontractors or others in the Nork to
the extent of any deductible amounts that are provided in the
Supplementary Conditions. The risk of loss within the
deductibte amount, will be borne by CONTRACI'OR, Sub-
contractor or others sufi'ering any such loss and if any of them
wishes property insurance coveraoe within the limits of such
amounts, each may purchase and maintain it at the purchas-
er's own expense.
5.10. If CONTRACTOR requests in writing that other
special insurance be included in the property insurance pol-
icy, OWNER shall, if possible, include such insurance, and
the cost thereof witl be charged to CONTRACTOR by appro-
priate Change Order or Written Amendment. Prior to com-
mencement of the Work at the site, OWNER shall in writing
advise CONTRACTOR whether or not such other insurance
has been procured by OWNER.
Waiver of Rights:
5.11.1. OWNER and CONTRACTOR waive all rights
against each other for all losses and damages caused by
any of the perils covered by the policies of insurance
provided in response to paragraphs 5.6 and 5.7 and any
other propecty insurance applicable to the Work, and also
waive aU such rights against the Subcontractors, ENGI-
NEER, ENGINEER's consultants and all other parties
named as insureds in such policies for losses and damages
so caused. As required by paragraph 6.1l, each subcon-
tract between CONTRACTOR and a Subcontractor will
contain similar waiver provisions by the Subcontractor in
favorof OWNER, CONTRACTOR, ENGINEER, ENGI-
NEER's consultants and all other parties named as insureds.
None of the above waivecs sha(1 extend to the rights that
any of the insured parties may have to the proceeds of
insurance held by OWNER as trustee or otherwise pay-
able under any poticy so issued.
5.11.2. OWNER and CONTRACTOR intend that any
policies provided in response to paragraphs 5.6 and 5.7
shall protect all of the parties insured and provide primary
coverage for all losses and damages caused by the perils
covered thereby. Accordingiy. all such policies shall con-
tain provisions to the effect that in the event of payment
oC any loss or damage the insurer will have no rights oC
recovery against any of the parties named as insureds or
additional insureds, and if the insurers require separate
waiver Corms to be sigrted by CNGINEER or ENGI-
NEER's consultant OWNER will obtain the same, and iC
such 6vaivcr forms arc requircd of any Subcontractor,
CONTRACTOR will obtain thc samc.
Receipt anAApplicatiort ojProceeds:
5.12. Any insured loss under the poticics of insurance
rcquircd by p:►ragraphs 5.6 and 5.7 wiil bc adjusted with
OWNER and made payable to OWNER as trustce for the
insureds, as their interests may appear, subject to the require-
ments of any applicable mortgage clause and of paragraph
5.13. OWNER shall deposit in a separate account any money
so received, and shall distribute it in accordance with such
agreement as the parties in interest may reach. If no other
special agreement is reached the damaged Work shall be
repaired or replaced, the moneys so received applied on
account thereof and the Work and the cost thereof covered
by an appropriate Change Order or Written Amendment.
5.13. OWNER as trustee shall have power to adjust and
settle any loss with the insurers unless one of the parties in
interest shall object in writing within fifteen days after the
occurrence of loss to OWNER's exercise of this power. If
such objection be made. OWNER as trustee shall make set-
tlement with the insurers in accordance with such agreement
as the parties in interest may reach. If required in writing by
any party in interest, OWNER as trustee shap, upon the
occurrence of an insured loss, give bond for the proper per-
formance of such duties.
Acceplance of Insuranee:
5.14. If OWNER has any objection to the coverage afforded
by or other provisions of the insurance required to be pur-
chased and maintained by CONTRACTOR in accordance
with paragraphs 5.3 and 5.4 on the basis of its not complying
with the Contract Documents, OWNER shall notify CON-
TRAC"fOR in writing thereof within ten days of the date of
delivery of such certificates to OWNER in accordance with
paragraph 2.7. If CONTRACTOR has any objection to the
coverage afforded by or other provisions of the policies of
insurance required to be purchased and maintained by 0«1NER
in accordance with paragraphs 5.6 and 5.7 on the basis of
their not complying with the Contract Documcnts, CON-
TRACTOR shall notify OWNER in writing thereof within ten
days of the date of delivery of such certificates to CON-
TRACTOR in accordance with paragraph 2.7. OWNER and ,
CONTRACTOR shall each provide to the other such addi- tional information in respect of insurance provided by each
as the other may reasonably request. Failure by OWNER or
CONTRACTOR to give any such notice of objection within
the time provided shall constitute acceptance oC such insur-
ance purchased by the other as complying with the Contract
Documents.
Partia[ Utiliurlion-Property lnsurance:
5.15. If OWNER finds it necessary to occupy or use a
portion or portions oC the Work prior to Substantial Comple-
tion of all thc Work, such use or occupancy may be arcom-
ptished in accordance with paragraph 14.10; provided that no
41
such use or occupancy sliall commcncc bcCorc thc insurcrs
providing thc property insurancc hav`e acknowledgcd notice
thcreof and in writing efCected the changes in coveragc ncccs-
sitated tltereby. The insurers providing the propcrty insur-
ance sha(I consent by endorsemcnt on the policy or policies,
but the property insurance shall not be cancelled or lapse on
account of any such partial use or occupancy.
ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES
Supervision and Superin[errdence:
6.1. CONTRACTOR shall supervise and direct the Work
competently and efficiently, devoting such attention thereto
and applying such skills and expertise as may be necessary
to perform the Work in accordance with the Contract Doc-
uments. CONTRACTOR shall be solely responsible for the
means, methods, techniques, sequences and procedures of
construction, but CONTRACTOR shall not be responsible
for the negligence of others in the design or selection of a
specific means, method, technique, sequence or procedure
of construction which is indicated in and required by the
Contract Documents. CONTRACTOR shall be responsible
to see that the finished Work complies accurately with the
Contract Documents.
6.2. CONTRACTOR shall keep on the Work at all times
during its progress a competent resident superintendent, who
shall not be replaced without written notice to OWNER and
ENGINEER except under extraordinary circumstances. The
superintendcnt will be CONTRACfOR's representative at .
the site and shall have authority to act on behalf of CON-
TRAC'TOR. Al[ communications given to the superintendent
shall be as binding as if given to CONTRACTOR.
Labor, Malerials aRd Equipmenl:
* 63. CONTRACTOR shall provide competent, suitably
qualified personnel to survey and lay out the Work and per-
form construction as required by the Contract Documents.
CONTRACTOR shall at all times maintain good discipline
and order at the site. Except in connection with the safety or
protection of pcrsons or the Work or property at the site or
adjacent thereto, and except as othecwise indicated in the
Contract Documents, all Work at the site shall be performed
during regular wocicing hours, and CONTRACTOR will not
permit overtime work or the pecformance of Work on Sat-
urday. Sunday or any Icgal hotiday without OWNER's writ-
ten consent given after prior written notice to ENGINEER.
6.4. Unless othenvise specified ia thc Generai Require-
ments, CONTRACTOR shall furnish and assume full respon-
sibility for alt materials, equipment. labor, transportation.
construction equipment and machinery, tools, appliances,
fuel, power, light. heat, telephone, water, sanitary facilities,
temporary facilitics and all other facitities and incidentals
necessary for thc furnishing, perfocmancc, testing, start-up
and completion of the Work.
6.5. All matcrials and cquipment shall be of Food quality
and nc~%•, cxccpt as othcnvise providcd in thc Concract Doc-
umcnts. lf rcquircd by ENGINEER, CONTRACTL: 2 shall
furnish satisfactory evidence (including reports of required
tcsts) as to thc kind and quality of materials and equipmeni.
All materials and equipment shall be applied, instat(ed, con-
nected, erected, used, cleaned and conditioned in accordance
with the instructions of the applicable Supplier except as
othenvise provided in the Contract Documents; but no pro-
vision of any such instructions wi11 be effective to assign to
ENGINEER, or any of ENGINEER's consultants, agents or
employees, any duty or authority to supervise or direct the
furnishing or performance of the Work or any duty or author-
ity to undeRake responsibility contrary to the provisions of
pangraph 9.15 or 9.16.
Adjusting Progress Sehedule:
6.6. CONTRACTOR shall submit to ENGINEER for
acceptance (to the extent indicated in paragraph 2.9) adjust-
ments in the progress schedule to reflect the impact thereon
of new devclopments; these will conform generally to the
progress schedule then in effect and additionally will comply
with any provisions of the General Requirements applicable
thereto. Substilules or "Or-Equa1" Ilems:
6.7.1. Whenever materials or equipment are specified
ordescribed in the Contract Documents by using the name
of a proprietary item or the name of a particular Supplier
the namiog of the item is intended to establish the type,
function and quality required. Unless the name is foltowed
by words indicating that no substitution is permitted,
materials or equipment of other Suppliers may be accepted
by ENGINEER if sufficient information is submitted by
CONTRACTOR to atlow ENGINEER to determine that
the material or equipment proposed is equivalent or equal
to that named.lfie procedure for review by ENGINEER
will include the following as supplemented in the Geaeral
Requirements. Requests for review of substitute items of
material and equipment will not be accepted by ENGI-
NEER from anyone other than CONTRACTOR. If CON-
TRACTOR wishes to furnish or use a substitute item of
material or equipment, CONTRACTOR shall make writ-
ten application to ENGINEER for acceptance thereof,
certifying that the proposed substitute will perform ade-
quately the functions and achieve the results cailed for by
the general design, be similar and of equal substance to
that specified and be suited to the same use as that spec-
i6ed. The application will state that the evaluation and
acceptance of the proposed substitute will no[ prejudice
CONTRACI'OR's achievement of Substantial Comple-
tion on time, whether or not acceptance of the substitute
for use in the Work will require a change in any of the
Contract Documents (or in the provisions of any other
direct contract with OWNER foc work on the Project) to
adapt the design to the proposed substitute and whether
oc not incorporation or use of the substitute in connection
with the Wock is subject to payment of any license fee or
*See Supplementax'y Conditions 42
~
~
1
~
~
.
~
royalt)•. Ali variatiuns o('thc pmposcd tiuhstitutc li-um that
specified xvill bc idcntilicd in thc`t+pplicatiun and :ivailablc
maintenance. rcrair and replaccmcnt scrvicc will bc indi-
catcd. 'ncc application will alsu contain an itcmi2ed cs(i-
mate of all custs that will result dircctly ar indircctl}• Crom
acceptance of such substitute, including costs of redesien
and elaims oC othcr contractors affcctcd by the resultine
chance, all oC which shall be considered by ENG W GER
in evaluating the proposed substitute. ENGINEER may
rcquire CONTRACZ'OR to furnish at CONTRACTOR's ~
expense additional data about thc proposcd substitutc.
6.7.2. [f a specific means, method, tcchnique, sequeoce
or procedu*e of construction is indicated in or required by
the Contract Documents. CONTRAC"fOR may furnish or
utilize a substitute means, method, sequence, technique
or procedure of construction acceptable to ENGINEER.
if CONTRACTOR submits suCficient information to allow
ENGINEER to determine that the substitute proposed is
equivalent to that indicated or required by the Contract
Documents. The procedur, for review by ENGINEER
will be similar to that provided in paragraph 6.7.1 as applied
by ENGINEER and as may be supplemented in the Gen-
eral Requirements.
6.7.3. ENGINEER will be aliowed a reasonable time
within which to evaluate each proposed substitute. ENGI-
NEER will be the sole judge of acceptability, and no
substitute will be ordered, installed or utilized without
ENGINEER's prior written acceptance which will be evi-
denced by either a Change Order or an approved Shop
Drawing. OWNER may require CONTRACTOR to fur-
nish at CONTRACTOR's expense a special perf'ormance
guarantee or other surety with respect to any substitute.
ENGINEER will record time required by ENGINEER
and ENGINEER's consultants in evaluating substitutions
proposed by CONTKACTOR nnd in makine changes in
the Contract Documents occasioned thereby. Whether or
not ENGINEER accepts a proposed substitute, CON-
TRACTOR shail reimburse OWNER for the charges of
ENGINEER and ENGINEER's consultants for evaluat-
ing each proposed substitute.
Coacerning Subcoatraclors, Supp[iers and Otkers:
6.8.1. CONTRACTOR shall aot emptoy any Subcon-
tractor. Supplieror other person ororganization (including
thosc acceptable to OWNER and ENGINEER as indi-
cated in paragraph 6.8.2), whether initially or as a substi-
tute. against whom OWNER or ENGINEER may have
reasonable objection. CONTRACTOR shall not be required
to employ any Subcontractor. Supplier or othec person or
organization to furnish or perform any of the Work against
whom CONTRACTOR has reasonable objection.
6.8.2. If the Supplementary Conditions require the
ideatity oCceRain Subcontractors. Suppliers or other per-
sons or organizations (including those who are to furnish
the principal itcros oC materials and equipment) to be sub-
mitted to OWNER in advancc of the specified date prior
to the Effective Date oC thc Agreemcnt Cor acceptance by
O1VNf=K :incl (:NGIV[L=R anci it CONTh:1C"fOR h:is
subcnittcd a list thcrcof in accordancc v.•ith thc Supple_
mcntary Cun~iitions, U~~'NER's ur ENGIN L• EK's acccpt-
ancc (cithcr in writinF or b)' (ailin_ to makc writtcn objcc-
lion theretu by thc date indicated Cur acceptance or objec-
tiun in the bidding documents ar the Contract Documents)
of any such Subcontractor. Supplicr or other person or
orFanizatiun so idcntiticd may bc rcvokcd on the basis o(
reasonable objcction aftcr duc investigation, in which case
CONTRACTOR shall submit an accept<+ble substitute, the
Contract Price will be increased by the diCfercnce in the
cost occasioncd by such substitution and an appropriatc
Change Order will be issued or Writtcn Amendment signed.
No acceptance by OWNL-R or ENGINEER of any such
Subcontractor. Supplier or other person or organization
shall constitutc a.waiver of any right of O WN ER or ENGI-
NEER to reject c(efec•trve Work.
* 6.9. CONTRACT'OR shall be fully responsible to OWNER
and ENGINEER Cor all acts and omissions of the Subcon-
tractors. Suppliers and other persons and organizations per-
(orming or furnishing any of the Wark under a direct or
indirect contract with CONTRACTOR just as CONTRAC-
TOR is responsible for CONTRACTOR's own acts and omis-
sions. Nothing in the Contract Documents shall create any
contractual relations6ip between OWNER or ENGINEER
and any such Subcontractor. Supptier or other person or
organization, nor sha(1 it create any obligation on the part of
OWNER or ENGINEER to pay or to see to the payment of
any moneys due any such Subcontractor, Supplier or other
person or organization except as may otherwise be cequired
by Laws and Regulations.
6.10. The divisions and sections of the Speci6cations and
the identifications of any Dcawings shall not control CON-
TRACTOR in dividing the Work among Subcontractors or
Suppliers or delineating the Work to be performed by any
specific trade.
6.11. All Work performed for CONTRACTOR by a Sub-
contractoc will be pursuant to an appropriate agreement
betwecn CONTRACTOR and the Subcontractor which spe-
cifically binds the Subcontractor to the applicable terms and
conditions of the Contract Documents for the benefit of
OWNER and ENGINEER and contains waiver provisions
as required by paragraph 5.11. CONTRACT'OR shall pay
each Subcontractor a just share of any insurance moneys
received by CONTRACTOR on account of losses under pol- '
icies issued pursuant to pacagraphs 5.6 aad 5.7.
Palent Fees and Royallies:
6.12. CONTRACTOR shall pay all license Cees and roy-
alties and assume all costs incident to thc use in the pecCor-
mance of the Work or the incorporation in the Work of any
invention, design. process, product or device which is the
subject ot patent rights or copyrights held by othcrs. If a
panicular invention, desiga. process, product or device is
specified in thc Contract Documcnts for usc in the pcrfor-
mancc oCthe Work and if eo the actual knowlcdgc ofOWNER
*See Supplementa;ry Conditions 43'
or ENGINEER its use is subject to patent rights or copyrigius
calling for the payment of any licensc fec or royalty to otticrs,
the existenee of such richts shall be disclosed by OVVNER in
the Contract Documents. CONTRACTOR shall indemniCy
and hold harmless O\VNER and ENGINEER and anyonc
directly or indirectly employed by either of them from and
against all claims, damages, tosses and expenses (includinp.
attorneys' fees and court and arbitration costs) arising out oC
any infriagement of patent rights or copyrights incident to
the use in the performance of the Work or resulting from the
incorporation in the Work of any invention, design, process,
product or device not specified in the Contract Documents,
and shall defend all such claims in connection with any alleged
infringement of such rights.
Permits:
* 6.13. Unless othenvise provided in the Supplementary
Conditions, CONTRACTOR shall obtain and pay for all con-
struction permits and licenses. OWNER shall assist CON-
TRACfOR, when necessary, in obtaining such permits and
licenses. CONTRACTOR shall pay all governmental charges
and inspection fees necessary for the prosecution of the Work,
which are applicabte at the time of opening of Bids, or if there
are no Bids on the Effective Date of the Agreement. CON-
TRAGTOR shall pay all charges of utility owners for con-
necGons to the Work, and OWNER shall pay all charges of
such utility owners for capital costs related there[o such as
plant investment fees.
Laws and Regulations:
6.14.1. CONTRACTOR shall give all notices and
comply with all Laws and Regulations applicable to fur-
nishing and performance of the Work. Except where oth-
erwise expressly required by applicable Laws and Regu-
lations, neitherOWNER nor ENGINEER shall be respon-
sible for monitoring CONTRACfOR's compliance with
any Laws or Regulations.
6.14.2. If CONTRAGTOR observes that the Specifi-
cations oc Dnwings are at variance with any Laws or
Regulations, CONTRACTOR shall give ENGINEER
prompt written notice thereof, and any necessary changes
will be authorized by one of the methods indicated in
paragraph 3.4. If CONTRAC'TOR pecforms any Work
knowing or having reason to know that it is contrary to
such Laws or Regulations, and without such notice to
ENGINEER, CONTRACTOR shall bear all cosu arising
therefrom; however, it shall not be CONTRACTOR's pri-
mary responsibility to make certain that the Specifications
and Drawings are in accordance with such Laws and
Regulations.
Tazes:
* 6.15. CONTRACTOR shall pay all salcs, consumer, use
and othec similar taxes requircd to be paid by CONTRAC-
TOR in accordance with the Laws and Regulations of the
placc oC thc Projcct which arc applicablc during thc pcifor-
mancc of thc Work.
Use ojPrentises:
6.16. CONTRACTOR shall confine construction equip-
inent, the storage of materials and equipment and tfie oper-
ations of workers to thc Project site and land and areas iden-
tified in and permitted by the Contract Documents and other
tand and areas permitted by Laws and Regulations, rights-
of-way, permits and easements, and shall not unreasonably
encumber the premises with construction equipmeat 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 land or areas contig-
uous thereto, resulting from the performance of the Work.
Should any claim be made against OWNER or ENGINEER
by any such owner or occupant because of the performance
of the Work, CONTRACI'OR shall promptly attempt to settle
with such other party by agreement or othenvise resolve the
claim by arbitration or at law. CONTRACTOR shall, to the
ful[est extent permitted by Laws and Regulations, indemnify
and ho(d OWNER and ENGINEER hacTnless from and against
al( claims, damages, losses and expenses (including, but aot
limited to, fees of engineers, architects, attorneys and other
professionals and court and arbitration costs) arisingdirectly,
indirectly or consequentially out of any action, legat or equi-
table, brought by any such other party against OWNER or
ENGINEER to the extent based on a claim arising out of
CONTRACTOR's performance of the Work.
6.17. During the progress of the Work, CONTRACTOR
shall keep the premises free from accumulations of waste
materials, rubbish and other debris resulting from the Work.
At the completion of the Work CONTRACTOR shall remove
all waste materials, rubbish and debris from and about the
premises as well as all tools, appliances, construction equip-
ment and machinery, and surplus materials, and shall leave
the site clean and ready for occupancy by OWNER. CON-
TRACTOR shall restore to original condition all property not
designated for aiteration by the Contract Documents.
6.18. CONTRACTOR shall not load nor pecmit any part
of aay structure to be loaded in any manner that will endanger
the structure, nor shall CONTRACTOR subject any_part of
the Work or adjacent property to stresses or pressures that
will endanger it.
Record Docurttenu:
6.19. CONTRACTOR shall maintain in a safe place at
the site one record copy of all Dcawings. Specifications,
Addenda, Written Amendments, Change Orders. Work
Directive Changes. Field Orders and written interpretations
and clarifications (issued pursuant to pacagrnph 9.4) in good
order and annotated to show ali changes made during con-
struction. These rccord documents together with all approved
samp(es and a counterpart of all approved Shop Drawings
will be avaitable to ENGINEER for reCerencc. Upon com-
*See Supplementary Conditions 44 •
tt
t
plction uf thc \\'ork. thcsc i'cccird ducumen[s. s:imrlCS anJ
Shop Drawings will be dclix•ered to QttiGINFEK fur01VNER.
Sajery and Protectiorr:
* 6.20. CONTRACTOR shall be responsible for initi:tting,
maintaining and supervisinc all saCety precautions and pro-
Frams in conncction with the Work. CONTRACTOR shall
take all necessary pcecautions for the saCety o(, and shall
pcovide the necessary protection to prevent damage, injury
or loss to:
6.20.1. all employees on the Work and othcr persons
and organizations who may be affected thereby:
6.20.2. all the Work and materials and equipment to
be incorporated therein, whether in storage on or oCf the
site; and
6.203. other property at the site or adjacent thereto,
including trees, shrubs, lawns, walks, pavements, road-
ways, structures, utilities and Underground Facilities not
designated for removal, relocation or reptacement in the
course of construction.
CONTRACTOR shall comply with all applicable Laws and
Regulations of any public body having jurisdiction for the
safety of persons or property or to protect them from damage,
injury or loss; and shatl erect and maintain alt necessary
safeguards for such safety and protection. CONTRACTOR
shatl notify owners of adjacent pcoperty and of Underground
Facilities and utility owners when prosecution of the Work
may affect them, and shall cooperate with them in the pco-
tection. removal, relocation and replacement of their prop-
eRy. All damage, injury or loss to any property referred to
in paragraph 6.20.2 or 6.203 caused, directly or indirect(y.
in whole or in part, by CONTRACTOR, any Subcontcactor.
Supptier or any other person or organization directly or indi-
rectly employed by any of them to perf'orm or furnish any of
the Work oranyone forwhose acts any of them may be liable,
shall be remedied by CONTRACI'OR (except damage or loss
attributabte to the fault of Drawings or Specifications or to
the acts or omissions of OWNER or ENGINEER or anyone
employed by either of them or anyone for whose acts either
of them may be liable, and not attributable, directly or indi-
rectly. in whole or in part, to the fault or negligence of CON-
TRACI'OR). CONTRACI'OR's duties and responsibilities
Cor the safety and protection oCthe Work shall continue until
such time as all the Work is completed and ENG[NEER has
issued a notice to OWNER and CONTRACTOR in accord-
ance with paragraph 14.13 that the Work is acceptable (except
as otherwise ezpressly provided in connection with Substan-
tial Completion).
6.21. CONTRACTOR shall designate a responsible rep-
resentative at the site whose duty shall be the prevention oC
accidents. This person shall be CONTRACTOR's superin-
tendenc unless otherwise dcsignated in writing by CON-
TRACTOR to OWNER.
*See Supplementary Conditions
rnergrircics:
6.22. In cmcr~cncics affccting thc safcty or protcction of
persuns or thc 1Vurk or propcrty at thc sicc or adjaccnt ?hcrcto,
CONTRACI'OR, without spccial instruction orauthorization
from ENGINEER or OWNER, is obliFated to act to prcvcn;
threatencd damaee, injury or loss. CONTRACTOR shall fiive
ENG1N EER pcompt written notice if CONTRACTOR bclicves
that any significant changes in thc Work or variations from
the Contract Documents havc becn causcd tfiereby. If ENGI-
NEER detcrmincs that a chancc in the Contract Documents
is required because of the action taken in response to an
emergency, a\York Directive Change or Change Order will
be issucd to document the consequences of the changes or
variations.
Shop Drawiags and Samples:
6.23. After checking and verifying all field measurements
and after comptying with appticable procedures specified in
the General Requirements. CONTRACTOR shall submit to
ENGINEER for review and approval in accordance with the
accepted schedule of Shop Drawing submissions (see para-
graph 2.9), or for other appropriate action if so indicated in
the Supplementary Conditions, five copies (unless othenvise
specified in the General Requirements) of all Shop Drawings,
which will bear a stamp or specific written indication that
CONTRACTOR has satisfied CONTRACTOR's responsi-
bilities under the Contract Documents with respect to the
review of the submission. All submissions witl be identified
as ENGINEER may require. The data shown on the Shop
Drawings will be complete with respect to quantities, dimen-
sions, specified pec-formance and design criteria,• materials
and similar data to enable ENGINEER to review the infor-
mation as required.
6.24. CONT'RACTOR shall also submit to ENGINEER
for review and approval with such promptness as to cause
no delay in Work, a(t samples required by the Contract Doc-
uments. All samptes will have been checked by and accom-
panied by a specific written indication that CONTRACTOR
has satisfied CONTRACI'OR's responsibilities under the
Contract Documents with respect to the review of the sub-
mission and will be identified clearly as to material, Supplier,
pertinent data such as catalog numbers and the use far which
intended. 6.25.1. Before submission of each Shop Drawing or
sampte CONTRACTOR shall have determined and veri-,'
fied all quantities, dimensioas, specified performance cri-
teria, installation requirements, materials, catalog num-
bers and similar data with cespect thereto and reviewed
or coordinated each Shop Drawing or sample with other
Shop Drawings and samples and with thc requirements of
the Work and the Contract Documents.
,6.25.2. ' At the time of each submission. CONT'RAC-
TOR shall give ENGINEER specific written notice oCeach
variation that thc Shop Drawings or samples may have
from thc requirements of thc Contract Documcnts. and,
in additioo. shall cause a spccific ootation to bc made on
45
cach Shop Dra-ing submittcd to ENG1NEGh for rcvievv
and approval of each such variation.-
6.26. ENGINEER wilt rcvicw and approve with reason-
abte promptness Shop Drawings and samples, but ENGI-
NEER's review and approval will bc oniy for conCormance
with the design concept of the Project and for compliance
with the information given in the Contract Documents and
shall not extend to means, methods, techniques, sequences
or procedures ofconstruction (except where a specific means,
method, technique, sequence or procedure of construction is
indicated in or required 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. CON-
TRACTOR shall make corrections required by ENGINEER,
and shall retum 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 corrections called for
by ENGINEER on previous submittals.
6.27. ENGINEER's review and approval of Shop Draw-
ings or samples shall not relieve CONTRACTOR from
responsibility for any variation from the requirements of the
Contract Documents unless CONTRACTOR has in writing
called ENGINEER's attention to each such variation at the
time of submission as required by paragraph 6.25.2 and
ENGINEER has given written approval of each such vacia-
tion by a specific written notation thereof incorporated in or
accompanying the Shop Drawing or sample approval; nor
will any 'approval by ENGINEER relieve CONTRACTOR
from responsibility for errors or omissions in the Shop Draw-
ings or from responsibility for having complied with the pro-
visions of paragraph 6.25.1.
6.28. Where a Shop Dnwing or sample is required by the
Specifications, any related Work performed prior to ENGI-
NEER's review and approval of the peRinent submission will
be the sole expense and responsibility of CONTRACTOR.
Corslirsuing the li'ork:
6.29. CONTRACTOR shall carry on the Wock and adhere
to the progress schcdule during all disputes or disagrcements
with OWNER. No Work shall be delayed or postponed pend-
ing resolution of any disputes oc disagreements, except as
permitted by paragraph 15S or as CONTRACToR and
OWNER may othcnvise agree in writing.
* 'lrsdernnificalioa:
6.30. To the fullesYextent persnitted by Laws and Regu-
lations CONTRACTOR shalt indemnify and hold harmless
OWNER and ENGINEER and their consultants, agents and
employees from and against all claims, damages, losscs and
expenses, direct, indirect or consequential (inctuding but not
limited to fees and charges of engineers, acchitects, attorneys
and other professionals and court and arbitration costs) aris-
ing out of or resulting from the perCormance oC the Work,
providcd th:it any such ciaim, damagc, loss or cxpcnsc (a) is
attributablc to budily injury, sickness, discase or cleath, or to
injury tu or dcstruction of tangiblc propcrtp (othcr ttrin thc
«'ork itsclf) including the loss of use resulting thercfroni and
(b) is caused in whole or in part by any negligent act or
omission of CONTRACTOR, any Subcontractor, any person
or organization directly or indirectiy employed by any oCthem
to perform or furnish any of the Work or anyone for whose
acts any of them may be liable, regardless of whether or not
it is caused in paR by a party indemnified hereunder or arises
by or is imposed by Law and Regulations regardless of the
negligence of any such party.
631. In any and al( claims against OWNER or ENGI-
NEER or any of their consultants, agents or employees by
any emptoyee of CONTRACTOR, any Subcontractor, any
person or organization directly or indirectly employed by any
of them to perform or furnish any of the Work or anyone for
whose acts any of them may be liable, the indemnification
obligation under paragraph 630 shall not be limited in any
way by any limitation on the amount or type of damages,
compensation or benefits payable by or for CONTRAC70R
or any such Subcontractor or other person or organization
under workers' or workmen's compensation acts, disability
benefit acts or other employee benefit acts.
6.32. The obligations of CONTRACTOR under para-
graph 6.30 shall not extend to the liability of ENGINEER,
ENGINEER's consultants, agents or employees arising out
of the preparation or approval of maps, drawings, opinions,
reports, surveys, Change Orders, designs or specifications.
ARTICLE 7-OTHER WORK
Relaled Work al Site:
7.1. OWNER may perform other work related to the Proj-
ect at the site by OWNER's own forces, have other work
pecfocmed by utility ownecs orlet otherdirect contncts therefor
which shall contain General Conditions similar to these. If
the fact that such other work is to be performed was not noted
in the Contnct Documents, written notice thereof will be
given to CONTRACTOR prior to starting any such other
work; and, if CONTRAC'TOR believes that such perfor-
mance will involve additional expense to CONTRACTOR or
requires additional time and the parties are unable to agree
as to the extent thereof, CONTRACTOR may make'a claim
therefor as provided in Articles 11 and 12.
7.2. CONTRACTOR shall afTord each utility owner and
other contractor who is a party to such a direct conuact (or
OWNER, if OWNER is performing the additional work with
OWNER's employees) proper and safe access to the site and
a reasonable oppoRunity for the introduction and stocage of
materials and equipment and the execution of such work. and
shall properly conaect and coordinate the Work with theirs.
CONTRACTOR shall do all cutting, fitting and patchiag of
the Work that may be rcquired to make its several parts come
togcther properly and integcate with such other work. CON-
*See Supplementary Conditions 46
TI:ACl'OK shall not cndan,cr aiiy wurk oCUthcrs b)• Cuttin9.
~ cNcavatin_ or othcrwisc :iItcrinc thci 4~~~ork and ~~~ill oaly cut
or altcr thcir ~vurk ~~~ith thc ~~•nttcn ~onscnt of [NGINGER
xnd thc othcrs whose work will bc aficctcd. Thc dutics and
respansibilitics of CONTRACTOR undcr this paragraph arc
for thc bcncfit of such utility owncrs and othcr contnctors
tu thc cxtent that thcre are comparable provisions for the
bcncflt of CONTRACTOR in said dircct contracts bctwccn
O\i'NCR and such utility owncrs and othcr contractors.
7.3. IC any part of CONTRACTOR's «'ork depends for
proper execution or results upon thc work of any such other
contractor or utility owner (or OWNER), CONTRAC'TOR
shall inspcct and promptty ccport to ENGINEER in writing
any delays, defects or deficiencies in such work that render
it unavailable or unsuitable for such proper execution and
results. CONTRACTOR's failure so to report will constitute
an acceptance of thc other work as fit and proper for integra-
tion with CONTRACTOR's Work except for tatent or non-
apparent de[ects and deficicncies ia the other wori:.
Coordinalion:
7.4. If OWNER contracts with others for the perCor-
mance of othec work on the Project at the site, the pecson or
organization who will have authority and responsibiiity for
coordination of the activicies among the varioas prime con-
tractocs wi[t be identified in the Supplementary Conditions.
and the spccific natters to be covered by such authority ac►d
8 responsibitity witl be itemized, and the extent of such authoc-
ity and responsibilities will be provided, in the Supplementary
Conditions. Unlcss othervise pcovided in the Supplementary
Conditions, neither OWNER nor ENG[NEER shall have any
authority or responsibifity in respect of such coordination.
ARTICLE 8-OWNER'S RESPONSIBILITIES
8.1. OWNER shall issue all commanications to CON-
TRACT'OR through ENGINEER.
8.2. In ease of tccmination of the employmcnt of ENGI-
NEER. OWNER shall appoint an enginecr against whom
COM'RAC'COR makes no reasonable objection, whose sta-
tus undec the Contract Documents shall be that oCthe former
ENGINEER. Any dispute in eonnection with sach appoint-
ment shall be subject to arbitration.
8.3. OWNER shaU furnish the data cequired of OWNER
under the Contcact Documents prompt(y and shall make pay-
ments to CONTRACTOR pcomptIy aftec they are due as
providcd in pacagraphs 14.4 and 14.13.
8.4. OWNER's dutics in respect of providiag lands and
easements and providing engineecing sucveys to establish
rcCerence points are set Cocth in pangnphs 4.1 and 4.4. Para-
l ~ graph 4.2 rcCecs to OWNER's idenciCying and makins avait-
ablc to CONTRACTOR copies oCrepocts oCcxptorations and
tcsts of subsurfacc conditions at the site and in existing strttc-
wres which h:ive bccn ucilizcd by ENGINL•GR in pI-cparing
thc Drawingsand Spccifications.
8.5. OWNEK's responsibilitics in respcct of p;:iccasing
and maintaining liability and propcrty insurancc are sct forth
in par.tgraphs 5.5 thcough S.S.
5.6. OWNER is obl;gated to cxccutc Cliangc Ordccs as
indicatcd in paragraph 10.4.
8.7. OWNER's responsibility in respcct of ccrtain
inspcctions, tests and approvals is sct Cortli in paragcaph 13.4.
8.5. Ia connection with OWNER's right to stop Work or
suspend Work, see pacagraphs 13.10 and 15.1. Pacagraph 15.2
deals with OWNER's right to terminate services of CON-
TRACTOR under certain circumsiances.
ART'ICLE 9-bNGINEER'S ST'ATUS DURING
CONSTRUCTION
Owner's Represenlalive:
9.1. ENGINEER will be OWNER's representative dur-
ing the construction pcriod. Tha duties and responsibilities
and the [imitations ofauthority of ENGINEERas OWNER's
representative during construction are set forth in the Con-
tract Documents and shall not be extended without written
consent of OWNER and ENGINEER.
Visits 1o Site:
9.2. ENGINEER will make visits to the site at intcr.vals
appropriate to the various stages of construction to observe
the progress and quaIity of the executed Work and td-deter-
mine, in genecat, if the Work is proceeding in accordance
.with the Contract Documents. ENGIN EER wil( not be required
to make exhaustive or eontinuous on-site inspections to check
the quality oc quantity of the Work. ENGINEER's efforts
will be dicected toward providing for O WN ER a greater degmc
of confidence that the compteted Wor[c will confocm to the
Coatract Documents. On the basis of such visits and on-site
observations as an experienced and qualified design profes-
sional, ENGINEER wit[ keep OWNER infocmed oCthe prog-
ccss of the Work and wiil endeavor to guard OWNER against
defects and deficicncies in the Work. :
Project Represeacetion:
* 9.3. If OWNER and ENGINEER agree, ENGINEER
wili furnish a Resident Project Representative to assist
ENGINEER in obsecving the pecCocmance oCthe Work. The
duties, responsibilities and limitations of authority of any
such Resident Projcct Rcpresentative and assistants will be
as pcovidcd in the Supplcmentary Conditions. IC OWPIER
designates aaother agent to rcpresent OWNER at'tht site
who is noi ENGINEBR's agent or employee. the duties,
responsibilitics and Iimitations of authority of such othcr
pccson will bc as providcd in the Supplcmcntary Conditions.
*See Sunplementary Conditions 47
Clartf calions and Inrcrprclaliotrs: .
9.4. ENGINEER will issue with rcasonablc promptncss
such written clarifications or intcrpretations of the require-
ments of the Contract Documents (in the form of Drawings
or othenvise) as EhGINEER may determine necessary, which
shall be coasistent with or reasonably inferable Crom the
overall intent of the Contract Documcnts. ICCONTRACTOR
believes that a written clarification or interpretation justifies
an increase in the Contract Price or an extension of the
Contract Time and the parties are unable to agree to the
amount or extent thereof, CONTRACTOR may make a claim
therefor as provided in Article 11 or Article 12.
Aulhorized Variatiores in {4'ork:
9.5. ENGINEER may authorize minor variations in the
Work from the requirements of the Contract Documents which
do not involve an adjustment in the Contract Price or the
Contract Time and are consistent with the overall intent of
the Contract Documents. These may be accomplished by a
Field Order and will be binding on OWNER, and also on
CONTRACTOR who shall perform the Work invotved
promptIy. If CONTRACTOR believes that a FieId Order
justifies an increase in the Contract Price or an extension of
the Contract Time and the parties are unable to agree as to
the amount or extent thereof, CONTRAGTOR may make a
claim therefor as provided in Article 11 or 12.
Rejecling Dejective {i'ork:
9.6. ENGINEER will have authority to disapprove or
reject Work which ENGINEER be(ieves to be dejective, and
will also have authority to require special inspection or testing
of the Work as provided in paragraph 13.9, whether or not
the Nork is fabricated, installed or completed.
Shop Drawings, Chaage Orders and Pa}meats:
9.7 In connection with ENGINEER's responsibitity for
Shop Drawings and samp(es, see paragraphs 6.23 through
6.28 inclusive.
9.8. In connection with ENGINEER's responsibilities as
to Change Orders, see Articles 10. 11 and 12.
9.9. In connection with ENGINEER's responsibilities in
respect of Applicaaons for Payment, etc., see Article 14.
Delerrrcinatiorss jor Urtit Prices:
9.10. ENGINEER will determine the actual quantities
and classifications of Unit Price Work performed by CON-
TRACTOR. ENGINEER will review with CONTRACTOR
ENGINEER's preliminary detecminations on such matters
before rendering a written decision thereon (by recommen-
dation of an Application for Payment or otherwise). ENGI-
NEER's written decisions thereon will be final and binding
upon OWNER and CONTRACTOR, un[ess, within ten days
after the date of any such decision, either OWNER or CON-
TRAGTOR delivers to the other pacty to the Agreement and
to ENGINbEK written notice oC intention to appeal from
such a dccision.
Decisions on Disputes:
9.11. ENGINEER will be the initial interpreter of the
requircments of the Contract Documents and judge of the
acceptability of the Nork thereunder. Claims, disputes and
other matters relating to the acceptability of the Work or the
interpretation of the requirements of the Contract Documents
pectaining to the perfocmance and furnishing of the Work artd
claims under Articles 11 and 12 in respect of changes in the
Contract Price or Contract Time will be referred initially to
ENGINEER in writing with a request for a formal decision
in accordance with this paragcaph, which ENGINEER witl
render in writing within a reasonable time. Written notice of
each such c(aim, dispute and other matter will be delivered
by the claimant to ENGINEER and the other party to the
Agreement promptly (but in no event later than thirty days)
after the occurrence of ihe event giving rise thereto, and
written suppoRing data will be submitted to ENGINEER and
the other party within sixty days after such occurrence unless
ENGINEER allows an additional period of time to ascertain
more accurate data in support of the claim.
9.12. When functioning as interpreter and judge under
paragraphs 9.10 and 9.11, ENGINEER will not show par-
tiality to OWNER or CONTRACTOR and will not be liable
in connection with any interpretation or decision rendered in
good faith in such capacity. The rendering of a decision by
ENGINEER pursuant to paragc-aphs 9.10 and 9.11 with respect
to any such claim, dispute or other mattec (except any which
have been waived by the making or acceptance of final pay-
ment as provided in paragraph 14.16) will be a condition
precedent to any exercise by OWNER or CONTRACTOR
of such rights or remedies as either may otherwise have under
the Contract Documents or by Laws or Regulations in respect
of any such claim, dispute or other matter.
Limi[ations on ENGINEER's Responsibi[ilies:
9.13. Neither ENGINEER's authority to act under this
Article 9 or elsewhere in the Contract Documents nor any
decision made by ENGINEER in good faith either to exercise
or not exercise such authority shali give rise to any duty or
responsibility of ENGINEER to CONTRAGTOR, any Sub-
contractor, any Supp(ier, or any other person or organization
pecforming any of the Work, or to any surety for any of them.
9.14. Whenever in the Contract Documents the terms "az
ordered", "as directed". "as required". "as allowed". "as
approved" or terms of like efEect or impoct are used, or the
adjectives "reasonable", "suitable", "acceptable". "proper"
or "satisCactory" or adjectives of like effect or import are
used to describe a requirement, direction, review or judgment
of ENGINEER as to the Work, it is intended that such
requirement, direction, review or judgment will be sotely to
evaluate the Work for compliance with the Contract Docu-
ments (unless thcre is a specific statement indicating other-
wise). The use oC any such term or adjective shall not be
48
~
cfCective to assign to ENGINEER an}r duty or authurity to
supervise or direct thc furnishing or pcrCorm:ince of the \York
or any duty or authority to undertakc responsibility contrary
to thc provisions of paragraph 9.15 or 9.16.
9.15. ENGINEER will not be responsible for CON-
TRACTOR's means, methods, techniques, sequences or pro-
cedures of construction, or the safety precautions and pro-
grams incident thereto, and ENGINEER will not be respon-
sible for CONTRACTOR's failure to pcrform or furnisti the
Work in accordance with the Contract Documents.
9.16. ENGINEER will not be responsible for the acts or
omissions of CONTRACTOR or of any Subcontractor, any
Supplier, or of any other person or organization performing
or furnishing any of the Work.
ARTICLE 10-CHANGES IN THE WORK
10.1. Without invalidating the Agreement and without notice
to any surety, OWNER may, at any time or from time to
time, order additions, deletions or revisions in the Work;
these will be authorized by a Written Amendment, a Change
Order, or a Work Directive Change. Upon receipt of any such
document, CONTRACI'OR shall promptly proceed with the
Work involved u-hich will be performed under the app[icable
conditions of the Contract Documents (except as othecwise
specifically provided).
10.2. If OWNER and CONTRACTOR are unable to agree
as to the extent, if ac:y, of an increase or decrease in the
Contract Price or an extension or shortening of the Contract
Time t6at should be allowed as a result of a Work Directive
Change, a claim may be made thecefor as provided in Article
11 or Article 12.
10.3. CONTRACTOR shalt not be entitled to an increase
in the Contract Price or an exteasion of the Contract Time
with respect to any Work performed that is not required by
the Contract Documents as amended. modified and supple-
mented as provided in pacagraphs 3.4 and 3.5, except in the
case of an emergency as provided in paragraph 6.22 and
except in the case of uncovering Work as provided in para-
gcaph 13.9.
10.4. OWNER and CONTRACT'OR shall execute appro-
priate Change Orders (or Written Amendments) covering:
10.4.1. changes in the Work which are ordcred by
O WN ER pursuant to paragraph 10.1. are required bccause
of acceptance of defectii-e Work under paragraph 13.13 or
correcting dejective Work under paragraph 13.14, or are
agreed to by the parties;
10.4.2. changes in the Contract Price or Contract Time
which are agreed to by the partics; and
I0.4.3. chanoes in the Contract Price or Contract Time
which cmbody thc substance of any written decisioi; icn-
dcrcd by GNGINEER pursuant to paragraph 9.1I;
providcd tliat, i❑ lieu of exccuting any such Cliange Order,
an appeal may be taken fcom 1ny such decision in accordanee
with thc provisions of the Contract Documents and applicable
Laws and Regulations, but durinp
, any such appeal. CON-
TRACTOR shall carry on the Work and adhcrc to tfic prog-
ress schcdule as provided in paragraph 6.29.
10.5. If notice of any change affecting the general scope
of the Work or the provisions of the Contract Documents
(includins, but not limited to, Contract Price or Contract
Time) is required by the provisions of any Bond to be given
to a surety, the giving of any such notice will be CONTRAC-
TOR's responsibility, and the amount of each applicable Bond
will be adjusted accordingly.
ARTICLE 11-CHANGE OF CONTRACT PRICE
11.1. The Contract Price constitutes the total compen-
sation (subject to authorized adjustments) payable to CON-
TRAC?OR for performing the Work. All duties, responsibil-
ities and obligations assigned to or undertaken by CON-
TRACTOR shall be at his expense without change in the
Contract Price.
11.2. The Contract Price mav only be changed by a Change
Order or by a Written Amendment. Any claim for an increase
or decrease in the Contract Price shall be based on written
notice delivered by the party making the claim to the other
party and to ENGINEER promptly (but in no event later than
thirty days) after the occurrence of the eveat giving rise to
the claim and stating the general nature of the claim. Notice
of the amount of the claim with supponing data shall be
delivered within sixty days after such occurrence (unless
ENGINEER allows an additional period of time to ascertain
more accurate data in support of the claim) and shal( be
accompanied by claimant's written statement that the amount
claimed covers alt known amounts (direct, indirect and con-
sequential) to which the claimant is entitled as a result of the
occurrence of said event. All claims for adjustment in the
Contract Price shall be determined by ENGINEER in accor-
dance with paragraph 9.11 if OWNER and CONTRACTOR
cannot otherwise agree on the amount involved. No claim
for an adjustment in the Contract Price will be valid if not
submitted in accordance with this paragraph 11.2.
11.3. The value of any Work covered by a Change Order
or of any claim Cor an increase or decrease in the Contract
Price shall be determined in one oC the following ways:
11.3.1. Where the Work involved is covered by unit
prices contained in the Contract Documents, by applic;a-
tion oC unit prices to the quantities oC the items involved
(subject to thc provisions oC paragraphs 11.9.1. through
11.9.3. inclusive).
49
11.3.2. By mutuat acccptancc of a lump sum (which
may includc an allowance for ovcrhead and profit not
nccessarily in accordancc with paragraph 11.6.2. 1).
11.3.3. On the basis of the Cost of thc Work (detcr-
mined as provided in paragraphs 11.4 and 11.5) plus a
CONTRACTOR's Fee for overhead and profit (dcter-
mined as provided in paragraphs 11.6 and 11.7).
COSI Of t{re {'VOr/i:
11.4. The term Cost of the Work means the sum of all
costs necessarily incurred and paid by CONTRACTOR in
the proper performance of the Work. Except as otherwise
may be agreed to in writing by OWNER, such costs shall be
in amounts no higher than those prevailing in the locility of
the Project, shall include only the following items and sha[t
not include any of the costs itemized in paragraph 11.5:
11.4.1. Payroll costs for employees in the direct employ
of CONTRACTOR in the performance of the VVork under
schedules of job classifications agreed upon by OWNER
and CONTRACT'OR. Payroll costs for employees not
employed full time on the Work shall be apportioned on
the basis of their time spent on the Work. Payroll costs
shall include, but not be limited to, salaries and wages
plus the cost of fringe benefits which shall inciude social
security coniributions, unemployment, excise and payroll
taxcs, workers' or workmen's compensation, health and
retirement benefits, bonuses, sick leave, vacation and hol-
iday pay applicable thereto. Such employees shall include
superintendents and foremen at the site. The expenses of
performing Work after regular working hours, on Satur-
day, Sunday or legal holidays, shall be included in the
above to the extent authorized by OWNER.
11.4.2. Cost of a(I materiais and equipment furnished
and incorpocated in the Work, including costs of trans-
portation and storage thereof, and Supp[iers' field scrvices
required in connection therewith. All cash discounts shall
accrue to CONTRACTOR unless OWNER deposits funds
with CONTRACTOR with which to make payments, in
which case the cash discounts shall accrue to OWNER.
All trade discounts, rebates and refunds and ali returns
from sale of surplus materials and equipment shall accrue
to OWNER, and CONTRACTOR shall make provisions
so that they may be obtained.
11.43. Payments made by CONTRACTOR to ihe
Subcontractors for Work pertormed by Subcontcactors.
If required by OWNER, CONTRACTOR shall obtain
competitive bids from Subcontractors acceptab(e to CON-
TRACTOR aad shall deliver such bids to OWNER who
will then determine, with the advice of ENGINEER, which
bids will be accepted. If a subcontraet pcovides that the
Subcontractor is to be paid on the basis of Cost of the
Work Ptus a Fee, the Subcontractor's Cost of the Work
shall be detecmined in the same manncr as CONTRAC-
TOR's Cost of the Work. AII subcontracts shall be subject
to thc other provisions of the Contra,~t Documcnts insofar
as applicablc.
I t.4.4. Costs of special consuitants (including but not
limited to engineers, architects, testing laboratories, sur-
veyors, attorneys and accountants) employed for services
spccifica(ly rclatcd to the Work.
11.4.5. Supplemental costs including the following:
11.4.5. 1. The proportion of necessary transpoRa-
tion, travel and subsistence expenses of CONTRAC-
TOP.'s employees incurred in discharge of duties con-
nected with the Work.
11.4.5.2. Cost, including transportation and main-
tenance, of all materials, supplies, equipment, machin-
ery, 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 of such items used but not consumed
which remain the property of CONTRACT'OR.
11.4.53. Rentals of alt construction equipment and
machinery and the parts thereof whether rented from
CONTRACTOR or others in accordance with rental
agreements approved by OWNER with the advice of
ENGINEER, and the costs of transportation, toading,
unloading, ins[allation, dismantling and removal
thereof-all in accordance with terms of said rental
agreements. The rentai of any such equipment, machin-
ery orparts shall cease when the use thereof is no longer
necessary for the Work.
11.4.5.4. Sales, consumer, use or similar taxes
related to the Work, and for which CONTRACTOR is
liable, imposed by Laws and Regulations.
11.4.5.5. Deposits lost for causes other than negli-
gence of CONTRAC'TOR, any Subcontractor or any-
one directly or indirectly employed by any of them or
for w•l.ose acts any of them may be liable, and royalty
payments and fees for permits and licenses.
11.4.5.6. Losses and damages (and related
expenses), not compensated by insurance orothecwise,
to the Work or otherwise sustained by CONTRACTOR
in connection with the performance and furnishing of
the Work (except losses and damages within the
deductible amounts of property insurance established
by OWNER in accordance with paragraph 5.9), pra
vided they have resulted from causes other than the
negligence of CONTRACT'OR, any Subcontractor, or
anyoae directiy or indirect[y employed by any of them
or for whose acts any of them may be tiable. Such
losses shall include settlements made with the written
consent and approval of OWNER. No such losses,
damages and expenses shall be included in the Cost of
the Work foc the pucpose oCdetecmining CONTI',AC-
TOR's Fee. If, however, any such loss or damage
50
4
0
~
requires rcconstruction and CbN"I'RACCOR is placcd
in charce thcrcof. CONTRACTOR shall bc paid for
serviccs a fec proportionatc to that stated in paragraph
11.6.2.
11.4.5.7. The cost of utilitics, fuel and sanitary
facilities at the site.
11.4.5.8. Atinor expenscs such 1s telegnms, long
distance telephone calls, telephone service at the site,
expressage and similar petty cash items in conaection
with the Work.
11.4.5.9. Cost of premiums for additiona! Bonds
and insurance required because of changes in the Work
and premiums for property insurance coverage within
the limits of the deductib(e amounts established by
OWNER in accordance with paragraph 5.9.
11.5. The term Cost of the Work shall not include any of
the following:
11.5.1. Payroll costs and other compeasation of CON-
TRACTOR's of6cers, executives, principals (of partaer-
ship and sole proprietorships), general managers, engi-
neers, architects, estimators, attorneys, auditon, accoun-
tants, purchasing and contracting agents, cxpeditors,
timekeepecs, derks and other personnel emp(oyed by
CONTRACTOR whether at the site or in CONTRAC-
TOR's principal or a branch office for general administra-
tion of the Work and not specifically inciuded in the agreed
upon schedule of job classifications referred to in para-
graph 11.4.1 or specifically covered by paragraph 11.4.4-
all of which are to be considered administrative costs
covered by the CONTRACI'OR's Fee.
11.5.2. Expenses of CONTRACTOR's principal and
branch of6ces other than CONTRACTOR's office at the
site.
11.5.3. Any part of CONTRACfOR's capital expenses,
including interest on CONTRACTOR'S capital employed
for the Work and charges against CONTRACTOR for
delinquent payments.
11.5.4. Cost of premiums for all Bonds and for all
insurance whether or aot CONTRACTOR is required by
the Contract Documents to purchase and maintain the
same (except for the cost of premiums covered by sub-
pacagraph 11.4.5.9 above).
11.5.5. Costs due to the negtigence oC CONTRAC-
TOR, any Subcontcactor, or anyone directty or indirectly
employed by any oC them or for whose acts any of them
may be liable, including but not limited to, the correction
oC dejecrive Work, disposal of materials or equipment
wrongly supplicd and making good any damage to prop-
erty.
11.5.6. Othcr overhead or general expensc costs of
any kind and the costs oC any itcm not specifical[y and
expressly includcd in paragraph 11.4.
CONTRACTOX 's Fee:
11.6. Thc CON'CRACTOR's Fee ailowcd to CONI'RAC-
TOR ft.)r overhead and profit shaU bc determincd as follows:
11.6.1. a mutually acceptable fixed Cee; ar iCnone can
bc agrced upon,
11.6.2. a fee based on the following pcrccntagcs of the
various portions of the Cost of the Work:
11.6.2. l. for costs incurred undcr paragraphs 11.4.1
and 11.4.2. the CONTRACTOR's Fec shall be fifteen
percent;
11.6.2.2. for costs incurred under pacagraph 11.4.3,
the CONTRACTOR`s Fee shall be fvc percent: and if
a subcontract is on the basis of Cost of the Work Plus
a Fee, the maximum allowable to CONTRACTOR on
account of overhead and profit of all Subcontractors
shall be fifteen percent:
11.6.23. no fee shall be payable on the basis of
costs itemized under paragraphs 11.4.4, 11.4.5 and I1.5:
11.6.2.4. the amount of credit to be al(owed by
CONTRACTOR to OWNER for any such change which
results in a net decrease in cost witl be the amount of
the actual net decrease plus a deduction in CONTRAC-
TOR's Fee by an amount equa( to ten percent of the
net decrease; and
11.6.2.5. when both additions and credits are
involved in any one change, the adjustcrient in CON-
TRACTOR's Fee shall be computed on the basis of the
net change in accordance with paragraphs 11.6.2.1
throigh 11.6.2.4, inclusive.
11.7. Whenever the cost of any Work is to be determined
pursuant to paragraph 11.4 or 11.5, CONTRACTOR wilt
submit in form acceptable to ENGINEER an itemized cost
brea[cdown together with supporting data.
Cash Allowances:
11.8. It is understood that CONTRACTOR has included
in the Contract Price all allowances so named in the Contract ,
Documents artd shali cause the Work so covered to be done '
by such Subcontractors or Suppliers and for such sums within
the limit of the altowances as may be acceptable to ENGI-
NEER. CONTRACTOR agrees that:
11.8.1. The allowaaces include the cost to CON-
TRACTOR (less any applicable trade discounts) of mate-
rials and equipment required by the allowances to be deliv-
ered at the site, and all applicabte taxes; and
I1.8.2. CONTRACTOR's costs for unloading and
handling on lhe site, labor, installation costs, overhead,
profit and othcrexpeases contemplated for the allowances
havc been includcd in the Contract Price and aot in thc
51
allowances. No demand Cor additioRal payment on account
oCany thereof will be valid.
Prior to final payment, an appropriate Change Order will bc
issued as recommended by ENGINEER to reflect actuai
amounts due CONTRACTOR on account of Work covered
by allowances, and the Contract Price shall be correspond-
ingly adjustcd.
Uni1 Price {York:
11.9.1. Where the Contract Documents provide that
all or part of the Work is to be Unit Price Work, initially
the Contract Price will be deemed to include for all Unit
Price Work an amount equal to the sum of the estabtished
unit prices for each separately identified item of Unit Price
Nork times the estimated quantity of each item as indi-
cated in the Agreement. The estimated quantities of items
of Unit Price Work are not guaranteed and are solely for
the purpose of comparison of Bids and determining an
initial Contract Price. Determinations of the actual quan-
tities and classifications of Unit Price Work performed by
CONTRACTOR will be made by ENGINEER in accor-
dance with Paragraph 9.10.
11.9.2. Each unit price will be deemed to inc(ude an
amount considered by CONTRACTOR to be adequate to
cover CONTRACTOR's overhead and profit for each sep-
arately identified item.
* 11.9.3. Where the quantity of any item of Unit Price
Work performed by CONTRACTOR differs materially
and significantiy from the estimated quantity of such item
indicated in the Agreement and there is no corresponding
adjustment with respect to ar►y other item of Work and if
CONTRACTOR believes that CONTRACTOR has
incurred additional expense as a result thereof, CON-
TRACTOR may mal:e a claim for an increase in the Con-
tract Price in accordance with Article I 1 if the parties are
unable to agree as to the amount of any such increase.
shall be determined by ENGINEER in accordance witfi para-
graph 9.11 if OWNER and CONTRACTOR cannot othenvise
agree. No ctaim for an adjustment in the Contract Time wi(1
be valid if not submitted in accordance with the requirements
of this paragraph 12.1.
12.2. The Contract Time will be extended in an amount
equa( to time lost due to delays bcyond the control of CON-
TRACTOR if a claim is made thcrefor as pcovided in para-
graph 12.1. Such delays shall include, but not be limited to,
acts or neglect by OWNER or others performing additional
work as contemplated by Article 7, or to fires, ftoods, labor
disputes, epidemics, abnormal weather conditions or acts of
God.
12.3. All time limits stated in the Contract Documents
are of the essence of the Agreement. The provisions of this
Article 12 shall not exclade recovery for damages (including
but not limited to fees and charges of engineers, architects,
attorneys and other professionals and court and arbitration
costs) for de[ay by either party.
ARTICLE 13-WARRANTY AND GUARANTEE;
TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK
{i'arraRty and Guaraatee:
13.1. CONTRACTOR warrants and gvarantees-to
OWNER and ENGINEER that all Work will be in accor-
dance with the Contract Documents and will not be defective.
Prompt notice of all defects shall be given to CONTRAC-
TOR. All defective Work, whether or not in place, may be
rejected, corrected or accepted as provided in this Article 13.
Access to Work:
ARTICLE 12-CHANGE OF CONTRACT TIME
12.1. The Contract Time may only be changed by a Change
Order or a Written Amendment. Any ctaim foc an extension
or shortening of the Contract Time shall be based on written
notice delivered by the party making the claim to the other
party and to ENGINEER promptly (but in no event later t6an
thirty days) after the occuaence of the event giving rise to
the claim and stating the general nature of the claim. Notice
of the extent of the claim with supporting data shali be deliv-
ered within sixty days aCter such occurrence (un(ess ENGI-
NEER allows an additional period of time to ascertain more
accucate data in support of the claim) and shall be accom-
panied by the claimant's written statement that the adjust-
ment claimed is the entire adjustment to which the claimant
has reason to believe it is entitled as a result oCthe occurrence
of said event. All claims for adjustmenl in the Contract Time
*See Supplementary Conditions, 52
i`
13.2. ENGINEER and ENGINEER's representatives,
other representatives of OWNER, testing agencies and gov-
ernmental agencies with jurisdictional interests will have access
to the Work at reasonable times fortheirobservation, inspecting
and testing. CONTRACT'OR shalt provide proper and safe ,
conditions for such access. Tests and lnspeclions:
13.3. CONT'RACTORshallgiveENGINEERtimelynotice
of readiness of the Work for atl required inspections, tests or
approvals.
13.4. If Laws or Regulations of any public body having
jurisdiction require any Work (or part theceof) to specifically
be inspected, tested or approved. CONTRACTOR shall
assume full responsibility thereCor, pay all costs in connection
therewith and furnish ENGINEER the required certificates
of inspection, testing or appcoval. CONTRACTOR shall also
4
lI
4
bc responsiblc for and shatl pay aUcosts in conncction with
any inspection or testing rcquircd in conncction with OWN-
ER's or ENGtNEER's acccptlnce of a Supplicr of m:atcrials
or equipment proposcd to bc incorporatcd in thc \Vork, or oC
materials or equipmcnt submitted Cor approval prior to CbN-
TRACTOR's purchase thereof Cor incorporation in the Work.
The cost of all inspections, tests and approvals in addition to
the above which are required by the Contract Documents
shall be paid by OWNER (unless othenvise specified).
13.5. All inspections, tests or approvals other than those
required by Laws or Regulations of any pubtic body having
jurisdiction shall be performed by organizations acceptable
to OWNER and CONTRACTOR (or by ENGINEER if so
specified).
13.6. If any Work (including the work of others) that is
to be inspected, tested orapproved is covered without written
concurrence of ENGINEER, it must, if requested by ENGI-
NEER, be uncovered for observation. Such uncovering shall
be at CONI'RACTOR's expense unless CONTRACTOR has
given ENGINEER timely notice of CONZ'RACTOR's inten-
tion to cover the same and ENGINEER has not acted with
reasonable promptness in response to such notice.
13.7. Neither observations by ENGINEER nor inspec-
tions, tests or approvals by others shall relieve CONTRAC-
TOR from CONTRACTOR's obligations to perform the Work
in accordance with the Contract Documents.
Uncoveriag Work:
13.8. If any Work is covered contrary to the written request
of ENGINEER, it must, if requested by ENGINEER, be
uncovered for ENGINEER's obsecvation and replaced at
CONTRACTOR's expense.
13.9. If ENGINEER considers it rtecessary ar advisable
that covered Work be observed by ENGtNEER or inspected
or tested by others. CONTRACTOR, at ENGINEER's
request. shall uncover, expose or otherwise make available
for obsecvation, inspection or testing as ENGINEER may
require. that poction of the Work in question, furnishing all
neccssary labor, mateciat and equipment. If it is found that
such Work is dejective. CONTRACTOR shall bearall direct,
indirect and consequential costs of such uncovering, expo-
sure, observatioa, inspection and testing and of satisfactary
reconstruction. (including but not limited to fees and charges
oC engineers, architects, attorneys and other professionals),
and OWNER shall be entitted to an appropriate decrease in
the Contract Price, and, if the paRies are unable to agree as
to the amount thereof. may make a claim thereCor as pcovided
in Article ll. If. however. such Work is not found to be
defeciii•e. CONTRACTOR shall be atlowcd an increase in
the Contract Price or an extension of the Contract Time, or
both, dircctty attributable to such uncovering, exposure,
observation, inspcction, testing and reconstruction; and, if
the parties are unable to sgrcc as to the amount or extcnt
thcrcuf. CONTRACTOR may make a cl:iint thercl'or as pcu-
vidcd in Articlcs I 1:ind 12.
Onvtcr Afap Stop [!te Work:
13.10. If the Work is dcfcc•rivc, or CONTRACTOR fails
to supply sufficient skilled workers or suitable materials or
cquipmcnt, or fails to furnish or pet-form thc Work in such a
way that the completcd Work will conform to tlic Contract
Documents. OWNER may urder CONTRACTOR to stop the
Work, or any portion thereof, until thz cause Cor such order
has been eliminated; however, this right oC OWNER to stop
the Wock shall not give rise to any duty on the part of OWNER
to exercise this right for the benefit of CONTRACTOR or
any other party.
Correctian or Removal oJDefective {S'ork:
13.11. If required by ENGINEER, CONTRACTOR shall
promptly, as directed, either correct all defectii-e Work,
whether or not fabricated, installed or completed, or, if the
Work has been rejected by ENGINEER, remove it from the
site and replace it with nondefectit•e Work. CONTRACTOR
shall bear all direct, indirect and consequential costs of such
correction or removal (including but not limited to fees and
charges of engineers, architects, attorneys and other profes-
sionals) made necessary thereby.
One Year Correelion Period:
13.12. If within ooe year after the date of Substantial
Completion or such tonger period of time as may be pre-
scribed by Laws or Regulations or by the terms of any appli-
cable special guarantee required by the Contract Documents
or by any specific provision of the Contract Documents, any
Work is found to be defective. CONTRACTOR shall promptty,
without cost to OWNER and in accordance with OWNER's
written instructions, either correct such defective Work, or,
if it has been cejected by OWNER, remove it from the site
and replace it with nondefecrii-e Work. If CONTRACTOR
does not promptly comply with the terms of such instcuctions,
or in an emergency where delay would cause serious risk of
loss or damage. OWNER may have the dejective Work cor-
rected or the rejected Work removed and replaced, and all
direct, indicect and consequential costs of such removal and
replacement (including but not limited to fees and charges of
engineers, architects, attorneys and other professionals) will,
be paid by CONTRACTOR. In special circumstances where '
a particular item of equipment is p(aced in continuous service
before Substantial Comp(etion of all the Work, the correction
period for that item may staR to run from an earlier date if
so provided in the Specifications or by Written Amendment.
Acceplaace ojDejeclive Work:
13.13. IC, instead of requiring corcection or removat and
rcplacement of defectit-e Work. OWNER (and. prior to
ENGINEER's recommendation oC final paymcnt, also
ENG1N EER) prcCers to acccpt it. OWNER maydo so. CON-
TRACI'OR shall bear all direct, indirect and consequential
53.
costs attributablc tu OWNER's evaltrstion oC and dctcrmi-
nation to acccpt such dcjecrivc 1Vork (such costs to bc approvcd
by ENGINEER as to rcasonablcncss and to include buc not
bc limited to fees and charges of engineers, architects, attor-
neys and other professionals). If any such acceptance occurs
prior to ENGINEER's recommendation of finai pa}•ment, a
Change Order will be issued incorporating the necessary revi-
sions in the Contract Documents with respect to the «'ork;
and OWNER shal( be entitled to an appropriate decrease in
the Contract Price, and, if the parties are unable to agree as
to the amount thereof, OWNER may make a claim therefor
as provided in Article 11. If the acceptance occurs after such
Af2TICLE 14-PAYN4ENTS TO CONTRACTOR AND
coMPLerioN
Schedule oJ Valrces:
14.1. The schcdule of values established as provided in
paragraph 2.9 will servc as the basis for pcogress payments
and will be incorporatcd into a form of Application for Pay-
ment acceptable to ENGINEER. Progress paymcnts on
account of Unit Price Work wiil be based on the numbcr of
units completed.
recommendation, an appropriate amount wilt be paid by ApplicalionjorProgressPayment:
CONTRACTOR to OWNER.
OWNER Aiay Correct Defective Work:
13.14. If CONTRACTOR fails within a reasonable time
after written notice of ENGINEER to proceed to correct and
to correct defecrive Work or to remove and replace rejected
Work as required by ENGINEER in accordance with para-
graph 13.11, or if CONTRACTOR fails to perform the Work
in accordance with the Contract Documents, or if CON-
TRACTOR fails to comply with any other provision of the
Contract Documents, OWNER may, after seven days' writ-
ten notice to CONTRACT'OR, correct and remedy any such
deficiency. In exercising the rights and remedies under this
paragraph OWNER shall proceed expeditiously. To the extent
necessary to complete correcdve and remedial action, OWNER
may exclude CONTRACTOR from aIl or part of the site, take
possession of all or part of the Work; and suspend CON-
TRACT'OR's services related thereto, take possession of
CONTRACT'OR's tools, appliances, construction equipment
and machinery at the site and incorporate in the Work ali
materials and equipmcnt stored at the site or forwhich OWNER
has paid CONTRACTOR but which are stored elsewhere.
CONTRACTOR shall aIlow OWNER, OWNER's represen-
tatives, agents and employees such access to the site as may
be necessary to enable OWNER to exercise the rights and
remedies under this paragraph. All direct, indirect and con-
sequential costs of OWNER in exercising such rights and
remedies will be charged against CONTRACTOR in an amouni
approved as to reasonableness by ENGINEER, and a Change
Order will be issued incorporating the necessary revisions in
the Contract Documents with respect to the Work; and
OWNER shall be entitled to an appropriate decrease in the
Contract Pcice, and, if the parties are unable to agree as to
the amount thereof. OWNER may make a ciaim therefor as
provided in Artic(e 11. Such direct, indirect and consequen-
tial costs will inctude but not be limited to fees and charges
of engineers, architects, attorneys ar►d other professionals,
all courc and arbitration costs and all costs of repair and
replacement of work of others destroyed or damaged by
correction, removal or ceplacement of CONTRACTOR's
dejective Work. CONTRACTOR shall not bc allowed an
extension of the Contract Time because of any detay in pcr-
formance of ihe Wock attributable to the exercise by OWNER
of OWNER's rights and remedies hereunder.
14.2. At least twenty days before each progress payment
is scheduled (but not inore often than once a month), CON-
TRACTOR shall submit to ENGINEER for review an Appli-
cation for Payment filled out and signed by CONTRACTOR
covering the Work completed as of the date of the Application
and accompanied by such supporting documentation as is
required by the Contract Documents. If payment is requested
on the basis of materials 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 accompanied by a bill of sale, invoice
or other documentation warranting that OWNER has received
the materials and equipment free and c(ear of all liens, charges,
security interests and encumbrances (which are hereinafter
in these General Conditions referred to as "Liens") and
evidence that the materials and equipment are covered by
appropriate property insurance and other arrangements to
protect OWNER's interest therein, all of which will be sat-
isfactory to OWNER. The amount of retainage with respect
to progress payments will be as stipuiated in the Agreemeat.
CONTRACTOR's Warrarcty ajTitle:
14.3. CONTRACTOR warrants and guarantees that title
to all Work, materials and equipment covered by any Appli-
cation for Payment, whether incorporated in the Project or
not, will pass to OWNER no later chan the time of payment
free and clear of all Liens.
Review of Applicalions jor Progress PaymeRt:
14.4. ENGINEER will, within ten days after receipt of
each Application for Payment, either indicate in writing a
recommendation of payment and present the Application to
OWNER, or return the Application to CONTRACTOR indi-
cating in writing ENGINEER's reasons for refusing to rec-
ommend payment. In the latter case, CONTRACTOR may
make the necessary corrections and resubmit the Applica-
tion. Ten days aCter presentation of the Application for Pay-
ment with ENGINEER's recommendation, Lhe amount rec-
ommended will (subject to the provisions of the [ast sentence
of paragraph 14.7) become due and when due wilt be paid by
OWNER to CONTRACTOR.
14.5. ENGINEER's recommendation of any payment
requested in an Apptication for Payrtent witl constitute a
54
e-
~
!I
.
representaiion by ENGINEI:R cu OwNL• h. ha,cd cm ENGI-
NFER's on-sitc obscrrations uf the \Vork in prugrexs as an
expcricnced and yualificd dcsign rrufessional and on GNGI•
1`E[R's rcvicw of the Application tor Yaymcnt and thc
accompam•ing data and schcdulcs that the Work has pro-
gressed to the point indicated: that, to thc bcst of ENGI=
NEER's knowlcdce, information and bclicf, thc quzility of
the 1Vork is in accordance vvith the Contract Documents
(sub;ect to an evaluation of the Work as a Cunctioninc wholc
pi•ior to or upon Substan(ial Complction, to thc results of any
subsequent tests called for in the Contract Documents, to a
final determination of quantities and classifications for Unit
Price Nork under paragraph 9.10, and to any other qualifi-
cations stated in the recommendation); and that CONTRAC-
TOR is entitled to payment of the amount recommended.
However, by recommending any such paymcnt ENGINEER
wi(I not thereby be deemed to have represented that exhaus-
tive or continuous on-site inspections have been made to
check the quality or the quantity of the Work beyond the
responsibilities specifically assigrted to ENGINEER in the
Contract Documents or that there may not be other matters
or issues between the pacties that might entitle CONTRAC-
TOR to be paid additionally by OWNER or OWNER to
withhold payment to CONTRACTOR.
14.6. ENGIhEER's recommendation of final payment
will constitute an additional representation by ENGINEER
to OWNER that the conditions precedent to CONT'RAC-
TOR's being entitled to final payment as set forth in paragraph
14.13 have been fulfilled.
14.7. ENGINEER may refuse to recommend the whole
or any part of any payment if, in ENGINEER's opinion, it
would be incorrect to make such representations to OWNER.
ENG[NEER may also refuse to recommend any such pay-
ment, or, because of subsequently discovered evidence or
the resutts of subsequent inspections ortests, nullify any such
payment previously recommended, to such extent as may be
necessary in ENGINEER's opinion to protect OWNER from
loss because:
14.7.1. the Work is dejecriti•e, or completed Work has
been damaged requiring correction or replacement.
14.7.2. the Contract Price has been reduced by Writ-
ten Amendment or Change Order,
14.7.3. OWNER has been required to eorrect defec-
tive Work orcomplete Work in accordance with paragraph
13.14, or
14.7.4, of ENGINEER's actual knowlcdgc oC the
occurrence oCany of the events enumerated in paragraphs
15.2.1 through 15.2.9 inclusive.
OWNER may reCuse to make payment of the Cull amount
recommendcd by ENGINEER because claims have bcen
made against OWNER on account oCCONTRACTOR's pcr-
formance or furnishing o( the Work or Liens have becn filed
in connection with the Work or therc arc othcr items entitling
55
U\VNEK to a set-uff against thc amount rccommended. but
OWNGR ntust civc CONI'RAC"rOk imm«iiatc %rri+.te;t noticc
(wi[h a cor)y tu I~NGlNEERI statiniz the rcasom Ibr sttch
actiun.
Stths(an(ictl Couiplc(ioa:
14.8. When CONTKACTOR considcrs the cntire VVork
ready Cor its imcndcd usc CON1'RAC'fOK shall notiCy
O«'NER and ENGINEER in writing that the cntirc Work is
substantially completc (cxcept for items spccifically listed by
CONTRACTOR as incomplete) and requect that ENG(-
NEER issue a ccrtificatc oCSuhstantial Contplction. Within
a reasonable time thcreaRer, OWNER. CON"CRACTOR and
ENGINEER shall make an inspection of the Work to deter-
mine the status of completion. if ENGINEER does not con-
sider the Work substantially completz, ENG[NcER wi(I notify
CONTRACTOR in writing giving the reasons therefor. [f
ENGINEER considers the Work substantial(y comp(ete.
ENGINEER wiU prepare and deliver to OWNER a tentative
certificate of Substantiat Completion which shall fix the date
of Substantial Completion. There shali be attached to the
certificate a tentative list of items to be comp(cted or cor-
rected before final payment. OWNER shall have seven days
after receipt of the tentative cenificate during which to make
written objection to ENGINEER as to any provisions of the
certificate or attached list. If, after considering such objec-
tions, ENGINEER conc(udes that the Work is not substan-
tially complete. ENGINEER will within fourteen days after
submission of the tentative certificate to OWNER notify
CONTRACTOR in writing, stating the reasons therefor. !f,
after consideration of OWNER's objections, ENGINEER
considers the Work substantialty complete. ENGiNEER witl
within said fourteen days execute and deliver to OWNER
and CONTRACTOR a definitive certificate of Substantial
Completion (with a revised tentative list of items to be com-
pleted orcorrected) reftecting such changes from the tentative
certificate as ENGINEER believes justified after consider-
ation of any objections from OWN ER. At the time of delivery
of the tentative certificate of Substar,tial Completion ENGI-
NEER wilt detiverto OWNER and CONTRACTOR a written
recommendation as to division of responsibilities pending
final payment between OWNER aad CONTRACTOR with
respect to security, operation, safety, maintenance, heat,
utilities, insurance and warranties. Unless OWNER and
CONTRACTOR agree othetwise in writing and so inform
ENGINEER prior to ENG[NEER's issuing the definitive certificate of Substantial Completion, ENGINEER's aCoce-
said recommendation witl be binding on OWNER and CON-
TRACTOR until final payment.
14.9. OWNER shall have the right to exclude CON-
TRAGTOR from the Work aCter the datc of Substantial Com-
pletion, but OWNER shall allow CONTRACT'OR reasonable
access to complete or correct items on the tentativc list.
Parlia! U[ifiza(ion:
14.10. Usc by OWNER oCany finishcd paR of thc Work,
which has spccifically bccn idcntificd in the Concract Docu-
ments, or which OWNEF, ENGINEgR and CONTRAC-
TOR agree constitutes a separately functioning and useabic
part of the Work that can be used by OV1'NER witliout sig-
nificant interference with CONTRACTOR's performance of
the remainder of the Work, may be accomplishcd prior to
Substantial Completion of all the Work subject to the fol(ow-
ing:
14.10.1. OWNER at any time may request CON-
TRACTOR in writing to permit OWNER to use any such
part of the VYork which OWNER believes to be ready for
its intended use and substantially complete. If CON-
TRAC'TOR agrees, CONTRACTOR will certify to OWNER
and ENGINEER that said part of the Work is substantialiy
complete and request ENGINEER to issue a certificate of
Substantial Completion for that part of the Work. CON-
TRACTOR at any time may notify OWNER and ENGI-
NEER in writing that CONTRACTOR considers any such
part of the Work ready for its intended use and substan-
tial(y complete and request ENGINEER to issue a certif-
icate of Substantial Completion for that part of the Work.
Within a reasonable time aftereither such request, OWNER,
CONTRACTOR and ENGINEER shall make an inspec-
tion of that part of the Work to determine its status of
completion. If ENGINEER does not consider that part of
the Work to be substantia(ly complete, ENGINEER will
notify OWNER and CONTRACTOR in writing giving the
reasons therefor. If ENGINEER considers that part of the
Work to be substantially complete, the provisions of para-
graphs 14.8 and 14.9 will apply with respect to certification
of Substantial Completion of that part of the Work and the
division of responsibitity in respect thereof and access
thereto.
14.10.2. OWNER may at any time request CbN-
TRACTOR in wri[ing to permit OWNER to take over
operation of any such part of the Work although it is not
substantially complete. A copy of such request will be
sent to ENGINEER and within a reasonable time there-
after OWNER, CONTRACTOR and ENGINEER shall
make an inspection of that part of the Work to determine
its status of completion and will prepare a list of the items
remaining to be completed or corrected thereon before
final payment. If CONTRACTOR does not object in writ-
ing to OWNER and ENGINEER that such part of the
Work is not ready for separate oporation by OWNER,
ENGINEER witl finalize the list of items to be completed
or cocrected and will deliver such list to OWNER•and
CONTRACTOR together with a written recommendation
as to the division of responsibilities pending final payment
between OWNER and CONTRACTOR with respect to
secucity, operation, safety, maintenance, utilities, insur-
ance, warrar►ties and guarantees for that part of the Work
which will become binding upon OWNER and CON-
TRACTOR at the time when OWNER takes over such
operation (unless they shall have otherwise agreed in writ-
ing and so inCoRned ENGtNEER). During such operation
and prior to Substantia! Completion oC such part of thc
Work, OWNER shall allow CONTRACTOR reasonable
access to complete or correct items on said list and to
comp(ete other relatcd Work.
14.10.3. No occupancy or separate opcration of part
of thc \Vork will be accomplished prior to compliar,cc with
the rcquircmcnts of paragraph 5.15 in respcct oC propcc-ty
insurance.
Finatlnspec[ion:
14.11. Upon written notice from CONTRACTOR that the
entire Work or an agreed portion thereof is complete, ENGI-
NEER will make a final inspection with OWNER and CON-
TRACT'OR and will notify CONTRACTOR in writing of all
paRiculars in which this inspection reveals that the Work is
incomplete or defective. CONTRACTOR shall immediately
take such measures as are necessary to remedy such defi-
ciencies.
Final App[icalion jor Payment:
14.12. After CONTRACTOR has completed aIl such cor-
rections to the satisfaction of ENGINEER and delivered a(t
maintenance aod operating instructions, schedules, guaran-
tees, Bonds, certificates of inspection, marked-up record
documents (as provided in paragraph 6.19) and other docu-
ments-all as required by the Contract Documents, and after
ENGINEER has indicated that the Work is acceptable (sub-
ject to the provisions of paragraph 14.16), CONTRACTOR
may make application for final payment following the pro-
cedure for progress payments. The final Application for Pay-
ment shall be accompanied by all documentation called for
in the Contract Documents, together with comptete and legaliy
effective releases or waivers (satisfactory to OWNER) of all
Liens arising out of or filed in connection with the Work: In
lieu thereof and as approved by OWNER, CONTRACTOR
may furnish receipts or releases in fuU; an affidavit of CON-
TRACTOR that the reteases and receipts include atl labor,
services, material and equipment for which a Lien could be
filed, and that all payrolls, material and equipment bills, and
other indebtedness connected with the Work for which
OWNER or O WNER's property might in any way be respon-
sible, have been paid or otherwise satisfied; and consent of
the surety, if any, to final payment. If any Subcontractor or
Supplier fails to furnish a release or receipt in full. CON-
TRACTOR may furnish a Bond or other collateral satisfac-
tory to OWNER to indemnify OWNER against any Lien.
FiRa! Paymen[ and Accepcance:
14.13. If. on the basis of ENGINEER's observation of
the Work during constcuction and final inspection, and
ENGINEER's review of the fina( Application for Payment
and accompanying documentation-all as required by the
Contract Documents, ENGINEER is satisfied that the Work
has been eompleted and CONTRACT'OR's other obligations
under the Contract Documents have been fulfilted, ENG!-
NEER will, within ten days after receipt of the fina! Appli-
cation Cor Payment, indicate in wciting ENGINEER's rec-
ommendation of payment and present the Application to
OWNER for payment. Thereupon ENGINEER will give
written notice to OWNER and CONTRAGTOR that the Work
is acceptable subject to the provisions of paragraph 14.16.
56
4
Uthenvisc, ENG1tJEER will rctuAn thc Application to CON-
TRACTOR, indicating in writing the rc:tsons Cor rcCusing to
recommend final payment, in which casc CONTRAC"fOR
shall make the necessary corrections and resubmit the Appli-
cation. Thirty days after prescntation to OWNER of tfie
Application and accompanying documentation, in appropri-
ate Corm and substancc, and with ENGINEER's rccommcn-
dation and notice of acceptability, the amount recommended
by ENGINEER witl become due and will be paid by OWN ER
to CONTRACTOR.
14.14. If, through no fault of CONT'RACTOR, final com-
pietion of the Work is significantly delayed and if ENGI-
NEER so confirms, OWNER shall, upon receipt of CON-
TRACI'OR's final Application for Payment and recommen-
dation of ENGINEER, and without terminating the Agree-
ment, make payment of the balance due for that poRion of
the Work fully completed and accepted. If the remaining
balance to be held by OWNER for Work not fully completed
or corrected is less than the retainage stipulated in the Agree-
ment, and if Bonds have been furnished as required in para-
graph 5.1, the written consent of the surety to the payment
of the balance due for that portion of the Work fully com-
pleted and accepted shall be submitted by CONTRACTOR
to ENGINEER with the Apptication for such payment. Such
payment shall be made under the terms and conditions gov-
erning final payment, except that it shall not constitute a
waiver of claims.
Conlraclor's Corttinuing Obligation:
14.15. CONTRACTOR's obligation to perform and com-
plete the Work in accordance with the Contract Documents
shall be absolute. Nei[her recommendation of any progress
or fina( payment by ENGINEER, nor the issuance of a cer-
tificate of Substantial Completion, nor any payment by
OWNER to CONTRACTOR under the Contract Documents,
nor any use or occupancy of the Work or any paR thereof by
OWNER, nor any act of acceptance by OWNER nor any
failure to do so, nor any review and approvai of a Shop
Dcawing or sample submission, nor the issuance of a notice
of acceptability by ENGINEER pursuant to pangraph 14.13,
nor any correction of defective Work by OWNER will con-
stitute an acceptance of Work not in accordance with the
Contract Documents or a release of CONTRACTOR's obli-
gation to perform the Work in accordance with the Contract
Documents (except as provided in paragraph 14.16).
lVaiver ojClaims:
* 14.16. The making and acceptance of 6nal payment will
constitute:
14.16.1. a waiver of all ctaims by OWNER against
CONTRACT'OR, except claims arising Crom unsettled
Liens, from dejective Work appearing aCter final inspec-
tion pursuant to paragraph 14.11 or from failure to comply
with the Contract Documents or the terms of any special
guarantees specified theceia; however, it will not consti-
tute a waiver by OWNER of any rights in respcct of
*See SupplementarX Conditions
CONTRACTOR's continuing obligations undcr the Con-
cract Documcnts; and
14.16.2. awaivcr of ail claims by CONTRACTOR
against OWNER other than thosc prcviousiy made in writ-
ing and still unsettled.
ART[CLE IS-SUSPENSION OF WORK AND
TERMINATION
O µ•ner hlay Suspetrd IVork:
15.1. OWNER may, at any time and without cause, sus-
pend the Work or any portion thereof for a period of not more
than ninety days by notice in writing to CONT'RACTOR and
ENGINEER which will fix the date on which Work will be
resumed. CONTRACTOR shatl resume the Work on the date
so fixed. CONTRACfOR shall be allowed an increase in the
Contcact Price or an extension of the Contract Time, or both,
directly attributable to any suspension if CONTRACTOR
makes an approved claim therefor as provided in Articles 11
and 12.
Owner May Terminale:
15.2. Upon the occurrence of any one or more of the
following events:
15.2.1. if CONTRACTOR commences a voluntary case
under any chapter of the Banl:ruptcy Code (I'ide 11, United
States Code), as now or hereafter in effect, oc if CO"N-
TRACTOR takes any equivalent or similar action-by filing
a petition or otherwise under any other federal or state
law in effect at such time relating to the bankruptcy or
insolvency;
15.2.2. if a petition is filed against CONTRACTOR
under any chapter of the Bankruptcy Code as now or
hereafter in effect at the time of filing, or if a petition is
fited seeking any such equivalent or similar relief against
CONTRACTOR under any other federal or state faw in
effect at the time relating to bankruptcy or insotvency;
I5.23. if CONTRACTOR makes a general assignment
for the benefit of creditors; ,
15.2.4. if a tcustee. receiver, custodian or agent of
CONTRACTOR is appointed under applicable law oc under
contract, whose appointment or authocity to take charge
of property of CONTRACTOR is for the purpose of
enforcing a Lien against such propeKy or for the purpose
of general administration of such propecty for the benefit
of CONTRACTOR's creditors;
15.2.5. iC CONTRACCOR admits in writing an inabil-
ity to pay its dcbts generally as they become due;
15.2.6. iCCONTRACTOR persistently Cails to perCocm
thc Work in accordancc with the Contract Documents
57
(including, but not limitcd to, failurc to supply sufficicnt
skilled workers or suitabic materials or equipmcnt or
failure to adhere to the progress schcdule establishcd under
paragraph 2.9 as reviscd from timc to timc);
15.2.7. if CONTRACTOR disregards Laws or Regu-
lations of any public body having jurisdiction;
15.2.8. if CONTRACTOR disregards thc authority oC
ENGINEER; or
15.2.9. if CONTRACTOR otherwise violates in any
substantial way any provisions of the Contract Docu-
ments;
OWNER may, after giving CONTRACTOR (and the surety,
if there be one) seven days' written notice and to the extent
permitted by Laws and Regulations, terminate the services
of CONTRACTOR, exclude CONTRACTOR from the site
and take possession of the Work and of all CONTRAGTOR's
tools, appliances, construction equipment and machinery at
the site and use the same to the fuil extent they could be used
by CONTRACTOR (without liability to CONTRACTOR for
uespass orconversion), incorporate in the Work all materials
and equipment stored at the site or for which OWNER has
paid CONTRACTOR but which are stored elsewhere, and
finish the Work as OWNER may deem expedient. In such
case CONTRACTOR shaIl not be entitled to receive any
further payment until the Work is finished. If the unpaid
balance of the Contract Price exceeds the direct, indirect and
consequential costs of completing the Work (including but
not limited to fees and charges of engineers, architects, attor-
neys and other professionals and court and arbitration costs)
such excess will be paid to CONTRAC'TOR. If such costs
exceed such unpaid balance, CONTRACTOR sha(1 pay the
difference to OWNER. Such costs incurred by OWNER will
be approved as to reasonableness by ENGINEER and incor-
porated in a Change Order, but when exercising any rights
or remedies under this paragraph OWNER shall not be required
to obtain the lowest price for the Work perfocmed.
15.3. «'hcre CONTRACTOR's serviccs have bcen so
terminated by OWNER, the tcrmination will not afCecc any
riFhts or remedies oCOWNER against CONTRACTOR then
existing or which may thereafter accrue. Any retention or
payment of moneys due CONTRACTOR by OWNER wi(I
not release CONTRACTOR from liability.
15.4. Upon seven days' written notice to CONTRAC-
TOR and ENGINEER, OWNER may, without cause and
without prejudice to any other right or remedy, elect to aban-
don the Work and terminate the Agreement. In such case,
CONTRACTOR shall be paid for all Nork executed and any
expense sustained plus reasonable termination expenses, which
will include, but not be (imited to, direct, indirect and con-
scquential costs (including, but not limited to, fees and charges
of engineers, architects, attorneys and other professionals
and courc and arbi[ration costs).
Conlractor 111ay Stop Work or Terminale:
15.5. If, through no act or fault of CONTRACT'OR, the
Work is suspended for a period of more than ninety days by
OWNER or under an order of court or other public authority,
or ENGINEER fails to act on any Application for Payment
within thirty days af[er it is submitted, or OWNER fails for
thiRy days to pay CONTRACTOR any sum finaliy deter-
mined to be due, then CONTRACTOR may, upon seven
days' written notice to OWNER and ENGINEER, terminate
the Agreement and recover from OWNER payment for all
Work executed and any expense sustained plus reasonable
termination expenses. In addition and in lieu of terminating
the Agreement, if ENGINEER has fai(ed to act on an Appti-
cation for Payment or OWNER has fai(ed to make any pay-
ment as aforesaid, CONTRACTOR may upon seven.days'
written notice to OWNER and ENGINEER stop the Work
until payment of al( amounts then due. The provisions of this
paragraph shall not relieve CONTRACTOR of the obligations
under paragraph 6.29 to carry on the Work in accordance
with the progress schedule and without delay during disputes
and disagreements with OWNER.
Article 16 deleted and page omitted intentionally.
[The remainder of this page was left blank intentionally.]
58
2
~
ARTlCLE I7-M1SC6LLANGOU41
Giring A'ocicc:
17,1. 1Vhcncvcr any provision of the Contract Docu-
ments rzquires thc giving of written noticc, it will be dcc;mcd
to havc becn validly given iC detivered in pcrson to the indi-
vidual or to x mcmber of the firm or to an oCficer of thc
corporation for whom it is intended, or if delivercd at or sent
by registered or cectified mail, postage prepaid, to the last
business address known to the giver of the notice.
Compu[alion of Time:
17,2,1, Whcn any period of time is referred to in the
Contract Documents by days, it wili be computed to eaclude
the first and include the last day of such period. If the last
day of aay such period falls on a Saturday or Sunday or
on a day madc a legal holiday by the law of the applicable
jurisdiction, such day will be omitted from the computa-
tion.
17,2,2. A calendar day of twenty-four hours measured
from midnight to the next midnight shall constitute a day.
General:
17.3. Should ONNER or CONTRACTOR suffer injury
or damage to pcrson or property because of any error, omis-
sion ur act of thc othcr party or uf any of thC olhcr party's
employees ur aCCnts or olhers for whosc acts the other p,irty
is Icgally liablc, claim will:bc made in writinc to tnc othcr
party %vithin a rcasoaablc timc of thc first obscrvancc uf such
injury ordamage. The provisions o(tliis paragriph 17.3 shall
not bc construcd as a substitutc for or a«-aivcr of thc pro-
visions of any applicable statute of limit:itions or repose.
17.4. Thc dutics and obligations imposcci by thcsc Gcn-
cral Conditions and the rights and remedies availablc herc-
under to the parties hereto, and, in particular but without
limitation, the warcanties, guarantees and obligations imposed
upon CONTRACTOR by paragraphs 6.30,13.1.13.12.13.14,
14.3 and 15.2 and all of the rights and remedies available to
OWNER and ENGINEER thereunder, are in addition to,
and are not to be construcd in any way as a limitation of, any
rights and remedies available to any or all of them which are
othenvise imposed or available by Laws or Regulations, by
special warranty or guarantee or by other provisions of the
Contract Documents, and the provisions of this paragraph
will be as effective as if repeated specifically in the Contract
Documents in connection with each particutar duty, obliga-
tion, right and remedy to which they apply. All representa-
tions, warranties and guarantees made in the Contract Doo-
uments will survive final payment and termination or com-
pletion of the Agreement.
59
S UPP EMENTARY
CONDIET-YONS
SUPPLEMENTARY CONDITIONS
Supplementary Conditions
These Supplementary Conditions amend or supplement the
Standard General Conditions of the Construction Contract
and other provisions of the Contract Documents indicated
below. Al1 provisions which are not so amended or
supplemented remain in full force and effect.
60
SC 1 DEFINED TERM.S
The ternas used in these Supplementary Conditions which are
defined in the Standard General Conditions of the
Construction Contract have the meanings assigned to them
in the General Conditions.
SC 2.3
Amend the last sentence of paragraph 2.3 of the General
Conditions to read as follows:
"In no event will the Contract Time commence to run later than
the eighty-fifth day (85th) after the day of Bid opening
or the thirtieth day (30th) after the Effective Date of
the Agreement, whichever date is earlier."
and as so amended paragraph 2.3 remains in effect.
SC 3.2
Add the following language at the end of paragraph 3.2 of the
General Conditions:
"Should there be any conflict between the provisions of the
Contract Documents and any such referenced provisions of
any standard specification, manual or code, the Contract Documents will take precedence.
SC 4.2.1
Add the following language at the end of paragraph 4.2.1 of
the General Conditions:
"No subsurface reports of exploration and tests of subsurface
conditions at the site have been utilized by the ENGINEER
in preparation of the Contract Documents."
SC 5.1
Add the following language at the end of paragraph 5.1 of the .
General Conditions:
"The form for Construction Performance Bond and Construction
Payment Bond are set forth herein."
SC 5.3
The Limits of liability for the insurance required by
paragraph 5.3 of the General Conditions shall provide
coverage for not less than the following amounts or
grater where required by Laws and Regulations: 61
(1) State: Statutory
(2) Applicable Federal
(e.g. Longshoreman's): Statutory
(3) Employers's Liability: $100,000
5.3.3, 5.3.4, 5.3.5, and 5.3.6. Comprehensive General Liability
(under paragraphs 5.3.3 through 5.3.6 of the General Conditions):
(1) Bodily Injury (including completed operations and
products liability):
$250,000 Each Occurrence
$500,000 _Annual Aggregate
Property Damage:
$100,000 Each Occurrence
$100,000 Annual Aggregate
or a combined single limit of $500,000
(2) Property Damage liability insurance will provide
Egplosion, Collapse and Underground coverages where
applicable.
(3) Personal Injury, with employment exclusion deleted
$500,000 Annual Aggregate
5.3.7 Comprehensive Automobile Liability:
Bodily Injury:
$250,000
$500,000
Property Damage:
$100,000
or combined single li.mit of
SC 5.4
Each Person
Each Occurrence
Each Occurrence
$500,000
The Contractual Liability required by paragraph 5.4 of the
General Conditions shall provide coverage for not less
than the following amounts:
5.4.1 Bodily Injury
$250.000 Each Occurrence
5.4.2 Property Damage:
$100,000 Each Occurrence
$500,000 Annual Aggregate
62
SC 5.7
Delete paragraph 5.7 of the General Conditions in its entirety
and insert the following in its place:
"Neither the CONTRACTOR nor the OWNER is required to purchase
and maintain boiler and machinery insurance for this project."
SC 6.3
Amend the first sentence of paragraph 6.3 of the General
Conditions to read as follows:
"The OWNER shall provide competent, suitably qualified
personnel to survey and layout the Work by providing such
alignment and grade stakes as may reasonably be required.
The CONTRACTOR shall provide competent, suitably
qualified personnel to perform construction as required
by the Contract Documents."
Add the following sentence at the end of paragraph 6.3 to read
as follows:
"The CONTRACTOR shall reimburse the OWNER for any overtime
compensation required to be made to inspectors due to
CONTRACTOR's working hours before or after 8 a.m. to 5 p.m.
SC 6.9
Add the following language at the end of paragraph 6.9 of the
General Conditions:
"If requested, the OWNER or ENGINEER may furnish to any such
Subcontractor, Supplier or other person or organization,
to the extent practicable, evidence of amount paid to
CONTRACTOR in accordance with CONTRACTOR's Applications
for Payment."
SC 6.13
Add the following language at the end of paragraph 6.13 of the ,
General Conditions:
"The OWNER will obtain any permits required from the Texas
Department of Highways and Public Transportation."
SC 6.15
Add the following language to the end of paragraph 6.15 of the
General Conditions:
63
"OWNER is exempt from taxes under Chapter 20, Title 122A,
Revised Civil Statutes of Texas to be incorporated in the Work
(exemption No. 75-6000635). Said taxes shall not be included in
the Contract Price.
SC 9.3
Delete paragraph 9.3 of the General Conditions and insert the
following in its place:
INSPECTION BY CITY PERSONNEL
ENGINEER shall furnish assistants and other" field staff to
assist ENGINEER in observing performance of the Work of the
CONTRACTOR.
Through more extensive on-site observations of the Work in
progress and field check of materials and equipment by the RPR
(resident project representative) and assistants, ENGINEER shall
endeavor to provide further protection for OWNER against defects
and deficiencies in the Work; but, the furnishing of such services
will not make ENGINEER responsible for or give ENGINEER control
over construction means, methods, techniques, sequences or
procedures or for safety precautions or programs, or responsibility
for CONTRACTOR's failure to perform the Work in accordance with the
Contract Documents.
The duties and responsibilities of the RPR are limited and
described as follows:
A. General
RPR is ENGINEER's agent at the site, will act as directed by
and under the supervision of ENGINEER, and will confer with
ENGINEER regarding RPR's actions. RPR's dealings in matters
pertaining to the on-site work shall in general be with ENGINEER
and CONTRACTOR keeping OWNER advised as necessary. RPR's dealings
with subcontractors shall only be through or with the full
knowledge and approval of CONTR.ACTOR.
B. Duties and Responsibilities of RPR
1. Schedules: Review the progress schedule, schedule of
Shop Drawing submittals and schedule of values prepared
by CONTRACTOR and consult with ENGINEER concerning
acceptability.
2. Conferences and Meetings: Attend meetings with
CONTRACTOR, such as preconstruction conferences, progress
meetings, job conferences and other projected meetings,
and circulate copies of minutes thereof.
64
3. Liaison:
a. Serve as ENGINEER's liaison with CONTRACTOR,
working principally through CONTRACTOR's
superintendent and assist in understanding the
intent of the Contract Documents; and assist
ENGINEER in serving OWNER's liaison with CONTR.ACTOR
when CONTRACTOR's operations affect OWNER's on-site
operations.
b. Assist in obtaining form OWNER additional details
or information, when required for proper execution
of the Work.
4. Shop Drawings and Samples:
a. Record date of receipt of Shop Drawings and Satrples.
b. Receive samples which are furnished at the site by
CONTRACTOR, and notify ENGINEER of availability of
samples for examination.
c. Advise ENGINEER and CONTR.ACTOR of the commencement
of any Work requiring a Shop Drawing or sample if
the submittal has not been approved by ENGINEER.
5. Review of Work, Rejection of Defective Work, Inspections
and Tests:
a. Conduct on-site observations of the Work in progress
to assist ENGINEER in determining if the Work is in
general proceeding in accordance with the Contract
Documents.
b. Report to ENGINEER whenever RPR believes that any
Work is unsatisfactory, faulty or defective or does
not conform to the Contract Documents, or has been
damaged, or does not meet the requirements of any
inspection, tests or approval required to be made;
and advise ENGINEER of Work that RRR believes should
be corrected or rejected or should be uncovered for •
observation, or requires special resting, inspection
or approval.
c. Verify that tests, equipment and systems startups
and operating an maintenance training are conducted
in the presence of appropriate personnel, and that
CONTRACTOR maintains adequate records thereof; and
observe, record and report to ENGINEER appropriate
details relative to the test procedures and
startups.
65
d. Accompany visiting inspectors representing public
or other agencies having jurisdiction over
the Project, record the results of these inspection
sand report to ENGINEER.
6. Interpretation of Contract Documents: Report to ENGINEER
when clarifications and interpretations of the Contract
Documents are needed and transmit to CONTRACTOR
clarifications and interpretations as issued by ENGINEER.
7. Modifications: Consider and evaluate CONTRACTOR
suggestions for modifications in Drawings or
Specifications and report with RPR's recommendations to
ENGINEER. Transmit to CONTRACTOR decisions as issued by
ENGINEER.
8. Records:
a. Keep a diary or log book, recording CONTRACTOR hours
on the job site, weather conditions, data relative
to question of Work Directive Changes, Change Orders
or changed conditions, list of job site visitors,
daily activities, decisions, observations in
general, and specific observations in more detail
as in the case of observing test procedures; and
send copies to ENGINEER.
b. Record names, addresses and telephone numbers of all
CONTRACTOR, subcontractors and major suppliers of
materials and equipment.
9. Reports:
a. Furnish ENGINEER periodic reports as required of
progress of Work and of CONTR.ACTOR's compliance with
the progress schedule and schedule of Shop Drawing
and sample submittals.
b. Consult with ENGINEER in advance of scheduled major
test, inspections or start of important phases-of
the Work. .
c. Draft proposed Change Orders and Work Directive
Changes, obtaining backup material from CONTRACTOR
and recommend to ENGINEER Change Orders, Work
Directive Changes, and Field Orders.
d. Report immediately to ENGINEER and OWNER upon the
occurrence of any accident.
66
10. Payment Requests: Review applications for payment with
CONTRACTOR for compliance with the established procedure
for their submission and forward with recommendations to
ENGINEER, noting particularly the relationship of the
payment requested to the schedule of values, Work
completed and materials and equipment delivered at the
site but not incorporated in the Work.
11. Certificates, Maintenance and Operation Manuals: During
the course of the Work, verify that certificates,
maintenance and operation mariuals and other data required
to be assembled and furnished by CONTRACTOR are
applicable to the items actually installed and in
accordance with the Contract Documents, and have this
material delivered to ENGINEER for review and forwarding
to OWNER prior to final payment for the Work.
12. Completion:
a. Before ENGINEER issues a Certificate of Substantial
Completion, submit to CONTRACTOR a list of observed
items requiring completion or correction.
b. Conduct final inspection in the company of ENGINEER,
OWNER and CONTRACTOR and prepare a final list of
items to be completed or corrected.
c. Observe that all items on final list have been
completed or corrected and make recommendation to
ENGINEER concerning acceptance.
C. Limitations of Authority
Resident Project Representative:
1. Shall not authorize any deviation from the Contract
Documents or substitution of materials or equipment,
unless authorized by ENGINEER.
2. Shall not exceed limitations of ENGINEER's authority=
as set forth in the Contract Documents.
3. Shall not undertake any of the responsibilities of
CONTRACTOR, subcontractors or CONTRACTOR's
superintendent.
4. Shall not advise on, issue directions relative to or
assume control over any aspect of the means, methods,
techniques, sequences or procedures of construction
unless such advice or directions are specifically
required by the Contract Documents.
67
5. Shall not advise on, issue directions regarding or assume
control over safety precautions and programs in
connection with the Work.
6. Shall not accept Shop Drawing or sample submittals form
anyone other than Contractor.
7. Shall not authorize OWNER to occupy the Project in whole
or in part.
8. Shall not participate in specialized field or laboratory
tests or inspections conducted by others except as
specifically authorized by ENGINEER.
SC 11.9.3
Paragraph 11.9.3 of the General Conditions is hereby deleted
in its entirety and the following is substituted in its place:
"The unit price of an item of Unit Price Work shall be subject
to reevaluation and adjustment under the following conditions:
11.9.3.1 if the total cost of a particular item of Unit Price Work
amount to 25$ or more of the Contract Price and the
variation in the quantity of that particular item of Unit
Price Work performed by Contractor differs by more that
10% from the estimated quantity of such item indicated
in the Agreement; and
11.9.3.2 if there is no corresponding adjustment with respect of
any other item of Work; and
11.9.3.3 if CONTRACTOR believes that it has incurred additional
expense as a result thereof; or
11.9.3.4 if OWNER believes that the quantity variation entitles
it to an adjustment in the unit price, either OWNER or
CONTRACTOR may make a claim for an adjustment in the
Contract Price in accordance with Article 11 if the
parties are unable to agree as to the effect of any such
variations in the quantity of Unit Price Work performed." .
SC 14.16.3
Add a new paragraph immediately after paragraph 14.16.2 of the
General Conditions which is to read as follows:
SC 14.16.3
The CONTR.ACTOR shall deliver to the OWNER three (3) fully
executed original copies of "Receipt of Payment and
Release of Liens" form included herein. The delivery.-
of said form to OWNER must occur no later than the
simultaneous deliver of Final Payment to CONTRACTOR.
68
7T--";q
SPECIEFIEC-AT]IONS
DIVISION I
l. MATERIALS
1. CONCRETE•
Concrete used o this project shall meet the requirements as
specified in ITEM 421 CONCRETE FOR STRUCTURES in the latest
editions of Standard Svecifications for Construction of Highways
Streets and Bridges issued by the Texas Department of
Transportation.
Concrete shall be of the class shown on the drawings.
1.2 REINFORCING STEEL:
Reinforcing steel used on this project shall meet the
requirements as specified in ITEM 440 REINFORCING STEEL in the
latest edition of Standard Specifications for Construction of
Hi hways, Streets and Bridges issued by the Texas Department of
Transportation.
Reinforcing steel shall be of the type and grade shown on
the drawings.
1.3 LIME STABILIZATION:
Lime Stabilization used on this project shall meet the
requirements as specified in ITEM 260 LIME TREATMENT FOR
MATERIALS IN PLACE in the latest edition of Standard
Specifications for Construction of Highways, Streets and Bridges
issued by the Texas Department of Transportation.
All areas to be lime stabilized shall be grassed off and if
needed adjusted to grad borrow material obtained from off-site.
Type A hydrated lime is required. Slurry or dry placement
are both acceptable and shall be accomplished in accordance with
Item 260 referenced above.
Payment for lime stabilization is incidental and shall be
included in price bid for paving.
69
1.4 METAL HANGER BUILDING
1.4.1 GENERAL
Specifications herein delineate the material quality, design
criteria and workmanship used in the metal building system to be
constructed. The manufacturer shall utilize those standards,
specifications and/or interpretations and recommendations of
professionally recognized agencies and groups, such as: AISC, AWS,
ASTM, AISI, MBMA, Federal, etc., as the basis for establishing its
own design, fabrications and quality criteria, standards,
practices, methods and tolerances.
1.4.2 BUILDING NOMENCLATURE
1. WIDTH shall be measured from structural line to structural line
and/or inside to inside of wall covering.
2. LENGTH shall be as measured from structural line to structural
line and/or inside to inside of wall covering.
3. EAVE HEIGHT shall be measured from the top of the eave strut to
the bottom of the primary frame base plate.
4. BAY SPACING/INTERIOR BAY shall be measured from center line to
center line of the primary frames.
5. BAY SPACING/END BAY shall be measured from the inside of the
endwall covering to the center line of the first interior primary
frame.
6. ROOF SLOPE shall be given in the table below, in conjunction
with frame types and roof coverings.
1.4.3 STRUCTURAL FRAMING
1. PRIMARY FRAMING shall normally be the main load carrying
structural members. They shall include the transverse rigid
frames, lean-to-rafters and columns, interior columns or other
types of framing.
2. "T"-FRAME shall normally be manufactured of solid web members
having tapered or uniform depth rafters, rigidly connected to
uniform depth columns. This system provides a clear span, single
gable, rigid frame, straight column, flush sidewall designed to
support the specified loads.
3. MATERIALS used in the fabrication of primary framing systems
shall be designated utilizing standard practices, generally in
compliance with the A.I.S.C. code.
70
a. STRUCTURAL FLAT PLATE, STRIP and/or BAR STOCK
generally shall conform to the physical requirements of
ASTM A572, or A5TM A36, as applicable, and shall have a
minimum yield strength of 50,000 psi.
b. W,M and S SHAPES, ANGLES, RODS, CHANNELS and OTHER
HOTROLLED SHAPES shall be of material conforming to the
physical requirements of ASTM A36 and shall have minimum
yield strengths of 36,000 psi.
c. ROUND PIPE SECTIONS shall be of material conforming
to the physical requirements of ASTM A53, Grade B and
shall have a minimum yield of 36,000 psi. '
d. OTHER YIELD STRENGTH MATERIALS may be used based on
the particular building design requirements.
e. MEMBERS fabricated from plate or bar stock materials
shall have flanges and webs joined on one side of the web
by a submerged arc continuous weld process.
1.4.4 PRIMARY ENDWALL FRAMING
PRIMARY ENDWALL FRAMING shall be the main load carrying
members of the building endwall. They shall include the corner
columns, endwall columns and endwall rafters, and shall be
manufactured of cold-formed light gage sections, welded plate
sections and/or structural sections.
1. BEARING FRAME "BF" shall be a system having a continuous rafter
beam supported by corner columns and endwall columns, and shall be
designed to support the specified loads.
2. PARTIALLY LOADED FRAMES shall provide a primary end frame and
may be specified when no future expansion is anticipated. It may
or may not be used in conjunction with endwall columns.
3. MATERIALS used in the fabrication of primary endwall framing
systems shall be designed utilizing standard practices, general-ly
in compliance with the applicable sections of A.I.S.C. and A.I.S.I.
a. COLD FORM MEMBERS shall be fabricated of material
conforming to the physical requirements of ASTM A570 and
shall have a minimum yield strength of 55,000 psi.
b. STRUCTURAL SHAPES shall be of a material conforming
to the physical requirements of ASTM A36 and shall have
a minimum a yield strength of 36,000 psi.
c. OTHER YIELD STRENGTH MATERIALS may be used based on
the particular building design requirements.
71
d. MEMBERS fabricated from plate or bar stock materials
shall have flanges and webs joined on one side of the web
by a submerged arc continuous weld process.
1.4.5 SECONDARY FRAMING
SECONDARY FRAMING shall be
distribute the loads to the pri.m
include the eave struts, purlins,
miscellaneous structural members.
cold-formed light gage sections,
structural sections,
the structural members which
ary framing systems, and shall
girts, wind bracing and other
They shall be manufactured of
welded plate sections and/or
1. EAVE STRUTS shall be nominal 8" or 10" deep "cee" shaped
members, and shall be manufactured of 14 or 12 gage steel. and
shall be designed as simple span for the specified loads.
2. PURLINS and GIRTS shall be nominal 811, 10" or 12" deep "zee"
shaped or "cee" shaped members, and shall be manufactured of 16,
15, 14 or 12 gage steel designed as simple span, partially
continuous or continuous for the specified loads.
3. WIND BRACING shall be a system of diagonal cable bracing,
portal, fixed base or diaphragm bracing designed for the specified
loads in accordance with design practices. They shall normally
utilize rods, cables, diaphragm action, angles and/or welded plate
or structural members.
4. MISCELLANEOUS STRUCTURES shall normally be those members to
augment the pri.mary, primary endwall and secondary framing systems.
They shall include members such as: base angles, flange braces,
jambs, headers, and bridging or sag members, and shall be designed
to be supportive of the framing systems.
5. MATERIALS used in the fabrication of secondary framing systems
shall be designed utilizing standard practices, generally in
compliance with the applicable sections of A.I.S.C. and A.I.S.I.
a. COLD FORM MEMBERS shall be fabricated of material
conforming to the physical requirements of ASTM A570 and
shall have a minimum yield strength of 55,000 psi.
b. CABLE BRACING shall be fabricated of material
conforming to the physical requirements of ASTM A475-78
for extra high strength grade.
c. ROD BRACING shall be fabricated of material
conforming to the physical requirements of ASTM A36 and
shall have a minimum yield strength of 36,000 psi.
d. OTHER YIELD STRENGTH MATERIALS shall be used based on
the particular building design requirements.
72.
e. MEMBERS fabricated from plate or bar stock materials
shall have flanges and webs joined on one side of the web
by a submerged arc continuous weld process.
1.4.6 ROOF AND WALL COVERINGS
ROOF and DRY WALL COVERING for use on the exterior of
buildings shall be as defined below:
1. ROOF COVERING shall consist of the roof panels, their
attachments, trim and sealants for use on the roof. The Roof
Covering shall be a system of roof panels providirig a 36" wide net
coverage having 1 1/4" high major ribs at 12" centers and two minor
ribs between the major ribs. Sidelaps shall be one full major rib
and shall utilize the bearing edge of the underlying major rib for
support. Panels shall be continuous from ridge to eave until panel
length exceeds 33' and/or the panel becomes prohibitive of
handling, in which case endlaps are provided. Endlaps shall be 6"
and occur over a supporting member.
1.4.7 WALL COVERING
WALL COVERING shall consist of the wall panels, their
attachments, and trim for use on the exterior of the walls.
1. THE WALL COVERING shall be a system of wall panels providing a
36" wide net coverage having 1 1/4" high major ribs at 12" centers
and two minor ribs between the major ribs. Sidelaps shall be one
major rib. Panels shall be continuous from eave to sill until the
panel length exceeds 35' and/or the panel becomes prohibitive of
handling in which case endlaps are provided. Endlaps shall be 4"
and occur over a supporting member.
1.4.8 MATERIALS
MATERIALS used in the fabrication of roof and wall coverings
shall normally be in accordance with these Specifications. -
1.4.9 COATINGS AND FINISHES
COATINGS and FINISHES for roof and wall coverings and their
flashings shall, unless otherwise specified, be of the materials
and properties given in the table below.
a. ROOF PANELS shall be prefinished Polar White over
zinc aluminum alloy coated steel.
b. WALL PANELS shall be prefinished in a choice of
manufactures standard colors applied over zinc-aluminum
alloy coated steel. OWNER choose color.
73
1.5.0 TRIM
TRIM shall normally be of 26 gage Grade D steel of 50,000 psi
minimum yield strength and shall be compatible with the material,
finish, and profile of the adjoining roof or wall system.
1.5.1 SYSTEMS COVERING SEALANTS
SYSTEM COVERING SEALANTS shall normally be preformed roll-type
sealants, tube sealants, and closures as required fir weather-
tightness of the roof.
1. TAPE SEALANTS shall be of preformed butylrubber base, and shall
normally be supplied as a 3/32" X 3/8" extruded shape.
2. TUBE SEALANTS shall be a butylrubber base caulking material.
3. CLOSURES shall be of a closed cell foam material of a gray or
neutral color, and shall be die cut to panel profiles. closures
shall be supplied as required to provide weather-tightness.
1.5.2 FASTENERS
FASTENERS for roof and wall covering systems shall be one or
more types of self-drilling or self-tapping screws. Blind rivets
shall normally be used in trim and accessory attachment and
splicing. For application details see shop drawings.
1.5.3 STRUCTURAL DESIGN
1. DESIGN CRITERIA shall be the system of designing the primary,
primary endwall and secondary framing systems for the loads as
specified.
2. DESIGN LOADS shall be the application and combination of loads
as specified and clearly set forth.
LIVE LOAD
12 psf frame -
20 psf purlins
70 mph wind
And/or accordance with MBMA standards for this location.
Structural calculations shall be submitted, prepared by, signed and
sealed by a Registered Professional Engineer registered in the
State of Texas.
3. BUILDING DEAD LOADS-The weight of the building system, such as
roof framing and covering members.
74
4. ROOF LIVE LOADS-Loads that are produced (1) during maintenance
by workers, equipment, and materials, and (2) during the life of
the structure by movable objects, but do not include wind, snow,
seismic or dead loads.
5. ROOF SNOW LOADS-The vertical load induced by the weight of
snow, assumed to act on the horizontal projection on the roof of
the structure.
6. WIND LOADS-The loads caused by the wind from any horizontal
direction.
7. AUXILIARY LOADS-Dynamic live loads such as those induced by
cranes and material handling systems.
8. COLLATERAL LOADS-The weight of additional permanent materials
other than the building system, such as: sprinklers, mechanical
systems, electrical systems, partitions, and ceilings.
9. SEISMIC LOADS-The lateral load acting in any horizontal
direction on a structural system due to the action of an
earthquake.
10. FLOOR LIVE LOADS-Those loads induced on the floor system by the
use and occupancy of the building.
1.5.4 FOUNDATION REACTIONS
FOUNDATION REACTIONS shall be furnished by the manufacturer,
but shall not be responsible for the design of, or the adequacy of
the foundation.
1.5.5 MANUFACTURING
1. STRUCTURAL MEMBERS shall normally be fabricated by shearing,
flame cutting, forming, welding, punching, drilling, reaming,
etc., as required in accordance with standard practices.
a. WELDED PLATE MEMBERS fabricated from plat or bar
stock materials shall have flanges and webs joined on one
side of the web by a submerged arc continuous weld
process.
2. SHOP CONNECTIONS for builtup and/or hot-rolled members shall
normally be welded using either a submerged or gas metal arc weld
process. Welding shall be in accordance with standard practices in
compliance with the applicable sections, relating to design
requirements and allowable stresses of the latest edition of the
"AWS Structural Welding Code D1.1.".
75
3. FIELD CONNECTIONS shall normally be the bolting of structural
members using high strength bolts and machine bolts in shop
drilled, punched or reamed holes, in accordance with standard
practices.
4. WORRMANSHIP and TOLERANCES of the manufactured building parts
shall be in accordance with normally accepted quality control
standards.
1.5.6 SHOP PAINTING
SHOP PAINTING of inembers with shop primer paint shall be
provided for the purpose of protecting the steel members during
transforation, job site storage, and during erection.
1. CLEANING of steel members shall normally be the removal of
oil, dirt, loose scale and/or foreign matter prior to painting in
accordance with SSPC-SP2.
2. COATING of steel members shall normally be one shop coat of
primer paint equal or exceeding the end performance requirements of
Federal Specification TTP 636.
1.5.7 ALL FRAMING MEMBERS
ALL FRAMING MEMBERS shall carry an easily visible identifying
painted or stenciled piecemark.
1.5.8 CONTINUOUS OR SECTIONAL GRAVITY RIDGE VENTILATORS
CONTINUOUS OR SECTIONAL GRAVITY RIDGE VENTILATORS shall be
supplied with a screen, and will be furnished in 101-0" lengths.
Multiunit splice drains and end cap skirt assemblies, where
required, shall be provided to make up the specified length.
Continuous or sectional ventilators are to be furnished without
dampers.
1.5.9 PERSONNEL DOORS
PERSONNEL DOORS shall normally be a single door 3070 in flush
panel (solid).
1. DOOR LEAF shall be non-handed, 1 3/4" thick, full flush,
fabricated from 20 gage roller leveled, galvanized mill bonderized
face sheets. Door finishes are to be white embossed. Top and
bottom channels shall be welded flush to face sheets. The core
material shall be expanded polystyrene bonded to face sheets with
a two component epoxy adhesive. Door edges shall be hemmed to.
eliminate raw edge metal, beveled on lock side and flat on hinge
side. Doors shall be prepared for 4 1/2" X 4 1/2" template hinges
76
with 9 gage hinge reinforcements. Lock edges shall be prepared for
Government Series 160 and 161 Locksets.
2. DOOR FRAME and shall be fabricated from 16 gage galvanized
class G-60 or galvalume steel, mill bonderized. Floor and head
clips shall be 12 gage galvanized steel, factory installed. Hinge
reinforcements shall be 9 gage steel. All frames are mortised for
4 1/2" X 4 1/2" template hinges and universal striker plate.
Frames are standard finished white with grey primer.
3. HARDWARE shall consist of: (a) 1 1/2 pair full mortise hinges
per leaf (b) one key-in-knob cylindrical lockset (c) one aluminum
threshold (d) one astragal and one pair of surface'bolts per double
door. Weather stripping for jambs, head, and sill are required.
1.6.0 FRAMED OPENINGS IN WALLS
FRAMED OPENINGS IN WALLS shall normally be an opening framed
with 16 gage minimum, coldformed members, designed to meet the
specified loads. Openings shall be trimmed in accordance with
U.S.A.'s standard practices.
1.6.1 MISCELLANEOIIS
1. ANCHOR BOLTS shall be supplied by the manufacturer. Anchor
bolts shall not be less than the size and quantity shown on the
anchor bolt setting drawings. Anchor bolts shall be unpainted for
bonding with the concrete, and of sufficient capacity to properly
resist the governing reactions induced by the design loads on the
structure. Al1 anchor bolts are to be set in strict accordance
with manufactures drawings. Anchor bolts are designed in
accordance with AISC. Additional materials required for compliance
with other code bodies, such as shear angles and embeddment plates,
shall be supplied by the manufacturer.
1.6.2 ERECTION
1. ERECTION of the building systems shall be in accordance with
the appropriate erection drawings, erection guides and/or other
documents furnished by manufacturer. It shall be the erector's
responsibility to comply with all appropriate legal and safety
requirements. It shall be the erector's responsibility to
determine and provide any and all temporary bracing, shoring,
blocking, bridging, and/or securing of components, etc., as
required during erection of the building.
77
1.6.3 WARRANTY
1. The Manufacturer shall provide warranty against failure due to
defective material or worlananship for a period of the (1) year from
date of shipment. Additionally the manufacturer shall provide a 20
YEAR LIMITED WARRANTY for Zinc-Aluminum Alloy Coated Panels.
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DIVISION II
2. CONSTRIICTION METHODS
2.1
CLEARING AND GRUBBING
2.1.1 DESCRIPTION
Cleari.ng and grubbing shall consist of the
removal and disposal of trees, stumps, brush,
roots, vegetation, logs, rubbish and other
objectionable matter from the designated area.
2.1.2 CONSTRIICTION METHODS
The designated area shall be cleared of all
trees, brush shrubbery, plants, etc., not
designated by OWNER or indicated on the plans
to be left in place and shall be preserved.
Trees and brush designated to be left in place
shall be carefully trimmed as directed and
shall be protected from scarring, barking or
other injuries during construction operations.
Pruned limbs over two inches (50mm) in
diameter shall be treated by painting the
exposed ends with an approved asphaltic
material. Al1 stumps, roots, etc., shall be
removed to a depth of 2 feet below existing
ground surface. All holes remaining after
clearing and grubbing shall be backfilled and
the entire area graded to prevent ponding of
water. On areas required for borrow sites and
materials sources, stumps, roots, etc., shall
be removed to the complete extent necessary to
prevent such objectionable matter becoming
mixed with the material to be used in
construction.
All cleared and grubbed material shall be
disposed of by the CONTRACTOR. Unless
otherwise provided, all merchantable timber
removed as previously specified shall become
the property of the CONTRACTOR. It is the
intent of this specification to provide for
the removal and disposal of all obstructions
and objectionable materials not specifically
provided for elsewhere by the plans and
specifications.
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2.1.3 MEASUREMENT AND PAYMENT
Clearing and grubbing shall be measured for
payment either in acres or by lump sum.
Measurement for payment shall be made only on
areas indicated and classified on plans as
clearing and grubbing. Clearing and grubbing
shall be paid for at the contract unit price
per acre or at the lump sum price, as the case
may be, as provided in the proposal and
contract. The contract unit price shall be
the total compensation for furnishing all
materials, labor, equipment, tools and
incidentals necessary to complete the work,
all in accordance with the plans and these
specifications. When not listed as a separate
contract pay item, clearing and grubbing shall
be considered as incidental work, and the cost
thereof shall be included in such contract pay
items as are provided for in the proposal
contract.
2.2 UNDERGROUND CONDUIT CONSTRUCTION
2.2.1 DESCRIPTION
This part of the specifications shall govern
for construction of all types of sewer and
water structures except where the requirements
are revised by another governing
specification. All structures shall be
constructed in accordance with the design
requirements and with the details shown on the
plans; and in conformity with the requirements
herein provided. Other applicable sections or
parts of these specifications shall govern for
such miscellaneous and incidental construction
necessary to complete the work in accordance
with the plans and specifications.
2.2.2 MATERIALS
Al1 materials used in the construction of work
specified in this division shall conform to
the applicable sections of Division I of these
specifications and approved by the OWNER. Any
materials placed before approval of the OWNER
shall be removed, if directed by the OWNER,
and replace with approved materials.
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2.2.3 MATERIAL STORAGE
Materials delivered to the site of the work in
advance of their use shall be stored in a
manner which shall cause the least
inconvenience to the public; and in a manner
to best protect and preserve the material to
the satisfaction of the OWNER. Materials
shall be sorted and stored neatly and
accessibly. Materials not properly stored
shall not be eligible for inclusion in partial
estimates.
2.2.4 SEQUENCE
The sequence of operations to be followed
shall be prepared by the CONTRACTOR for
approval by the OWNER. The sequence shall
meet the job requirements for completion time,
avoid interference with plant operations and
shall conform to plan and specification
requirements. The construction of all sewers
shall begin at the outlet or lower end, unless
otherwise directed by the OWNER. Tributary
lines for sewers shall not be started until
the main sewer has been built to their
junction points.
2.2.5 LAYOUT
The CONTRACTOR shall construct the work in the
locations and to the grades and elevations
shown on the plans from base lines and bench
marks as established by the OWNER.
2.2.6 SIGNS
The required public information signs shall be
placed at locations approved by the OWNER
prior to the start of construction.
2.2.7 EQUIPMENT
All machinery and equipment necessary for the
construction of the work specified herein
shall be on the project and shall be
maintained in good condition to insure the
completion of the work without excessive
delays for repairs and replacements.
Equipment used for disposal of surplus
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materials beyond the limits of the work shall
be such as to avoid spilling or wasting of
materials along the line of haul. The
CONTRACTOR shall immediately clean up all
materials spilled or wasted along the line of
haul. The OWNER reserves the right to approve
the location and methods of disposal for
surplus material.
2.2.8 USE OF FIRE HYDRANT AND VALVES
The CONTRACTOR shall not operate any fire
hydrant or valve in the existing water system
without the permission of the OWNER. If
permission is granted, the CONTRACTOR shall
use only approved fire hydrant and valve
wrenches. The OWNER shall inspect all fire
hydrants and/or valves operated by the
CONTRACTOR prior to final acceptance of the
project. All repairs or replacements required
to restore satisfactory operation of fire
hydrants and/or valves shall be at the expense
of the CONTRACTOR.
2.2.9 CONNECTIONS
The connections of conduits or appurtenances
to conduits shall be made in accordance with
the plans and as directed by the OWNER. This
work shall be done in such a manner so as not
to damage any of the structures involved. No
connecting conduit shall project beyond the
inside surface of other conduits or
appurtenances, except in case of pipe laid
through a manhole.
2.2.10 GR.ADES
The grade line shown on the profile is the
elevation of the invert or flow line of the
conduit. The OWNER shall establish bench
marks, base lines and other principal control
points for use in the construction. The
CONTRACTOR shall at his own expense establish
all working or construction lines and grades
as required and determined from the base
measurements and control points set by the
OWNER; and shall be solely responsible for the
accuracy thereof. Where ever an offset needs
to be over 10 feet, the CONTRACTOR shall be
required to furnish a survey type tripod level
$2
or its equivalent in order to accurately
transfer the grade to the trench or
excavation. Where construction operations
require the removal of the OWNER's stakes, the
CONTRACTOR shall reference such points in an
approved manner. If they cannot be
referenced, the CONTRACTOR must obtain
authorization for their removal. In the case
of theix destruction or unauthorized removal,
they shall be replaced by the OWNER at the
CONTRACTOR's expense.
The CONTRACTOR shall notify the OWNER 48 hours
prior to the beginning of construction to
allow the OWNER sufficient ti.me to stake the
alignment . Where the starting point is an
end of an existing pipe, the CONTRACTOR shall
uncover the same; and the OWNER shall then
provide the CONTRACTOR with grade stakes
unless otherwise specified.
The full responsibility for holding to
alignment and grade shall rest upon the
CONTRACTOR.
The lines and grades shall be set by the
OWNER, as the work progresses, in such a
manner as to cause the least possible
inconvenience in the prosecution of the work.
The CONTRACTOR shall so stockpile excavation
and other materials as to cause no
inconvenience in the use of the lines and
grades given. The CONTRACTOR shall remove any
obstruction created by him contrary to this
provision.
If a profile is not furnished for a water
main, the main shall be as constructed with a
minimum cover as follows unless directed
otherwise by the OWNER: 4" through 12", 4211,
and other sizes as shown on the drawings. The
CONTRACTOR shall keep the OWNER informed at a
reasonable time in advance as to his need for
line and grade. When necessary, working
operations shall be suspended for such
reasonable time as the OWNER may require for
the establishment of the same.
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2.2.11 CLEANUP
The CONTRACTOR shall be required to maintain
the construction site in a neat and orderly
manner at all times and remove daily the
trash, paper, rubbish, and debris resulting
from his operations. The CONTRACTOR is
responsible to alleviate any dust nuisance in
the work area. Upon completion of the
project, all equipment, construction
materials, surplus materials, trash, broken
concrete, lumber, and etc., shall be removed
from the construction site. The entire
construction site shall be graded and cleaned
to present the appearance as it was prior to
construction or better. Cleanup shall be
finished prior to acceptance of the project by
the OWNER.
2.2.12 WATER FOR CONSTRUCTION
Unless otherwise specified in the contract,
water required for construction and furnished
from the OWNER's distribution system shall be
paid for at a rate established by the OWNER.
The CONTRACTOR shall make all necessary
arrangements and means for hauling the water
at his expense. Water shall be furnished free
of charge from the OWNER's main, if available,
for filling newly constructed water mains for
flushing, sterilizing and hydrostatic testing.
2.3 EXCAVATION AND BACICFILL
2.3.1 DESCRIPTION
This work shall include the furnishing of all
labor materials, tools, equipment, and
machinery necessary for clearing and removing
from the site of the work wherever located,
all obstructions, trees, stumps, brush,
vegetation, woods, and debris; and all earth,
rock, and other materials to be excavated; the
removal of existing structures except where
specifically paid for as separate contract pay
items; the replacement of topsoil after
backfilling is completed; the furnishing,
placing, and maintaining of all sheeting,
shoring and bracing necessary to protect the
work and adjacent properties, to support the
sides and ends of the excavation and to
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support all adjacent structures above and
below the ground; the installation and
operation of all pumping, bailing, and
draining necessary to keep the excavation free
from seepage water, water from sewer, drains,
ditches, creeks, and other sources, and to
provide for the uninterrupted flow of sewers
and surface waters during progress of the
construction; the removal, after the
completion of the work, of all sheeting,
shoring and bracing not necessary to support
the sides of the excavation; the satisfactory
disposal of excess and unsuitable materials
not required or which cannot be used for
backfilling; compacting and refilling, after
settlement of all excavated areas; the
restoration of all streets, alleys, right-of-
ways and other lands, private or public,
damaged or occupied by the CONTR.ACTOR in the
performance of the contract to the same (or
improved) condition as they were prior to the
beginning of the work. Replacement of
previously constructed items, such as curb,
gutter, sidewalks, driveways, paving, and
etc., shall conform to the specifications for
new construction, unless directed otherwise by
the OWNER.
2.3.2 SITE PREPARATION
The construction site shall be prepared for
construction operations by the removal and
disposal of all obstructions and objectionable
materials from the designated construction
area. Such obstructions and objectionable
materials shall include the removal of
designated trees, bushes, grass, miscellaneous
stone, brick, concrete, scrap iron, and all
rubbish and debris whether above or below
ground level. It is the intent of this
specification to provide for the removal and
disposal of all objectionable materials not
specifically provided for elsewhere by the
plans and specifications. The removal of such
items shall be accomplished prior to the
grading and excavation operations. The
removal and disposal of such items shall not
be measured or paid for as a separate contract
pay item. Such items shall be considered as
incidental work and the cost thereof shall be
included in such contract pay item as provided
in the proposal and contract.
85
2.3.3 MAINTENANCE OF STREETS DURING CONSTRUCTION
The CONTRACTOR shall at all times maintain the
surfaces of streets on which he is working or
has worked. The maintenance required shall
include the filling of holes, blading or
otherwise smoothing of the street surfaces
(particularly the trench area), cleaning and
removal of surplus excavation materials,
rubbish, etc., sprinkling of streets with
water to abate dust nuisances and the
elimination of interference resulting, from
blocking the street to residents thereon. Any
or all of such operations shall be performed
by the CONTRACTOR upon demand by the OWNER
before performing maintenance work obviously
in need of being done to meet the requirements
of these specifications. All costs of work
covered by this paragraph shall be included in
the prices bid for the various items of work;
and no separate payment shall be made.
In the event the CONTRACTOR fails or refuses
to properly maintain the surfaces of streets
on which he is working or has worked, the
OWNER, after due notice to the CONTRACTOR,
shall perform the necessary maintenance. All
costs to the OWNER incurred in the performance
of such work shall be deducted from any monies
due or to become due to the CONTRACTOR for
worked performed, or the CONTRACTOR shall be
billed for such costs directly as the OWNER
shall elect. Notice to the CONTRACTOR to be
given by the OWNER shall be in writing, and it
shall be delivered to the CONTRACTOR or his
authorized agent. Except in emergency cases,
where immediate action is required, the
CONTRACTOR shall have 24 hours in which to
comply with the instructions of the OWNER.
Should the CONTRACTOR fail to do so, the OWNER
shall proceed with the work as set forth
above.
Where traffic must cross open trenches, such
as street intersections and driveways, the
CONTRACTOR shall provide suitable backfill
bridges, protective barricades and such other
safety equipment as required. The use of
machinery must be so regulated as to preclude
any unnecessary interference with traffic,
utilities, etc. The CONTRACTOR shall abide by
all applicable federal, state, or local laws
governing excavation work.
86
2.3.4. EBISTING STRUCTURES
All existing structures, improvements and
utilities shall be adequately protected, at
the expense of the CONTRACTOR, from damage
that might otherwise occur due to construction
operations. Where construction comes in close
proximity to existing structures or utilities,
or if it becomes necessary to move services,
poles, guy wires, pipe lines, or other
obstructions, the CONTRACTOR shall notify and
cooperate with the utility or structure OWNER.
The utility lines and other existing
structures shown on the plans are for
information only and are not guaranteed by the
OWNER to be complete or accurate as to
location and/or depth. The CONTRACTOR shall
be liable for damage to any utilities
resulting from his operation. During
construction, all fire hydrants, valve boxes,
fire or police call boxes, and other existing
utility controls shall be left intact,
unobstructed and accessible unless noted on
the plan.
(a) Relocating or Replacing Utilities.
Unless noted on plans that utilities are to be
moved by others, any cost of temporarily or
permanently relocating utilities shall be
borne by the CONTRACTOR's bid price for the
various items of work; and no separate payment
shall be made. In case damage to an existing
structure or utility occurs, whether such
damage results directly or indirectly from the
CONTRACTOR's operations, the CONTRACTOR shall
be responsible to restore the structure or
utility to its original condition and position
without extra compensation. Temporary shut
down of water and/or sewer services shall be
extend overnight, holidays or weekends. The
OWNER shall approve all shutdowns and may
assist in the shut down operations.
(b) Sewer House Services. Al1 house sewer
services damaged during construction shall be
replaced by reconnections, including necessary
adjustments to a sanitary sewer replacement,
shall not require the services of a master
plumber, if being replaced by a utility
CONTRACTOR; however, in all cases, repair
shall be inspected by the OWNER. It shall be
the responsibility of the CONTRACTOR to
maintain such services throughout the
construction process.
V
(c) Water Services. Service lines shall not
be removed during excavation; and the
CONTRACTOR shall provide adequate support for
the services across the open ditch.
(d) Interrupted Service. Cuts or breaks in
sewer mains and laterals, or service
connections, shall be restored at the earliest
practicable moment in order to give the least
possible interruption in service. The
CONTRACTOR shall be responsible for notifying
customers of temporary interruption of service
at least 24 hours in advance. Announcements
arranged with local radio stations, notice in
local newspaper, etc., shall be required.
(e) Other Utilities. All water mains, water
services, sanitary sewers, sanitary sewer
house laterals, storm sewers, power conduits,
gas mains, gas service laterals, and other
appurtenances encountered during construction
shall be supported or replaced as detailed on
the plans.
Where the exact depth of any utility or
obstruction is not shown on a plan, excavation
shall be made prior to reaching the
obstruction in order to determine adjustments
in grade if needed to prevent interference.
Redesign to eliminate conflicts may be
necessary. Extra compensation shall not be
paid for such delays.
When it is necessary to remove or adjust
another utility, a representative of that
utility shall be notified to decide method and
work to be done. The CONTRACTOR shall make
satisfactory arrangements with other utilities
for the required cutting or adjustments at the
CONTRACTOR's own expense, other than for items
that may be provided in the contract for such
work. No extra compensation shall be paid due
in delays caused by removal of public utility
structures.
(f) Street Sign Posts and Signs. The
CONTRACTOR shall be responsible for all damage
to street sign posts and signs within the
limits of his operations that remain in place
or are removed and replaced. In event street
sign posts and signs are damaged or destroyed
by the CONTRACTOR's operations, they shall be
replace at the CONTRACTOR's expense.
88
(g) Methods of Removal and Disposal.
Materials or parts of structures which are to
be broken up, dismantled or removed, and which
are to be salvaged, shall be removed, loaded,
cleaned and unloaded at sites designated by
the OWNER. Materials which are not designated
to be salvaged shall become the property of
the CONTRACTOR; and he shall dispose of the
material at his own cost and expense.
2.3.5 PROTECTION OF TREES, PLANTS, SHRUBBERY, ETC,.
No trees shall be removed unless so noted on
the plans or upon the specific approval of the
OWNER. Where trees, plants, shrubbery, etc.,
are adjacent to the line of the work and are
not to be removed or removed and replace, the
CONTRACTOR shall protect such trees, plants,
shrubbery, etc., by substantial wooden boxes
and guards and shall not permit machinery or
employees to scrape, tear the limbs from,
damage or attach guy cables to them; and if,
in the opinion of the OWNER, such trees,
plants, shrubbery, etc., would be damaged by
machinery, etc., hand excavation may be
required. The CONTRACTOR shall be responsible
for all damages to adjacent trees, plants,
shrubbery, etc., and any such damage shall be
remedied to the satisfaction of the OWNER.
The cost of such protection shall not be paid
for as a separate contract pay item; and the
costs thereof shall be included in such pay
items as are provided for in the proposal and
contract.
89