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07-E T-Hangar Contract AwardMEMORANDUM TO: Michael E. Malone, City Manager Honorable Mayor and City Council FROM: Tommy Haynes, Project Coordinator DATE: August 8, 2001 SUBJECT: Award of Bid Nested T-Hangar, Cox Field Competitive bids were received for the above referenced project on August 7, 2001, at 3:00 p.m. Attached is a tabulation of bids for your review. I respectfully recommend that the bid be awarded to George Spencer Construction, 2620 FM 79, Pads, Texas, in the amount of $156,766.00. This amount is for Option "A", 10 Unit Nested T-Hangar with 42' wide doors and 12' high opening. This is the size 10 Unit T-Hangar that the Interim City Engineer, Frank Davis, recommended that we build. Respectfully, Tommy Haynes Project Coordinator BID TABULATION NESTED T-HANGAR COX FIELD PARIS, TEXAS August 7, 2001 DESCRIPTION GEORGE SPENCER HANSEN AND CONSTRUCTION ASSOCIATES OPTION "A" 10 UNIT NESTED T-HANGAR (42' X 12' OPENING), INCL. CONCRETE FOUNDATION $156,766.00 $163,000.00 OPTION "B" 10 UNIT NESTED T-HANGAR (40'-6" X 10'-6" OPENINGS), INCL. CONCRETE FOUNDATION $155,698.00 $156,000.00 OPTION "C" 7 UNIT NESTED T-HANGAR (40' X 14' OPENINGS), INCL. CONCRETE FOUNDATION $153,704.00 $155,000.00 DRAFT LISAkRESOLUTIONS\CURRENT\T-Hangar Construction Res August 10, 2001 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AWARDING THE BID AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR THE CONSTRUCTION OF A TEN (10) UNIT NESTED T-HANGAR AT COX FIELD AIRPORT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris did heretofore, on the 28th day of June, 2001, approve the advertisement for bids for furnishing labor, materials, and equipment, and for performing all work required for the construction of a nested T-hangar at Cox Field Airport, which bids were received until 3:00 o'clock P.M., Tuesday, the 7th day of August, 2001; and, WHEREAS, bids submitted were based upon the following options: ( 1 ) Option "A," 1 O-Unit Nested T-Hangar (42'x 12' Openings), Including Concrete Foundation; (2) Option "B," 10-Unit Nested T-Hangar (40' 6" x 10' 6" Openings), Including Concrete Foundation; and (3) 7-Unit Nested T-Hangar (40'x 14' Openings), Including Concrete Foundation; and, WHEREAS, the lowest and best bid for such construction was made by George Spencer Construction of Paris, Texas, for Option "A," 10-Unit Nested T-Hangar (42' x 12' Openings), Including Concrete Foundation, and said contractor should be awarded the bid for the same; and, WHEREAS, the form of the agreement for such construction project, attached hereto as Exhibit A, should, in all things, be approved, and the Mayor should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble of this resolution are hereby in all things approved. Section 2. That the bid of George Spencer Construction for Option "A," 1 O-Unit Nested T- Hangar (42' x 12' Openings), Including Concrete Foundation, for the "Cox Field Airport Nested T- Hangar Construction Project" in the amount of $156,766.00, be, and the same is hereby, accepted and let conditioned upon said contractor meeting all of the terms and specifications included in the bid documents. Section 3. That the form of the agreement with George Spencer Construction, attached hereto as Exhibit A, be, and the same is hereby, approved. Section 4. That the Mayor be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, the agreement with George Spencer Construction, upon the terms and conditions and in the form shown in Exhibit A, attached hereto. Section 5. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 13th day of August, 2001. ATTEST: Michael J. Pfiester, Mayor Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney AGREEMENT THIS AGREEMENT is dated as of the 13th day of August in the year 2001, by and between City of Paris, Paris, Texas, (hereinafter called OWNER) and George Spencer Construction (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: 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: 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 ENG1NEER and who is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENG1NEER 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 final 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 paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER One hundred fifty 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 fifty 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 paragraph 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. Article 7. CONTRACTOR'S REPRESENTATIONS. 19 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 paragraph 4.2 of the General Conditions, and accepts the determination set forth in paragraph SC-4.2 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to reply. 7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in 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 of the 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 of the General Conditions. 7.5 CONTRACTOR has correlated 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 ENG1NEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENG1NEER is acceptable to CONTRACTOR. Article 8. CONTRACT DOCUMENTS. 2O The Contract Documents which comprise the entire agreement CONTRACTOR concerning the Work consist of the following: 8.1 8.2 8.3 8.4 8.5 8.6 8.7 This Agreement (pages 1 to 7, inclusive). Exhibits to this Agreement (pages __ to __ Performance and other Bonds, identified as exhibits pages. Notice of Award. General Conditions (pages 32 to 62 inclusive). 8.8 8.9 8.10 8.11 8.12 8.13 Supplementary Conditions (pages 63 to 74., inclusive). , inclusive.) between OWNER and Specifications bearing the title NESTED T-HANGAR and consisting of _ pages, as listed in table of contents thereof. and consisting of Addenda numbers 1 to __., inclusive. CONTRACTOR's Bid (pages 10 to 16 , inclusive) marked exhibit Documentation submitted by CONTRACTOR prior to Notice of Award (pages ., inclusive). to 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. 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. Article 9. MISCELLANEOUS 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 21 inclusive Drawings, consisting of a cover sheet and sheets numbered 1 through 5 with each sheet bearing the following general title: NESTED T-HANGAR. divisions and 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 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 22 or by ENG1NEER on their behalf. This Agreement will be effective on August 13,2001. OWNER: CONTRACTOR: CITY OF PARIS, PARIS, TEXAS GEORGE SPENCER CONSTRUCTION By: By: Michael J. Pfiester, Mayor ATTEST: George Spencer ATTEST: Mattie Cunningham, City Clerk (CORPORATE SEAL) APPROVED AS TO FORM: Secretary (CORPORATE SEAL) Larry W. Schenk, City Attorney Address for giving notices: P.O. Box 9037 Paris, Texas 75461-9037 Address for giving notices: License No. Agent for service of process: 25 STATE OF TEXAS ) COUNTY OF LAMAR ) BEFORE ME, this undersigned authority, on this day personally appeared Michael J. Pfiester., 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 UNDER MY HAND AND SEAL OF OFFICE this 13th day of August, 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 George Spencer, (Title), of George Spencer Construction, known to me 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 UNDER MY HAND AND SEAL OF OFFICE this __ day of August, 2001. Notary Public, State of Texas Printed Name: My commission expires: 24 NESTED T-HANGAR COX FIELD JULY, 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., l¢lichael-J. Pfies~r, M~j~r B. Fr~ Davis, Jr., P.E., R.P.L.S. Interim Ci, Engineer BID FORM PROJECT IDENTIFICATION: 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. 1st 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 furnishing 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 obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies ( in addition to or to supplement those referred to in (c) above) which pertain to the subsurface or 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 fumish 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. (f) 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, finn 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. 4. BIDDER may submit bids on any one option or combination of options, at the discretion of the BIDDER, for the following: EST. UNIT ESTIMATED ITEM UNIT QUANT. PRICE AMOUNT OPTION "A" 10-UNIT NESTED T-HANGAR LS ! $ $ (42' x 12' OPENING), INCL CONCRETE FOUNDATION, Complete in place. TOTAL AMOUNT BID: $. (figures) (use words) OPTION "B" 10-UNIT NESTED T-HANGAR LS 1 $ $ (40'-6"' x 10'-6" OPENINGS), INCL CONCRETE FOUNDATION, Complete in place. TOTAL AMOUNT BID: $ (figures) (use words) OPTION "C" 7-UNIT NESTED T-HANGAR LS 1 $ $ (40~ x 14' OPENINGS), INCL CONCRETE FOUNDATION, Complete in place. TOTAL AMOUNT BID: $. (figures) (use words) i1 Quantities are not guaranteed, Final payment will be based on actual quantities. 5. BIDDER agrees that the Work will be substantially complete within 180 calendar days after the date when the Contract Time commences to nm as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment within 210 calendar days after the date when the Contract Time commences to nm. 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. 8. 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 (SEAL) (Individual's Name) doing business as Business address: Phone Number: A Partnership By (SEAL) (Firm Name) (General Parmer) 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: A Joint Venture By (Name) (Address) By (Name) (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.) BID BOND BOND NUMBER KNOW ALL MEN BY THESEPRESENTS: 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 Dollars, lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal is herewith submitting its proposal for the construction of a 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) (seal) (seal) SURETY Attorney-in-fact 15 NOTICE OF AWARD Dated ,2001 TO: (Bidder) ADDRESS: OWNERS PROJECT NO. PROJECT NESTED T-HANGAR, COX FIELD, PARIS, TEXAS OWNER'S CONTRACT NO. CONTRACT FOR NESTED T-HANGAR, COX FIELD You are 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 NESTED T-HANGAR, complete in place. The Contract Price of your contract is Dollars ($ .00). Three copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. 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 (paragraph 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, 3.6 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, OWNER will remm to you one fully signed counterpart of the Agreement with the Contract Documents attached. City of Paris, Paris, Texas (OWNER) (AUTHORIZED SIGNATURE) INTERIM CITY ENGINEER Copy to ENGINEER (Use Certified Mail, Return Receipt Requested) 3.7 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: 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: 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 final 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 paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the 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 rift3' and No/100 dollars $150.00 ) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER fifty and No/100 dollars ($ 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 paragraph 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. 3.9 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 paragraph 4.2 of the General Conditions, and accepts the determination set forth in paragraph SC-4.2 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to reply. 7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in 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 of the 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 of the General Conditions. 7.5 CONTRACTOR has correlated 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 This 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 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 beating 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. 23. 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 ! 0. 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 CONTRACTOR BY By Michael J. Pfiester, Mayor (type signature name) (CORPORATE SEAL) (CORPORATE SEAL) Attest Attest Mattie Cunningham City Clerk Address for giving notices Address for giving notices P.O. Box 9037 Paris, Texas 75461-9037 License No. Agent for service of process: Approved as to form: Larry W. Schenk, City Attomey 23 STATE OF TEXAS ) COUNTY OF LAMAR ) BEFORE ME, this undersigned authority, on this day personally appeared Michael J. Pfiester, 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 UNDER 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/are 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 of , 2001. Notary Public, State of Texas Printed Name: My commission expires: 24 NOTICE TO PROCEED Dated ,2001 TO: (CONTRACTOR) ADDRESS: Paris, Texas 75460 OWNER'S PROJECT NO. PROJECT NESTED T-HANGAR, COX FIELD, PARIS, TEXAS OWNER'S CONTRACT NO. CONTRACT FOR the construction ora NESTED T-HANGAR, complete in place. You are 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 (Use Certified Mail, Remm Receipt Requested) (Owner) By AUTHORIZED SIGNATURE TITLE EJCDC 1910-23 (1983 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contraclors of America. 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 ail 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 wimess 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): ,~0ND Date (Not earlier than Construction Contract Date): ., Amount: Modifications to this Bond Form: CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: (Corp. Seal) Signature: Signature: Name and Title: Name and Title: CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: , (Corp. Seal) Signature: Signature: -- Name and Title: Name and Title: F. JCDC No. 1910-28B (1984 Edition) 27 t. The Contractor and the Surety,jointly a.~d severally, bind themselves, and to satisfy claims, it'any, under any Construcllon Performance Bond. theirhelrs.executors.adm~nistralors, successorsandassignstotheOwner By the Contractor furnishing and the Owner accepting th~s Bond, they to pay for labor, materials and eqttlpment furnished for use in the perfor- agree that all funds earned by the Contractor in Ihe ~ormanc: mance of the Construction Contract, which is incor~raled herein by Consl~ction Contract are dedicated Io satisfy obligations of ihe Con- re~erence. ~rac~or and the 5ure~y under ~hls Bond. sub, ecl to the Owner's priority 2. With respect to ~he Owner. this obligation shall be null and void if the to use the funds for the completion of the work. Contractor: 9. The Surety shall not b~ liable Io ~he Owner. Claimants 2. I. P~omptly makes payment, directly or indirectly, for all sums due obligations o[ the Contractor t~at are unrelated to Ihe Constmctlon Con- CIRimants. and tracl. ~e Owner shall not be liable ~or payment of any costs or expenses 2.2. ~fends. indemnifies and holds Aa~less the Owner from afl claims, of any Claimant under this Bond, and shall have under Ihis Bond demands, liens or suits by any ~rson or entity who furnished obllgatlons ~o make payments to. give notices on bchaff oh. or othe~i~e labor, materials or equipment for use in the performance of the have obfigatlons to Claimants under this Bond. Construction Contact. provided the Owner has promptly notified 10. The Surety hereby waives notice of any ch,rage, including changes of the Cont~ctor ahd Ihe ~urely (at the address described in Para- time, to the Const~ctlon Contract or Io ~elated subconlracts, purchase graph 12) o[ any claims, demands, liens or suits and lendered orders and other obligations. derense or such claims, demands, liens or suits to the Contractor I I. ~o sub or action shall ~ commenced bY a C a mane under h and the Surety, and provided there is no Owner ~[ault. other than in a cou~ o[ c~mpetent jurisdiction in the location in which the 3. Wilh re.~c~ Io Claimants, lh~s obffga~ion shall be null a~ void if Ihe work or pan o~ ~h~ wor~ is located or aAer ~he expi~ti~ of one year Cont~ctor promptly makes payment, dlrectly or in~i[ectiy, for all sums from lhe date (I) on welch the Clalmant gave t~e notice requked by d~. Subpa~g~ph 4.1 or Claus~ a.2 (iii). or (2) on which ~he last ~bor 4, The Surety shall have no obligation to Claimants under leis Bond until: service was ~ormed by anyone or the last mate~als or equlpmenl wer~ 4.1. Clalma~ts who a~e employed by or have a dlrecl con,race with (urnished by a~yone under the Cons~ctlon Con[racL whlchevtr oC([) the Contractor have given notice ~o Ihe Surety (at the address or (2) ~rst occurs. I~the provisions o[this Pa~graph are void or prohibited dcscrlbed in Pa~graph 12) and sent a copy, or notlce thereof, Io by law, the m n mum per ~of m la(ion availab e 1o surelies as a defense the Owner, stating that a claim is being made under leis Bon~ n ~he jurlsdictlbn or th~ suit shall be applicable, i' and, wi~h substantial accuracy, the amount et the claim. 12. ~otlce to I~e S~ety, the Owner or Ihe Contractor shall be mailed or 4.2, Claimants who do not have a direct contact with the Contractor: delivered ~o the address shown on the signature page. Aclual receipt of I. ~ave [urnish~d written notice to the Coat.clot and sent a notice by Surety, tee Owner or the Contractor, ~owever eccompBshed. copy, or notice Ihereo~. to the Owner, within ~ days after shall be su~cient compliance as of the date received at the address shown having last ~ormed lair or last [umisbed mate~als or equip- on the signatu~ page..';~ meat included in the claim stating, with substanllal accu~cy, 13. When Ih~s Bond hq~ been [u~ished Io comply wilh a statutory or the amount q[ the claim and ~he name of the paAy to whom other legal requirement'in Ihe location wher~ the const~clion was to be the mate~als were furnished or supptlcd or for whom the lair ~fformed, any prov~io~ in Ibis ~ond con~icllng with said slalulory or was d~e or ~ormed; and ega r~qulremcnt shaU ~ deemed deleted hetefrom and provisions con- 2. Have either received a rejectyn in whole or in pa~ [rom the forming ~o such slalulory or other legal requlremem shall ~ deemed Comra:tor, or not received within 30 days of [u~ishlng the inco~o~ted herein. ~e intent is. that this Bon~ sha~ be toast.ed as a abo~ notice any communication [rom the Contractor by which s~atulo~ ~nd and not as a common law Ihe Contractor has indicated lhe claim will be paid directly or indirectly; and 14, U~n r~quest by any person or entity appearing to btneflcla~ of ~hls Bond, ~he Contrac~br shal~ promptly ~urn~sh a copy.b. 3. Not having been paid within the a~ve 30 days, have sent a wrlne~ notice to ~he Surety (at t~e address descend in Para- Ibis Bond or shall permit a copy to be,made. g~ph 12) and sent a copy, or notice thereof, to the Owner, 15. DgF[~ITIONS slatlng ~hat a c~aim is being made under this Bond an~ enclosln8 I ~. I. Claimant: An individual or entity having a direct contract with a copy of the previous w~tten notic~ [umished to the Con- tee Contractor or with a su~ont~ctor of Ihe Coat.clot to tractor, [u~ish labor, materials or equlpmeet for use in the ~ormance S. I[ a notice requlre~ by Pa~g~ph 4 is given by the Owner Io the o[theCont~cI.ThclntentofthlsBondshall~toincludewlthout ~imitalion in the terms "labor, ma~e~als or equyment" Ihat pa~ ~ontractor or to thc S~re~y, Iha~ is su~clent compffance, of water, gas, ~wer, light, heat, oil. gasoline, telephone service 6. When the Claimant has satisfied the conditions of Paragraph 4, the or rental equipment used in the Constmcllon Contract. architec- Surety shall promptly and at tee Sur~ty's expense take the following tu~l and engineering so.ices required for ~ormance of Ihe actions: work of the Contractor and the Commctor's su~ontmctors, and 6.1. Send an answer to the Clalma~t, with a copy to the Owner. within all other items for which a mechanic's lien may be asse~ed 45 days after receipt o[ the claim, stating the amounts that are the jurisdiction where the labor, materials or equipment were undisputed and the basis for challenging any amounts that are furnished. disputed. 1~,2. Consl~ctJon Con~racl: The agreement between the Owner and 6.2. Pay or arrange tot payment or any undisputed amounts, the Contractor identified on the signalure page, including all 7, The Surel?s lolal ob~Jgallon shall not exceed IEe amount of Ihls Bond, Contract ~cumenls and changes Iherelo. . and the amount of this Bond shall ~ credited for any payments made in 15.3. Owner Default: Failure of Ihe Owner, which has neither been g~ fa}th by the Surely. r~medied nor waived+ Io ~y the Conlractor as required by the 8. Amountsowedby theOwner totheContractorunder theConstmction Construction Contract or to ~orm and complete or comply Contract shall be used for the performance o~ the Construction Contract with the other terms thereo~. (FOR INFORMATION ONLY--Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): 28 Construction Performance 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): C. BOND Date (Not earlier than Construction Contract Date): Amount: Modifications to this Bond Form: CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: (Corp. Seal) Signature: Signature: Name and Title: Name and Title: CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: (Corp. Seal) Signature:" Signature: Name and Title: Name and Title: EJCDC No. 1910-28A (1984 Edition) shall arise after: for: 3. I. The Owner has notified the Conlractor and Ihe Surety at its address 6. I. The responsibilities ot' the Contractor for correction ol' defective vided in Subparagraph 3.1; and 8. The Surety hereby waives notice of any change, including changes of 4. When the Owner has satisfied the conditions of Paragraph 3, the Surety Contractor Default or within two years after the Contractor ceased work- the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and 12.4. Owner Default: Failure o~' the Owner. which has neither been J (FOR INFORMATION ONLY--Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): TABLE OF CONTENTS OF GENERAL CONDITIONS Article Number Title Page ! DEFINITIONS ...................................................... 7 2 PRELIMINARY MAT'FERS ........................................ 8 3 CONTRACT DOCUMENTS: INTENT, AMENDING AND REUSE ............................... 9 4 AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS .............................................. I0 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't' INDEX TO GENERAL CONDITIONS Article or Paragraph Number Acceptance of Insurance ............................. 5.[3 Contractor's Warranty of Title ........................ 14.3 Access to the Work .................................. 13.2 Contractors---other ...................................... 7 Addenda---definition of (see definition of Contractual Liability Insurance ........................ 5.4 Specifications) ........................................ I Coordinating Contractor.--dcfinltion of ................ 7.4 Agreement--definition of ................................ I Coordination .......................................... 7.4 All Risk Insurance ..................................... 5.6 Copies of Documents .................................. 2.2 Amendment, Written ............................. 1, 3.1. I Correction or Removal of Defective Work ........... 13. I Application for Payment---definition of .................. I Correction Period, One Year ........................ 13.12 Application for Payment, Final ...................... 14.12 Correction, Removal or Acceptance of Defective Application for Progress Payment .................... 14.2 Work--in general ........................... 13.11-13.14 Applicatlon for Progress Payment--review of .... 14.4-14.7 Cost--net decrease ...: ..... :. ....................... 11.6.2 Arbitration ............................................. 16 Cost of Work .................................... 11.4-11.5 Authorized Variation in Work ......................... 9.5 Costs, Supplemental ................................ 11.4.5 Availability of Lands .................................. 4.1 Award, Notice of--defined .............................. I Day-definition of ....................................... 1 Defective---definition of .................................1 Before Starting Construction ...................... 2.5-2.7 Defective Work, Acceptance of ...................... 13.13 Bid---definition of ....................................... I Defective Work, Correction or Removal of .......... 13.11 Bonds and Insurance--in general ........................ 5 Defective Work--in general ............... 13, 14.7, 14.11 Bonds--definition of ..................................... I Defective Work, Rejecting ............................. 9.6 .Bonds, Delivery of ............................... 2. I, 5.1 Definitions .............................................. Bonds, Performance and Other .................... 5. I-5.2 Delivery of Bonds ..................................... 2.1 Determination for Unit Prices ........................ 9.10 Cash Allowances ..................................... 11.8 Disputes, Decisions by Engineer ................. 9.1 I-9.12 Change Order~definltion'of ............................. I Documents, Copies of ................................. 2.2 Change Orders--to be executed ...................... I0.4 Documents, Record .................................. 6.19 Changes in the Work ................................... 10 Documents, Reuse ....................................3.6 Claims, Waiver of--on Final Payment ............... 14.16 Drawings.--definition of ................................. Cladficatlons and Interpretations ...................... 9.4 · Cleaning ............................................. 6.I7 Easements ............................................ 4. l Completion ............................................. 14 Effective date of Agreement--definition of ............... Completion, Substantial ......................... 14.8-14.9 Emergencies .........................................6.22 Conference, Preconstruction .......................... 2.8 Engineer--definition of .................................. 1 Conflict, Error, Discrepancy--Contractor Engineer's Decisions ............................ 9.10-9.12 to Report ...................................... 2.5, 3.3 Engineer'~---Notice Work is Acceptable ............. 14.13 Construction Machinery, Equipment, otc .............. 6.4 Engineer's Recommendation of Payment ...... 14.4, 14.13 Continuing Work ..................................... 6.29 Engineer's Responsibilities, Limitations Contract Documents---amending and on .................................. 6.6, 9.1 I, 9.13-9.16 supplcmcnting .................................. 3.4-3.5 Engineer's Status During Constructior~--in general ...... 9 Contract Documents--definition of ...................... I Equipment, Labor, Materials and .................. 6.3-6.6 Contract Documents--Intent ...................... 3. 1-3.3 Equivalent Materials and Equipment .................. 6.7 Contract Documents---Reuse of ....................... 3.6 Explorations of physical conditions ................... 4.2 ,, Contract Prlcc, Change of .............................. I 1 Contract Prlcc~d¢finition ............................... I Fcc, Contractor's--Costs Plus ........................ I 1.6 Contract Time, Change of .............................. 12 Field Order---definition of ............................... I Contract Time, Commencement of .................... 2.3 Field Order--issued by Englnecr ............... ,3.5. I, 9.5 Contract Time.--definition of .......................... :. I Final Application for Payment ....................... 14.12 Contractor--definklon of ................................ I Final Inspection ..................................... 14.11 Contractor May Stop Work or Terminate ............. 15.5 Final Payment and Acceptance ...................... 14.13 Coat ractor's Contlnuing Obllgation .................. 14.15 Final Payment, Recommendation of ........... 14.13-I4.14 Contractor's Duty to Report Discrepancy in Documents .................................. 2.5, 3.2 General Provisions .............................. 17.3-17.4 Contractor's Fee---Cost Plus ... I 1.4.5.6, I 1.5. I, I 1.6-11.7 General Requirements---definition of ..................... 1 Contractor's L/ability Insurance ....................... 5.3 General Requlrements--pr/nclpal Contractor's Responsibilities--in general ................ 6 references to ................. 2.6, 4.4, 6.4, 6.6-6.7, 6.23 32 Giving Notice .................... ,. ................... 17.1 Payments to Contractor--when due ........... 14.4, 14.13 ..- Guarantee of Work--by Contractor ................... 13.1 Payments to Contractor--~vithhold~ng ................ 14 7 Performance and other Bonds ..................... 5.1-5.2 Indemnification ................................. 6.30-6.32 Permits ............................................... 6. i3 Inspection, Final .................................... 14.11 Physical Conditions ................................... 4.2 Inspection, Tests and ................................. 13.3 Physical Conditions--Engineer's review ............. 4.2.4 Insurance, Bonds and--in general ....................... 5 Physical Conditions---axisting structures ............. 4.2.2 Insurance, Ccrtificatcs of ........................... 2.7, 5 Physical Conditions---expIorations and reports ....... 4.2.1 Insurance--completed operations ...................... 5.3 Physical Conditions--possible document change ..... 4~2.,5 Insurance, Contractor*s Liability ...................... 5.3 Physical Conditions--price and time adjustments .... 4.2.5 Insurance, Contractual Liability ....................... 5.4 Physical Conditions--report of differing ............. 4.2.3 Insurance, Owner's Liability .......................... 5.5 Physical Conditions--Underground Facilities .......... 43 Insurance, Property .............................. 5.6-5.13 Pr¢constructlon Confcrance ........................... 2.8 Inaurancc--Waiver of Rights ......................... 5. il Prcliminary Mattcrs ..................................... 2 Intent of Contract Documents ................... 3.3, 9.14 Premiscs. Usc or' . ............................... 6.16-6.18 Interpretations and Clarifications ...................... 9.4 Price, Change of Contract .............................. I I Investigations of physical conditions ................... 4.2 Price-Contract---definition of ............................ Prograss Payment, Applications for ................... 14.2 Labor, Materials and Equipment .................. 6.3-6.5 Prograss Paymcnt--rctainagc ......................... 14.2 Laws and Regulations~definition of ..................... I Progress schedule ............... 2.6, 2.9, 6.6, 6.29, 15.2.6 Laws and Rcgulations--gen era] ....................... 6.14 Project---definition of .................................... 1 Liability Insurance---Contractor's ..................... 5.3 Project Represcntation---provision for ................. 9.3 Liability Insurance---Owner's ..................... ' .... 5.5 Project Reprascntativc, Rcsidcnt---dcfnition of .......... 1 Liens--definitions of ................................ 14.2 Pro. iect, Starting the ................................... 2.4 Limitations on Engineer's Propcrty Insurance ............................... 5.6-5.13 Responsibilities ..................... 6.6, 9. I 1, 9.13-9.16 Property Insurance--Partial Utilization ............... Property Insurance--Receipt and Application Matcrials and cclulpment--furnished by Contractor .... 6.3 of Proceeds ................................... 5.12-5.13 Materials and equipment--not Protection, Safcty and ........................... 6.20-6.21 Li~e'-,~ incorporated in Work .............................. 14.2 Punch list ........................................... 14.11 · :: Materials or equipment--equivalent ................... 6.7 Miscellaneous Provisions ............................... 17 Recommendation of Payment .................. 14~4~ -t4.13 ~ Multi-prime contracts ................................... 7 Record Documents ................................... 6.19 ~ Ret'ercnce Points ...................................... 4.4 I',!otice, Giving of ..................................... 17.1 Regulations, Laws and ............................... 6.14 l'~oticc or' Acceptability of Project ................... 14.13 Rcjecting Defective Work ............................. 9.6 Notice of Award~efinition of .......................... I Related Work at Site .............................. 7.1-7.3 Notice to Proceed--definition of ......................... I Remedies Not Exclusive ............................. 17.4 Notice to Proceed---giving of .......................... 2.3 Removal or Correction of Defective Work ........... 13.11 Resident Project Reprasentative-.-defnition of ........... I "Or-Equal" Items ..................................... 6.7 Resident Project Representative--provision for ........ 9.3 Other contractors ....................................... 7 Responsibilities, Contractor'a--in general ............... 6 Other work .............................................. 7 Responsibilities, Engineer's---in genera[ ................. Overtime Work--prohibition of ........................ 6.3 Responsibilities, Owner's---in general .................... 8 Owner--definition of .................................... I Retainage ..................................... : ...... 14.2 ~ Owner May Correct Defective Work ................. 13.14 Reuse of Documents ........................... ; ...... 3.5 " Owner May Stop Work ............................ :. 13.10 Rights of Way ......................................... 4.1', Owner May Suspend Work, Termlnate .......... 15.1-15.4 Royalties, Patent Fees and ................... ; .......6.12 Owner's Duty to Execute Change Orders ............. ~ Owner's Liability Insurance ....................... ..... 5.5 Sat'cry and Protection ............................ 6.20-6.21 Owner's Reprasentative--Englneer to serve as ........ 9.1 Samples ......................................... 6.23-6.28 Owner's Responsibilities---in general .................... 8 Schedule of progress ........ 2.6, 2.8-2.9, 6.6, 6.29, 15.2.6 Owner's Separate Representative at site ............... 9.3 Schedule of Shop Drawing ', submissions ...................... 2.6, 2.8-2.9, 6.23, 14.1 / Partial Utilization .................................. 14.10 Schedule of values ...................... 2.6, 2.8-2.9, 14.1 Partial Ulifzatior,~--definition of ......................... I Schedules, Finalizlng .................................. 2.9 Partial U[ilization~Property Insurance ............... 5. I5 Shop Drawings and Samples ..................... 6.23-6.28 {~,.. ~ Patent Fees and Royalties ............................ 6.12 Shop Drawings--definition of ............................. I Payments, Recommendation of ........... 14.4-14.7, 14.13 Shop Drawings, use Io approve Payments to Contractor--in general .................... 14 substitutions ...................................... 6.7.3 33 Site. Visits tr.---by Engineer .......................... 9.2 Time. Computalion of . ............................... 17.2 Specifications---definition of ............................. I Time. Contract--definition of .......................... Starting Construction. Before ...................... 2.5-2.8 Starting the Project .................................... 2.4 Uncovering Work ............................... 13.8-13.9 Stopping Work--by Contractor ....................... 15.5 Underground Facilities--definition of .................... Stopping Work--by Owner .......................... 13.10 Underground Facilities--not shown or indicated ..... 4.3.2 Subcontractor--definition of ............................. I Underground Fac es--protection o£ ........... 4.3, 6.20 Subcontractors--in general ....................... 6.8-6.11 Underground Facilities--shown or indicated ......... 4,3.1 Subcon fac s--required provisions ............ 5. I I. I, 6.11 Unit Price Work--definition of .......................... I 11.4.3 Unit Price Work--general ................. 11.9. 14.1.14.5 Substantial Completion--certification of .............. 14.8 Unit Prices ......................................... 11.3. Substantial Completion--definition of .................... I Unit Prices. Determinations £or ....................... 9. l0 Substitute or "Or-Equal" Items ....................... 6.7 Use of Premises .................................6.16-6.18 Subsurface Conditions ............................. 4.2-4.3 Utility owners .......................... 6.13.6.20, 7.2-'/.3 Supplemental costs ................................. I 1.4.5 Supplementary Conditions--definition of ................ I Values. Schedule of ... :: .................... 2.6, 2.9. 14. I Supplementary Conditions--principal Variations in Work--Authorized ............ 6.25, 6.27, 9.5 references to .. 2.2, 4.2.5.1, 5.3, 5.6-5.8, 6.3, 6.13, 6,23, Visits to Site--by Engineer ............................ 9.2 7.4, 9.3 Supplementing Contract Documents ............... 3.4-3.5 Waiver of Claims~n Final Payment ................ 14.16 Supplier---definition of ................................... I Waiver of Rights by insured parties ............. 5.10, 6. I I Supplier--principal references to ... 3.6, 6.5, 6.7-6.9, 6,20, Warranty and Guarantee--by Contractor ............. 13. I 6.24,9.13,9.16, 11.8, 13.4. 14.12 Warranty ofT'tie, Contractor s ....................... 14.3 Surety--consent to payment .................. 14.12. 14.14 Work, Access to ..................................... 13.2 Surety--Engineer has no duty to ..................... 9.13 Work--by others ........................................ 7 Surety--notice to .......................... 10.1, I0.5, 15.2 Work Continuing During Disputes .................... 6.29 Surety---qualification of ........................... 5. I-5.2 Work, Cost of ................................... I 1.4-11.5 Suspending Work, by Owner ......................... 15.1 Work--definition of ..................................... Suspension of Work and Termination--in general ....... 15 Work Directive Change--definition of ................... I Superintendent--Contractor's ......................... 6.2 Work Directive Change--principal Supervision and Superintendence .................. 6.1-6.2 references to ............................ 3.4.3, 10.1-10.2 Work, Neglected by Contractor ..................... 13.14 Taxes--Payment by Contractor ....................... 6.15 Work, Stopping by Contractor ........................ 15.5 Termination--by Contractor .......................... 15.5 Work, Stopping by Owner ....................... 15.1-15.4 Termination--by Owner ......................... 15.2-15.4 Written Amendment---definition of ...................... I Termination, Suspension o£Work and--in general ...... 15 Written Amendment--principal Tests and Inspections ........................... 13.3-13.7 ref'erences to ..................... 3.4.1, 10.1, 11.2, 12.1 Time, Change of Contract .............................. 12 GEN ERA L CON DITION S ,l,:ll,ctivc--An ad. lcctive which when modifying Ihe WOrd Work Wherever used in these General Conditions or in the other has been damaged' poor' In ENGINEER"s recommends ton indicated which are applicable to both the sim, ular trod plul'i¢J thereof: ~ has been assumed by OV4NER at Substantial Completion in accordance with paragraph 14.8 or 14.10). Addend --Wr en or graph c instruments issued prior to the Dra,'it~gs--The drawings which show the character and scope opening of Bids which clarify, correc or change the bidding of the Work to be performed and which have been prepared documents or the Contract Documents. or approved by ENGINEER und are referred to in the Con- Agreement--The written agreement between OWNER and CONTRACTOR covering the Work to be performed; other Effecti~'e Dnte of tire Agreentettt--The date indicated in the a part thereofas provided therein, is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and Applicntion for Paynlent--The form accepted by ENGI- deliver. NEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to include such sup- ENGINEER--The person, firm or corporation named as such porting documentation as is required by the Contract in the Agreement. Field Order--A written order issued by ENGINEER which Bid--The offer or proposa{ of the bidder submitted on the orders minor changes in the Work in accordance with para- prescribed form setting forth the prices for the Work to be graphg. Sbut which does not involve a ehange in the Contract performed. Price or the Contract Time. instruments of security, fications. Change Order--A document recommended by ENGINEER, Laws and Regulations: Laws or Regulations--Laws, rules, which is signed by CONTRACTOR and OWNER and autho- regulations, ordinances, codes and/or orders. rizes an addition, deletion or revision in the Work, or an adjustmentinth¢Contraet Priceor theContractTime,issued Notice of Award--The written notice by OWNER to the on or after the Effective Date of the Agreement. apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent Contract Documents--The Agreement, Addenda (which per- enumerated therein, within the time specified, OWNER wi{I rain to the Contract Documents), CONTRACTOR's Bid sign and deliver the Agreement. (including documentation accompanying the Bid and any post- Notice to Proceed.--A written notice given by OWNER to Bid documentalion submitted prior to the Notice of Award) CONTRACTOR (with a copy to ENGINEER) fixing the date when attached as an exhibit to the Agreement, the Bonds, on which the Contract Time w/l{ commence to run and on theseGeneralConditions, theSupplementaryConditions, the which CONTRACTOR shall start to perform CONTRAC- Specifications and the Drawings as the same are more spe- TOR'S obligations under the Contract Documents. cifically identified in the Agreement. together with all amend- ments, modifications and supplements issued pursuant to OWNER--The public body or authority, corporatio'n, sase- paragraphs 3.4 and 3.5 on or after the Effective Date of the rial{on, firm ~r person with whom CONTRACTOR has entered Agreement. into the Agreement and for whom the Work is to be provided. Contract Price--The moneys payable by OWNER to CON- Partial Utilization--Placing a porlion of the Work in service TRACTOR under the Contract Documents as stated in the for the purpose for which it is intended (or a related purpose) Agreement (subject to (he provisions of paragraph 11.9.1 in before reaching Substantial Completion for al{ the Work. the case of Unit Price Work). Project--The total construction of which the Work to be Contract Time--The number of days (computed as provided provided under the Contract Documents may lac tho whole, in paragraph 17.~) or the date stated in the Agreement for the or a part as indicated elsewhere in the Contract Documents. comp[etlon of the Work. Resident Project Representative--The authorized rep~'esen- CONTRACTOR~The person, firm or corporation with whom tative of ENGINEER who is assigned to the site or any part OWNER has entered into thc Agreement. lhereof. Shop Drawings--All drawings, die. grams, illustrations, ordering an addition, deletion or rcvisiofi in the Work, or schedules and other data which arc specifically prepared by responding to differing or nnforeseen physical conditions under or for CONTRACTOR to illustrate some portion of the Work which the Work is to be performed as provided in pa~'agmph and all illustrations, brochures, standard schedules, pcrfor- 4.2 or 4.3 or to emergencies under paragraph 6.22. A Work mance charts, instructions, diagrams and other information Directive Change may not change the Contract Price or the prepared by a Supplier and submitted by CONTRACTOR to Contract Time, but is evidence that the parties expect that illustra~ematerialorequipmentforsomeporfionoftheWork, the change directed or documented by a Work Directive Change will be incorporated in a subsequently issued Change Specifications--Those portions of the Contract Documents Order following negotiations by the parties as to its effect, if consisting of written technical descriptions of materials, any, on thc Contract Price or Contract Time as provided in equipment, construction systems, standards and workman- paragraph 10.2. ship as applied to the Work and certain administrative details applicable thereto. Wr#ten Amendment--A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or Subcontractor--An individual, firm or corporation having a after the Effective Date of the Agreement and normally deal- direct contract with CONTRACTOR or with any other Sub- ing with the noneagineedng or nontechnical rather than strictly contractor for the performance of a part of the Work at the Work-related aspects of the Contract Documents. site. SubstantialCompletion--The Work (or a specffied part thereof) has progressed to the point where, in the opinion of ENGI- ARTICLE 2--PRELIMINARY MATTERS NEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently complete, in DellveryofBonds: accordance with the Contract Documents, so that the Work (or ~pecified part) can be utilized for the purposes for which 2. I. When CONTRACTOR delivers the executed Agree- it is intended; or if there be no such certificate issued, when ments to OWNER, CONTRACTOR shall also deliver to final payment is due in accordance with paragraph 14.I% The OWNER such Bonds as CONTRACTOR may be required to terms "substantially complete" and "substantially corn- furnish in accordance with paragraph 5.I. pleted" as applied to any Work refer to Substantial Comple- tion thereof. Copies of Documents: Supplementer), Condition$~The part of the Contract Docu- 2.2. OWNER shall furnish to CONTRACTOR up to ten merits which amends or supplements these General Condi- copies (unless otherwise specified in the Supplementary Con- ditions) of the Contract Documents as are reasonably nee- lions, essary for the execution' of the Work. Additional copies will Supplier--A manufacturer, fabricator, supplier, dlstributo, r, b~ furnished, upon request, at the cost of reproduction. materialman or vendor. * Commencement of Contract Time; Notice to Proceed: Underground Facilltie$--All pipelines, condults,ducts,'cables, 2.3. The Contract Time will commence to run on the wires, manholes, vaults, tanks, tunnels orother such facilities thirtieth day after the Effective Date of the Agreement, or, if or attachments, and any eucascments containing such fac[l- a Notice to Proceed is given, on the day indicated in the it[es which have been installed underground to furnish any of ~loticc to Proceed. A Notice to Proceed may be given at any the following services or materials: electricity, gases, steam, time within thirty days after the Effective Date of the Agree- liquid petroleum products, telephone or other communion- mem. In no event will the Contract Time commence to run lions, cable television, sewage and drainage removal, traffic later than the seventy-fifth day after the day of Bid op~ning or other control systems or water, or the thirtieth day after thc Effective Date of th~Agraement. whichever date ia earlier. Unit Pdce Work--Work to b¢ paid for on ~he basis of unit ptlces. Starflng the Project: Work--Thccntirecompletedcoustructionorthevarioussep' 2.4. CONTRACTOR shall start to perform the Work on arately identifiable parts thereof required to be furnished the date when the Contract Time commences to run, but no under the Contract Documents. Work is the result of per- Work shall be do'ne at the site prior to the date on which the forming services, furnishing labor and furnishing and incor- Contract Time commences to ran. l~arafing materials and equipment into the construction, all as required by the Contract Documents. Before Staffing Construction: Work Directive Chenge--A written directive to CONTRAC- 2.5. Before undertaking each part of the Work, CON- TOR, issued on or after the Effective Date of thc Agreement TRACTOR shall carefully study and compare the Contract and s~gned by OWNER and rocommcndcd by ENGINEER, Documents and check and verify pertinent figures shown *See Supplementary Cond/tfons 3'6 thereon and all applicable field measurements. CONTRAC- graph 2.6. The finalized progress schedule ',viii be acceptable TOR shall promptly report in ,.vdting to ENGINEER any to ENGINEER as providing an orderly progression of tile conflict, error or discrepancy which CONTRACTOR ma}' Work to completion within thc Contract Time, hut such discover and shall obtain a written interpretation or cladfi- acceptancewillneitherimpos¢on ENGINEERresponsibillt¥ cation from ENGINEER before proceeding with any Work for the progress or scheduling of the Work nor relieve CON- affected thereby; however, CONTRACTOR shall not be fia- TRACTOR from full responsibility there[or. The finalized hie to OWNER or ENGINEER for failure to report any schedule of Shop Drawing submissions will be acceptable to conflict, error or discrepancy in the Contract Documents, ENGINEER as providing a workable arrangement for pro- unIess CONTRACTOR had actual knowledge thereul'or should cessing the submissions. The finalized schedule of values will reasonably have known thereof, be acceptable to ENGINEER as to form and substance. 2.6. Within ten days after the Effective Date of the Agree- ment (unless otherwise specified in the General Require- ARTICLE 3--CONTRACT DOCUMENTS: INTENT, merits), CONTRACTOR shall submit to ENGINEER for AMENDING, REUSE review; 2.6.1. an estimated progress schedule indicating the Intent: starting and completion dates of the various stages of the 3. I. The Contract Documents comprise the entire .agree- Work; merit between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is 2.6.2. a preliminary schedule of Shop Drawing sub- called for by one is as binding as if called for by alt. The missions; and Contract Documents will be construed in accordance with the law of the place of the Project· 2.6.3. a preliminary schedule of values for ail of the Work which wiff include quantifies and prices of items * 3.2. It is the intent of the Contract Documents to describe aggregatingtheContract Priceandwillsubdividethe Work a functionally complete Project (or part thereol) to be con- into component parts in sufficient detail to serve as the stt:ucted in accordance with the Contract Documents. Any basis for progress tmyments during construction. Such Work, materials or equipment that may reasonably be inferred prices will include an appropriate amount of overhead and from the Contract Documents as being required to produce profit applicable to each item of Work which will be con- whether the intended result will be timed in writing by CONTRACTOR at the time of sub- called for. When words which have a well-known technical mission, or trade meaning are used to describe Work, materials or equipment such words shall be interpreted in accordance with 2.7. Before any Work at the site is started, CONTRAC- that meaning. Reference to standard specificatlotis, manuals TOR shall deliver to OWNER, with a copy to ENGINEER, or codes of any techmcal society, organization or assoulat'on, certificates (and other evidence of insurance requested by or to the Laws or Regulations of any governmental authority, OWNER) whichCONTRACTORisrequiredto porchaseand whether such reference be specific or by implication, shall maintain in accordance with paragraphs 5.3 and 5.4, and mean the latest standard specification, manual, code or Laws OWIqER shall deliver to CONTRACTOR certificates (and or Regulations in effect at the time of opening of Bids (or, on other evidence of insurance requested by CONTRACTOR) the Effective Date of the Agreement if there were no Bids), which OWNER is required to purchase and maintain in except as may be otherwise specifically stated. However, no accordance with paragraphs 5.6 and 5.7. provision of any referenced standard specification, manual orcode (whetheror not specifically incorporated by reference in the Contract Documents) shall be effective to change the Preconstruction Conference: duties and responsibilities of OWNER, CONTRACTOR or 2.8. Within twenty days after the Effective Date of thc ENGINEER, of their consultants, agents or employ- or Agreement, but before CONTRACTOR starts thc Work at ecs from those set forth in thc Contract Documents, nor sha![ the site, a conference attended by CONTRACTOR, ENGI- it be effective to assign to ENGINEER, or any of ENGI- ' NEER and others as appropriate will be held to discuss the NEER's consultants, agents or employees, any duty or schedules referred to in paragraph 2.6, to discuss procedures authority to supervise or direct the furnishing or performance for handling Shop Drawings and other submittals and for of the Work or any duty or authority to undertake responsi- processlagApplicatiansforPayment,andtoestablishaworking bility coutrkry to the provisions of paragraph 9.15 or 9.16. understanding among the parties as to the Work. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. Finalizlng$chedtdes: 3.3. If, during the performance of tbe Work, CONTRAC- 2.9. AtleaattendaysbeforcsubmlsslonofthefirstAppli- TON finds a conflict, error or discrepancy'in thc Contract cation for Payment a conference attended by CONTRAC- Documents, CONTRACTOR shall so report to ENGINEER TOR, ENGINEER and others as appropriate will be held to in writingat once and befog proceedingwith theWorkaffected finalize the schedules submitted in accordance with para- thereby shall obtain a written interpretation or claritlcatlon · See Supplementary Conditions 37 from ENGINEER; however, CONTRACTOR shall not be such other lands which are designated for the use of CON- liable to OWNER or ENGINEER for failure to report any TRACTOR. Easements for permanent structures or perma- conflict, error or discrepancy in the Contract Documents neat changes in existing facilities ,.viii be obtained and pain unless CONTKACTORhadactual knowledge thereof or should for by OWNER, unless otherwise provided in the Contract reasonably have known thereof. Documents. If CONTRACTOR believes that any delay in OWNER's furnishing these lands, rights-of, way or ease- ments entities CONTRACTOR to an extension of the Con- Amending andSupplementlng Contract Documents: tract Time, CONTRACTOR may make a claim therefor as 3.4. The Contract Documents may be amended to pro- provided in Article 12. CONTRACTOR shall provide for all vide for additions, deletions and revisions in the Work or to additional lands and access thereto that may be required for" modify the terms and conditions thereof in one or mare of temporary construction facilities or storage of materials and the following ways: equipment. 3.4.1. a formal Written Amendmem, Physical Conditions: 3.4.2. a Change Order (pursuant to paragraph 10.4), * 4.2.1. Explorations nttd Reports: Reference is made or to the Supplementar~ Conditions for identification of those reports of explorations and tests of subsurface conditions 3.4.3. a Work Directive Change (pursuant to para- at the site that have been utilized by .ENGINEER in prep- graph 10.IL ~ration of the Contract Documents. CONTRACTOR may rely upon the accuracy of the technical data contained iff As indicated in paragraphs 11.2 and 12.1, Contract Price and such repons, but not upon nontechnical data, interprets- Contract Time may only be changed by a Change Order or a dons or opinions contained therein or for the completeness Written Amendment. thereof for CONTRACTOR's purposes. Except as indi- cated in the immediately preceding sentence and in para- 3,5. In addition, the requirements of the Contract Docu- graph 4.2.6, CONTRACTOR shah have full responsibility meats may be supplemented, and minor variations and devia- with respect to subsurface conditions at the site. dons in the Work may be authorized, in one or more of the foffow/ng ways: 4.2.2. Existing Structures: Reference is made to the Supplementary Conditions for identification of those 3.$.1. a Field Order (pursuant to paragraph 9.5), drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground 3.~.2. ENGINEER's approval of a Shop Drawing or Facilities referred to in paragraph 4.3) which are at or sample (pursuant to paragraphs 6.26 and 6.27}, or contiguous to the ske that have been utilized by 'ENGi-' NEER in preparation of the Contract Documents. CON- 3.5.3. ENGL,NEER's written interpretation or cladfi- TRACTOR may rely upon the accuracy of the technical cation (pursuant to paxagraph 9.4). data contained in such drawings, but not for the complete- ness thereof for CONTRACTOR's purposes. Except as indicated in the. immediately preceding sentence and in Reuse of Documents: paragraph 4.2.6, CONTRACTOR shall have full respen- 3.6. NeJtber'OON'll<.ACTOR nor any Subcontractor or sibility with respect to physical conditions in or relating Supplier or other person or organization performing or fur- to such structures. nishing any of the Work under a direct or indirect contract with OWNER shall have or ae4ulre any tire to or ownership 4.2.3. Report of Offfering Conditions: If CONTRAC- rights in any of the Drawings, Specifications or other docu- TOR believes that: meats (or copies of any thereof} prepared by or bearing the seal of ENGINEER; and they shall not reuse any of tbem on 4.2.3.l. any technical data on which CONTRAC- extensions of the Project or any other project without written TOR is entitled to rely as provided in paragraphs 4.f.I consent of OWNER and ENGLNEER and specific written and 4.2.2 is inaccurate, or verification or adaptation by ENGINEER. 4.2.3.2. any physical condition uncovered or revealed at the site differs materially from that indi- ARTICLE <---AVAILABILITY' OF LANDS; PHYSICAL cared, reflected or referred to in the Contract Docu- CONDITIONS; REFERENCE POINTS meats, CONTRACTOR shall, promptly after becoming aware AvaEablrayofL~ff~: thereof and before performing any Work in connection 4.1. OWNER shall furnish, as indicated in the Contract therewith (except in an emergency as permitted by para- Documents, the lands upon which the Work is to be per- graph 6.22), notify OWNER and ENGINEER in writing formed, rights-of-way and easements for access thereto, and about the inaccuracy or difference. · See Supplementary Condieions 38 4.2.4. ENGINEER's Ret'Fgw: ENGINEER will determine the extent to which the Comracl Documents promptly review the pertinent conditions, determine the should be modified to reflect and document the conse- necessity of obtaining addilional explorations or tests with quences of t he existence of the Underground Facility, and respect thereto and advise OWN ER in writing (with a copy thc Contract Documents will be amended or supplemented to CONTRACTOR) of ENGINEER's findings and con- to the extent necessary. During such time, CONTRAC- clusions. TOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20. 4.2.5. Possible Document Change: If ENGINEER CONTRACTOR shall be allowed an increase in the Con- concludes that there is a material error in the Contract tract Price or an extension of the Contract Time, or both, Documents or that because of newly discovered condi- to the extent that they are attributable to the existence of lions a change in the Contract Documents is required, a any Underground Facility that was not shown or indicated Work Directive Change or a Change Order will be issued in the Contract Documents and which CONTRACTOR as provided in Article 10 to reflect and document the could not reasonably have been expected to be aware oL consequences of the inaccuracy or difference. If the parties are unable to agree as to the amount or length thereof, CONTRACTOR may make a claim therefor as 4.2.6. PosslbIe Price atto Time Adjustments: In each provided in Articles 11 and 12. such case, an increase or decrease in the Contract Price or an extension or shortening oftbe Contract Time, or any combination thereof, will be allowable to thc extent that Reference Points: they are attributable to any such inaccuracy or difference. 4.4. OWNER shall provide engineering surveys to caleb- If OWNER and CONTRACTOR are unable to agree as to lish reference points for construction which in ENGINEER's theamountorlengththereof, aclaimmaybemadetberefor judgmentarenecessarytoenableCONTRACTORtoproceed as provided in Articles 11 and 12. 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 Physical Conditions--Underground Facilities: reference points and shall make no changes or relocations 4.3.1. Shown or Indicated: The information and data without the prior written approval of OWNER. CONTRAC- shown or indicated in the Contract Documents w/th respect TOR shall report to ENGINEER whenever any reference to existing Underground Facilities at or contiguous to the point is lost or destroyed or requires relocation because of site is based on information and data furnished to OWNER necessary changes in grades or locations, and shall be respon- or ENGINEER by the owners of such Underground Facil- sible for the accurate replacement or relocation of such tel- tries or by others. Unless it is otherwise expressly pro- erence points by professionally qualified personnel. vided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall not be ARTICLES---BONDS AND INSURANCE responsible for the accuracy or completeness of any such information or data; and, Performance and Other Bonds: 4.3.1.2. CONTRACTOR shall have full responsl- 5.1. CONTRACTOR shall furnish performance and pay- bility for reviewing and checking all such information merit Bonds, each in an amount at least equal to the Contract and data, for locating all Underground Facillties shown Pdcq as sccurity for the falthful parformanee and payment of or indicated in the Contract Documents, for coordina- all CONTRACTOR's obligations under the Contract Docu- lion of the Work with the owners of such Underground merits. These Bonds shall remain in effect at least until one Facilities during construction, for the safety and pro- year after the date when final payment becomes due, except tcction thereof as provided in paragraph 6.20 and as otherwise provided by Law or Regulation or by the Con- repairing any damage thereto resulting from the Work, tract Documents. CONTRACTOR shall also furnish such the cost of all of which will be considered as having other Bonds as are required by the Supplementary Condi-' been included in the Contract Price. tlons. All Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents and be executed 4.3.2. Not Shown or Indicated. If an Underground by such sureties as are named in the current list of "Corn- Facility is uncovered or revealed at or contiguous to the panics Holding Certificates of Authority as Acceptable Sure- site which was not shown or indicated in the Contract ties on Federal Bonds and as Acceptable Reinsuring Corn- Documents and which CONTRACTOR could not reason- panles" as published in (2iroular 570 (amended) by the Audit ably have been expected to be aware of, CONTRACTOR Stuff Bureau of Accounts, U.S. Treasury Department. Ail shall, promptly after becoming aware thereof and beforo Bonds signed by an agent must be accompanied by a certified performing any Work affected thereby (except in an emer- copy of the authority to act. gency as permitted by paragraph 6.22), identify the owner of such Underground Facility and give written notlcc thereof 5.2. If thc surety on any Bond furuishcd by CONTRAC- to that owner and to OWNER and ENGINEER. ENGI- TOR is declared a bankrupt or becomes insolvent ot;it~ right NEER will promptly review thc Underground Facility to to do business is terminated in any state where any part of 39 thc Projccl is localed or it ceases to mcct Ibc rcquJrcmcms thirty days' prior written notice has been givcn Io OWNER of paragraph 5.1, CONTRACTOR s~all within five days and ENGINEER by certified mail. All such insurance shall thereafter substitute another Bond and Surety, both of which remain in effect until final payment and at all times thereafter must be acceptable to OWNER. when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with paragraph 13.12. In addition, CONTRACTOR shall maintain such completed Contractor's la~bility Insurance: operations insurance for at least two years after final payment * 5.3. CONTRACTOR shall purchase and maintain such and furnish OWNER with evidence of continuation of such comprehensive general liability and other insurance as is insurance at final payment and one year thereafter. appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's peffor- ContractualLiability Insurance: mance and furnishing of the Work and CONTRACTOR's * 5.4. Thecomprehenslvegeneralliabilityinsurancernqulred other obligations under the Contract D~cuments, whether it by paragraph 5.3 will include contractual liability insurance is to be performed or furnished by CONTRACTOR, by any applicable to CONTRACTOR's obligations under paragraphs Subcontractor, by anyone directly or indirectly employed by 6.30 and 6.31. any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: Owner's Liability Insurance: 5.3.1. Claims under workers' or workmen's compen- sation, disabilitybenefitsandothersimilaremployceben- 5.5. OWNER shall be responsible for purchasing and cfit acts; maintaining OWNER's own liabil, ky insurance and, at OWNER's option, may purchase and maintain such insur- 5.3.2. Claims for damages because of I~d/ly injury, anco as will protect OWNER against claims which may arise occupational sickness or disease, or death of CONTRAC- from operations under thc Contract Documents. TOR's employees; 5.3.3. Claims for damages because of bodily injury, Property Insurance: sickness or disease, or death of any person other than 5.6. Unless otherwise provided in the Supplementary CONTRACTOR's employees; Conditions, OWNER shall purchase and maintain property insurance upon the Work at the site to the full insurable value 5.3.4. Claims for damages insured by personal injury thereof (subject to such deductible amounts as may be pro- liability coverage which are sustained (a) by any person rider in the Supplementary Conditions or required by Laws as a result of an offense directly or indirectly related to and Regulations). This insurance shall include the interests the employment of such person by CONTRACTOR, or of OWlqER, CONTRACTOR, Subcontractors, ENGINEER (b) by any other person for any other reason; and ENGINEER's consultants in the Work, all of whom ~halt be listed as insureds oradditional insured parties, shall insure 5.:5.5. Claims for damages, other than to the Work against the perils of fire and extended coverage and shall itself, because of injury to or destruction of tangible prop- include "ail risk" insurance for physical loss and damage erty wherever Iocated, including loss of usc resulting including theft, vandalism and malicious mischief, collapse therefrom; and water damage, and such other peris as may be provided in the Supplementary Conditions, and shall include damages, 5.3.6. Claims arising out of operation of Laws or Rug- losses and expenses axising out of or resultiag from any insured uladons for damages because of bodily injury or death of loss or incurred in the repair or replacement of any insured any person or for damage to property; and property (including but not limited to fees and charges of engineers, architects, attorneys and other professionals). If 5.3.7. Claims for damages because of bodily injury or not covered under the "all risk" insurance or otherwise pro- death of any person or property damage arising out of the vided in the Supplementary Conditions, CONTRACTOR shall ', ownership, malnte hence or use of any motor vehicle, purchase and malntain similar property insurance on portions of the Work stored on and off the site or in transit when such The insurance required by this paragraph 5.3 shall include portions of the Work are to be included in an Application for the specific coverages and be written for not less than the Payment. limits of liability and coverages provided in the Supplemen- tary Conditions, or required by law, whichever is greater. *5.7. OWNERshallpurchaseandmalntalnsuchboilerand The comprehensive general liability insurance shall include machinery insurance oraddltional property insurance as may completed operations insurance. All of the policies of insur- be required by the Supplementary Conditions or Laws and ~nce so required to be purchased and maintained (or the Regulatlons which will include the interests of OWNER, certificates or other evidence thereo0 shall contain a provi- CONTRACTOR, Subcontractors, ENGINEER AND sion or endorsement that the cover~c afforded will not be ENGINEER's consultants in the Work, all of whom shall be cancelled, materially changed or renewal refused until at least listed as insured or additional insured parties. *See Supplementary Conditions 4~ 5.8. All the policies of insurane~ (or the ccrtificales or such waiver forms arc required of an), Subcomractor, {';: other evidence thereo0 required to be purchased lind main- CONTRACTOR will obtain thc same. { rained by OWNER in accordance with paragraphs 5.6 and 5.7 ,,viii contain a provision or endorsement thal thc coverage afforded will not be cancelled or materially changed or renewal Receipt attd Application of Proceeds: refuseduntilatleastthirtydays'priorwrittennoticehasbeen 5.12. Any insured loss under the policies of insurance given to CONTRACTOR bi,' certified mail and will contain rcquired by paragraphs 5.6 and 5.7 will be adjusted with waiver provisions in accordance with paragraph 5. I 1.2. OWNER and made payable to OWNER as trustee for the insurers, as their interests may appear, subject to the require- 5.9. OWNER shall not be responsible for purchasing and ments of any applicable mortgage clause and o,r paragraph maintaining any property insurance to protect the interests 5.13. OWNER shall deposit in a separate account any money of CONTRACTOR, Subcontractors or others in the Work to so received, and shall distribute it in accordance with such the extent of any deductible amounts that are provided in the agreement as the parties in interest may reach. If no other Supplementary Conditions. The risk of loss within the special agreement is reached the damaged Work shall be deductible amount, will be borne by CONTRACTOR, Sub- repaired or replaced, the moneys so received applied on contractor or others suffering any such loss and ifanyofthem account thereof and the Work and the cost thereof covered wishes property insurance coverage within the limits of such by an appropriate Change Order or Written Amendment. amounts, each may purchase and maintain it at the purchas- er's own expense. 5.13. OWNER as trustee shall have power to adjust and settle any loss with the insurers unless one of the parties in 5.10. If CONTRACTOR requests in writing that other interest shall object in writing within fifteen days alter the special insurance be included in the property insurance poi- occurrence of loss to OWNER's eaercise of this power. If icy, OWNER shall, if possible, include such insurance, and such objection be made, OWNER as trustee shall make set- the cost thereof will be charged to CONTRACTOR by appro- dement with the insurers in accordance with such agreement pilate Change Order or Written Amendment. Prior to cpm- as the parties in interest may reach. If required in writing by mencement of the Work at the site, OWNER shall in writing any party in interest, OWNER as trustee shall, upon the advise CONTRACTOR whether or not such other insurance occurrence of an insured loss, give bond for the proper per- has been procured by OWNER. formance of such duties. Waiver of Rights: Acceptance of Insurance: 5.1 l.I. OWNER and CONTRACTOR waive all rights 5.14. If OWNER has any objection to the coverage afforded against each other for all [osses and damages caused by by or other provisions of the insurance required to be put- any of the perils covered by the policies of insurance chased and maintained by CONTRACTOR in accordance provided in response to paragraphs 5.6 and 5.7 and any with paragraphs $.3 and 5.4 on the basis of its not compIying other propenyinsarance applicable to the Work, andalso with the Contract Documents, OWNER shall notify CON- waive all such rights against the Subcontractors, ENGI- TRACTOR in writing thereof within ten days of thc date of NEER, ENGINEER's consultants and all other parties delivery of such certificates to OWNER in accordance with named as insureds in such policies forlossesand damages paragraph 2.7. If CONTRACTOR has any objection Io the so caused. As required by paragraph 6.1 I, each subcon- coverage afforded by or other provisions of the policies of tract between CONTRACTOR and a Subcontractor will insurancerequiredtobe purchasedand maimained byOWNER contain similar waiver provisions by the Subcontractor in in accordance with paragraphs 5.6 and 5.7 on the basis of favorofOWNER, CONTRACTOR, ENGINEER, ENGI- their not complying with the Contract Documents, CON- NEER's consultants and all other parties named as insurcds. TRACTOR shall notify OWNER in writing thereof within ten None of the above waivers shall extend to the rights that days of the date of delivery of such certificates to CON- any of the insured parties may have to the proceeds of TRACTOR in accordance with paragraph 2.7. OWNER and insurance held by OWNER as trustee or otherwise p.ay- CONTRACTOR shall each provide to the other such addi- able under any policy so issued, tional information in respect of insurance provided by each as the other may reasonably request. Failure by OWNER or 5.11.2. OWNER and CONTRACTOR intend that any CONTRACTOR to give any such notice of objection within policies provided in response to paragraphs 5.6 and 5.7 the time provided shall constitute acceptance of such insur- shall protect all of the parties insured and provide primary ance purchased by the other as complying with the Contract coverage for all losses and damages caused by the perils Documents, covered thereby. Accordingly, all such policies shall con- taio provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of Partial Utilization--Prop}try Insurance: recovery against any of the panics named as insurers or 5.15. If OWNER finds it necessary to occupy or use a ~.~ additional insurers, and if the insurers require separate portion or portions of the Work prior to Substantial Comple- · waiver forms to be signed by ENGINEER or ENGI- tion of all thc Work, such use or occupancy may be accom- NEER's consultant OWNER will obtain the same, and if plished in accordance with paragraph 14.10; provided that no such usc or occupancy shall commcncc before thc insurers 6.5. All materials and equipment shaft be of good quality providing the properW insurance ha& acknowledged notice and new. except as otherwise provided in the Comrnct Doc- thereofandinwfitingeffectedthechangcsincoveragencces- urnents. If required by ENGINEER, CONTRACTOR shall sitated thereby. The insurers providing the property insur- furnish satisfactory evidence (including rcpotXs of required anco shall consent by endorsement on the policy or policies, testsl as to the kind and quality of materials and equipment. but the property insurance shall not be cancelled or lapse on All materials and equipment shall be applied, installed, con- account of any such parlial use or occupancy, hooted, erected, used, cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents; but no pro- vision of any such instructions will be effective to assign to ARTICLE 6.--CONTRACTOR'S RESPONSIBILITIES 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- Supervision and Superintendence: ity to undertake responsibility contrary to the provisions of 6.1. CONTRACTOR shall supervise and direct the Work paragraph 9.15 or 9.16. competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Doe- Adjusting Progress Schedule: uments. CONTRACTOR shall be solely responsible for the 6.6. CONTRACTOR shall submit to ENGINEER for means, methods, techniques, sequences and procedures of acceptance (to the extent indicated in paragraph 2.9) adjust- construction, but CONTRACTOR shall not be responsible merits in the progress schedule to reflect the impact thereon for the negligence of others in the design or selection of a of new developments; these will conform generally to the specific means, method, technique, sequence or procedure progress schedule then in effect and additionally will comply of construction which is indicated in and required by the with any provisions of the General Requirements applicable Contract Documents. CONTRACTOR shall be responsible thereto. to see that the finished Work complies accurately with the Contract Documents. Substitutes or "Or-Equal" Items: 6.2. CONTRACTOR shall keep on the Work at all times 6.7.1. Whenever materials or equipment are specified during its progress a competent resident superintendent, who or described in the Contract Documents by using the name shall not be replaced without written notice to OWNER and ora proprietary item or the name of a particular Supplier ENGINEERexeept under extraordinary circumstances. The the naming of the item is intended to establish the type, superintendent will be CONTRACTOR's representative at. function and quality required. Unless the name is followed .. the site and shall have authority to act on behalf of CON- by words indicating that no substitution is permitted, TRACTOR. All communications given to the superintendent materials or equipment of other Suppliers may be accepted shall be as binding as if given to CONTRACTOR. by ENGINEER if sufficient information is submitted by CONTRACTOR to allow ENGINEER to determine that the material or equipment proposed is equivalent or equal Labor, Maleri. al$ andEqulpment: to that named. The procedure for review by ENGINEER ~6.3. CONTRACTOR shall provMe compotent, suitably will include the following as supplemented in the General qualified personnel to survey and lay out the Work and per- Requirements. Requests for review of substitute items of form construction as required by the Contract Documents. material and equipment will not be accepted by ENGI- CONTRACTOR shall at all timea maintain good discipline NEER from anyone other than CONTRACTOR. If CON- and order at the site. Except in connection with the safety or TRACTOR wishes to furnish or use a substitute item of protection of persons or the Work or property at the site or material or equipment, CONTRACTOR shall make writ- adjacent thereto, and except as otherwise indicated in the ten application to ENGINEER for acceptance 3bereof, Contract Documents, all Work at the site shall be performed certifying that the proposed substitute will perform adc- during regular working hours, and CONTRACTOR will not quately the functions and achieve the results called for by permit overtime work or thc performance of Work on Sat- thc general design, be similar and of equal substance to urday, Sunday or any legal holiday without OWNER's writ- that spocificd and bc suited to thc same usc as that spec- ten consent given after prior written notice to ENGINEER. ified. Thc application will state that thc evaluation and acceptance of thc proposed substitute will not prejudice 6.4. Unless otherwise specified in thc General Require- CONTRACTOR's achievement of Substantial Comple- ments, CONTRACTOR shall furnish and assume full respon- tion on time, whether or not acceptance of the substitute sibility for all materials, equipment, labor, transportation, for use in the Work will require a change in any of the construction equipment and machinery, tools, appliances, Contract Documents (or in the provisions of any other fuel, power, light, heat, telephone, water, sanitary facilities, direct contract with OWNER for work on the Project) to temporary facilities and all other facilities and incidentals adapt the design to the proposed substitute and whether necessary for thc furnishing, performance, testing, start.up or not incorporation or usc of thc substitut~ in conncction and completion of the Work. with the Work is subject to payment of any license fcc or *See Supplementary Conditions 42 royahy. All '.miatinnsofth¢ proposed substitute from Ihat OWN ER and ENGINEER and it' CON I'RACTOR has specilied ,.','ill bc identified in thc*~q*plication and uvaihd',le submitted a list thereof in accordance with the Supple- maimenanc¢, repel: and rcph~ccmcnt SCl-Vice will be indi- meat;try C',m,,litlons. OWNER's or ENGIN E UF"s accept- creed. The application ','.'ill also c,.mtain an itemized esti- tulce {eft hca' in '*','fling or by failing It'. make ,.v~itten obj¢c- mate of all costs that ,.,.'ill resu directly or nd racily from lion thereto by the date indicated for acceptance or objec- acceptance of such substitute, including costs of redesign lion in the bidding ducuments or the Contract Documents) and claims of other contractors affected by the resulting of any such Subcontractor. Supplier or other person or change, all of which shall be considered by ENGINEER organization so identified ma.'., be revoked on the basis of in evaluating the proposed substitute. ENGINEER may reasonable objection after due investigation, in which case require CONTRACTOR to furnish at CONTRACTOR's, CONTRACTORshallsubmitanacccpmblesubstitute,the expense additional data about Ihe proposed substitute. Contract Price will be increased by the difference in the cost occasioned by such substitution and an appropriate 6.'/.2. Ifa specific means, method, technique, sequence Change Order will be issued or Written Amendment signed. or procedu,'e of coast:action is indicated in or required by No acceptance by OWN ER or ENGINEER of any such the Contract Documents, CONTRACTOR may furnish or Subcontractor. Supplier or other person or organization utiliz<: a substitute means, method, sequence, technique shall constitute a waiver of any right of OWNER or ENGI- or procedure of construction acceptable to ENGINEER. NEER to reject defective Work. if CONTRACTOR submits sufficient information to allow ENGINEER to determine that the substitute proposed is · ~ 6.9. CONTRACTOR shall be fully responsible to OWNER equivalent to that indicated or required by Ihe Contract and ENGINEER for all acts and omissions of the Subcon- Documents. The procedur., for review by ENGINEER tractors. Suppliers and other persons and organizations per- wilt be similar to that 13rovided in paragraph 6.7.1 as applied forming or furnishing any of the Work under a direct or by ENGINEER and as may be supplemented in the Gun- indirect contract with CONTRACTOR just as CONTRAC- eraI Requirements. TOR is responsible for CONTRACTOR's own acts and omis- sions. Nothing in the Contract Documents shall create any 6.7.3. ENGINEER will be allowed a reasonable time contractual relationship between OWNER or ENGINEER within which to evaluate each proposed substitute. ENGI- and any such Subcontractor, Supplier or other person or NEER wilI be the sole judge of acceptability, and no organization, nor shall it create any obligation on the part of substitute wilI be ordered, installed or utilized without OWNER or ENGINEER to pay or lo see to the payment of ENGINEER's prior written acceptance which will be evi- any moneys due any such Subcontractor, Supplier or other dented by either a Change Order or an approved Shop person or organization except as may otherwise be required Drawing. OWNER may require CONTRACTOR to fur- by Laws and Regulations. nish at CONTRACTOR's expense a special performance guarantee or other surety wilh respect to any substitute. 6.10. The divisions and sections of Ibc Specifications and ENGINEER will record time required by ENGINEER the identifications of any Drawings shall not control CON- and ENGINEER's consultants in evaluating substitutions TRACTOR in dividing the Work among Subcontractors or proposed by CONTRACTOR and in making changes in Suppliers or delineating the Work to be performed by any the Contract Documenls occasioned thereby. Whether or specific trade. not ENGINEER accepts a proposed substitute, CON- TRACTOR *hall reimburse OWNER for the charges of 6.11. All Work performed for CONTRACTOR by a Sub- ENGINEER and ENGINEER's consultants for evaluat- contractor will be pursuant to an appropriate ag:cement ina each proposed substitute, between CONTRACTOR and the Subcontractor which spe- cifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of Concerning Subcontractors, Suppliers and Others: OWNER and ENGINEER and contains waiver provisions 6.8.1. CONTRACTOR shall not employ any Subeon- as required by paragraph 5.11. CONTRACTOR shall pay tractor, Supplierorotherpersonororganization(including each Subcontractor a just share of any insurafice moneys those acceptable to OWNER and ENGINEER as indl- received by CONTRACTOR on account olios*es under poi- cared in paragraph 6.8.2), whether initially or as a substi- icies issued pursuant to paragraphs 5.6 and 5.7. tutu, against whom OWNER or ENGINEER may have reasonable objection, CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or Patent Fees and Royalties: organizatlonto fumishorperformanyoftheWorkagainst 6.12. CONTRACTOR shall pay all license fees and roy- whom CONTRACTOR has reasonable objection, aries and assume all costs incident to the use in thc peri'or- 6.8.2. If Ibc Supplementary Conditions require the manta of the Work or the incorporation in the Work of any identity of certain Subcontractors, Suppliers or other per- invention, design, process, product or device which is the sons or organizations (including those who are to furnish subject of.patent rights or copyrights held by others. If a the principal items of materials and equipment) to be sub- particular invention, design, process, product or device is mltled to OWNER in advance of the specified date prior specified in thc Contract Documents for usc in thc pc:for- to the Effective Date ot' thc Ag:cement for acccptancc by manet of thc Work and if to thc actual knowledge of 0WNER · See Supplementary Conditions 43 orENGINEERits useissubjecttopaten[rightsorcopyrights place of the Project wlfich are applicable during the pecfor- calling for the paymen: of any license fcc:or royalty to others, mancc of the Work. thc existence of such rights shall be disclosed by OWN ER in lhe Contract Documents. CONTRACTOR shah indemnify and hold harmless OWNER and ENGINEER and anyone Use of Premlses: directly or indirectly employed by either of them from and 6.16. CONTRACTOR shall confine construction equip- against all claims, damages, losses and expenses (including ment, the storage of materials and equipment and the oper- attorneys' fees and court and arbitration costs) arising out of aligns of workers to the Project site and land and areas iden- any infringement of patent rights or copyrights incident to tiffed in and permitted by the Contract Documents and other the use in the performance of the Work or resulting from the land and areas permitted by Laws and Regulations, fights- incorporation in the Work of any invention, design, process, of-way, permits and easements, and shall not unreasonably product or device not specified in the Contract Documents, encumber the premises with construction equipment or other andshalldefendallsuchclaims'inconnectionwithanyallaged materials or equipment. CONTRACTOR shall assume full infringement of such fights, 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. Permits: Should any claim be made against OWNER or ENGINEER * 6.13. Unless other~vise provided in the Supplementary by any such owner or occupant because of the performance Conditions, CONTRACTOR shall obtain and pay for all con- of the Work, CONTRACTOg shall promptly attempt to settle struction permits and licenses. OWNER shall assist CON- with such other party by agreement or otherwise resolve the TRACTOR, when necessary, in obtaining such permits and claim by arbitration or at law. CONTRACTOR shall, to the licenses. CONTRACTOR shall pay all governmental charges fullest extent permitted by Laws and Regulations, indemnify and inspection fees necessary for the prosecution of the Work, and hold OWNER and ENGINEER harmless from and against which are applicable at the time of opening of Bids, or if there all claims, damages, losses and expenses (including, but not are no Bids on the Effective Date of the Agreement. CON- limited to, fees of engineers, architects, attorneys and other TRACTOR shall pay all charges of utility owners for con- professionals and court and arbltrationcosts)arisingdirectly, nections to the Work, and OWNER shall pay all charges of indirectly or consequentially out of any action, legal or equi- such utility owners for capital costs related thereto such as table, brought by any such other party against OWNER or ENGINEER to the extent based on a claim arising out of plant investment fees. CONTRACTOR's performance of the Work. LawsandRegulatfons: 6.17. During the progress of the Work, CONTRACTOR 6.14.1. CONTRACTOR shall give all notices and shall keep the premises free from accumulations of waste comply with ali Laws and Regulations applicable to fur- materials, rubbish and other debris resulting from the Work. nishing and performance of the Work. Except where otb- At the completion of the Work CONTRACTOR shall remove erwlse expressly required by applicable Laws and Regu- all waste materials, rubbish and debris from and about the lations, neither OWNER nor ENGINEER shall be respon- premises as well as all tools, appliances, construction equip- sine for monitoring CONTRACTOR's compliance with merit and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by OWNER. CON- any Laws or Regulations. TRACTOR shall restore to original condition all property not 6.14.2. If CONTRACTOR observes that the Specifi- designated for alteration by the Contract Documents. cations or Drawings are at variance with any Laws or Regulations, CONTRACTOR shall give ENGINEER 6.18. CONTRACTOR shall not load nor permit any part prompt written notice thereof, and any necessary changes of any structure to be loaded in any manner that will endanger will be authorized by one of the methods indicated in the structure, nor shall CONTRACTOR subject anypart of paragraph 3.4. If CONTRACTOR performs any Work the Work or adjacent property to stresses or pressures that knowing or having reason to know that it is contrary to will endanger it. such Laws or Regulations, and without such notice to ENGINEER, CONTRACTOR shall bear all costs arising therefrom; however, it shall not be CONTRACTOR's pr- Record Documents: mary responsibility to make certain that the Specifications 6.19. CONTRACTOR shall maintain in a safe place at and Drawings are in accordance with such Laws and the site one record copy of all Drawings, Specifications, Regulations. Addenda, Written Amendments, Change Orders, Work Directive Changes, Field Orders and written interprctatioas and clarifications (issued pursuant to paragraph 9.4) in good Taxes: order and annotated to show all changes made during con- * 6.15. CONTRACTOR shall pay all sales, consumer, use struction. Thaserecorddocumentstogetherwithallapproved and other similar taxes required to be paid by CONTRAC- samples and a counterpart of all approved Shop Drawings TOR in accordance with the Laws and Regulations of the will be available to ENGINEER for reference. Upon corn- *See Supplementary Conditions 44' Shop Drawings will be delivered to F,.*NGIN EER for O\VNER. -~ 6 .... In emergencies affecting the safety or protection of CONTRACTOR. without special instruction or authorization Safety andProteetion: from ENGINEER or OWNER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give *6.20. CONTRACTOR shall be responslble for initiating. ENGINEERpromptwrittennoticeifCONTRACTORbelicves maintaining and supervising all safety precautions and pro- that any significant changes in the Work or variations from grams in connection with the Work. CONTRACTOR shall the Contract Documents have been caused thereby. If ENGI- take all necessary precautions for the safety of, and shall NEER determines that a change in the Contract Documents provide the necessa~' protection to prevent damage, injury is required because of Ihe action taken in response to an or loss to: emergency, a Work Directive Change or Change Order will be issued to document the consequences of the changes or 6.20.1. all employees on the Work and other persons variations. and organizations who may be affected thereby; 6.20.2. all the Work and materials and equipment to 5hopOra~qngsandSara£1es: be incorporated therein, whether in storage on or off the 6.23. After checking and verifying all field measurements site; and and after complying with applicable procedures specified in the General Requirements, CONTRACTOR shall submit to 6.20.3. other property at the site or adjacent thereto, ENGINEER for review and approval in accordance with the including trees, shrubs, lawns, walks, pavements, road- accepted schedule of Shop Drawing submissions (see para- ways, structures, utilities and Underground Facilities not graph 2.9), or for other appropriate action if so indicated in designated for removal, relocation or replacement in the the Supplementary Conditions, five copies (unless otherwise course of construction, specified in the General Requirements) of all Shop Drawings, which will bear a stamp or specific written indication that CONTRACTOR shall comply with all appficable Laws and CONTRACTOR has satisfied CONTRACTOR's responsio Regulations of any public body having jurisdiction for the bilities under the Contract Documents with respect to the safety of persons or propertyor to protect them ffomdamage, review of the submission. All submissions will be identified injury or loss; and shall erect and maintain all necessary as ENGINEER may require. The data shown on the Shop safeguards for such safety and protection. CONTRACTOR Drawings will be complete with respect to quantities, dimen- shall notify owners of adjacent property and of Underground signs, specified performance and design criteria,- materials Facilities and utility owners ,.,,'hen prosecution of the Work and similar data to enable ENGINEER to review the infor- may affect them. and shall cooperate with them in the pro- marion as required. tection, removal, relocation and replacement of their prop- erty. All damage, injury or loss to any property referred to 6.24. CONTRACTOR shall also submit to ENGINEER in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, for review and approval with such promptness as to cause in whole or in part, by CONTRACTOR, any Subcontractor, no delay in Work, all samples required by the Contract Doc- Supplier or any other person or organization directly or indi- uments. All samples will have been checked by and accom- reedy employed by any of them to perform or furnish any of panied by a specific written indication that CONTRACTOR theWorkoranyoneforwhoseactsanyo['themmaybcliable, has satisfied CONTRACTOR's responsibilities under the shall be remedied by CONTRACTOR (except damage or loss Contract Documents with respect to the review of the sub- attributable to the fault of Drawings or Specifications or to mission and will be identified clearly as to material, Supplier. the acts or omissions of OWNER or ENGINEER or anyone pertinent data such as catalog numbers and the use for which employed by either of them or anyone for whose acts either intended. of them may be liable, and not attributable, directly or indi- rectly, in whole or in part, to the fault or negligence of CON- 6.25.1. Before submission of each Shop Drawing or TRACTOR). CONTRACTOR's duties and responsibilities sample CONTRACTOR shall have determined and veri-, for the safety and protection of the Work shall continue until fled all quantities, dimensions, specified performance cfi- such time as all the Work is completed and ENGINEER has terla, installation requirements, materials, catalog hum- issued a notice to OWNER and CONTRACTOR in accord- hers and similar data with respect thereto and reviewed ance with paragraph 14.13 that the Work is acceptable (except or coordinated each Shop Drawing or sample with other as otherwise expressly provided in connection with Substan- Shop Drawings and samples and with the requirements of rial Completion). the Work and the Contract Documents. 6.21. CONTRACTOR shall designate a responsible rep- ' '6.25.2. 'At the time of each submission. CONTRAC- resentative at the site whose duty shall be the prevention of TOR shall give ENGINEER specific written notice of each accidents. This person shall be CONTRACTOR's superin- variation that thc Shop Drawings or samples may have tendent unless otherwise designated in writing by CON- from the requirements of thc Contract Documents. and. TRACTOR to OWNER. in addition, shall cause a specific notation to be made on *See Supplementary Conditions 45 each Shop Drawing submiued to ENGINEER for review provided that any such claim, damage, loss or expense fa) is and approval of each such variation. _'t attributable IO bodily injury, sickness, diseuse or death, or to injury to or destruction of tangible property {other than the 6.26. ENGINEER will review and approve with reason- Work itself) including the loss of use resulting d~erefrom and able promptness Shop Drawings and samples, but ENGI- (b) is caused in whole or in part by any negligent act or NEER's review and approval will be only for conformance omission of CONTRACTOR, any Subcontractor, any person with the design concept of the Project and for compliance ororganizationdirecdyorindirectlyemployedbyanyofthem with the information given in the Contract Documents and in perform or furnish any of the Work or anyone for whose shall not extend to means, methods, techniques, sequences acts any of them may be liable, regardless of whether or not or procedures of construction (except where a specific means, it is caused in part by a party indemnified hereunder or arises method, technique, sequence or procedure of construction is by or is imposed by Law and Regulations regardless of the indicated in or required by the Contract Documents) or to negligence of any such party. safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate 6.31. In any and all claims against OWNER or ENGI- approval of the assembly in which the item functions. CON- NEER or any of their consultants, agents or employees by TRACTOR shall make corrections required by ENGINEER, any employee of CONTRACTOR, any Subcontractor. any and shall return the required number of corrected copies of person or organization directly or indirectly employed by any Shop Drawings and submit as required new samples for review of them to perform or furnish any of the Work or anyone for and approval. CONTRACTOR shall direct specific attention whose acts any of them may be liable, the indemnification in writing to revisions other than the corrections called for obligation under paragraph 6.30 shall not be limited in any by ENGINEER on previous submittals, way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR 6.27. ENGINEER's review and approval of Shop Draw- or any such Subcontractor or other person or organization ings or samples shall not relieve CONTRACTOR from under workers' or workmen's compensation acts, disability responsibility for any variation from the requirements of the benefit acts or other employee benefit acts. Contract Documents unless CONTPOLCTOR has in writing called ENGINEER's attention to each such variation at the 6.32. The obligations of CONTRACTOR under para- time of submission as required by paragraph 6.25.2 and graph 6.30 shall not extend to the liability of ENGINEER, ENGINEER has given written approval of each such varia- ENGINEER's consultants, agents or employees arising out lion by a specific written notation thereof incorporated in or of the preparation or approval of maps, drawings, opinions, accompanying the Shop Drawing or sample approval; nor reports, surveys, Change Orders, designs or specifications. 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- ARTICLE 7--OTHER WORK visions of paragraph 6.25.1. 6.28. Where a Shop Drawing or sample is required by the Related Work at Site: Specifications, any related Work performed prior to ENGI- 7.1. OWNERmayperformotherworkrelatedtotheProj- NEER'sreviewaadapprevalofthepertinentsubmissionwill ecl at the site by OWNER's own forces, have other work bethesoleexpenseandresponsibilityofCONTRACTOR, performed by utility owners or let other direct contracts therefor which shall contain General Conditions similar to these. If the fact that such other work is to be performed was not noted Contlnulngthe ~¥ork: in the Contract Documents. written notice thereof will be 6.29. CONTRACTOR shall carry on the Work and adhere given to CONTRACTOR prior to starting any such other to the progress schedule during all disputes or disagreements work; and, if CONTP,.ACTOR believes that such peffor- with OWNER. No Work shall be delayed or postponed pond- maoce will involve additional expense to CONTRACTOR or lng resolution of any disputes or disagreements, except as requires additional time and the parties are unable tO agree permitted by pamuaph 15.5 or as CONTRACTOR and as to the extent thereof, CONTRACTOR may make'a claim OWNER may otherwise agree in writing, therefor as provided in Articles 11 and 12. 7.2. CONTRACTOR shall afford each utility owner and 'Indemnification: other contractor who is a party to such a direct contract (or 6.30. To the fullest'extent permitted by Laws and Regu- OWNER, if OWNER is performing the additional work with lations CONTRACTOR shall indemnify and hold harmless OWNER's employees) proper and safe access to the site and OWNER and ENGINEER and their consultants, agents and a reasonable opportunity for the introduction and storage of employees from and against all claims, damages, losses and materials and equipment and the execution of such work, and expenses, direct, indirect or consequential (including but not shall properly connect and coordinate the Work with theirs. limlted tdfees and chargesofenglneers, arohitects, attomeys CONTRACTOR shall do all cutting, fitting and patching of and other professionals and court and arbitration costs) aris- the Work that may be required to make its several parts come ing out of or resulting from the performance of the Work, together properly and integrate with such other work. CON- *See Supplementary Conditions 46 and tl~c olhcrs whose work will bc affected. Thc duties and 8.5. OWNER's responsibilities in respect o£ rcsponsibilitics of CONTRACTOR under [his paragraph arc und maintaining liability and propcmy insurance nrc scl for thc benefit of such u~ility owners and oJhcr conlmctors in ps,graphs 5.5 through 5.8. benefit orCONTRACTOR in said dirccl contracts between 8.6. OWNER is obligated t0 execute Chan~c Orders as OWNER and such util[ty owners and other contrac:ors, indicated in paragraph 10.4. 8.7. OWNER's rcsponsibilky in respect o[ certain 7.3. I[ any p~n of CONTRA~OR's Work depends tot contractor or util{ty owner (or OWNER), CONTRA~OR shall inspect and promptly repo~ Io ENGINEER in writing 8.8. In connection ~v[th OWNER's right to stop Work or suspend Work, see paragraphs 13. I 0 and I S.[. Paragraph I 5.2 any delays, defects or deficieocies in such work that render deals with OWNER's Hght to terminate se~ccs of CON- it unavailable or unsuitable ~or such proper execution and TRA~OR under c¢~ain circumstances. results. CONT~CTOR's failure so to repo~ will constitute an acceptance of thc other work as fit and proper for integra- tion with CONT~OR's Work except for talent or non- apparent derects and defic{encies in ~he othar wo~. ARTICLE 9~ENGINEER'S ~ATUS DURING CON~RU~ION Coordination: ;~ 7.4. It' OWNER contracts with others for the pertor- Owner'.~Representatlve: mance of other work on the Project at the site. the person or 9.1. ENGINEER will be OWNER's representative dar- organization who will have authority and responsibility for ing the construction period. The duties and responsibilities coordination or' thc activities among the various prime con- and the limitations or'authority of ENGINEERas OWNER's tractors will be identified in the Supplementary Conditions, representative during construction are set forth in the Con- and the specific matters to be covered by such authority and tract Documents and shall not be extended without written responsibility will be itemized, and the extent of such author- consent of OWNER and ENGINEER. try and responsibilities will be provided, in the Supplementary Conditions. Unless otherwise provided in the Supplementary Vblts to Site: Conditions, neither OWNER nor ENGINEER shall have any authority or responsibility in respect of such coordination. 9,2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to. deter- mine, in general, if the Work is proceeding in accordance ARTICLE g~OWNER'S RESPONSIBILITIES .with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on-ske inspections to check 8.1. OWNER shall issue all communications to CON- the quality or quantity of the Work. ENGINEER's efforts TRACTOR through ENGINEER. will be directed toward providing ['or OWN ER a greater deg'cee of confidence that the completed Work will conform to the 8.2. In case of termination of the employment o[' ENGI- Contract Documents. On the basis of such visits and on-site NEER, OWNER shall appoint an engineer against whom observations as an experienced and qualified design profes- CONTRACTOR makes no reasonable objection, whose sta- sional, ENGINEER will keep OWHER int'ormed or'the prog- tus under the Contract Documents shah be that or'the former tess of the Work and will endeavor to guard OWNER against ENGINEER. Any dispute in connection with such appoint- defects and deficiencies in the Work. ment shah be subject to arb[tratlon. 8.3. OWNER shall furnish tbe data required of OWNER ProjectRepresentatlon: undertheContractDocumentspromptiyandshallmakepay- * 9.3. If OWNER and ENGINEER agree, ENGINEER ments to CONTRACTOR promptly lifter they are due as wi[[ furnish a Resident ProjeCt Representative to assist provided in paragraphs 14.4 and 14.13. ENGINEER in observing the performance of'the Work. The duties, responsibilities and limitations of authority o[' any 8.4. OWNER's duties in respect of providing lands and such Resident Project Representative and assistants wi[[ be easements and providing cngineering surveys to establish as provided in the Supplementary Conditions. If OWNER reference points are set forth in paragraphs 4. [ and 4.4. Para- designates another agent to represent OWN ER at' the site graph 4.2 refers to OWNER's [dentifylng and making avail- who is not ENGINEER's agent or employee, the duties. ab[etoCONTKACTORcopiesofrcportso['cxplorationsand responsibl[ities and limitat[ons of authority ot' such other tests ofsubsua'ace conditions at the slte and in existing strnc- person will be as provided in the Supplementary Con~itioas. · See Supplementary Conditions 47 Clarificationsandlnterpretations: : to ENGINEER written notice of intention to appeal from 9.4. ENGINEER wiU issue with reasonable promptness such a decision. such written clarifications or interpretations of the require- taunts of the Contract Documents (in the form of Drawings Decisions on Disputes: or othep, vise) as ENGINEER may determine necessary, which shall be consistent with or reasonably inferable from the 9. Il. ENGINEER will be the initial interpreter of the overall intent of the Contract Documents. If CONTRACTOR requirements of the Contract Documents and judge of the believes that a whuen clarification or interpretation justifies acceptability of the Work thereunder. Claims, disputes and an increase in the Contract Price or an extension of thc other matters relating to the acceptability of the Work or the Contract Time and the parties are unable to agree to the interpretation of the requirements of the Contract Documents amount or extent thereof, CONTRACTOR may make a claim pertaining to the performance and furnishing of the Work and therefor as provided in Article 11 or Article 12. 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 Authorized Variations in Work: in accordance with this paragraph, which ENGINEER will 9.5. ENGINEER may authorize minor variations in the render in writing within a reasonable time. Written notice of Work from the requirements of the Contract Documents which each such claim, dispute and other matter will be delivered do not involve an adjustment in the Contract Price or the by the claimant to ENGINEER and the other party to the Contract Time and are consistent with the overall intent of Agreement promptly (but in no eyent later than thirty days) the Contract Documents. These may be accomplished by a after the occurrence of the event giving rise thereto, and Field Order and will be binding on OWNER, and also on written supporting data will be submitted to ENGINEER and CONTRACTOR who shall perform the Work involved theotherpartywithinsixtydaysaftersuchoccurrenceunless promptly. It' CONTRACTOR believes that a Field Order ENGINEER allows an additional period of time to ascertain justifies an increase in the Contract Price or an extension of more accurate data in support of the claim. the Contract Time and the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a 9.12. When functioning as interpreter and judge under claim therefor as provided in Article 11 or 12. paragraphs 9.10 and 9. I I, ENGINEER will not show par- tiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in Rejecting Defective Work: good faith in such capacity. The rendering of a decision by 9.6. ENGINEER will have authority to disapprove or ENGINEER porauant to paragraphs 9. I0 and 9.11 with respect reject Work which ENGINEER believes to be defective, and to any such claim, dispute or other matter (except any which willalsohave authoritytorequlrespeeialinspectionor testing have been waived by the making or acceptance of final pay- of the Work as provided in paragraph 13.9, whether or not ment as provided in paragraph 14.16) will be a condition the Work is fabricated, installed or completed, precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Doouments or by Laws or Regulations in respect SlOop Drawings, Change Orders and Payments: of any such claim, dispute or other matter. 9.7 In connection with ENGINEER's responsibility for Shop Drawings and ~amples, see paragraphs 6.23 through 6.28 inclusive. LirnRations on ENGINEER's Responsibilities: 9.13. Neither ENGINEER's authority to act under this 9.8. In connection with ENGINEER's responsibilities as Article 9 or elsewhere in the Contract Documents nor any to Change Orders, see Articles 10, I l and 12. decision made by ENGINEER in good faith either to exemise or not exercise such authority shall give rise to any duty or 9.9. In connection with ENGINEER's responsibilities in responsibility of ENGINEER to CONTRACTOR, any Sub- respect of Applications for Payment, etc., see Article 14. contractor, any Supplier, or any other person or organLzation performing any of the Work, or to any surety for any of them. Determlnatlonsfor Unit Prices: 9.14. Whenever in the Contract Documents the terms"as 9.10. ENGINEER will determine the actual quantities ordered", "as directed", "as required", "as allowed", "as and classifications of Unit Price Work performed by CON- approved' or terms of like effect or import are used, or the TRACTOR. ENGINEER will review with CONTRACTOR adjectives "reasonable", "suitable", "acceptable", ENGINEER's preliminary determinations on such matters or "satisfactory" or adjectives of like effect or import are before rendering a written decision thereon (by recommen- used todescribearequlrement, direction, revieworjudgment dation of an Application for Payment or otherwise). ENGI- of ENGINEER as to the Work, it is intended that such NEER's written decisions thereon will be final and binding requirement, direction, review or judgment will be solely to upon OWNER and CONTRACTOR, unless, within ten days evaluate the Work for compliance with the Contract Doou- after the date of any such decision, either OWNER or CON- taunts (unless there is a specific statement indicating o~her- TRACTOR delivers to the other party to the Agreement and wise). The use of any such ten'n or adjective shall not be effective to assign to ENGINEER an~' duty or authority to 10.4.3. changes in thc Contract PriceorContractTime supervise or direct the furnishlngor performance of the Work which embody the substance of any written decision: ion- or any duty or authority to undertake responsibility contrary dcrcd by ENGINEER pursuam to paragraph 9.11: to thc provisions of paragraph 9.15 or 9.16. provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance 9.1_5. ENGINEER will not be responsible for CON- withthcprovisionsoftheContractDocumentsandapplicablc TRACTOR's means, methods, techniques, sequences or pro- Laws and Regulations, but during any such appeal. CON- cedures of construction, or the safety precautions and pro- TRACTOR shall carry on the Work and adhere to the prog- grams incident thereto, and ENGINEER ',rill not be respon- tess schedule as provided in paragraph 6.29. sible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents 9.16. ENGINEER will not be responsible for the acts or (including, but not limited to, Contract Price or Contract omissions of CONTRACTOR or of any Subcontractor, any Time) is required by the provisions of any Bond to be given Supplier, or of any other person or organization performing to a surety, the giving ofany such notice will be CONTRAC- or furnishing any of the Work. TOWs responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 10.~CHANGES IN THE WORK ARTICLE [ b--CHANGE OF CONTRACT PRICE 10.1. Without invalidating the Agreemem and without notice to any surety, OWNER may, at any time or from time to I1.1. The Contract Price constitutes the total comport- time, order additions, deletions or revisions in the Work; sation (subject to authorized adjustments) payable to CON- these will be authorized by a Written Amendment, a Change TRACTOR for performing the Work. All duties, responsibil- Order, oraWork'DirectiveChange. Uponreceiptofanysuch tries and obligations assigned to or undertaken by CON- document, CONTRACTOR shall promptly proceed with the TRACTOR shall be at his expense without change in the Work involved which will be performed under the applicable Contract Price. " conditions of the Contract Documents (except as otherwise specifically p rovided). 11.2. The Contract Price may 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 10.2. If OWNER and CONTRACTOR are unable to agree notice delivered by the party making the claim to the other as to the extent, if any, of an increase or decrease in the party and to ENGINEER promptly (but in no event later than Contract Price or an extension or shortening of the Contract thirty days) after the occurrence of the event giving rise to Time that should be allowed as a result ora Work Directive Change, a claim may he made therefor as provided in Article the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be II or Article 12. delivered within sixty days after such occurrence (unless ENGINEER allows an additional period of time to ascertain 10.3. CONTRACTOR shall not be entitled to an increase more accurate data in support of the claim) and shall be in the Contract Price or an extension of the Contract Time accompanied by claimant's written statement that the amount with respect to any Work performed that is not required by claimed covers all known amounts (direct, indirect and con- the Contract Documents as amended, modified and supple- sequential) to which the claimant is entitled as a result of the monied as provided in paragraphs 3.4 and 3.5, except in the occurrence of said event. Ail claims for adjustment in the case of an emergency as provided in paragraph 6.22 and Contract Price shall be determined by ENGINEER in accor- ', except in the case of uncovering Work as provided in para- dance with paragraph 9. I I if OWNER and CONTRACTOR graph 13.9. cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not 10.4. OWNER and CONTRACTOR shall execute appro- submitted in accordance with this paragraph I 1.2. priate Change Orders (or Written Amendments) covering: 11.3. The value of any Work covered by a Change Order 10.4.1. changes in the Work which are ordered by or of any claim for an increase or decreasein the Contract OWNER pursuant to paragraph 10. I, are required because Price shall be determined in one of the following ways: of acceptance ofdefecth'e Work under paragraph 13.13 or correcting defecti~,e Work under paragraph 13.14, or are [ 1.3.1. Where the Work involved is covered by unit agreed to by the parties; prices contained in the Contract Documents, by appfica- [ ! tion of unit prices to thc quantities of the items involved 10.4.2. changes in the Contract Price or Contract Time (subject to the provisions of paragraphs I 1.9.1. through which are agreed to by the parties: and 11.9.3, inclusive). 49 1 t.3.2. By mutual acceptance ~' a lump sum (which to the other provisions of the Contract Documems insofar may include an allowance for overhead and profit not as applicable. necessarily in accordance with paragraph 1 t .6.2. I). 11.4.4. Costs of special consultants (including but not I 1.3.3. On the basis of the Cost of the Work (deter- limited to engineers, architects, testing laboratories, sur- mined as provided in paragraphs 1[.4 and 11.5) plus a veyors, attorneys and accountants)employed for services CONTRACTOR's Fee for overhead and profit (deter- specifically related to the Work. mined as provided in paragraphs 11.6 and I 1.7). 11.4.5. Supplemental costs including the following: Costofthe Work: 11.4.5.1. The proportion of necessary transporta- lion, travel and subsistence expenses of CONTRAC- I 1.4. The term Cost of the Work means the sum of all TOR's employees incurred in discharge of duties con- costs necessarily incurred and paid by CONTRACTOR in nected with the Work. the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be l 1.4.5.2. Cost, including transportation and main- in amounts no higher than those prevailing in the locality of tenanee, of all materials, supplies, equipment, manhin- the Project, shall include only the following items and shall cry, appliances, office and temporary facilities at the not include any of the costs itemized in paragraph I 1.5: site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost 11.4.1. Payroll costs for employees in the direct employ less market value of such items used but not consumed of CONTRACTOR in the performance of the Work under which remain the property of CONTRACTOR. schedules of job alassifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employees not 11.4.5.3. Rentals of all construction equipment and employed full time on the Work shall be apportioned on machinery and the parts thereof whether rented from the basis of their time spent on the Work. Payroll costs CONTRACTOR or others in accordance with rental shall include, but not be limited to, salaries and wages agreements approved by OWNER with the advice of plus the cost of fringe benefits which shall include social ENGINEER, and the costs of transportation, loading, securitycontributions, unemploymeat, excise and payroll unloading, installation, dismantling and removal taxes, workers' or workmea's compensation, health and thereof---all in accordance with terms of said rental retirement benefits, bonuses, sick leave, vacation and hol- agreements. The rental of any such equipment, machin- iday pay applicable thereto. Such employees shall include cry or parts shallcease when the use thereof is no longer superintendents and foremen at the site. The expenses of necessary for the Work. performing Work after regular working hours, on Satur- day, Sunday or legal holidays, shall be included in the 11.4.5.4. Sales, consumer, use or similar taxes above to the extent authorized by OWNER. related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of frans- I 1.4.5.5. Deposits lost for causes other than negll- portation and storage thereof, and Suppliers' field services deuce of CONTRACTOR, any Subcontractor or any- required in connection therewith. All cash discounts shall one directly or iedirectly employed by any of them or accrue to CONTRACTOR unless OWNER deposits funds for wLose acts any of them may be liable, and royalty with CONTRACTOR with which to make ~)aymeats, in payments and fees for permits and licenses. which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and all returns 11.4.5.6. Losses and damages (and related from sale of surplus materials and equipment shall accrue expenses), not compensated by insurance oroth~rwise, to OWNER, and CONTRACTOR shall make provisions to the Work or otherwise sustained by CONTRACTOR so that they may be obtained, in connection with the performance and furnlsh[ng of the Work (except losses and damages within the 11.4.3. Payments made by CONTRACTOR to the deductible amounts of property insurance established Subcontractors for Work performed by Subcontractors. by OWNER in accordance with paragraph 5.9), pro- If required by OWNER, CONTRACTOR shall obtain vlded they have resulted from causes other than the competitive bids from Subcontractors acceptable to CON- negligence of CONTRACTOR, any Subcontractor, or TRACTOR and shall deliver such bids to OWNER who ' anyone directly or indirectly employed by any of them wiU then determine, with the advice of ENGINEER, which or for whose acts any of them may b~ liable. Such bids will be accepted. If a subcontract provides that the losses shall include settlements made with the written Subcontractor is to be paid on the basis of Cost of the consent and approval of OWNER. No such losses, Work Plus a Fee, thc Subcontractor's Cost ct' thc Work damages and expenses shall bc included in thc Cost of shall be determined in thc same manner as CONTRAC- the Work for the purpose of determinlng CONTI~.C- TOR's Cost of the Work. All subcontracts shall be subject TOR's Fee. If, however, any such loss or damage 50 requires reconstruction and C~NTRACTOR is placed CONTRACTOR's Fee: in charge thereof. CONTRACTOI~. shall be paid for 11.6. Thc CONTRACTOR.'s Fee allowed to CO['~I'RAC- services a lee proportionate to that stated in pari~graph TOR for overhead and profii shall be determined as follows: I 1.6.2. 11.6.1. a mutually acceptable fixed fee: or il' none can 11.4.5.7. The cost ol' utilities, fuel and sanitary, be agreed upon. fitcilities at the site. I 1.4.5.8. Minor expenses such as telegrams, long I 1.6.2. a lee based on the following percentages of the distance telephone calls, telephone service at the s!te. various portions of the Cost of the Work: cxpressage and similar petty cash items in connection I 1.6.2.1. for costs incurred under paragraphs I 1.4.1 with the Work. and 11.4.2, the CONTRACTOR's Fee shall be fifteen 11.4.5.9. Cost of premiums for additional Bonds Dement; and insurance required because ol.changes in the Work and premiums for property insurance coverage within 11.6.2.2. for costs incurred under paragraph I I the limits of the deductible amounts established by the CONTRACTOR;s Fee shall be five percent: and il. OWNER in accordance with paragraph 5.9. a subcontract is on the basis of Cost ol. the Work Plus a Fee, the maximum allowable to CONTRACTOR on 11.5. The term Cost of the Work shall not include any of account of overhead and profit of all Subcontractors the following: shall be fifteen percent; 11.5.1. Payrollcosts and other compensation of CON- I 1.6.2.3. no fee shall be payable on the basis of TRACTOR's officers, executives, principals (of partner- costs itemized under paragraphs 11.4.4, 11.4.5 and 11.5: ship and sole proprietorships), general managers, engi- neers, architects, estimators, attorneys, auditors.accoun- 11.6.2.4. the amount ol. credit to be allowed by rants, purchasing and contracting agents, expeditors, CONTRACTOR to OWNER for any such change which timekeepers, clerks and other personnel employed by results in a net decrease in cost will be the amount CONTRACTOR whether at thc site or in CONTRAC- the actual net decrease plus a deduction in CONTRAC- TOR's principal or a branch office for general admiaistra- TOWs Fee by an amount equal to ten percent of the lion of the Work and not specifically included in the agreed net decrease; and upon schedule of job classifications referred to in para- graphll.4.1orspecificailycoveredbyparagraphll.4.4--- 11.6.2.5. when both additions and credits are alt of which are to he considered administrative costs involved in any one change, the adjustm'ent in CON- covered by the CONTRACTOR's Fee. TRACTOR's Fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 11.5.2. Expenses of CONTRACTOR's principal and throagh 11.6.2.4. inclusive. branch offices other than CONTRACTOR's office at the site. 11.7. Whenever the cost ofany Work is to be determined 11.5.3. AnypartofCONTRAcTOR'scapitalexpenses, pursuant to paragraph 11.4 or 11.5, CONTRACTOR will including interest on CONTRACTOR'S capltal employed submit in form acceptable to ENGINEER an itemized cost for the Work and charges against CONTRACTOR for breakdown together with supporting data. delinquent payments. Cash Allowances: 11.5.4. Cost ol' premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by I 1.8. It is understood that CONTRACTOR hca included the Contract Documents to purchase and maintain the in the Contract Price all ailowances so named in th& Contraet Documents and shall cause the Work so covered to be done same (except for the cost of premiums covered by sub- bysuchSubcontractorsorSuppliersand forsuchsumswithin paragraph 11.4.5.9 above), the limit of the allowances as may be acceptable to ENGI- I 1.5.5. Costs due to the negligence of COBITRAC- NEER. CONTRACTOR agrees that: TOR, any Subcontractor. or anyone directly or indirectly employed by any of them or for whose acts any of them I 1.8.1. The allowances include the cost to CON- may be liable, including but not limited to, the correction TRACTOR (less any applicable trade discounts) of mate- ol' defective Work, disposal of materials or equipment rialsandequlpmcntrequlredbytheallowanccstobedeliv' wrongly supplied and making good any damage to prop- ered at the site, and all applicable taxes; and erty. 11.8.2. CONTRACTOR's costs for unloading and 11.5.6. Other overhead or gcncral expense costs of handling on thc site, labor, installation costs, overhead, any kind and the costs of any item not specifically and profit and other expenses contemplated for the allowances expressly included in paragraph I 1.4. have been included in the Contract Price and not in the 51 allowances. No demand for additio~'ml payment on account shall be determined by ENGINEER in accordance with para- of any thereof will be valid, graph 9. I 1 if OWN ER and CONTRACTOR cannot othe,-wise agree. No claim for an adjustment in the Contract Time will Prior to final payment, an appropriate Change Order will be be valid if not submitted in accordance with the requirements issued as recommended by ENGINEER to reflect actual of this paragraph 12.1. amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspond- 12.2. The Contract Time will be extended in an amount ingly adjusted, equal to time lost due to delays beyond the control of CON- TRACTOR if a claim is made therefor as provided in para- graph 12. I. Such delays shall include, but not be limited to, UnitPrice Work: acts or neglect by OWNER or others performing additional 11.9.1. Where the Contract Documents provide that work as contemplated by Article 7, or to fires, floods, labor all or part of the Work is to be Unit Price Work, initially disputes, epidemics, abnormal weather conditions or acts of the Contract Price will be deemed to include for all Unit God. Price Work an amount equal to the sum of the established unitpricesforeachseparatelyldentifieditemofUnitPrice 12.3. All time limits stated in the Contract Documents Work times the estimated quantity of each item as indi- are of the essence of the Agreement. The provisions of this cater in the Agreement. The estimated quantities of items Article 12 shall not exclude recovery for damages (including of Unit Price Work are not guaranteed and are solely for but not limited to fees and charges of engineers, architects, the purpose of comparison of Bids and determining an attorneys and other professionals and court and arbitration initial Contract Price. Determinations of the actual quart- costs) for delay by either party. titles 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 include an ARTICLE 13--WARRANTY AND GUARANTEE; amount considered by CObFI'RACTOR to be adequate to TESTS AND INSPECTIONS; cover CONTRACTOR's overhead and profit for each stp- CORRECTION, REMOVAL OR stately iclentifled item. ACCEPTANCE OF DEFECTIVE WORK * I 1.9.3. Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially Warranty and Guarantee: and significantly from the estimated quantity of such item 13.1. CONTRACTOR warrants and guarantees to indicated in the Agreement and there is no corresponding OWNER and ENGINEER that all Work will be in actor- adjustment with respect to any other item of Work and if dance with the Contract Documents and will not be defective. CONTRACTOR believes that CONTRACTOR has Prompt notice of all defects shall be given to CONTRAC- incurred additional expense as a result thereof, CON- TOR. Ail defective Work, whether or not in place, may be TRACTOR may make a claim for an increase in the Con- rejected, corrected or accepted as provided in this Article 13. tract Price in accordance with Article I 1 if the parties are unable to agree as to the amount of any such increase. Accexs to Work: 13.2. ENGINEER and ENGINEER's representatives, ARTICLE 12.--CI'[ANGE OF CONTRACT TIME other representatives of OWNER, testing agencies and gov- ernmental agencies withjurisdictional interests will have access to the Work at reasonable times for their observation, inspecting 12.1. TheContractTimemayonlybechangedbyaChange and testing. CONTRACTOR shall provide proper and safe Order or a Written Amendment. Any claim for an extension conditions for such access. or shortening of the Contract Time shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than Texts and Inspections: thirty days) after the occurrence of the event giving rise to 13.3. CONTRACTORshallglveENGINEERtlmelynotice the claim and stating the general nature of the claim. Notice of readiness of the Work for all required inspections, tests or of the extent of the claim with supporting data shall be deliv- approvals. ered within sixty days after such occurrence (unless ENGI- NEER allows an additional period of time to ascertain more 13.4. If Laws or Regulations of any public b<xly having accurate data in support of the claim) and shall be accom- jurisdiction require any Work (or part thereoO to specifically panied by the claimant's written statement that the adjust- be inspected, tested or approved, CONTRACTOR shall merit claimed is the entire adjustment to which the claimant assume full responsibility therefor, pay all costs in conner:lion has reason to bellcve itisentitled as a result oftheoccurrence therewith and furnish ENGINEER the rcqulred certificates of said cvcnt. All claims for adjustment in the Contract Time of inspection, testing or approval, CONTRACTOR shall also *See Supplementary Conditions. 52 be responsible for and shall pay all,c~osts in connection with thru'eof, CONTRACTOR may n'take a claim flmref,:,r as pro- any inspection or testing required in connection with OWN- vided in Articles ~ Iund 12. ER's or ENGINEER's acceptance of a Supplier of materials or equipment proposed to be incorporated in the Work, or of Owner May Stop the Work: materials or equipment submitted for approval prior to CON- 13.10. If the Work is defective, or CONTRACTOR fails TRACTOR's purchasethereoffor incorporationintheWork., to snpply sufficient skilled workers or snitable materials or The cost of all inspections, tests and approvals in addition to equipment, or fails to furnish or perform the Work in such a thc above which are required by thc Contract Documents way that the completed Work will conform to the Contract shall be paid by OWN ER (unless other.vise specified). Documents, OWN ER may order CONTRACTOR to st, op the Work, or any portion thereof, until the cause for such order 13.5. All inspections, tests or approvals other than those has been eliminated; however, this right of OWNER to stop the Work shall not give rise to an), duty on the part of OWNER required by Laws or Regulations of any public body having jurisdiction shall be performed by organizations acceptable to exercise this right for the benefit of CONTRACTOR or to OWNER and CONTRACTOR (or by ENGINEER if so any other party. specified). Correction or Removal of Defective Work: 13.6. If any Work (including the work of others) that is to be inspected, tested or approvod is covered without written 13.11. I f required by ENGINEER, CONTRACTOR shall concurrence of ENGINEER. it must, if requested by ENGI- promptly, as directed, either correct all defective Work, NEER, be uncovered forobservation. Such uncovering shall whether or not fabricated, installed or completed, or. if the be at CONTRACTOR's expense unless CONTRACTOR has Work has been rejected by ENGINEER, remove it from the given ENGINEER timely notice of CONTRACTOR's inten- site and replace it with nondefective Work. CONTRACTOR tlon to cover the same and ENGINEER has not acted with shall bear all direct, indirect and consequential costs of such reasonable promptness in response to such notice, correction or removal (including but not limited to fees and charges of engineers, architects, attorneys and other profes- 13.7. Neither observations by ENGINEER nor iaspec- signals) made necessary thereby. tigris, tests or approvals by others shall relieve CONTRAC- TOR from CONTRACTOR's obligations to perform the Work One Year Correction Period: in accordance with the Contract Documents. 13.12. If within one year after the date of Substantial Completion or such longer period of time as may be pre- scribed by Laws or Regulations or by the terms of any appli- , Uncovering Work: cable special guarantee required by the Contact Documents or by any specific provision of the Contract Documents. any 13.8. Ifa.ny Work is covered contrary to the written request of ENGINEER. it must, if requested by ENGINEER, be Workisfoundtobedefecth,e. CONTRACTORshallpromptly, without cost to OWNER and in accordance with OWNER's uncovered for ENGINEER's observation and replaced at written instructions, either correct such defective Work, or, CONTRACTOR's expense, if it has been rejected by OWNER, remove it from the site and replace it with nondefective Work. If CONTRACTOR 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected docs not promptly comply with the terms of such instructions. or tested by others. CONTRACTOR, at ENGINEER's or in an emergency where delay would cause serious risk of request, shall uncover, expose or otherwise make available loss or damage. OWNER may have the defective Work cor- rected or the rejected Work removed and replaced, and all for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all direct, indirect and consequential costs of such removal and necessary labor, material and equipment. If it is found that replacement (including but not limited to fees an~ charges of engineers, architects, attorneys and other professionals) will, suchWorkisdefective. CONTRACTORsha .bear all direct , indirect and consequential costs of such uncovering, expo- be paid by CONTRACTOR. In special circumstances where sure. observation, inspection and testing and of satisfactory a particular item of equipment is placed in continuous service before Substantial Completion of all the Work. the correction reconstruction, (including but not limited to fees and charges of engineers, architects, attorneys and other professionals), period for that item may start to run from an earlier date if and OWNER shall be entitled to an appropriate decrease in so provided in the Specifications or by Written Amendment. the Contract Price, and. if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article II. if, however, such Work is not found to be Acceptance ofDefectiw Work: defective. CONTRACTOR shall be allowed an increase in 13.13. if. instead of requiring correction or removal and the Contract Price or an extension of the Contract Time, or replacement of defecth.e Work. OWNER (and. prior to both, directly attributable to such uncovering, exposure. ENGINEER's recommendation of final payment, also observation, inspection, testing and reconstruclion; and. il' ENGINEER)prefers toaccept it OWNERmaydosg. CON- the parties are unable to agree as to the amount or extent TRACTOR shall bear all direct, indirect and consequential 53 costs attributable to OWNER's evaluation of and deferral- ARTICLE 14---PAYMENTS TO CONTRACTOR AND nation to accept such defective Work (such costs to be approved COM PL ET1 ON by ENGINEER as to reasonableness and to include but not be limited to fees and charges of engineers, architects, error- Schedule of Vahtes: heys and other professionals), lfany such acceptance occurs prior to ENGINEER's recommendation of final paymem, a 14.1. The schedule of values established as provided in Change Order will be issued incorporating the necessary revi- paragraph 2.9 will serve as the basis for progress payments sions in the Contract Documents with respect to the Work; and will be incorporated into a form of Application for Pay- and OWNER shall be entitled to an appropriate decrease in meat acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of the Contract Price, and, if the parties are unable to agree as to ~he amount thereof, OWNER may make a claim therefor units completed. as provided in Article I 1. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Application for Progress Payment: CONTRACTOR to OWNER. 14.2. At least twenty days before each progress payment is scheduled (but not more often than once a month), CON- TRACTOR shall submit to ENGINEER for review an Appli- OWNER May Correct Defective Work: cation for Payment filled out and signed by CONTRACTOR 13.14. If CONTRACTOR fails within a reasonable time covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is at'rev written notice of ENGINEER to proceed to correct and required by the Contract Documents. If payment is requested tocorrectdefectiveWorkortoremoveandreplacerejected on the basis of materials and equipment not incorpot~ated in Work as required by ENGINEER in accordance with para- the Work but delivered and suitably stored at the site or at graph 13.11, or if CONTRACTOR fails to perform the Work another location agreed to in writing, the Application for in accordance with the Contract Documents, or if CON- Payment shall also be accompanied by a bill of sale, invoice TRACTOR fails to comply with any other provision of the or other documentation warranting that OWNER h~s received Contract Documents, OWNER may, after seven days' writ- the materials and equipment free and clear of all liens, charge~, ten notice to CONTRACTOR, correct and remedy any such security interests and encumbrances (which are hereinafter deficiency. In exercising the rights and remedies under this in these General Conditions referred to as "Liens") and paragraph OWNER shall proceed expeditiously. To the extent evidence that the materials and equipment are covered by neoessarytocompletecorrectiveandremedialaction,OWNER appropriate property insurance and other arrangements to mayexclude CONTRACTOR from allot part of thcs[to, take protect OWNER's interest therein, all of which will be sat- possession of all or part of the Work; and suspend CON- isfactory to OWNER. The amount of retainage with respect TRACTOR's services related thereto, take possession of to progress payments will be as stipulated in the Agreement. CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER CONTP~ACTOR'$Warran(yofTitle: has paid CONTRACTOR but which are stored elsewhere. 14.3. CONTRACTOR warrants and guarantees that title CONTRACTOR shall allow OWI~ER, OWNER's represen- to all Work, materials and equipment covered by any Appli- latives, agents and employees such access to the site as may cation for Payment, whether incorporated in the Project or be necessap~ to enable OWNER to exercise the rights and not, will pass to OWNER no later than the time of payment remedies under this paragraph. All dlrect, indirect and con- free and clear of all Liens. sequential costs of OWNER in exercising such rights and remedies will be charged against CONTRACTOR in an amount approved as to reasonableness by ENGINEER, and a Change Review of Appllcationsfor Progress Payment: Order will be issued incorporating the necessary revisions in 14.4. ENGINEER will, within ten days after re~..eipt of the Contract Documents with respect to the Work; and each Application for Payment, either indicate in writing a OWNER shall be entitled to an appropriate decrease in the recommendation of payment and present the Application to Contract Price, and, if the parties are unable to agree a~ to OWNER, or return the Application to CONTRACTOR indl- the amount thereof, OWNER may make a claim therefor as rating in writing ENGINEER's reasons for re'fuslng to fcc- provided in Article I 1. Such direct, indirect and consequen- ommend payment. In the latter case. CONTRACTOR may rial costs will include but not be limited to fees and charges make the necessary corrections and resubmit the Applica- of engineers, architects, attorneys and other professionals, tlon. Ten days after presentation of the Application for Pay- all court and arbitration costs and all costs of repair and meat with ENGINEER's recommendation, the amount roe- replacement of work of others destroyed or damaged by ommended will (subject to the provisions of the last sentence correction, removal or replacement qf CONTRACTOR's of paragraph 14.7)beeomedueandwhenduewlllbepaidby defective Work. CONTRACTOR shall not be allowed an OWNER to CONTRACTOR. extension of the Contract Time because of any delay in per- formanceoftheWorkattfibutabletotheexercisebyOWNER 14.5. ENGINEER's recommendation of any payment of OWNER's rights and remedies hereunder, requested in an Application for Payment will constitute a 54 representation by ENGINEER to (3WNER.bascd on ENO1- OWNL:R tn a sct-otT againsl the amounl recommended, but NEER's on-site observations of the Work in progress as an OWNER must give CONTRACTOR imm¢,.li:nc x~ri~en notice experienced and qualified design prnfcsslonal and on EN(il- twith a cow.' to ENGINEERI stating the rcasom. I~r such ' NEER's review of the Applicalion for Payment and the uction. accompanying data and schedules that the ~Vork has pro- gressed to the point indicated: that. to the best of ENGI: NEER's knowledge, information and belief, thc quality of SttbstantialCompletion: the Work is in accordance with the Contract Documents 14.8. \\then CONTRACTOR considers thc cmire Work (subj;ecttonnevalualionofthe Work as a functioning whole reudy for its intended use CONTRACTOR shall notify prior to or upon Substantial Completion. to the results &any O\VN ER and ENGINEER in writing that the entire Work is subsequent tests called for in the Contract Documents, to a substantially complete (except for items specifically listed by final determination of quantities and classifications for Unit CONTRACTOR as incomplete) and request that ENOl- Price Work under paragraph 9.10, and to any other qualifi- NEER issue a certificate of Subslantial Completion. Within cations stated in the recommendation): and that CONTRAC- a reasonable time thereafter, OWN ER. CONTRACTOR and TOR is entitled to payment of the amount recommended. ENGINEER shall make an inspection of the Work to deter- However. by recommending any such payment ENGINEER mine the status of completion. If ENGINEER does not con- will not thereby be deemed to have represented that exhaus- sider the Work substantially complete, ENGINEER will notify tire or continuous on-site inspections have been made to CONTRACTOR in writing giving the reasons therefor. If check the quality or the quantity of the Work beyond the ENGINEER considers the Work substantially complete, responsibilities specifically assigne.d to ENGINEER in the ENGINEER will prepare and deliver to OWN ER a tentative Contract Documents or that there may not be other matters certificate of Substantial Completion which shall fix the date or issues between the parties that might entitle CONTRAC- of Substantial Completion. There shall be attached to the TOR to be paid additionally by OWNER or OWNER to certificate a tentative list of items to be completed or cot- withhold payment to CONTRACTOR. retted before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make 14.6. ENGINEER's recommendation of final payment written objection to ENGINEER as to any provisions of the will constitute an additional representation by ENGINEER certificate or attached list. If. after considering such objec- to OWNER that thc conditions precedent to CONTRAC- tigris. ENGINEER concludes that the Work is not substan- TOWs beingentitled to final payment as set forth in paragraph tiatly complete. ENGINEER will within fourteen days after 14.13 have been fulfilled, submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If. 14.7. ENGINEER may refuse to recommend the whole after consideration of OWNER's objections, ENGINEER or any part of any payment if, in ENGINEER's opinion, it considers the Work substantially complete, ENGINEER wilt would be incon'ect tomakesuchrepresentationstoOWNER, within said fourteen days execute and deliver to OWNER ENGINEER may also refuse to recommend any such pay- and CONTRACTOR a definitive certificate of Substantial meat, or, because of subsequently discovered evidence or Completion (with a revised tentative llst of items to be eom- the results of subsequent inspections or tests, nullify any such pleted orcorrected) reflecting such changes from the tentative payment previously recommended, to such extent as may be certificate as ENGINEER believes justified after consider- necessary in ENGINEER's opinion to protect OWNER from aliGn of any objections from OWN ER. At the time of delivery of the tentative certificate of Substantial Completion ENGI- loss because: NEER will deliver to OWNER and CONTRACTORa written 14.7.1. the Work is defecth'e, orcompletedWorkhas recommendation as to division of responsibilities pending been damaged requiring correction or replacement, final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance· heat, [4.7.2, the Contract Price has been reduced by Writ- utilities, insurance and warranties. Unless OWNER and ten Amendment or Change Order, CONTRACTOR agree otherwise in writing and so inform ENGINEER prior to ENGINEER's issuing the definitive 14.7.3. O",VNER has been required to correct defec- certificate of Substantial Completion, ENGINEER's afore- said recommendation will be binding on OWNER and CON- tlve Work or complete Work in accordance with paragraph 13.14. or TRACTOR until final payment. 14."/.4. of ENGINEER's actual knowledge of the 14.9. OWNER shall have the right to exclude CON- occurrence of any of the events enumerated in paragraphs TRACTOR from the Work after the date of Substantial eom- 15.2.1 through 15.2.9 inclusive, plction, but OWN ER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. OWNER may refuse to make payment of the full amount recommended by ENGINEER because claims have been made against OWNER on account of CONTRAC'rOR's per- Partial Utilization: formance or furnishing of the Work or Liens have been filed 14.10. Use by OWNER of any finished part of th~: Work. in connection with the Work or thereareotheritemsentitfing which has specifically been identified in the Contract Docu- 55 ments, or which OWNER, ENGINE.ER and CONTRAC- 14.I0..3. No occupancy or separate operation of part TOR agree constitutes a separately functioning and useable of the Work will be accomplished prior to compliar, ce with part of the Work that can be used by OWNER without sir- the requirements of paragraph 5.15 in respect of property nificant interference with CONTRACTOR's performance of insurance. the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the follow- lng: Final Inspection: 14.11. Upon written notice frnm CONTRACTOR that the 14.10.1. OWNER at any time may request CON- entireWorkoranagreedportionthereofiscomplete, ENGI. ; TRACTOR in writing to permit OWNER to use any such NEER will make a final inspection with OWNER and CON- part of the Work which OWNER believes to be ready for TRACTOR and will notify CONTRACTOR in writing of all its intended use and substantially complete. If CON- particulars in which this inspection reveals that the Work is TRACTORagrees, CONTRACTORwilicertifytoOWNER incomplete or defective. CONTRACTOR shall immediately and ENGINEERthat said partoftheWorkissubstantially take such measures as are necessary to remedy such deft- complete and request ENGINEER to issue a certificate of ciencies. Substantial Completion for that part of the Work. CON- TRACTOR at any time may notify OWNER and ENGI- NEER in writing that CONTR. ACTOR considera any such FinalAppllcatlon for Payment: part of the Work ready for its intended use and substan- tially complete and request ENGINEER to issue a certif- 14.12. After CONTRACTOR has completed all such cot- ieate of Substantial Completion for that part of the Work. rections to the satisfaction of ENGINEER and delivered all Withinareaaonabletimeaftereithersuchrequest,OWNER, maintenance and operating instructions, schedules, guaran- CONTRACTOR and ENGINEER shall make an inspoc- tees, Bonds, certificates of inspection, marked-up record tion of that part of the Work to determine its status of documents (as provided in paragraph 6.19) and other docu- completion. If ENGINEER does not consider that part of meats----all as required by the Contract Documents, and after the Work to be substantially complete, ENGINEER will ENGINEER has indicated that the Work is acceptable (sub- notify OWNER and CONTRACTOR in writing giving the ject to the provisions of paragraph 14.16), CONTRACTOR reasons therefor. If ENGINEER considers that part of the may make application f9r final payment following the pro- Work to be substantially complete, the provisions of para- cedure for progress payments. The final Application for Pay- graphs 14.8 and 14.9willapplywith respect tocertification meat shall be accompanied by all documentation called for of Substantial Completion of that part of the Work and the in the Contract Documents, together with complete and legally division of responsibility in respect thereof and access effective releases or waivers (satisfactory to OWNER) of all thereto. Liens arising out of or filed in connection with the Work: In lieu thereof and as approved by OWNER, CONTRACTOR 14.10.2. OWNER may at any time request CON- may furnish receipts or releases in full; an affidavit of CON- TRACTOR [n writing to permit OWNER to take over TRACTOR that the releases and receipts inolude all labor, operation of any such part of the Work although it is not services, material and equipment for which a Lien could be substantially complete. A copy of such request will be filed, and that all payrolls, material and equipment bills, and seat to ENGINEER and within a reasonable time there- other [ndebtedness connected with the Work for which after OWNER, CONTRACTOR and ENGINEER shall OWNER or OWNER's property might ia any way be respon- make an inspection of that part of the Work to determine sible, have been paid or otherwise satisfied; and consent of its status of completion and will prepare a list of the items the surety, if any, to final payment. If any Subcontractor or remaining to be completed or corrected thereon before Supplier fails to furnish it release or receipt in full, CON- final payment. If CONTRACTOR does not object in writ- TRACTOR may furnish a Bond or other collateral satisfac- lng to OWNER and ENGINEER that such part of the tory to OWNER to indemnify OWNER against any Lien. Work is not ready for separate operation by OWNER, ENGINEER will finalize the list of items to be completed or corrected and will deliver such list to OWNER.and FinalPaymentandAcceptance: CONTRACTOR together with a written recommendation 14.13. If, on the basis of ENGINEER's observation of astothedivlsionofresponsibilitiespendingfinalpayment the Work during construction and final inspection, and between OWNER and CONTRACTOR with respect to ENGINEER's review of the final Application for Payment security, operation, safety, maintenance, utilities, iasur- and accompanying documentation---all as required by the anon, warranties and guarantees for that part of the Work Contract Documents, ENGINEER is satisfied that the Work which will become binding upon OWNER and CON- has been completed and CONTRACTOR's other obligations TRACTOR at the time when OWNER takes over such under the Contract Documents have been fulfilled, ENGI- operation (unless they shall have otherwise agreed in writ- NEER will, within ten days after receipt of the final Appfi- lng and so informed ENGINEER). During such operarion cation for Payment, indicate in writing ENGINEER's fcc- and prior to Substantial Completion of such part of the ommendation of payment and present the Application to . ~... Work, OWNER shall allow CONTRACTOR reasonable OWNER for payment. Thereupon ENGINEER will give access to complete or correct items on said llst and to written notice to OWNER and CONTRACTOR that thc Work complete other related Work. is acceptable subject to the provisions of paragraph 14.16. 56 Otherwise, ENGINEER will rctn~n the Application to CON- N · CO TRACTOR s con numg ob tgauons under the Con- TRACTOR, indicating in writing the reasons for refusing lO tract Documents; and recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Appli- 14.I6.2. a waiver of all claims by CONTRACTOR cation. Thirty days after presemalion lo OWN ER of the ~gainst OWNER other than those previously made in writ- Application and accompanying documentation, in appropri- mg and still unsettled. ate form and substance, and with ENGINEER's recommen- dation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWN ER lo CONTRACTOR. ARTICLE 15--SUSPENSION OF WORK AND TERMINATION 14.14. If, through no fault of CONTRACTOR, final com- pletion of the Work is significantly delayed and if ENGI- Owner~fay Suspend Work: NEER so confirms, OWNER shall, upon receipt of CON- 15.1. OWNER may, at any time and without cause, sus- TRACTOR's final Application for Payment and recommen- pend the Work orany p.o. rtion thereof for a period of not more dation of ENGINEER, and without terminating the Agree- than ninety days by notice in writing to CONTRACTOR and ment, make payment of the balance due for that portion of ENGINEER which will fix the date on which Work will be the Work fully completed and accepted. If the remaining resumed. CONTRACTORshallresumetheWorkonthedate balance to be held by OWNER for Work not fully completed so fixed. CONTRACTOR shall be allowed an increase in the or corrected is less than the retainage stipulated in the Agree- Contract Price or an extension of the Contract Time, or both, ment, and if Bonds have been furnished as required in para- directly attributable to any suspension if CONTRACTOR graph 5.1, the written consent of the surety to the payment makes an approved claim therefor as provided in Articles 11 of the balance due for that portion of the Work fully corn- and 12. pleted and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions gov- OwnerMay Terminate: erning final payment, except that it shall not constitute a 15.2. Upon the occurrence of any one or more of the waiver of claims, following events: 15,2.1. if CONTRACTOR commences a voluntary case Contractor'~r Continuing Obligation: under any chapter of the Bankruptcy Code (Tide I I, United 14.15. CONTRACTOR's obligation to perform and corn- States Code), as now or hereafter in effect, oi"if CON- plete the Work in accordance with the Contract Documents TRACTOR takes any equivalent or similar action'by fili~g shall be absolute. Neither recommendation of any progress a petition or otherwise under any other federal or state or final payment by ENGINEER, nor the issuance ora cer- law in effect at such time relating to the bankruptcy or tificate of Substantial Completion, nor any payment by insolvency; OWNER to CONTRACTOR under the Contract Documents, noranyuseoroccupancyoftheWorkoranypartthereofby 15.2.2. if a petition is filed against CONTRACTOR OWNER, nor any act of acceptance by OWNER nor any under any chapter of the Bankruptcy Code as now or failure to do so, nor any review and approval of a Shop hereafter in effect at the time of filing, or if a petition is Drawing or sample submission, nor the issuance of a notice filed seeking any such equivalent or similar relief against of acceptability by ENGINEER pursuant to paragraph 14.13, CONTRACTOR under any other federal or state law in nor any correction of defective Work by OWNER will con- effect at the time relating to bankruptcy or insolvency; stitate an acceptance of Work not in accordance with the Contract Documents or a release of CONTRACTOR's obit- 15.2.3. /fCONTRACTORmakesagenera. lassignment gallon to perform the Work in accordance with the Contract for the benefit of creditors; Documents (except as provided in paragraph 14.16). 15.2.4. if a trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable law or under Waiver of Clalms: contract, whose appointment or authority to take charge * 14.16. The making and acceptance of final payment will of property of CONTRACTOR is for the purpose of constitute: enforcing a Lien against such property or for the purpose of general administration of such property for thc benefit 14.16.1. a waiver of all claims by OWNER against of CONTRACTOR's creditors; CONTRACTOR. except claims arising from unsettled Liens, from defective Work appearing after final inspoc- 15.2.5. ii'CONTRACTOR admits in writing an {nabil- lion pursuant to paragraph 14.11 or from failure to comply ity to pay its debts generally as they become due; with the Contract Documents or thc terms of special any guarantees specified therein: however, it will not consti- 15.2.6. ifCONTRACTORperaistentlyfailstoPerform lute a waiver by OWNER of any rights in rcspoct of thc Work in accordance with thc Contract Documents *See Supplementary Condi.tions 57 (including, but not limited to, failure: to supply sufficient 15.3. Where CONTRACTOR's services have been so skilled workers or suitable materials or equipment or terminated by OWNER, the termination will not affect any failure to adhere to the progress schedule established under rights or remedies of OWNER against CONTRACTOR then paragraph 2.9 as revised from time to time): existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will 15.2.7. if CONTRACTOR disregards Laws or Re;u- not release CONTRACTOR from liability. lations of any public body having jurisdiction; 15.4. Upon seven days' written notice to CONTRAC- tS.2.8, if CONTRACTOR disregards the authority of TOR and ENGINEER, OWNER may, without cause and ENGINEER; or without prejudice to any other right or remedy, elect to aban- don the Work and terminate the Agreement. In such case, 15.2.9. if CONTRACTOR othenvise violates in any CONTRACTOR shall be paid for all Work executed and any substantial way any provisions of the Contract Docu- expensesustalnedplusreasonablelerminationexpenses,which merits; will include, but not be limited to, direct, indirect and con- sequential costs (including, but not limited to, fees and charges OWNER may, after giving CONTRACTOR (and the surety, of engineers, architects, attg.rneys and other professionals if there be one) seven days' written notice and to the extent and court and arbitration costs). permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's Contractor May Stop Work or Terminate: tools, appliances, construction equipment and machinery at 15.5. If, through no act or fault of COiqTRACTOR, the the site and use the same to the full extent they could be used Work is suspended for a period of more than ninety days by by CONTRACTOR (without liability to CONTRACTOR f9r OWNER or under an order of court or other public authority, trespass or conversion), incorporate in the Work all materials or ENGINEER fails to act on any Application for Payment and equipment stored at the site or for which OWNER has within thirty days after it is submitted, or OWNER fails for paid CONTRACTOR but which are stored elsewhere, and thirty days to pay CONTRACTOR any sum finally deter- finish the Work as OWNER may deem expedient. In such mined to be due, then CONTRACTOR may, upon seven case CONTRACTOR shall not he entitled to receive any days' written notice to OWNER and ENGINEER, terminate further payment until the Work is finished. If the unpaid the Agreement and recover from OWNER payment for all balance of the Contract Price exceeds the direct, indirect and Work executed and any expense sustained plus reasonable consequential costs of completing the Work (including but termination expenses. In addition and in lieu of terminating not limited to fees and charges ofengineers, architects, attor- the Agreement, if ENGINEER has failed to act on an Appli- heys and othir professionals and court and arbitration costs) cation for Payment or OWNER has failed to make any pay- such excess will be paid to CONTRACTOR. If such costs merit as aforesaid, CONTRACTOR may upon seven days' . exceed such unpaid balance, CONTRACTOR shall pay the written notice to OWNER and ENGINEER stop the Work difference to OWNER. Such costs incurred by OWNER will until payment of all amounts then due. The provisions of this be approved as to reasonableness by ENGINEER and incor- paragraph shall not relieve CONTRACTOR of the obligations porated in a Change Order, but when exercising any fights under paragraph 6.29 to carry on the Work in accordance or remedies under thls paragraph OWNER shall not be required with the progress schedule and without delay during disputes to obtain the lowest price for the Work performed, and disagreements with OWNER. Article 16 deleted and page omittedintentionally. [The remainder of this page was left blank intentionally.] 58 ARTICLE I'/--MISCELLANEOU~ sion or act of thc other putty or ol' any ol' the other party's Git'lng Notice: is legally liablc, chdm will bc made itl writing Io the other 17.1. Whcncvcr any provision of thc Contract Docu- injury or damuge. The provisions of this parugmph 17.3 shall men[s requires thc giving o~ whiten notice, it will be deemed to have been validly glvcn if delivered in person to the ladS- not bc const~cd as a substitute for or a waiver of thc pro- vidual or to a mcmber of the firm or to an officer of the visions ofany applicable slatule of l/mitation~ or repose. co~omlion for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last 17.4. The duties and obligations imposed by ~hcse Gan- business address known to the giver of the notice, cral Conditions and the rights and remedies avalhtblc here- under to the panics hereto, and, ia particular but without Computation of Time: limitation, the wa~nties, gua~n~ees and obligations im~sed 17.2.1. When any period of time is referred to in the upon CONTRA~ORbypamgraphs6.30, 13.1.13.12.13.14, Contact D~uments bydays, it will,computed [oexclude 14.3 and 15.2 and all of the rights and remedies available to the first and include the last day of such period. Kibe las( OWNER and ENGINEER thereunder, are i~ addi[ion to, day of any such period falls on a Saturday or Sunday or and are not to be const~i~ in any way as a limitation of, any on a day made a legal holiday by the law of the applicable rights and remedies available to any or all of them which are jurisdiction, such day will be omitted from the computa- othe~vise imposed or available by ~ws or Regulations, by lion. special wa~anty or gua~ntee or by other provisions of the Contract Documents, and the provisions of this pa~g~ph 17.2.2. A calend~ day of twenty-four hours measured will be as effective as if repeated specifically in the Contract from midn/ghl to the ~ext midnight ~hall constitute a day. Documents in connection with each pa~icular duty, obi[ga- llon. right and remedy to which they apply. All represents- General: lions, wa~anties and gua~ntees made in the Contract Doc- I7.3. Should OWNER or CONTRA~OR suffer i~jury umeats will su~iv¢ ~al payment and termination or corn- or damage to person or prope~y because of any e~or, orals- pletion of the Agreement. 59 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. Ail provisions which are not so amended or supplemented remain in full force and effect. 60 SC 1 DEFINED TERM~ The terms 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 ~orun 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. SC4.2.1 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: (1) State: Statutory (2) Applicable Federal (e.g. Longshoreman's): Statutory (3) Rmployers'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 .~AnnualAggregate 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 Explosion, 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 Each Person $500,000 Each Occurrence Property Damage: $100,000 Each Occurrence or combined single limit of $500,000 SC 5.4 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 byproviding 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 Cond±tions: "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: ~3 "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 CONTRACTOR. 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 CONTRACTOR 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 S~les. b. Receive samples which are furnished at the site by CONTRACTOR, and notify ENGINEER of availability of samples for examination. c. Advise ENGINEER and CONTRACTOR 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 RRRbelieves 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 byENGINEER. 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 CONTRACTOR'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 manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually in, tailed 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 CONTRACTOR 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 SECTION 03300 - CAST-IN-PLACE CONCRETE PART 1 - GENERAL I. 1 SUMMARY A. This Section includes cast-in-place concrete, including reinforcement, concrete materials, mix design, placement procedures, and finishes. 1.2 SUBMITTALS A. Product Data: For each manufactured material and product indicated. B. Design Mixes: For each concrete mix indicated. C. Shop Drawings: Include details of steel reinforcement placement including material, grade, bar schedules, stirrup spacing, bent bar diagrams, arrangement, and supports. D. Material certificates. 1.3 QUALITY ASSURANCE A. Manufacturer's Qualifications: A firm experienced in manufacturing ready-mixed concrete products complying with ASTM C 94 requirements for production facilities and equipment. B. Comply with ACI 301, "Specification for Structural Concrete, "including the following, unless modified by the requirements of the Contract Documents. 1. General requirements, including submittals, quality assurance, acceptance of structure, and protection of in-place concrete. 2. Formwork and form accessories. 3. Steel reinforcement and supports. 4. Concrete mixtures. 5. Handling, placing, and constructing concrete. PART 2 - PRODUCTS 2.1 MATERIALS A. Formwork: Furnish formwork and form accessories according to ACI 301. B. Steel Reinforcement: 1. Reinforcing Bars: ASTM A 615/A 615M, Grade 60 (Grade 420), deformed. 2. Plain-Steel Welded Wire Fabric: ASTM A 185, fabricated from as-drawn steel wire into flat sheet. C. Concrete Materials: 1. Portland Cement: ASTM C 150, Type I or II. 2. Normal-Weight Aggregate: ASTM C 33, uniformly graded, not exceeding 1-1/2 inch (38-mm) nominal size. 3. Water: Complying with ASTM C 94. City of Paris, Texas 03300 - 1 T-Hangar Building D. Admixtures: 1. Air-Entraining Admixture: ASTM C 260. E. Vapor Retarder: Multi-ply reinforced polyethylene sheet, ASTM E 1745, Class C, not less than 7.8 mils (0.18 mm) thick; or polyethylene sheet, ASTM D 4397, not less than 10 mils (0.25 mm) thick. F. Joint-Filler Strips: ASTM D 1751, asphalt-saturated cellulosic fiber. G. Curing Materials: 1. Evaporation Retarder: Waterborne, monomolecular film forming, manufactured for ap- plication to fresh concrete. 2. Absorptive Cover: AASHTO M 182, Class 2, burlap cloth made from jute or kenaf. 3. Moisture-Retaining Cover: ASTM C 171, polyethylene film or white burlap- polyethylene sheet. 4. Water: Potable. 5. Clear, Waterborne, Membrane-Forming Curing and Sealing Compound: ASTM C 1315, Type 1, Class A. 2.2 CONCRETE MIXES A. Comply with ACI 301 requirements for concrete mixtures. B. Design mixes prepared by engineer of foundations and floor slabs, proportioned according to ACI 301, for normal-weight concrete determined by either laboratory trial mix or field test data bases. C. Add air-entraining admixture at manufacturer's prescribed rate to result in concrete at point of placement having an air content of 2.5 to 4.5 percent. 1. Air content of trowel-finished interior concrete floors shall not exceed 3.0 percent. 2.3 CONCRETE MIXING A. Ready-Mixed Concrete: Comply with ASTM C 94. 1. When air temperature is between 85 and 90 deg F (30 and 32 deg C), reduce mixing and delivery time from 1-1/2 hours to 75 minutes; when air temperature is above 90 deg F (32 deg C), reduce mixing and delivery time to 60 minutes. B. Project-Site Mixing: Measure, batch, and mix concrete materials and concrete according to ASTM C 94. Mix concrete materials in appropriate drum-type batch machine mixer. 1. For mixer capacity of 1 cu. yd. (0.76 cu. m) or smaller, continue mixing at least 1-1/2 minutes, but not more than 5 minutes after ingredients are in mixer, before any part of batch is released. 2. For mixer capacity larger than 1 cu. yd. (0.76 cu. m), increase mixing time by 15 seconds for each additional 1 cu. yd. (0.76 cu. m). C. Provide batch ticket for each batch discharged and used in the Work, indicating Project identifi- cation name and number, date, mix type, mix time, quantity, and amount of water added. Rec- ord approximate location of final deposit in structure. City of Paris, Texas 03300 - 2 T-Hangar Building PART 3 - EXECUTION 3.1 INSTALLATION, GENERAL A. Formwork: Design, construct, erect, shore, brace, and maintain formwork according to ACI 301. B. Vapor Retarder: Install, protect, and repair vapor-retarder sheets according to ASTM E 1643; place sheets in position with longest dimension parallel with direction of pour. 1. Lap joints 6 inches (150 mm) and seal with manufacturer's recommended tape. C. Steel Reinforcement: Comply with CRSI's "Manual of Standard Practice" for fabricating, placing, and supporting reinforcement. 1. Do not cut or puncture vapor retarder. Repair damage and reseal vapor retarder before placing concrete. D. Joints: Construct joints tree to line with faces perpendicular to surface plane of concrete. 1. Construction Joints: Locate and install so as not to impair strength or appearance of con- crete, at locations indicated by engineer of foundations and floor slabs. 2. Isolation Joints: Install joint-filler strips at junctions with slabs-on-grade and vertical sur- faces, such as column pedestals, foundation walls, grade beams and other locations, as indicated by engineer of foundations and floor slabs. a. Extend joint fillers full width and depth of joint, terminating flush with finished concrete surface, unless otherwise indicated. 3. Contraction Joints in Slabs-on-Grade: Form weakened-plane contraction joints, section- ing concrete into areas as indicated. Construct contraction joints for a depth equal to at least one-fourth of the concrete thickness, as follows: a. Grooved Joints: Form contraction joints after initial floating by grooving and fin- ishing each edge of joint with groover tool to a radius of 1/8 inch (3 mm). Repeat grooving of contraction joints after applying surface finishes. Eliminate groover marks on concrete surfaces. b. Sawed Joints: Form contraction joints with power saws equipped with shatter- proof abrasive or diamond-rimmed blades. Cut 1/8-inch (3-mm) wide joints into concrete when cutting action will not tear, abrade, or otherwise damage surface and before concrete develops random contraction cracks. E. Tolerances: Comply with ACI 117, "Specifications for Tolerances for Concrete Construction and Materials." 3.2 CONCRETE PLACEMENT A. Comply with recommendations of ACI 304R for measuring, mixing, transporting, and placing concrete. B. Consolidate concrete with mechanical vibrating equipment. 3.3 FINISHING FORMED SURFACES A. Rough-Formed Finish: As-cast concrete texture imparted by form-facing material with tie holes and defective areas repaired and patched, and fins and other projections exceeding ~,4 inch (6 mm) in height rubbed down or chipped off. 1. Apply to concrete surfaces not exposed to public view. City of Pads, Texas 03300 - 3 T-Hangar Building B. Related Unformed Surfaces: At tops of walls, horizontal offsets, and similar unformed surfaces adjacent to formed surfaces, strike off smooth and finish with a texture matching adjacent formed surfaces. Continue final surface treatment of formed surfaces uniformly across adjacent unformed surfaces, unless otherwise indicated. 3.4. FINISHING UNFORMED SURFACES A. General: Comply with ACI 302.1R for screeding, restraightening, and finishing operations for concrete surfaces. Do not wet concrete surfaces. B. Screed surfaces with a straightedge and strike off. Begin initial floating using bull floats or dar- hies to form a uniform and open-textured surface plane before excess moisture or bleedwater apears on the surface. 1. Do not further disturb surfaces before starting finishing operations. C. Trowel Finish: Apply a hard trowel finish to floor and slab surfaces exposed to view. 3.5 CONCRETE PROTECTION AND CURING A. General: Protect freshly placed concrete from premature drying and excessive cold or hot tem- peratures. Comply with ACI 306.1 for cold-weather protection, and follow recommendations in ACI 305R for hot-weather protection during curing. B. Evaporation Retarder: Apply evaporation retarder to concrete surfaces if hot, dry, or windy conditions occur before and during finishing operations. Apply according to manufacturer's written instructions after placing, screeding, and bull floating or darbying concrete, but before float finishing. C. Begin curing after finishing concrete, but not before free water has disappeared from concrete surface. D. Cure formed and unformed concrete for at least seven days as follows: 1. Curing Compound: Apply uniformly in continuous operation by power spray or roller according to manufacturer's written instructions. Recoat areas subjected to heavy rainfall within three hours after initial application. Maintain continuity of coating and repair damage during curing period. 3.6 FIELD QUALITY CONTROL A. Testing Agency: Contractor will engage a qualified independent testing and inspecting agency to sample materials, perform tests, and submit test reports during concrete placement. Tests will be performed according to ACI 301. 1. Testing Frequency: At least one composite sample for each 100 cu. yd. (76 cu. m) or fraction thereof of each concrete mix placed each day. END OF SECTION 03300 City of Paris, Texas 03300 - 4 T-Hangar Building SECTION 13125 - HANGARS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Condi- tioas and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. T-Hangar. 2. Hangar. 3. Building components, as follows: a. Personnel doors, frames, and hardware. b. Sliding hangar doors. 4. Accessories and trim. 1.3 DEFINITIONS A. Width shall be as measured from center line to center line of endwall columns. B. Length shall be as measured from center line to center line of endwall. C. Et 7e height shall be as measures from the top of the cave purlin or door truss to the bottom of th ~ colamn base plate. D. Sliding hangar door size shall be the clear opening. 1.4 SYSTEM PERFORMANCE REQUIREMENTS A. General: Provide a complete, integrated set of metal hangar building system manufacturer's standard mutually dependent components and assemblies that form a metal building system ca- pable of withstanding structural and other loads, thermally induced movement, and exposure to weather without failure or infiltration of water into building interior. Include primary and sec- ondary framing, roof and wall panels, and accessories complying with requirements indicated, including those in this Article. B. Seismic Performance: Design and engineer metal building systems capable of withstanding the ef;:cts of earthquake motions determined according to the building code in effect for this Pro- ject or ASCE 7, "Minimum Design Loads for Buildings and Other Structures": Section 9, "~arthquake Loads," whichever is more stringent. C. Tl',ermal Movements: Provide metal building roof and wall panel systems that allow for ther- mal movements resulting from the following maximum change (range) in ambient and surface temperatures by preventing buckling, opening of joints, overstressing of components, failure of joint sealants, failure of connections, and other detrimental effects. Base engineering calcula- tion on surface temperatures of materials due to both solar heat gain and nighttime-sky heat loss. City of Parii, Texas 13125 - 1 T-Hangar Building 1. Temperature Change (Range): 120 deg F (67 deg C), ambient; 180 deg F (100 deg C), material surfaces. D. Water Penetration for Roof Panels: Provide roof panel assemblies with no water penetration as defined in the test method when tested according to ASTM E 1646 at a minimum differential pressure of 20 percent of inward-acting, wind-load design pressure of not less than 6.24 lbf/sq. ft. (300 Pa) and not more than 12 lbf/sq, ft. (575 Pa). E. Water Penetration for Wall Panels: Provide wall panel assemblies with no water penetration as defined in the test method when tested according to ASTM E 331 at a minimum differential pressure of 20 percent of inward-acting, wind-load design pressure of not less than 6.24 lbf/sq. ft. (300 Pa) and not more than 12 lbf/sq, ii. (575 Pa). F. Wind-Uplift Resistance: Provide roof panel assemblies that meet requirements of UL 580 for the following wind-upliit resistance: 1. Class 90. 1.5 SUBMITTALS A. Product Data: Include construction details, material descriptions, dimensions of individual components and profiles, and finishes for each type of the following metal building system components: 1. Structural-framing system. 2. Roof panels. 3. Wall panels. 4. Trim and closures. 5. Doors. B. Shop Drawings: For the following metal building system components. Include plans, eleva- tions, sections, details, and attachments to other Work. 1. For installed components indicated to comply with design loads, include structural analy- sis data signed and sealed by the qualified professional engineer responsible for their preparation. 2. Include complete design calculations for footings, foundations and floor slabs signed and sealed by a professional engineer responsible for their preparation who is legally author- ized to practice in the jurisdiction where the Project is located and who is experienced in providing structural engineering services. 3. Anchor-Bolt Plans: Include location, diameter, and projection of anchor bolts required to attach metal building to foundation. Indicate column reactions at each location. 4. Structural-Framing Drawings: Show complete fabrication of primary and secondary framing. Indicate welds and bolted connections, distinguishing between shop and field applications. Include transverse cross-sections. 5. Roof and Wall Panel Layout Drawings: Show layouts of panels on support framing, de- tails of edge conditions, joints, panel profiles, comers, custom profiles, supports, anchor- ages, trim, flashings, closures, and special details. Distinguish between factory- and field-assembled work. 6. Personnel Door Schedule: Provide schedule of doors and frames. Include details of rein- forcement and installation requirements for finish hardware. a. Provide hardware schedule. 7. Accessory Drawings: Include details of the incidental items, at a scale of not less than 1- 1/2 inches per 12 inches (1:10): City of Paris, Texas 13125 - 2 T-Hangar Building C. Samples for Initial Selection: Manufacturer's color charts showing the full range of colors available for each type of the following products with factory-applied color finishes: 1. Roof panels. 2. Wall panels. 3. Trim and closures. 4. Doors. D. Samples for Verification: For the following products, in manufacturer's standard sizes, showing the full range of color, texture, and pattern variations expected, in the profile and style indi- cated. Prepare Samples from the same material to be used for the Work. 1. Roof Panels: 12 inches (300 mm) long by actual panel width. Include clips, caps, bat- tens, fasteners, closures, and other exposed panel accessories. 2. Wall Panels: 12 inches (300 mm) long by actual panel width. Include clips, caps, bat- lens, fasteners, closures, and other exposed panel accessories. 3. Trim and Closures: 12 inches (300 mm) long. Include fasteners and other exposed ac- cessories. E. Product Certificates: Signed by manufacturers of metal hangar building systems certifying that prc~&lcts furnished comply with requirements. 1. Letter of Design Certification: Signed and sealed by a qualified professional engineer. Include the following: a. Name and location of Project. h. Order number. c. Name of manufacturer. d. Name of Contractor. e. Building dimensions, including width, length, height, and roof slope. f. Governing building code and year of edition. g. Design Loads: Include dead load, roof live load, collateral loads, roof snow load, deflection, wind loads/speeds and exposure, seismic zone. h. Load Combinations: Indicate that loads were applied acting simultaneously with concentrated loads, according to governing building code. i. Building-Use Category: Indicate category of building use and its effect on load importance factors. F. Welding Certificates: Copies of certificates for welding procedures and personnel. G. Erecrer Certificates: Signed by manufacturer certifying that erectors comply with requirements. H. Manufacturer Certificates: Signed by manufacturers certifying that they comply with require- ments. Include evidence of manufacturing experience. I. Qualification Data: For firms and persons specified in "Quality Assurance" Article to demon- strate their capabilities and experience. Include lists of completed projects with project names and addresses, names and addresses of architects and owners, and other information specified. J. Surveys: Show final elevations and locations of major members. Engage a qualified engineer or land surveyor to perform surveys and certify their accuracy. Indicate discrepancies between actual installation and the Contract Documents. K. Warranties: Special warranties specified in this Section. City of Paris, Texas 13125 - 3 T-Hangar Building 1.6 QUALITY ASSURANCE A. Erector Qualifications: An experienced erector who has specialized in erecting and installing work similar in material, design, and extent to that indicated for this Project and who is accept- able to manufacturer. B. Professional Engineer Qualifications: A professional engineer who is legally qualified to prac- tice in jurisdiction where Project is located and who is experienced in providing engineering services of the kind indicated. Engineering services are defined as those performed for installa- tions of metal building systems that are similar to those indicated for this Project in material, design, and extent. C. Manufacturer Qualifications: A firm experienced in manufacturing metal building systems similar to those indicated for this Project and with a record of successful in-service perform- 1. Engineering Responsibility: Preparation of Shop Drawings, testing program develop- ment, test result interpretation, and comprehensive engineering analysis by a qualified professional engineer. D. Surveyor Qualifications: A land surveyor who is legally qualified to practice in jurisdiction where Project is located and who is experienced in providing surveying services of the kind in- dicated. E. Source Limitations: Obtain each type of metal building system component through one source from a single manufacturer. F. Product Options: Drawings indicate size, profiles, and dimensional requirements of metal building system and are based on the specific system indicated. Other manufacturers' systems with equal performance characteristics may be considered. Refer to Division 1 Section "Substi- tutions.'' 1. Do not modify intended aesthetic effects, as judged solely by Architect, except with Ar- chitect's approval. If modifications are proposed, submit comprehensive explanatory data to Architect for review. 2. Manufacturing system represented on drawings is Erect-A-Tube, Inc. G. Welding: Qualify procedures and personnel according to AWS DI.1, "Structural Welding Code--Steel"; and AWS D1.3, "Structural Welding Code--Sheet Steel." 1.7 DELIVERY, STORAGE, AND HANDLING A. Deliver components, sheets, panels, and other manufactured items so as not to be damaged or deformed. Package roof and wall panels for protection during transportation and handling. B. Handling: Unload, store, and erect roof and wall panels to prevent bending, warping, twisting, and surface damage. C. Stack materials on platforms or pallets, covered with tarpaulins or other suitable weathertight and ventilated covering. Store roof and wall panels to ensure dryness. Do not store panels in contact with other materials that might cause staining, denting, or other surface damage. City of Paris, Texas 13125 - 4 T-Hangar Building 1.8 PROJECT CONDITIONS A. Weather Limitations: Proceed with installation only when weather conditions permit roof and wall panel installation to be performed according to manufacturer's written instructions and war- ranty requirements. B. Field Measurements: Verify metal building system foundations by field measurements before metal building fabrication and indicate measurements on Shop Drawings. Coordinate fabrica- tion schedule with construction progress to avoid delaying the Work. 1.9 COORDINATION A. Coordinate size and location of concrete foundations and casting of anchor-bolt inserts into foundation walls and footings. Concrete, reinforcement, and formwork requirements are speci- fied in Specification 03300 "Cast-in-Place Concrete." 1.10 WARRANTY A. General Warranty: Special warranties specified in this Article shall not deprive Owner of other rights Owner may have under other provisions of the Contract Documents and shall be in addi- tion to, and run concurrent with, other warranties made by Contractor under requirements of the Contract Documents. B. Special Warranty on Panels: Written warranty, executed by manufacturer agreeing to repair or replace roof and wall panels that fail in materials or workmanship within specified warranty pe- riod. 1. Warranty Period: Three years from date of Substantial Completion. C. Special Warranty on Panel Finishes: Written warranty, signed by manufacturer agreeing to re- pair finish or replace metal panels that show evidence of deterioration of factory-applied fin- ishes within specified warranty period. Deterioration of finish includes, but is not limited to, color fade, chalking, cracking, peeling, and loss of film integrity. 1. Warranty Period for Roof Panels: 20 years from date of Substantial Completion. 2. Warranty Period for Wall Panels: 20 years from date of Substantial Completion. PART 2 - PRODUCTS 2.1 MANUFACTURERS A. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: 1. Behlan Mfg. Co. 2. Erect-A-Tube, Inc. 3. Fulfab, Inc. 4. R & M Steel Company 5. Alliance Steel 2.2 STRUCTURAL FRAMING A. Primary structural framing shall be main load carry structural members. They shall include door trusses, rafters, interior columns, and exterior columns. City of Paris, Texas 13125 - 5 T-Hangar Building B. Rafters shall be steel wide flange beams "W" shaped ASTM A36 and shall be pre-punched for purlin connections, door truss, and interior column connections. Rat~ers shall be complete with factory welded ridge splice plates, and designed to support specified loads. C. Door truss shall span width of sliding hangar door opening and shall be shipped full length for ease of construction. Door tress design shall be integral with door design. Door truss shall be factory welded with chords 4" x 4" x 1/8" minimum square structural welded steel tube ASTM A500 GR.B and 3" x 1" x 1/8" minimum diagonal webbing. Door truss shall be pre-punched for column connection. D. Door columns shall be manufactured of steel wide flange beams "W" shapes ASTM A36 and shall be W6 x 15 pounds per foot minimum with pre-welded base plate and door truss saddles. E. Interior column shall be square structural welded steel tube ASTM A500 with pre-welded base plats and girt clips. 2.3 SECONDARY FRAMING A. Secondary framing shall be the structural members that carry the loads to the primary framing systems; and shall include the purlins, girts, wind bracing and miscellaneous structural mem- bers. B. Purlins shall be nominal 8" deep "Z" shaped members; and shall be manufactured of 16, 14, or 12 gauge steel designed for specific loads, and shall be fabricated of material based on the re- quirements of ASTM A570 or ASTM A572 as applicable. C. Exterior wall girts shall be fabricated from 4" square structural weld steel tube or rolling formed cee sections of ASTM A570 or ASTM A572 as applicable. D. Interior partition girt shall be fabricated from 4" x 16"ga. red oxide steel "CEE" sections. E. Provide wind bracing, rafter bracing, sheeting angles where required. 2.4 CONNECTIONS A. Structural field connections shall be bolted (unless otherwise noted). All primary bolted con- nections, as shown on manufacturer's drawing, shall be furnished with high strength bolts con- forming to the physical specifications of ASTM A-325 or shall be Grade 5. All Grade 5 bolts shall be zinc plated. 2.5 PR1ME COAT A. All structural members shall be shop primed red oxide. 2.6 ROOF PANELS A. Roof sheets shall be 26 ga. galvalume coating conforming to ASTM specification A-792 with panel configuration with I-1/8" min. high major ribs 12" on center. Panel coverage shall be 36" and shall be furnished full length from building cave to ridge purlin. A pre-formed ridge cap shall be provided. B. Galvalume coating (white) shall be as provided by Bethlehem Steel Corporation Bethlehem, PA 18016, or an accepted equal. City of Paris, Texas 13125 - 6 T-Hangar Building 2.7 WALL PANELS A. Wall sheet shall be 26 ga. galvalume coating conforming to ASTM specification A446 with a siliconized polyester coating. Panel configuration shall be l-l/8" min. major ribs 12" on center. Wall sheet shall be furnished full height. Color to be chosen by the Owner from manufacturer supplied standard colors. B. Siliconized polyester coating shall be as provided by Dexter Midland Division, The Dexter Corporation, and shall be Dexstar 850 and conform to ASTM D-$23-67 (72) (1), ASTM D- 2794-74, ASTM D-965, ASTM D-2247-68, ASTM B-117-68. 2.8 PARTITIONS A. Partition sheet shall be 29ga. galvalume. Panel configuration shale be full height. 2.9 TRIM AND CLOSURES A. Building trim shall include cave trim, gable trim, comer trim, service door trim, sliding hangar door trim. All trim shall be 26 ga. and manufactured of fiat stock material equal in quality to wall sheets and color as selected from manufacturer's standard color chart. Trim pieces shall be packaged for shipment at factory. B. Roof caulking shall be at all roof sheet side laps and at pre-formed ridge caps. Roof caulk shall be a tape sealant type and shall be pre-formed butyl rubber base and shall be supplied as a 3/16" x 3/8" extruded shape. C. Inside and outside semi-rigid cross-linked polyethylene foam closure shall be provided as re- quired to provide a bird proof building. Inside closure shall be self-adhesive. D. Fasteners provided as follows: 1. Roof fasteners shall be #12-14 x 1" Atlas Ultimate zinc-alloy head on carbon steel shank, hex head, with dual seal washer. 2. Roof stitch screws shall be #12 x ~" A.B. Atlas Ultimate zinc-alloy head screws with washers. 3. Wall fasteners shall be #12-14 x 1" hex head color match self-drilling sheet metal screws with washer. 4. Wall sheet stitch screws shall be ¼"-#14 x 'A" hex head color match self-drilling lap screw with washer. 5. Partition sheet fasteners shall be # 12-3/4" hex head zinc plated self-drilling screws. 6. All sheet metal screws shall be installed as shown on building manufacturer's erection plans. 2.10 BUILDiNG DESIGN A. Design loads shall be as stated herein. 1. 1994 Standard Building Code, or as adopted by City of Paris. 2. Live/Snow load: 20 psf. Allowance for unbalanced and drift loads 3. Dead Loads: Self weight of metal hangar building system plus 10 psfallowance for col- lateral loads. 4. Wind Load: 70mph B. Design calculations, drawings and documents shall contain information requested for permits and approval and sufficient information for building erection. City of Paris, Texas 13125 - 7 T-Hangar Building C. Foundation reactions shall be furnished by manufacturer. Design of floors and foundation shall be the responsibility of the Contractor. 2.11 SLIDING DOORS A. Sliding doors shall be as manufactured by metal hangar building manufacturer and shall be in- tegral with hangar building design. B. Standard Red oxide finishes on all formed shapes and door assembly components. C. Bottom Track Aluminum T Track. The tail of the track shall be placed directly in the concrete threshold with polyurethane cartridge caulk. No exposed fasteners. Use tracks of 10'-0" lengths. D. Top Guide Track. Top track is for fixed guide assembly. Use cee section 9 x 4 x 12 ga. With maximum deflection of 1/2" +/-. One cee member can track 2 door leafs (inner and outer). Each door leaf operates on its track system. E. Door framing. All members to be 6" tees, pre-punched for easy field assembly. All framing connections are secured with angle clips and fasteners. Bottom members are slotted for wheel installation. 1. Option "A": Door framing for a 42' x 12' opening will consist of two panels 21' x 12' bi~ parting. 2. Option "B": Door framing for a 40'-6" x 10'-6" opening will consist of two panels 20'-3" x 10'-6" bi-parting. 3. Option "C": Door framing for a 40' x 14' opening will consist of two panels 20' x 14' bi- parting. F. Top Guide Assembly. The top rail assembly shall be adjustable in the vertical position for alignment with top track. Guide assembly shall consist of a 2" diameter roller with roller pins and A-36 guide sub-assembly for easy attachment to verticals. G. Bottom Wheel Assembly. Install 8" phenolic groove wheel with 1/2" spanner bearings and axle grease fitting, mounted in a steel frame assembly. H. Vertical Weather Seal. Install a 3/16" x 6" astragal by astragal striping. Fasten with #12 x 3/4 Tek on 12" centers. I. Center Vertical Weather Seal. Install a 1/8" x 4" astragal by astragal striping. Fasten with #12 x 3/4 Tek on 12" centers. J. Bottom Horizontal Weather Seal. Install a 1/8" x 4" astragal secured by sandwiching exterior door sheets to bottom horizontal member. Maximum exposure to the weather is 1-1/8". K. Cane Bolts. Each door panel shall have adequate cane bolt assemblies to resist wind load. Cane bolts shall be 1" diameter x 18" long. Embedment into concrete floor shall be to a 3" minimum. L. Sliding Hangars doors shall be installed in accordance with the manufacturer's installation in- structions. City of Paris, Texas 13125 - 8 T-Hangar Building 2.12 ENTRY DOORS A. Provide a 3'-0" x 6'-0" steel entry door, 26 ga. trim package, weather stripping, lockset keypad and master keyed, for each storage room. 2. ! 3 BOLT LAYOUT A. Building manufactured to provide contractor with anchor layout plan and column reactions. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine substrates, with Erector present, for compliance with requirements for installation tol- erances and other conditions affecting performance of metal hangar building system. 1. For the record, prepare written report, endorsed by Erector, listing conditions detrimental to performance of work. 2. Proceed with erection only after unsatisfactory conditions have been corrected. B. Before erection proceeds, survey elevations and locations of concrete and masonry bearing sur- faces, baseplates, and anchor bolts to receive structural framing. Verify compliance with re- quirements and metal building system manufacturer's tolerances. 3.2 PREPARATION A. Clean substrates of substances, including oil, grease, rolling compounds, incompatible primers, and loose mill scale, that impair bond of erection materials. B. Surface Preparation: Clean and prepare surfaces to be painted according to manufacturer's writ- ten instructions for each particular substrate condition and as specified. 3.3 ERECTION A. Erect metal hangar building system according to manufacturer's written instructions and erec- tion drawings. B. Do not field cut, drill, or alter structural members without written approval from metal building system manufacturer's professional engineer. C. Set structural framing in locations and to elevations indicated. Maintain structural stability of frame during erection. D. Baseplates and Bearing Plates: Clean concrete and masonry bearing surfaces of bond-reducing materials and roughen surfaces before setting baseplates and bearing plates. Clean bottom sur- face of baseplates and bearing plates. 1. Set baseplates and bearing plates for structural members on wedges, shims, or setting nuts. 2. Tighten anchor bolts after supported members have been positioned and plumbed. Do not remove wedges or shims but, if protruding, cut off flush with edge of baseplate or bearing plate before packing with grout. 3. Pack grout solidly between bearing surfaces and plates so no voids remain. Finish ex- posed surfaces, protect installed materials, and allow to cure. City of Paris, Texas 13125 - 9 T-Hangar Building a. Comply with manufacturer's written instructions for proprietary grout materials. E. Align and adjust framing members before permanently fastening. Before assembly, clean bear- ing surfaces and other surfaces that will be in permanent contact. Make adjustments to compen- sate for discrepancies in elevations and alignment. 1. Level and plumb individual members of structure. 2. Establish required leveling and plumbing measurements on mean operating temperature of structure. Make allowances for difference between temperature at time of erection and mean temperature at which structure will be when completed and in service. F. Primary Framing and End Walls: Erect framing tree to line, level, plumb, rigid, and secure. Level baseplates to a true even plane with full bearing to supporting structures, set with double- nutted anchor bolts. Use grout m obtain uniform bearing and to maintain a level base-line ele- vation. Moist cure grout for not less than seven days after placement. 1. Make field connections using high-strength bolts. Tighten bolts by Mm-of-the-nut method. G. Secondary Framing: Erect framing true m line, level, plumb, rigid, and secure. Fasten secon- dary framing m primary framing using clips with field connections using non-high-strength bolts. Hold rigidly to a straight line by sag rods. 1. Provide rake or gable purlins with tight-fitting closure channels and fasciae. 2. Locate and space wall girts to suit door arrangements and heights. 3. Provide supplemental framing at entire perimeter of openings, including doors and other penetrations of roof and walls. H. Bracing: Install bracing in roof and sidewalls where indicated on erection drawings. 1. Tighten rod and cable bracing to avoid sag. 2. Locate interior end bay bracing only where indicated. I. Framing for Openings: Provide shapes of proper design and size to reinforce openings and to carry loads and vibrations imposed, including equipment furnished under mechanical and elec- trical work. Securely attach to building structural frame. 3.4 ROOF PANEL INSTALLATION A. General: Provide roof panels of full length from cave to ridge when possible. Install panels perpendicular to purlins. 1. Field cutting by torch is not permitted. 2. Rigidly fasten cave end of roof panels and allow ridge end free movement due to thermal expansion and contraction. Predrill panels. 3. Provide weatherseal under ridge cap. 4. Flash and seal roof panels with weather closures at eaves, rakes, and at perimeter of all openings. Fasten with self-tapping screws. 5. Install screw fasteners with power tools having controlled torque adjusted to compress neoprene washer tightly without damage to washer, screw threads, or panels. Install screws in predrilled holes. 6. Use aluminum or stainless-steel fasteners for exterior applications and galvanized fasten- ers for interior applications. 7. Locate and space fastenings in tree vertical and horizontal alignment. 8. Install ridge caps as roof panel work proceeds. 9. Locate panel splices over, but not attached to, structural supports. Stagger panel splices to avoid a four-panel lap splice condition. City of Paris, Texas 13125 - 10 T-Hangar Building B. Lap-Seam Roof Panels: Fasten roof panels to purlins with exposed fasteners at each lapped joint at location and spacing determined by manufacturer. 1. Arrange and nest side-lap joints so prevailing winds blow over, not into, lapped joints. Lap ribbed or fluted sheets one full rib corrugation. Apply panels and associated items for neat and weathertight enclosure. Avoid "panel creep" or application not tree to line.. 2.Locate and space exposed fasteners in tree vertical and horizontal alignment. 3. Provide sealant tape at lapped joints of roof panels and between panels and protruding equipment, vents, and accessories. 4. Apply a continuous ribbon of sealant tape to weather-side surface of fastenings on end laps, and on side laps of nesting-type panels. 5. At panel splices, nest panels with minimum 6-inch (150-mm) end lap, sealed with butyl sealant and fastened together by interlocking clamping plates. 3.5 WALL PANEL INSTALLATION A. General: Provide panels full height of building when possible. Install panels perpendicular to girts. 1. Arrange and nest side-lap joints so prevailing winds blow over, not into, lapped joints. Install panels with vertical edges plumb. Lap ribbed or fluted sheets one full rib corruga- tion. Apply panels and associated items for neat and weathertight enclosure. Avoid "panel creep" or application not true to line. 2. Unless otherwise indicated, begin panel installation at corners with center of rib lined up with line of framing. 3. Field cutting by torch is not permitted. 4. Align bottom of wall panels and fasten with blind rivets, bolts, or self-tapping screws. 5. Fasten flashing and trim around openings and similar elements with self-tapping screws. 6. When two rows of panels are required, lap panels 4 inches (100 mm) minimum. Locate panel splices over structural supports. 7. When building height requires two rows of panels at gable ends, align lap of gable panels over wall panels at cave height. 8. Install screw fasteners with power tools having controlled torque adjusted to compress neoprene washer tightly without damage to washer, screw threads, or panels. Install screws in predrilled holes. 9. Provide weather-resistant escutcheons for pipe and conduit penetrating exterior walls. 10. Flash and seal wall panels with weather closures under eaves and rakes, along lower panel edges, and at perimeter of all openings. 11. Apply elastomeric sealant continuously between metal base channel (sill angle) and con- crete, and elsewhere as necessary for waterproofing. Handle and apply sealant and backup according to sealant manufacturers written instructions. 12. Use aluminum or stainless-steel fasteners for exterior applications and galvanized fasten- ers for interior applications. 13. Locate and space fastenings in true vertical and horizontal alignment. 3.6 DOOR INSTALLATION A. General: Comply with manufacturer's written instructions for installing doors, hardware, opera- tors, and other door components. Coordinate installation with wall flashings and other compo- nents. Seal perimeter of each door frame with elastomeric sealant used for panels. B. Personnel Doors and Frames: Install doors and frames straight, level, and plumb. Securely an- chor frames to building structure. Set units with maximum 1/8-inch (3-mm) clearance between door and frame at jambs and head and maximum 3/4-inch (19-mm) clearance between door and floor. City of Paris, Texas 13125 - 11 T-Hangar Building C. Hardware: Mount units at heights indicated in DHI's "Recommended Locations for Architec- tural Hardware for Standard Steel Doors and Frames." 1. Install surface-mounted items after finishes have been completed on substrates involved. 2. Set units level, plumb, and true to line and location. Adjust and reinforce substrate as necessary for proper installation and operation. 3. Drill and countersink units that are not factory prepared for anchorage fasteners. Space fasteners and anchors according to industry standards. 4. Set thresholds for exterior doors in full bed of butyl-rubber or polyisobutylane mastic sealant complying with manufacturer's installation requirements and instructions. 3.7 ACCESSORY INSTALLATION A. General: Install gutters, downspouts, ventilators, louvers, and other accessories according to manufacturer's written instructions, with positive anchorage to building and weathertight mounting. Coordinate installation with flashings and other components. B. Flashing and Trim: Comply with performance requirements, manufacturer's written installation instructions, and SMACNA's "Architectural Sheet Metal Manual." Provide for thermal expan- sion of metal units; conceal fasteners where possible, and set units tree to line and level as indi- cated. Install work with laps, joints, and seams that will be permanently watertight and weather resistant. 1. Install exposed flashing and trim that is without excessive oil canning, buckling, and tool marks and that is true to line and levels indicated, with exposed edges folded back to form hems. Install sheet metal flashing and trim to fit substrates and to result in water- proof and weather-resistant performance. 2. Expansion Provisions: Provide for thermal expansion of exposed flashing and trim. Space movement joints at a maximum of 10 feet (3 m) with no joints allowed within 24 inches (610 mm) of corner or intersection. Where lapped or bayonet-type expansion pro- visions cannot be used or would not be sufficiently weather resistant and waterproof, form expansion joints of intermeshing hooked flanges, not less than 1 inch (25 mm) deep, filled with mastic sealant (concealed within joints). 3. Separations: Separate metal from incompatible metal or corrosive substrates by coating concealed surfaces, at locations of contact, with asphalt mastic or other permanent separation as recommended by manufacturer. C. Pipe Flashing: Form flashing around pipe penetration and roof panels. Fasten and seal to roof panel as recommended by manufacturer. 3.8 ERECTION AND LOCATION TOLERANCES A. Roof Panel Installation Tolerances: Shim and align units within installed tolerance of 1/4 inch in 20 feet (6 mm in 6 m) on slope and location lines as indicated and within 1/8-inch (3-mm) offset of adjoining faces and of alignment of matching profiles. B. Wall Panel Installation Tolerances: Shim and align units within installed tolerance of 1/4 inch in 20 feet (6 mm in 6 m) on level, plumb, and location lines as indicated and within 1/8-inch (3- mm) offset of adjoining faces and of alignment of matching profiles. 3.9 ADJUSTING A. Doors: At~er completing installation, lubricate, test, and adjust doors to operate easily, free from warp, twist, or distortion. City of Paris, Texas 13125 - 12 T-Hangar Building B. Hardware: Adjust and check each operating item of hardware to ensure proper operation and function. Replace units that cannot be adjusted to operate freely and smoothly. 1. Where door hardware is installed more than one month before acceptance or occupancy, make final check and adjustment of hardware items during the week before acceptance or occupancy. Clean operating items as necessary to restore proper function and finish of hardware and doors. Adjust door control devices to compensate for final operation of heating and ventilating equipment. 3.10 CLEANING AND PROTECTION A. Touchup Painting: Immediately after erection, clean, prepare, and prime or reprime welds, bolted connections, and abraded surfaces of prime-painted primary and secondary framing, ac- cessories, and bearing plates. 1. Clean and prepare surfaces by hand-tool cleaning, SSPC-SP 2, or power-tool cleaning, SSPC-SP 3. 2. Apply compatible primer of same type as shop primer used on adjacent surfaces. B. Touchup Painting: Cleaning and touchup painting of field welds, bolted connections, and abraded surfaces of shop-painted primary and secondary framing, accessories, and bearing plates are included in Division 9 Section "Painting." C. Repair damaged galvanized coatings on exposed surfaces with galvanized repair paint accord- ing to ASTM A 780 and manufacturer's written instructions. D. Roof and Wall Panels: Remove temporary protective coverings and strippable films, if any, as soon as each panel is installed. On completion of panel installation, clean finished surfaces as recommended by panel manufacturer and maintain in a clean condition during construction. 1. Replace panels that have been damaged or have deteriorated beyond successful repair by finish touchup or similar minor repair procedures. E. Doors: Immediately after erection, sand smooth any rusted or damaged areas of prime coat and apply touchup of compatible air-drying primer. 1. Protection Removal: Immediately before final inspection, remove protective wrappings from doors and frames. END OF SECTION 13125 City of Paris, Texas 13125 - 13 T-Hangar Building SECTION 15200- ELECTRICAL PART 1 - GENERAL 1.1 SUMMARY A. This Section includes the filmishing and installation of all copper wiring, conduit, interior lights, switches/receptacles, exterior lights, circuit box, electric service box, and appurtenances. 1.2 REQUIREMENTS A. All electrical items and work must comply with the rules, regulations, ordinances, codes, manu- als, and licensing requirements of the City of Paris. Permits will be required for all work asso- ciated with this project, but permit and inspection fees will be waived by the City. 1.3 SUBMITTALS A. Product Data: Include construction details, material descriptions, dimensions of individual components and profiles, and finishes for each type of the following components: 1. Circuit Board. 2. Light Fixtures. (Interior & Exterior) 3. Switches. Appurtenances. PART 2 - SYSTEM REQUIRMENTS 2.1 SEVEN UNIT T-HANGAR: A. Single Pole Switches with Receptacle - 9 Total. B. 175 Watt Mercm~ Vapor Lights, exterior wall mounted, with photoelectxic eye - 6 Total. C. Fluorescent Slrip Lights, two (2) bulbs, four (4) feet long - 9 Total. D. Six (6) Electrical Circuit Can, surface mounted - 1 Total. E. Provide Four (4) circuits, with two (2) spares. F. All copper wiring shall be copper. G. EMT Conduit (thin wall) required. H. Electrical Service shall be Three (3) - #4 THWN cooper. 2.2 TEN UN1T NESTED T-HANGARS: A. Single Pole Switches with Receptacle - 12 Total. B. 175 Watt Mercury Vapor Lights, exterior wall mounted, with photoelectric eye - 6 Total. C. Huorescent Strip Lights, two (2) bulbs, eight (8) feet long - 12 Total. D. Eight (8) Elec~xical Circuit Can, surface mounted - 1 Total. E. Provide Six (6) circuits, with two (2) spares. F. All copper wiring shall be copper. G. EMT Conduit (thin wall) required. H. Electrical Service shall be Three (3) - ~4 THWN COlder. END OF SECTION 15200 City of Paris, Tex~ 15200 - 1 T-Hangar Building TABLE OF CONTENTS Advertisemem for Bids ................................................. 1 Instructions to Bidders .................................................. 2 Bid ............................................................... 9 Bid Bond ................................................................... 15 Notice of Award ...................................................... 16 Agreement ......................................................... 18 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 Technical Specifications ................................................ 69 PUBLISH PARIS NEWS DATE: July 25, 2001 DATE: August 1, 2001 ADVERTISEMENT FOR BIDS PROJECT: NESTED T-HANGAR, COX FIELD OWNER: CITY OF PARIS, PARIS, TEXAS Sealed bids for the constrUction of a 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 1st SE Street, Paris, Texas 75460, until Tuesday, August 7, 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., Thursday, July 26, 2001. CITY ENGINEER'S OFFICE City Hall Annex 150 1st 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~q~'~ ¢ %~..~,' ~ Matfie Cunningham x~ ,,,a 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 carefully 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 furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. 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 interpretations or clarifications will be without legal effect. 5.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. 6. Bid Security. 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, ifa 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 falls 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 Damages. 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. I 1.3 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). 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 Acceptance. 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 falls 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. 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 ofmaj or 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 Security. 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. Signing of Agreement. When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen 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. 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. Retainage. 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. 8