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07-A Gateway Repair ProjectDRAFT LISAkRESOLUTIONS\CURRENT\Gateway Award Res November 7, 2001 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AWARDING THE BID AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR THE REPAIR OF THE GATEWAY PROJECT ENTRY SIGN AT THE SOUTH ENTRANCE TO PARIS; 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 4th day of October, 2001, in Resolution No. 2001-175, approve the advertisement for bids for furnishing labor, materials, and equipment, and for performing all work required for the "Gateway Project Entry Sign Repair Project," which bids were received until 3:00 o'clock P.M., Tuesday, the 6th day of November, 2001; and, WHEREAS, the best bid for such repair project was made by Hansen & Associates, Inc. of Paris, Texas, and it should be awarded the bid for the same; and, WHEREAS, the form of the contract for such repair 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 to this resolution are hereby in all things approved. Section 2. That the bid of Hansen & Associates, Inc. for the "Gateway Project Entry Sign Repair Project" in the amount of $19,844.00, 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 contract with Hansen & Associates, Inc., 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 contract with Hansen & Associates, Inc., 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 12th day of November, 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 12th day of November in the year 2001 by and between City of Paris, Paris, Texas, (hereinafter called OWNER) and Hansen & Associates, Inc. (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: reconstruction of structural framing, and exterior insulation and finish system application and other appurtenant construction, complete in place. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: GATEWAY PROJECT REPAIR. 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 45 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 60 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 and no/100 dollars $100.00 .) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER fifty and no/100 dollars ($. 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. 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 of 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. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1 This Agreement (pages __ to __, inclusive). 8.2 Exhibits to this Agreement (pages __ to __., inclusive.) 8.3 Performance and other Bonds, identified as exhibits pages. 8.4 Notice of Award. 8.5 General Conditions (pages __ to __ inclusive). 8.6 Supplementary Conditions (pages __ to __.,inclusive). 8.7 Specifications bearing the title GATEWAY PROJECT REPAIR and consisting of and __ pages, as listed in table of contents thereof. 8.8 Drawings, consisting of a cover sheet and sheets numbered__ through each sheet bearing the following general title: GATEWAY PROJECT REPAIR. 8.9 Addenda numbers to 8.10 CONTRACTOR's Bid (pages __ to __ __, inclusive. , inclusive) marked exhibit __ 8.11 Documentation submitted by CONTRACTOR prior to Notice of Award (pages ., inclusive). and consisting of divisions inclusive with to 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 G e n e r a 1 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. Article 9. MISCELLANEOUS 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bond; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the affect of this restriction may be limited by law),and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successor, assigns and legal representative to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. Article 10. OTHER PROVISIONS. NONE 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 ENG1NEER on their behalf. This Agreement will be effective on November 12, 2001. OWNER: CITY OF PARIS, PARIS, TEXAS CONTRACTOR: HANSEN AND ASSOCIATES, INC. By: Michael J. Pfiester, Mayor By: Name: Title: ATTEST: ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Secretary (SEAL) Larry W. Schenk, City Attorney Address for giving notices: P.O. Box 9037 Paris, Texas 75461-9037 Address for giving notices: 3035 Oak Creek Drive Paris, Texas 75462 License No. Agent for service of process: 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 12th day of November, 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 (Name), (Title) of Hansen and Associates, Inc., 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 __., 2001. __ day of Notary Public, State of Texas Printed Name: My commission expires: AGREEMENT THIS AGREEMENT is dated as of the 12th day of November in the year 2001 by and between City of Paris, Paris, Texas, (hereinafter called OWNER) and Hansen & Associates, Inc. (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: reconstruction of structural framing, and exterior insulation and finish system application and other appurtenant construction, complete in place. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: GATEWAY PROJECT REPAIR. 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 45 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 60 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 and no/100 dollars $100.00 .) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER fifty and no/100 dollars ($. 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. 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 of 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. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1 This Agreement (pages __ to __, inclusive). 8.2 Exhibits to this Agreement (pages __ to __., inclusive.) 8.3 Performance and other Bonds, identified as exhibits pages. 8.4 Notice of Award. 8.5 General Conditions (pages __ to __ inclusive). 8.6 Supplementary Conditions (pages __ to __.,inclusive). 8.7 Specifications bearing the title GATEWAY PROJECT REPAIR and consisting of and __ pages, as listed in table of contents thereof. 8.8 Drawings, consisting of a cover sheet and sheets numbered__ through each sheet bearing the following general title: GATEWAY PROJECT REPAIR. 8.9 Addenda numbers to 8.10 CONTRACTOR's Bid (pages __ to __ __, inclusive. , inclusive) marked exhibit __ 8.11 Documentation submitted by CONTRACTOR prior to Notice of Award (pages ., inclusive). and consisting of divisions inclusive with to 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 G e n e r a 1 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. Article 9. MISCELLANEOUS 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bond; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the affect of this restriction may be limited by law),and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successor, assigns and legal representative to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. Article 10. OTHER PROVISIONS. NONE 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 ENG1NEER on their behalf. This Agreement will be effective on November 12, 2001. OWNER: CITY OF PARIS, PARIS, TEXAS CONTRACTOR: HANSEN AND ASSOCIATES, INC. By: Michael J. Pfiester, Mayor By: Name: Title: ATTEST: ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Secretary (SEAL) Larry W. Schenk, City Attorney Address for giving notices: P.O. Box 9037 Paris, Texas 75461-9037 Address for giving notices: 3035 Oak Creek Drive Paris, Texas 75462 License No. Agent for service of process: 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 12th day of November, 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 (Name), (Title) of Hansen and Associates, Inc., 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 __., 2001. __ day of Notary Public, State of Texas Printed Name: My commission expires: MEMORANDUM TO: FROM: DATE: SUBJECT: Michael E. Malone, City Manager Honorable Mayor and City Council Shawn Napier, City Engineer November 7, 2001 Award of Bid - Gateway Project Repair Competitive bids were received for the referenced project on November 6, 2001, at 3:00 P.M. Attached is a tabulation of bids received for your review. I respectfully recommend that the bid be awarded to Hansen & Associates, Inc., Paris, TX, in the amount of $19,844.00 Respectfully, S. Shawn Napier, P.E. City Engineer BID OPENING City of Paris Gateway Project Repair November 6, 9.001 3:00 P.M. CONTRACTOR BID PRICE Hansen and Associates $19,844.00 Midey Construction $24,000.00 PUBLISH TWICE: SUNDAY, OCTOBER 21, 2001 :SUNDAY, OCTOBER 28, 2001 ADVERTISEMENT FOR BIDS Sealed bids for the repair of the Gateway Project entry sign located at the south entrance to Paris, Texas, in the 2100 block of S. Church Street (S.H. 19124), will be received by the City of Paris, Paris, Texas, at the office of the City Manager, City Hall, 135 t st Street S.E., P. O. Box 9037, Paris, Texas 75461- 9037, until 3:00 p.m. on Tuesday, November 6, 2001, at which time all bids will be publicly opened, read aloud, tabulated, and referred to the City Council for the purpose of letti.ng such bid. Contract Documents may be examined at the City of Paris Engineering Office, City Hall Annex, 150 1st Street S.E., Paris, Texas. Contract Documents may be obtained at the City of Paris Engineering Office by depositing a check in the amount of $10.00 per set payable to the City of Paris, which amount shall be non-refundable. The City of Paris, as owner, reserves the right to reject any or all bids, to waive any informality in bidding, and to award bids as may be advantageous to the City. Time of completion of the project is a consideration in the awarding of this bid. Bidders are notified of City exemption from otherwise applicable sales and excise taxes. All 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. CITY OF PARIS, PARIS, TEXAS Mattie Cunningham, City'Clerk RECEIVED BID FORM GATEWAY PROJECT REPAIR CONTRACT IDENTIFICATION AND NUMBER: 41.L THIS BID IS SUBMITTED TO: The Honorable Mayor and City Council City Hall 135 SE 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 ,q/A, Number Co) 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. (d) BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examlnat~ons, lnvesttgatxons, 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. (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, 9 investigations, explorations, tests reports or similar information or data in respect"'b'f said Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. (i) 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 confhcts, errors or d~screpanc~es that at has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER. (la) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or roles of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, finn or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. 4. BIDDER will complete the work for the following lump stun price(s): TOTAL BASE BID PRICE 6t~,~,~-~ TM .~-~- ~,-~ ~'~-~;~ ~($ (figures) (use words) 5. BIDDER agrees that the Work will be substantially complete within 45 calendar days after the d~te 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 60 calendar days after the date when the Contracl Time commences to nm. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure tc 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 5' ~, . 7. Communications concerning the Bid shall be addressed to the address of BIDDER indicated below 8. Contractor shall have the option of whether or not to provide performance and payment bonds. If bonds are not provided, then payment will be made only at the successful conclusion of th project. NO PARTIAL PAYMENTS WILL BE MADE. If bonds are provided, partial payments will be made not more frequently than onc~ per mont based on the progress of the work. SUBMITTED ON ~.~mr~,2001. 10 If BIDDER is: (Individual's Name) doing business ~ ~ Business address: Phone Number: _ (Firm Name) Business address: Phone Number: .(SEAL) A Corporation (Corporation Name) By (State of Incorporation) (Name of Perso~f'thofiz~d to Sign)' (Title) (Corporate Seal~./ -- (Secretary) Business address: ,~c:>~ ~ ~'~'-~ 2~.,,.-~-- Phone Number: ?~. 7,~. ~--~-~-~-' Joint Ventur~ By_ · (Name) ~ ach joint venturer must sign. The manner of signing for each indiwdual,~'P, and ~rporation that is a party to the joint venture should be m the manner indicated abov~--...~ CUMBERLAND CASUALTY & SURETY COMPANY 4311 W. WATERS AVE., TAMPA, FL 33614 Bid Bond BOND NO. BB0699000561 KNOW ALL MEN BY THESE PRESENTS, that we HANSEN & ASSOCIATES, INC. 3035 OAK CREEK DRIVE, PARIS, TX 75462 as Principal, hereinafter called the Principal, and CUMBERLAND CASUALTY & SURETY COMPANY 4311 W. WATERS AVE.SUITE #401, TAMPA, FL 33614 / a corporation duly organized under the laws of the State of FLORIDA as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF PARIS as Obligee, hereinafter called the Obligee, in the sum of 5 % OF BID NOT TO EXCEED ONE THOUSAND SIX HUNDRED FIFTY AND 00/100 Dollars ( $ 1,650.00), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for GATEWAY PROJECT REPAIR NOW, THEREFORE, if the Obligee shall accept the bid of the Prinicpal and the Principal shall enter into a C4ntract with the Obligee in accordance with thc terms of such bid and give such bond or bonds as may be specified inthe bidding or Contract Documents with good and sufficient surety lbr the faithful performance of such Contract t~r thc prompt payment of labor and material thrnished in the prosecution thereof, or in the event of the failure of the l~rineipal to enter such a contract and give such bond or bonds, if thc Principal shall pay to the Obligec the dift~:rence no, to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obli~ee may in good faith contract with another party to perform the Work covered by said bid then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 6th day of November, 2001. (Witness) (Witness) HANSEN & ASSOCIATES~ INC. (x4itle) CUMBERLAND CASUALTY & SURETY COMPANY Seal) ;eal) (Attorney-In-Fact)Pauline L. Lesch UTE OF' This document confurms to AIA Document A310 BID BOND. FEBRUARY 1970 ED. THE AMERICAN INST£ ARCHITECTS, 1735 N Y AVE. NW, WASHINGTON, DC 20006 Cumberland Casualty & Surety Company In accordance with Section 2253.021 (f), Texas Government Code and Section 53.~02(6), Texas Property Code, any notice of claim to the named surety under this bond(s) sr~ould be sent to: Cumberland Casualty & Surety Company 4311 West Waters, Suite 501 Tampa, Florida 33614 Phone No. 813-885-2112 Fax No. 813-885-6734 CUMBERLAND CASUALTY & SURETY COMPANY TAMPA, FLORIDA BOND N2_ BB0699000561 KNOW ALL MEN BY THESE PRESENTS: That the Cumberland Casualty & Surety Company, a corporation duly organized under the laws of the State of Florida,having its principal office in the city of Tampa, Florida, pursuant to the fotlowing resolution, adopted by the Board of Directors of the said Company on the 15th day of April, 1999, to wit: "Resolved, that the President of the Company sha~l have the authority to make, execute and deliver a Power of Attorney constituting as attorney(s)-in-Fact, such persons, firms, or corporations as may be selected from time to time. Be It further resolved, that the signature of the president, Secretary and the Seal of the Company may be affixed to any such power of Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in tl~e future with respect to any bond or consents for the release of retained percentages and/or final estimates on engineering and construct[on contracts or similar authority or undertaking to which it is attached." Cumberland Casuaity& Surety Company does Hereby make, constitute and appoint Pauline L. Lesch its true and [awful attorney(s)-in-fact, for it and in its name, to sign, execute, acknowledge, deliver, act and deed on its behalf in issuing the bond BB069g000561 in the amount of $1,650.00 and to bind Cumberland Casualty & Surety Company thereby as fully and to the same extent as if such bond or undertaking was signed by the dub/authorized officer of Cumberland Casualty & Surety Company, and all the acts of said attorney(s)-in-fact pursuant to the authority herein given, and hereby ratified and confirmed. IN WITNESS WHEREOF, Cumberland Casualty & Surety Company has caused these presents to be signed by an officer ofihe Company and its Corporate Seal to be hereto affixed. STATE OF FLORIDA ) ~ CUMBERLAND CASUALTY & SURETY cOMPANY COUNTY OF HILLSBOROUGH) Edward J. Edenfleld IV, President On this 15th day of April, A.D. 1999, before me personally came Edward J. Edenfieid IV, to me known, who being by me duly sworn, did depose and say; that he resides in the County of Hillsborough,State of Florida; that he is President of Cumberland Casualty & Surety Company, the corporation described in and which executed the above instrument; that he knows the seal 9f said corporation; that the seal affixed to the said instruments is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. ~On.t-9'Y. PO¢9~ BEVERLY ANN JERRY STATE OF FLORIDA ) Conunission # No. CC 758867 Expires August 22. 2002 ) SS ~e~ ~g,~ ~ BONDED THRU COUNTY OF HILLSBOROUGH) '~ ~-0F ATLANTIC BONDING CO.. INC. I, the undersigned, Secretary of Cumberland Casualty & Surety Company, a Florida Corporation, that the foregoing and attached POWER OF ATTORNEY remains in full force. Signed and Sealed at the City of Tampa. Principal: HANSEN & ASSOCIATES, INC. Bond Type: CUMBERLAND BID BOND Obliges: CITY OF PARIS DO HEREBY ~ERTIFY Dated the 6th Day of November 2001 Carol S. Black. Secretary BID FORM PROJECT IDENTIFICATION: GATEWAY PROJECT REPAIR CONTRACT IDENTIFICATION AND NUMBER: 41.L RECE. _ED C i~T~~A20111 GER PARIS, TEXAS THIS BID IS SUBMITTED TO: The Honorable Mayor and City Council City Hall 135 SE 1st Street Pads, Texas 75460 1. The undersigned BIDDERproposes 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 Co) 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. (d) BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) ail 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. (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, 9 investigations, explorations, tests reports or similar information or data in respect~rff said Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work at the Contract Price, witbJn the Contract Time and in accordance with the other terms and conditions of the Contract Documents. (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, £uma or corporation and is not submitted in conformity with any agreement or roles of any group, association, organization or corporation; BIDDER has not direcfly or indirectly induced Or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, faro or corporation to refi:aln fi:om bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. 4. BIDDER will complete the work for the following lump sum price(s): TOTAL BASE BID PR/CE TWENTY-FOUR THOUSAND ( $ 24,000.00 ) (use words) (figures) 5. BIDDER agrees that the Work will be substantially complete within 45 calendar days after the d~te when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment within 60 calendar days after the date when the Contract Time commences to mn. 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. Contractor shall have the option of whether or not to provide performance and payment bonds. If bonds are not provided, then payment will be made only at the successful conclusion ofth~ project. NO PARTIAL PAYMENTS WILL BE MADE. If bonds are provided, partial payments will be made not more frequently than onc~ per mont/ based on the progress of the work. SUBMITTED ON 11/5/01 .,2001. 'tO If BIDDER is: An Individual By doing business as Business address: Danny Midey (Individual'sName) Midey Construction 6045 Laura Ln. Paris, Tx 75462 -~(SEAL) Phone Number: _ Byr (Finn Name) (SEAL) (General partner) Business address: Phone Number: A Corporation. By (Corporation Name) (State of Incorporation) By (Name of Person Authorized to Sign) (Title) (Corporate Seal) Attest (Secretary) Business address: Phone Number: 11 A Joint Venture By (Nme) (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.) This bid has been submitted by using the required technical specifications as noted in the yellow sheets in the contract documents package. The original builder of the Gateway project deleted 4 prod- cts and applications that was noticed in an on-site inspec- tion before this bid was submitted. 1. Reinforcing mesh was not 100% applied. 2. Base coat was completely omitted. (page 2-H) 3. Primer-Sealer (page 2-D) was not applied. 4. Primer (page 3-I) was not applied. All required materials and applications will be strictly adhered to in this project and on-site workmanship,will have the highest quality and integrity. Respectfully, Danny Midey Midey Construction EXTRA WORK BID Both lower elevation walls (that were not damaged) need to be completely remeshed, primered, based, and retextured~ The foam board is exposed in many areas and is vulnerable to severe damage due to weather. Bid Price = 3,500.00 Our Applicators/Installers are certified by Senergy Div. of Harris Specialty Chemicals Inc. RESOLUTION NO. 2oo~-~75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, DIRECTING THE CITY ENGINEER TO PREPARE PLANS AND SPECIFICATIONS FOR THE REPAIR OF THE GATEWAY PROJECT ENTRY SIGN AT THE SOUTH ENTRANCE TO PARIS; AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR SAID PROJECT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Gateway Project entry sign located at the south entrance to Paris was partially destroyed when it was struck by a vehicle on May 30, 2001; and, WHEREAS, the City of Paris has recovered the estimated cost of the damages from both its own and the responsible driver's insurance carriers, and it is deemed appropriate that the City Engineer prepare plans and specifications and that the City advertise for bids for the repair of said sign; 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 City Engineer be, and he is hereby, directed to prepare plans and specifications for the repair of the Gateway Project entry sign located at the south entrance to Paris. Section 3. That such repair project be advertised for bids to be received after due notice at the office of the City Manager of the City of Paris, City Hall, 135 1st Street S.E., Paris, Texas 75460, until 3:00 o'clock p.m. on the 6th day of November, 2001, at which time said bids will be opened in the City Council Chamber, City Hall, 135 1st Street S.E., Paris, Lamar County, Texas, and bids will be tabulated and presented to the City Council for the purpose of letting such bid. Section 4. That this resolution shall be effective from and after the date of passage. PASSED AND APPROVED this 4th day of October, 2001. ATTEST: APPROVED AS TO FORM: La~ Sch~nk,'~it~ Attorney PUBLISH TWICE: SUNDAY, OCTOBER 21, 2001 SUNDAY, OCTOBER 28, 2001 ADVERTISEMENT FOR BIDS Sealed bids for the repair of the Gateway Project entry sign located at the south entrance to Paris, Texas, in the 2100 block of S. Church Street (S.H. 19124), will be received by the City of Paris, Paris, Texas, at the office of the City Manager, City Hall, 135 1st Street S.E., P. O. Box 9037, Paris, Texas 75461 - 9037, until 3:00 p.m. on Tuesday, November 6, 2001, at which time all bids will be publicly opened, read aloud, tabulated, and referred to the City Council for the purpose of letting such bid. Contract Documents may be examined at the City of Paris Engineering Office, City Hall Annex, 150 1st Street S.E., Paris, Texas. Contract Documents may be obtained at the City of Paris Engineering Office by depositing a check in the amount of $10.00 per set payable to the City of Paris, which amount shall be non-refundable. The City of Paris, as owner, reserves the right to reject any or all bids, to waive any informality in bidding, and to award bids as may be adVantageous to the City. Time of completion of the project is a consideration in the awarding of this bid. Bidders are notified of City exemption from otherwise applicable sales and excise taxes. All 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. CITY OF PARIS, PARIS, TEXAS attie Cunningham, City'Clerk GATEWAY PROJECT REPAIR NOVEMBER, 2001 CITY OF PARIS, PARIS, TEXAS MAYOR MICHAEL J. PFIESTER MAYOR PRO-TEM RICHARD MANNING CITY COUNCIL JOE E. MCCARTHY KEVIN GRAY BENNY PLATA JOH~ F. BELL JOHN A. CARTER, JR. CITY MANAGER MICHAEL E. MALONE CITY ATTORNEY LARRY W. SCHENK CITY ENGINEER S. SHAWN NAPIER, P.E. Approved for Construction R~on!/la~nded for Construction ,~ .. ~ ~wn Napier, ~.E., C~ Engineer ~,, ~ ', ~ '~. - S. 8HAWN NAPIER PUBLISH PARIS NEWS DATE: OCTOBER 21,2001 DATE: OCTOBER 28, 2001 ADVERTISEMENT FOR BIDS PROJECT: GATEWAY PROJECT REPAIR OWNER: CITY OF PARIS, PARIS, TEXAS Sealed bids for the repair of the Gateway Project entry sign located at the south entrance to Paris, Texas, in the 2100 block of S. Church Street (S.H. 19/24), will be received by the City of Paris, Paris, Texas, at the office of the City Manager, City Hall, 135 Ist Street SE, P.O. Box 9037, Paris, Texas 75461-9037, until 3:00 p.m. on Tuesday, November 6,2001, at which time all bids will be publicly opened, read aloud, tabulated, and referred to the City Council for the purpose of letting such. Contract Documents may be examined at the following place(s): CITY ENGINEER'S OFFICE City Hall Annex 150 1st Street SE Paris, Texas 75460 Contract Documents may be obtained at the City of Paris Engineering Office by depositing a check in the amount of $ I 0.00 per set payable to the City of Paris, which amount shall be non- refundable. The City of Paris, as owner, reserves the right to reject any or all bids, to waive any informality in bidding, and to award bids as may be advantageous to the City. Time of completion of the project is a consideration in the awarding of this bid. Bidders are notified of City exemption from otherwise applicable sales and excise taxes. All 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. By Resolution of the City Council City of Paris Texas Mattie Curmingham ' - \ .... "~J 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. Ifa 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 conceming 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 ora 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. 3 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 ora 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 fails to execute and deliver the Agreement and furnish the required contract security within fifteen days after the Notice of Award, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh day after the Effective Date of the Agreement or the sixty-first day after the Bid opening, whereupon Bid security furnished by such Bidders will be retumed. 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 seven days after the Bid opening submit the Owner a list of all such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, person or organization if requested by Owner. If Owner or Engineer after due investigation has reasonable objection to any proposed Subcontractor, Supplier, other person or organization, either may before the Notice of Award is given request the apparent Successful Bidder to submit an acceptable substitute in which case the apparent Successful Bidder shall submit an acceptable substitute without an increase in Bid price. If apparent Successful Bidder declines to make any such substation, Owner may award the contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers and other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. Any Subcontractors, Supplier, other person or organization listed and to whom Owner or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.8.2 of the General Conditions. 10.2 In contracts where the Contract Price is on the basis of Cost-of-the-Work Plus a Fee, the apparent Successful Bidder, prior to the Notice of Award, shall identify in writing to Owner those portions of the Work that such Bidder proposes to subcontract and after the Notice of Award may only subcontract other portions of the Work within Owner's written consent. 10.3 No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor has reasonable objection. 11. Bid Form. 11.1 The Bid Form is included with the Bidding Documents; additional copies may be obtained from Engineer. 11.2 All blanks on the Bid Form must be completed in ink by typewriter or clearly legible handwriting. 11.3 Bids by corporations must be executed in the corporate name by the president or a vice- president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. 11.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 11.5 All names must be typed or printed below the signature. 11.6 The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 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 fails to meet any other pertinent standard or criteria established by Owner. Discrepancies in the multiplication of units of Work and trait 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. 7 20. Sales and Use Taxes. Owner is exempt from taxes under Chapter 20, Title 122A, Revised Civil Statutes of Texas to be incorporated in the Work (exemption No.75-6000635). Said taxes shall not be included in the Contract Price. 21. 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 BID FORM PROJECT IDENTIFICATION: GATEWAY PROJECT REPAIR CONTRACT IDENTIFICATION AND NUMBER: 41 .L THIS BID IS SUBMITTED TO: The Honorable Mayor and City Council City Hall 135 SE 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. (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. (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, 9 investigations, explorations, tests reports or similar information or data in respect of said Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. (f) BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, repons and studies with the terms and conditions of the Contract Documents. (g) BIDDER has given ENGINEER written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER. (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or cmporation 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 will complete the work for the following lump sum price(s): TOTAL BASE BID PRICE ($ ) (use words) (figures) BIDDER agrees that the Work will be substantially complete within 45 calendar days after the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment within 60 calendar days after the date when the Contract Time commences to mn. 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. Contractor shall have the option of whether or not to provide performance and payment bonds. If bonds are not provided~ then payment will be made only at the successful conclusion of the project. NO PARTIAL PAYMENTS '~rILL BE MADE. If bonds are provided, partial payments will be made not more frequently than once per month based on the progress of the work. SUBMITTED ON ~2001. l0 If BIDDER is: An Individual By .(SEAL) doing business as Business address: Phone Number: (Individual's Name) A Partnership By (Firm Name) (SEAL) (General Partner) Business address: Phone Number: A Corporation By, (Corporation Name) (State of Incorporation) By (Name of Person Authorized to Sign) (Title) (Corporate Seal) Attest (Secretary) Business address: Phone Number: 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.) 3.2 AGREEMENT THIS AGREEMENT is dated as of the day of City of Paris, Paris, Texas, (hereinafter called OWNER) and called CONTRACTOR). in the year 2001 by and between .(hereinafter 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 Docmnents. The Work is generally described as follows: reconstruction of structural framing, and exterior insulation and finish system application and other appurtenant construction, complete in place. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: GATEWAY PROJECT REPAIR. 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 T1ME. 3.1 The Work will be substantially completed within 45 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 60 days from the date when the Contract Time commences to mn. 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 and no/100 dollars $100.00 ) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, 13 refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER fifty and no/100 dollars ($ 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. 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 conta'med 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 pmvisiuns 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 of the Contract Documents. 7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 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.) 15 8.3 Performance and other Bonds, identified as exhibits and consisting of pages. 8.4 Notice of Award. 8.5 General Conditions (pages __ to __ inclusive). 8.6 Supplementary Conditions (pages to ,inclusive). 8.7 Specifications bearing the title GATEWAY PROJECT REPAIR and consisting of divisions and __ pages, as listed in table of contents thereof. 8.8 Drawings, consisting of a cover sheet and sheets numbered through , inclusive with each sheet bearing the following general title: GATEWAY PROJECT REPAIR. 8.9 Addenda numbers to 8.10 CONTRACTOR's Bid (pages __ to , inclusive. , inclusive) marked exhibit __ 8.11 Documentation submitted by CONTRACTOR prior to Notice of Award (pages ., inclusive). to 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 G e n e r a 1 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. 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 assigmnent by a party hereto of any rights under or interests in the Conl~act 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 tmless speciftcally 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 parmers, 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 Agreemem 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 Agreemem will be effective on OWNER CITY OF PARIS ,2001 CONTRACTOR (type business name) BY Mayor By (CORPORATE SEAL) (CORPORATE SEAL) Attest Mattie Cunningham City Clerk Address for giving notices P.O. Box 9037 Paris, Texas 75461-9037 Attest Address for giving notices License No. Agent for service of process: 17 Larry W. Schenk, City Attorney STATE OF TEXAS ) COUNTY OF LAMAR ) BEFORE ME, this undersigned authority, on this day personally appeared. , 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 ,20 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 __ ,20 day of Notary Public, State of Texas Printed Name: My commission expires: Construction Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY(Name and Principal Place of Business): OWNER(Name and Address): CONSTRUCTION CONTRACT Date: Amount: Description(Name and Location): BOND Date(Not earlier than Construction Contract Date): Amount: Modifications to this Bond Form: CONTRACTOR AS PRINCIPAL Company: (Corp. Seal) Signature: Name and Title: SURETY Company: (Corp. Seal) Signature: Name and Title: CONTRACTOR AS PRINCIPAL Company: (Corp. Seal) Signature: Name and Title: SURETY Company: (Corp. Seal) Signature: Name and Title: EJDC No. 1910-28B (1984 Edition) I. The Conlractor and (he Surety.joinlly a~d severally, bind tbemsclves. to pay for labor, matcrlals and equipment furnished for use in the perfor- mance of the Conslructlon Contract, which is incorporated herein by 2. With respect to the Owner. this obligation shaB be null and void if 2.1. Promplly ma~ es payment, directly or indirectly, for all sums du~ Claimants, and 2.2. Defends. indemnifies and bolds harmless the Owner from all da~ms. demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Construction Commct, provided the Owner has promptly notified the Contraclor ahd thc Surety (at the address described in Para- graph 12l of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surely. and provided there is no Owner Default. 3. Wilh respect to Claimants. this obligation shall be null and void if lbo Contractor promptly makes payment, d~rectly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1. Claimants who arc employed by or have a direct contract with the Contraclor have given notice to the Surety (at the address described in paragraph 12) and sent a copy. or notice thereof, to the Owner. sladng that a claim is being made under this Bond and. with substantial accuracy, the amount of the claim. 4.2. Claimants who do not have a direct contract with the Contractor: I. Have fumisbed written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after havinglast performed labor or last furnished materials or equip- ment included in the claim stating, with substanilal accuracy. the amount of the claim and the name of the party lo whom the materials'were furnished or suppl~cd or for whom the labor was done or performed; and 2. Have ~i{her rccelved a ~:ejecdon in whole or in part from thc ContraCtor. or not received v~ithJn 30 days of furnishing the above notice any communication from the Contractor by which the ~'ontractor has indicated the claim will be paid directly or indirectly; and 3. 14o having been paid within the above 30 days, have sent a written notice to the Surety (at t~e address described in Para- graph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Con* 5. if a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety. that is su~cient compliance. ,r~ When the Cia{mane has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following 6.1. Send an answer to the Claimant. with a copy to the Owner, within 45 days alter receipt of the claim, stating the amounts thai are undisputed and the basis for challenging any amounts that are disputed. 6.2. Pay or arrange for payment of any undisputed amounts. 7. The Surety's tolal obIlgaHon shaU not exceed the amount of this Bond. and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any. under any Construction performance Bond. By Ihe Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in'~he pe~ormanc= o~' the Construction Contract are dedicated to satisfy obligations of the Con- tractor and the Surety under this Bond, subject to the Owner's priority to use Ihe funds for the completion of the work. 9. The Surety shaft not be liable Io the Owner. Claimants or others for obligations of the Contractor that are unrelated to the Construction Con- tract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under Ibis Bond no obfigations to make payments to. give notices on behalf of. or otberwi~e have obligations to Claimants under this Bond. 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contracl or to related subcontracts, purchase orders and otber obllgations. I i. No suit or action shall be commenced by a Claimant under this Bond other than Jn a court of cbmpotent jurisdiction in the location in which the work or part of the wor~ is located or after the expiration of one year from the date (Il on wfiich the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2 (iii). or (2) on which Ihe last labor or servicq was performed by anyone or lbo last materials or equipment were furnished by anyone under the Construction Contract. whichever of (I) or (2) first occurs, if the provisions of this paragraph are void or prohibited by law. the minimum period of limitatlo~ available to sureties as a defense in thejurisd[cti6n orth~ suit shal! be appBcab[e, i' 12. fqot[ce to I~e Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt et' nodce by Surety. the Owner or the Contractor, however accomplished. shall be sul~clent compllance as of the date received at the address shown on the signature page. 13. When th s Bond has been furnished Io comply with a statutory or other legal requirnment'{n the location where the construction was to be performed, any provLsioh in this Bond conflicting with sa~d statutory or legal requirement sha~.l be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is, that this Bond shall be construed as a statutory bond and not as a common law bond. 14. Upon request by any person or entity appearing to be a beneficiary of this Bond, the Contract6r shall promptly furnish a copy. b.. this Bond or shall permit a copy to be.made. 15. DEFINITIONS 15.1. Clalmant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equ{pment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor. materials or equipment" that part of water, gas, power, light, heat, oil. gasoline, telephone service or rental equipment used in the Construction Contract, archltec- rural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where thc labor, materials or equipment were furnished. 15.2. Construct[on Contract: The agreement between the Owner and the Contractor identified on the signature page. including all Contract Documents and changes thereto. , 15.3. Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (FOR INFORMATION ONLY~Name, Address and Telephone) ANENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): 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): BOND Date (Not earlier than ConstrUction Contract Date): Amount: Modifications to this Bond Form: CONTRACTOR AS pRINCIPAL Company: (Corp. Seal) Signature: Name and Title: SURETY Company: Signature: Name and Title: (Corp. Seal) CON'I'RACTOR AS PRINCIPAL Company: Signature: Name and Title: (Corp. Seal) SURETY Company: Signature: Name and Title: (Corp. Seal) EICDC No. 1910-28A (1984 Edition) I. The Contracl~r and the Surety.joln0y and severally, bind themselves, Iheir heirs, cxeclllors. ~dmin~slralors. suc~'~ssors and assigns to the Owner 3, If there is no Owner Default, the Surcty's obligation under this Bond shall arise arter: be allowed a reasonable time to perform the Construction Con- tract, hut such an agreement shall not waive the Owner's right, if vided in Subparagraph 3.1; and 4. When the Owner has satisfied the condilions of Paragraph 3, the Surety Owner the amount of damages as described in Paragraph 6 in or ohiain a new contractor and with reasonable promptness under 2. Deny llnbility in whole or in part and notify the Owner citing Construction Contract. and if the Surely elects to act under Subparagraph 4. I. 4.2. or 4.3 above, then the responsibilities of the Surety to the Owner Contract. and the responsib[Gties of the Owner to the Surety shall not b~ greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject Io commitment by the Owner of the Balance of the Contract Price to millgation of costs and damages on the Construction Contract. the Surety is obligated without duplication for: 6.1. Thc responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .. 6.2. Additional legal, design professional and delay costs result[nS from the Contractor's Defaull, and resulting from the actions or failure to act of the Surety under paragraph 4; and 6.3. Liquidated damages, or if no liquidated damages are specified in Ibc Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Constractlon Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accn~e on this Bond to any person or entity other than the Owner or its heirs, executors, adm[nlstrators, or successors. 8. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9. An:,' proceeding, legal or equitable, under this Bond may be 'instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased work- ing or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to Ibc address shown on the signature page. 1 I. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to.be performed, any provision in this Bond confiicting with said statutory or legal requirement shall be deemed deleted herefrom and provision~ con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. Definitions. 12.1. Balance of the Contract Price: The total amount payable bY the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement oflnsurance or other claims for dam- ages to which the Contractor is entitled, reduced by ali valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2. Construction Contract: The agreement between the Owner an~ the Contractor identified on the signature page, including al: Contract Documents and changes thereto. 12.3. Contractor Default FatureoftheContractoi' whichhas,nelthe~ been remedied nor waived, to perform or otherwise to compl) with the terms of the Constructlon Contract. 12.4. Owner Default: Failure of the Owner. which has neither beer remedied nor waived, to pay the Contractor as required by th~ Construction Contract or to perform and complete or compl: with the other terms thereof. (FOR INFORMATION ONLY--Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect. Engineer or other party): GF NE TABLE OF CONTENTS OF GENERAL CONDITIONS Article Number 1 2 Title Page 7 DEFINITIONS ...................................................... 8 PRELIMINARY MATTERS .......................... - ............. CONTILACT DOCUMENTS: INTENT, AMENDING AND REUSE ............................... 9 4 AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; 10 REFERENCE POINTS .............................................. II 5 BONDS AND INSURANCE ........................................ 6 CONTRACTOR'S RESPONSIBILITIES ............................ 14 18 7 OTHER WORK ..................................................... 19 8 OWNER'S RESPONSIBILITIES .................................... 9 ENGINEER'S STATUS DURING CONSTRUCTION .............. 19 I0 CHANGES IN THE WORK ......................................... 21 I 1 CHANGE OF CONTRACT PRICE .................................. 21 24 12 CHANGE OF CONTRACT TIME ................................... 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 ..................................................... 17 MISCELLANEOUS ................................................. 32 3'1 ' INDEX TO GENERAL CONDITIONS Article or Paragraph Nutnbcr Acceptance of Insurance ............................. Access to the Work .................................. 13.2 Addenda---definition of (see definition of Specifications) ........................................ I Agreement--definition of ................................ 1 All Risk Insurance ..................................... 5.6 Amendment, Written ............................. 1, :3.1.1 Application for Payment---definition of .................. I Application for Payment, Final ...................... 14.12 Application for Progress Payment .................... 14.2 Application for Progress Payment--review of .... 14.4-14.7 Arbitration ............................................. 16 Authorized Variation in Work ......................... 9.$ Availability of Lands .................................. 4.1 Award, Notice of---defined .............................. Before Starting Construction ...................... 2.5-2.7 Bid---definition of ....................................... Bonds and Insurance--in general ........................ 5 Bonds--dcfinkion of ..................................... 1 Bonds, Delivery of ............................... 2.1, 'Bonds, Performance and Otbcr .................... 5.1-5.2 Cash Allowances ..................................... 11.8 Change Order--definilion'of ............................. Change Orders---to be executed ...................... 10.4 Changes in the Work ................................... 10 Claims, Waiver of--on Final Payment ............... 14.16 Clarifications and Interpretations ...................... 9.4 · Cleaning ............................................. 6.17 Completion ............................................. 14 Completion, Substantial, ........................ 14.:8-14.9 Conference, Preconstrucdon .......................... 2.8 Conflict, Error, Discrepancy--Contractor · to Report ...................................... 2.5, 3.3 Construction Machinery, Equipment, ere .............. 6.4 Continuing Work ..................................... 6.29 Contract Documents---amending and supplementing .................................. 3,4-3.5 Contract Documents--dcfinkion of ...................... 1 Contract Documents--Intent ...................... 3.1-3,3 Contract Documents---Reuse of ....................... 3,6 Contract PHce, Change of ..................... ... . .... . Il Contract Price---definition ............................... 1 Contract Time, Change of .............................. 12 Contract Time, Commencement of .................... 2.3 Contract T/me--definition of .......................... ... l Contractor--definitlon of. ............................ .. . I Contranto r May Stop Work or Terminate ............. 15.5 Contractor*s Continuing Obligation .................. 14.15 Contractor's Duty to Report Discrepancy in Documents .................................. 2.5, 3.2 Contractor's Fee--Cost Plus ... 11.4.5.6, I 1.5.1, I 1.6-[ 1.7 Contractor's Liability Insurance ....................... 5.3 Contractor's Responsibilitles~in general ................ 6 Contractor's Warranty of Title ........................ 14.3 Contractors---other ...................................... Contractual Liability Insurance ........................ 5.4 Coordinating Contractor~definition of ................ ?.4 Coordination .......................................... 7.4 Copies of Documents .................................. 2.2 Correction or Removal of Defective Work ........... 13.1 Correction Period, One Year ........................ 13.12 Correction, Removal or Acceptance of Defective Work--in general ........................... 13.11-13.14 Cost--net decrease ...; ..... ... ....................... I 1.6.2 Cost of Work .................................... 11.4-11.5 Costs, Supplemental ................................ 11.4.5 Day---definition of ....................................... 1 Defecds,e~efinition of ................................. 1 Defective Work, Acceptance of ...................... 13.13 Defective Work, Correction or Removal of .......... 13.11 Defective Work--in general ............... 13, 14.7, 14.11 Defective Work, Rejecting ............................. 9.6 Definitions .............................................. 1 Delivery of Bonds ..................................... 2.1 Determination for Unit Prices ........................ 9. I0 Disputes, Decisions by Engineer ................. 9.11-9.12 Documents, Copies of ................................. 2.2 Documents, Record .................................. 6.19 Documents, Reuse ....................................3.6 Drawings--definition of ................................. Easements ............................................ 4.1 Effective date of Agreement--definkion of ...............1 Emergencies ......................................... 6.22 Engineer---definition of .................................. I Engineer's Decisions ............................ 9.109.12 Engineer's---Notice Work is Acceptable ............. 14.13 Engineer's Recommendation of Payment ...... 14.4, 14.13 Engineer's Responsibilities, Limitations on .................................. 6.6, 9.1 I, 9.13-~).16 E gi 's St tus During Constroction--in general . 9 Equipment, Labor, Materials and .................. 6.3-6.6 Equivalent Materials and Equipment ............. ;:... 6.? pi ti f pby I diti · Ex ora onso dca con OhS .................. 4.2 Fee, Contractor's~Costs Plus .................. 11.6 Field Order-~definitlon of ............................... Field Order---issued by Engineer ............... ,3.5.1, 9.5 Final Application for Payment ................... 14.12 Final Inspection ..................................... 14. I 1 Final Payment and Acceptance ...................... 14.13 Final Payment, Recommendation of ........... 14.13-14.14 General Provisions .............................. 17.3-17.4 General Requirements--definition of ..................... General Requirements---principal references to ................. 2.6, 4.4, 6.4, 6.$-6.?, 6.23 Giving Notice ........................................ 17. I Guarantee of Work--by Contractor ................... 13.1 Indemnification ................................. 6.30-6.32 Inspection, Final .................................... 14.1 I Inspection, Tests and ................................. 13.3 Insurance, Bonds and--in general ....................... 5 Insurance, Certificates of ........................... 2.7, 5 Insurance--completed operations ...................... 5.3 Insurance, Contractor's Liability ...................... 5.3 Insurance, Contractual Liability ....................... 5.4 Insurance, Owner's Liability .......................... 5.5 Insurance, Property .............................. 5.6-5.13 Insurance--Waiver of Righ)s ......................... 5. I 1 Intent of Contract Documents ................... 3.3,9.14 Interpretations and Clarifications ...................... 9.4 Investigations of physical conditions ................... 4.2 Lab. or, Materials and Equipment .................. 6.3-6.5 Laws and Regulations--definition of ..................... I Laws and Regulations--general ....................... 6.14 Liab~ty Insurance--Contractor's ..................... 5.3 Liability Insurance--Owner's ..................... '.... 5.5 Liens--definitions of ................................ 14.2 Limitations on Engineer's Responsibilities ..................... 6.6, 9.11, 9.13-9.16 Materials and equipment--furnished by Contractor .... 6.3 Materials and equipment--not incorporated in Work .............................. 14.2 Materials or equipment---equivalent ................... 6.7 Miscellaneous Provisions ............................... 17 Multi-prime contracts ................................... 7 Notice, Giving of ..................................... 17.1 Notice of Acceptability of Prnject ................... 14.13 Notice of Award~defialtion of .......................... I Notice to Proceed--delSnition of ......................... 1 Notice to Prnceed--giving of .......................... 2.3 "Or-Equal" Items ..................................... 6.7 Other contractors ...................................... .7 Other work ................... ~ .......................... 7 Overtime Work--prohibition of ........................ 6.3 Owner--definition of .................................... I Owner May Correct Defective Work ................. 13.14 Owner May Stop Work ............................ :. 13.10 Owner May Suspend Work, Terminate .......... 15.1-15.4 Owner's Duty to Execute Change Orders ............. I 1.8 Owner's Liability Insurance ....................... :... 5.5 Owner's Representative--Engineer to serve as ........ 9.1 Owner's Responsibilities---in general .................... 8 Owner's Separate Representative at site ............... 9.3 Partial Utilization .................................. 14.10 Partial Utilization--definition of ......................... 1 Partial Utilization--Property Insurance ............... 5.15 Patent Fees and Royalties ............................ 6.12 Payments, Eccommendation of ........... 14.4-14.7, 14.13 Payments to Contractor--in general .................... 14 Payments to Contractor--when due ........... 14.4, 14.13 Payments to Contractor--withholding . ..... -,., ........ 14 7 Performance and other Bonds ..................... 5.1-5.2 Permits ............................................... 6.i3 Physical Conditions ................................... 4.2 Physical Conditions--Engineer's review ............. 4.2.4 Physical Conditions--existing structures ............. 4.2.2 Physical Conditions-~explorations and reports ....... 4.2.1 Physical Conditions--possible document change ..... 4~2.,5 Physical Conditions--price and time adjustments .... 4.2.5 Physical Conditions---report of differing ............. 4.2.3 Physical Conditions--Underground Facilities .......... 4.3 Preconstruction Conference ........................... 2.8 Preliminary Matters ..................................... 2 Premises, Use of ;. .............................. 6.16-6.18 Price, Change of Contract .............................. I 1 price-Contract~clefinitlon of ............................1 Progress Payment, Applications for ................... 14.2 Progress Payment--retalnage ......................... 14.2 Progress schedule ............... 2.6, 2.9, 6.6, 6.29, 15.2.6 Project-~definltion of .................................... 1 Project Representation-provision for ................. 9.3 Project Representative, Resident-~definition of .......... Project, Starting the ................................... 2.4 Property Insurance ............................... 5.6-5.13 Property Insurance---Partial Utilization ............... 5.15 Property Insurance--Receipt and Application of Proceeds ................................... 5.12-5.13 Protection, Safety and ........................... 6.20-6.21 Punch list ........................................... 14.11 Recommendation of Payment .................. 14.4644.13 Record Documents ................................... 6.19 Reference Points ...................................... 4.4 Regulatlons, Laws and ............................... 6.14 Re.iecting Defective Work ............................. 9.6 Related Work at Site .............................. 7.1-7.3 Remedies Not Exclusive ............................. 17.4 Removal or Correction of Defective Work ........... 13. I I Resident Project Representative~definition of ........... I Resident Project Representative--provision for ........ 9.3 Responsibilities, Contractor's---in general ............... 6 Responsibilities, Engineer's--in general ................. 9 Responsibilities, Owner's--in general .................... 8 Retainage ..................................... : ...... 14.2 Reuse of Documents ........................... ; ...... 3.5 Rights of Way ......................................... 4.1 ', Royalties, Patent Fees and ................... ~ ....... 6.12 Safety and Protection ............................ 6.20-6.21 Samples ......................................... 6.23-6.28 Schedule of prngress ........ 2.6, 2.8-2.9, 6.6, 6.29, 15.2.6 Schedule of Shop Drawing submissions ...................... 2.6, 2.8-2.9, 6.23, 14.1 Schedule of values ...................... 2.6, 2.$-2.9, 14.1 Schedules, Finalizing .................................. 2.9 Shop Drawings and Samples ..................... 6.23-6.28 Shop Drawings---definition of ..................... '...~ .... Shop Drawings, use to approve substitutions ...................................... 6.7.3 33 Site, Visits to-by Engineer .......................... 9.2 Spccificallons--d¢finitlon oC ............................. Starting Construction, BcCorc ...................... 'L5-2.8 S~arting thc Project .................................... 2,4 Stopping. Work--by Contrnctor ....................... 15.5 Stopping Work--by Owner .......................... 13.10. Subcont raclor--dcfinition of ............................. I Subcomrac~ors--in general ....................... 6.8-6.11 Subcontracts--required provisions ............ 5.1 I,I, 6.1 I 11.4.3 Substamial Completion---certification of .............. 14.8 Substantial Completion---definition of .................... 1 Substitute or "Or-Equal" Items ....................... 6.? Subsurface Conditions ............................. 4.2-4.3 Supplementai costs ................................. 11.4.5 Supplementary Conditions~efinition of ................ I Supplementary Conditions--principal references to .. 2.2, 4.2, 5.1, 5.3.5.6-5.8.6.3, 6.13, 6.23, 7.4, 9.3 Supplementing Contract Documents ............... 3.4-3.5 Supplier--definition of ................................... Supplier--principal references to ... 3.6, 6.5, 6.7-6.9, 6.20, 6.24, 9.13, 9.16, 11.8, 13.4, 14.12 Surety--consent to payment .................. 14.12.14.14 Surety--Engineer has no duty to ..................... 9.13 Surety--notice to .......................... 10.1, 10.5, 15.2 Surety~clualification of ...........................5.1-5.2 Suspending Work. by Owner ......................... 15. I Suspension of Work and Termination--in general ....... 15 Superintendent--Contractor's'. ........................ 6.2 Supervision and Superintendence .................. 6.1-6.2 Taxes--Payment by Contractor ....................... 6.15 Termination--by Contractor .......................... 15.5 Termination--by Owner ......................... 15.2-15.4 Termination, Suspension of Work and--in general ...... 15 Tests and Inspections ........................... 13.3-13.7 Time, Change of Contract .............................. 12 Time. Computation of ................................ 17.2 Time. Contract---definition of ........................... I ' Uncovering Work ............................... 13.8-13.9 Underground Facilities~definition of .................... Underground Facilities--not shown or indicated ..... 4.3.2 Underground Facilities--protection of ........... 4.3, 6.20 Underground Facilities--shown or indicnted ......... 4.3.1 Unit Price Work--definition of .......................... Unit Price Work--general ................. 11.9, 14.1.14.5 Unit Prices ......................................... 11.3.1 Unit Prices. Determinations for ....................... 9.10 Use of Premises ........................... ...... 6.16-6.18 Utility owners .......................... 6.13.6.20, 7.2-7.3 Values. Schedule of ...:: .................... 2.6. 2.9. 14.1 Variations in Work--Authorized ............ 6.25.6.27, 9.5 Visits to Site--by Engineer ............................ 9.2 Waiver of Claims---on Final Payment ................ 14.16 Waiver of Rights by insured parties ............. 5.10, 6.1 I Warranty and Guarantee---by Contractor ............. 13.1 Warranty of Title. Contractor's ....................... 14.3 Work. Access to .....................................13.2 Work--by others ........................................ 7 Work Continuing During Disputes .................... 6.29 Work, Cost of ................................... 11.4-11.5 I Work--definition of ..................................... Work Directive Change--definition of ................... I Work Directive Change--principal references to ............................ 3.4.3, 10.1-10.2 Work, Neglected by Contractor ..................... 13.14 Work, Stopping by Contractor ........................15.5 Work, Stopping by Owner ....................... 15.1-15.4 Written Amendment---<lefinitlon of ...................... I Written Amendment--principal references to ..................... 3.4.1, 10.1, 11.2, 12.1 L GENERAL CON D'I. TION S ARTICLE I--DEFINITIONS Wherever used in these General Conditions or in thc other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plunil thereof: Adden&t--Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the bidding documents or the Contract Documents. Agreement--The wriuen agreement between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to lhe Agreement and made a part thereof as provided therein. Applicalion for Pay.lent--The form accepted by ENGI- NEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to include such sup- porting documentation as is required by the Contract Documents. Bid--The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. Bonds--Bid, performance and payment bonds and other instruments of security. Change Order--A document recommended by ENGINEER. which is signed by CONTRACTOR and OWNER and autho- rizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. Contract Documents--The Agreement, Addenda (which per- lain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post- Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Bonds. these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more spe- cifically identified in the Agreement. together with all amend- manta, modifications and supplements issued pursuant to paragraphs 3.4 and 3.5 on or after the Effective Date or the Agreement. Contract Price--The moneys payable by OWNER to CON- TRACTOR under the Contract Documents as stated in the Agreement (subject to the provisions of paragraph I 1.9. I in thc case of Unit Price Work). Contract Time--The number of days (computed as provided in paragraph 17.2) or the date stated in the Agreement for the completion of the Work. CONTRACTOR--Thc person, firm or corporation with whom OWNER has entered into the Agreement. dql?ctivc--An adjective which when modify(ag thc word Work refers to Work that is unsatisfactory, faulW o~ficlcnt, or docs not conl~rm lO thc Contract Documents. or does not has been damaged prior to ENGINEER's recommendation of final payment (unless rcs~nsibility for thc protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). Drtnvings--The drawings which show the character and scope, of the Work to be performed and which have been prepared or approved by ENGINEER and are referred to in the Con- tract Documents. Effectisw Date nf the Agreement--The date indicated in the Agreement on which it becofi~es effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. ENGINEER--The person, firm or corporation named as such in the Agreement. Field Order--A written order issued by ENGINEER which orders minor changes in the Work in accordance with para- graph 9.5 but which does not involve a change in the Contract Price or the Contract Time. General Requirements--Sections of Division I of the Speci- fications. Laws and Regulations: Lan'$ or Regulations--Laws, rules. regulations, ordinances, codes and/or orders. Notice of A~vard--The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. Notice to Proceed.-.-A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform CONTRAC- TOWS obligations under the Contract Documents. OWNER--The public body or authority, corporation, asso- ciation, firm qr person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. Partial Utilization--Placing a portion of the Work in service for the purpose for which it is intended (or a related purpose) before reaching Substantial Completion for all the Work. Project--The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. Resident Project Representative--The authorized rep.rosen- tative of ENGINEER who is assigned to the site or any part thereof. Shop Drawings--All drawings, diagrams, illustrations, schedules and other data which arc specificallY prepared by or for CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures, standard schedules, perfor- mance charts, instructions, diagrams and other information prepared by a Supplier and submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work. Specifications--Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workman- ship as applied to the Work and certain administrative details applicable thereto. Subcontractor--An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Sub- contractor for the performance of a part of the Work at thc site. SubstantlalCompletion--The Work (or a specified part thereo0 has progressed to the point where, in the opinion of ENGI- NEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or ~pecified part} can be utilized for the purposes for which it is intended; or if there be no such certificate issued, when final payment is due in accordance with paragraph 14.13. The terms "substantially complete" and "substantially com- pleted'' as applied to any Work refer to Substantial Comple- tion thereof. Supplementao' Conditions~The part of the Contract Docu- ments which araends or supplements these General Condi- tions. Sttpplier~A manufacturer, fabricator, supplier, distributor, materialman or vendor. UndergroundFocilitles--AIl pipelines, condults,ducts.'cablas, wires, manholes, vaults,tanks, tunnels or other such facilities or attachments, and any encasements containing such facil- ities which have been installed underground to furnish any of the following services or materials: electricity, ga~es, ate.am, liquid petrnieum products, telephone or other commuTes- tigriS, cable television, sewage and drainage removal, traffic or other control systems or water. Unit Pdce Work--Work to be paid for on the basis of unit prices. Work--The entire completed construction ortho various sep- arately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of per- forming services, furaishlng labor and furnishing and incor- porating materials and equipment into the construction, rill aa required by the Contract Documents. Work Directive Change~A written directive to CONTRAC- TOR, issued on or after the Effective Date of thc Agreement and signed by OWNER and recommended by ENGINEER, ordering an addition, deletion or rcvisiofi in the Work, or responding to diffedng or unforeseen physical conditions under which the Work is to be performed as provided~n_ pa,-agraph 4.2 or 4.3 or to emergencies under paragraph 6.22. A Work Directive Change may not change the Contract Price or the Contract Time, but is evidence that the parties expect that · the change directed or documented by a Work Directive Change will bo incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time as provided in paragraph 10.2. Written Amendntent--A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally deal- ing with the nonenglneedng or nontechnical rather than strictly Work-relatod aspects'of the Contract Documents. ARTICLE 2--PRELIMINARY MATTERS Delivery of Bonds: 2.1. WhenCONTRACTOR delivers the executed Agree' merits to OWNER, CONTRACTOR shall also deliver to OWlqER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies of Documents: 2.2. OWNER shall furnish to CONTRAC~'OR up to ten copies (unless otherwise specified in the Supplementary Con- ditions) of the Contract Documents as are reasonably nec- · essary for the execution of the Work. Additional copies will bo furnished, upon request, at the cost of reproduction. Commencement of Contract Time; Notice to Proceed: 2.3. The Contract Time will commence to run on the thirtieth day after the Effective Date of the Agreement, or, if a ~qotice to Proceed is given, on the day indicated in the ~otlce to proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agree- ment. In no event will the Contract Time commence to run later than the seventy-fifth day after the day of Bid opening or the thirtieth day after the Effective Date of tbe_A.greement, whichever date is earlier. Starting the Project: 2.4. cONTRACTOR shall start to perform the Work on the date when the Contract Time commences to run, but no Work shall be do'ne at tho site prior to the date on which the Contract Time commenCeS to run. Before Starting Construction: 2.5. Before undertaking each part of {ha Work, CON- TRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown *See Supplementary Conditions thereon and all applicable ficld meilsurcments. CONTRAC- TOR shall promptly report in writing to ENGINEER any conflict, error or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarifi- cation from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be lia- ble to OWNER. or ENGINEER for failure to report any conflict, error or discrepancy in the Contract Documents, unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. 2.6. Within ten days after the Effective Date of the Agree- ment (unless othenvise specified in the General Require- ments), CONTRACTOR shall submit to ENGINEER for review: 2.6,1. an estimated progress schedule indicating the starting and completion dates of the various stages of the Work; 2.6.2. a preliminary schedule of Shop Drawing sub- missions; and 2.6.3. a preliminary schedule of values for ail of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices wilt include an appropriate amount of overhead and profit applicable to each item of Work which will be con- firmed in writing by CONTP,.ACTOR at the time of sub- mission. 2.7. Before any Work at the site is started, CONTRAC- TOR shall deliver to OWNER, with a copy to ENGINEER, certificates (and other evidence of insurance requested by OWNER) which CONTP..ACTORis required to purchase and maintain in accordance with paragraphs 5.3 and 5.4, and OWNER shall deliver to CONTRACTOR certificates (and other evidence of insurance requested by CONTRACTOR) which OWNER is required to purchnse and maintain in accordance with paragraphs 5.6 and 5.'/. Preconstructlon Conference: 2.8. Within twenty days after the Effective Date of the Agreement, but before CONTRACTOR starts the Work at tho site, a conference attended by CONTRACTOR, ENGI- NEER and others as appropriate will be held to discuss the schedules referred to in paragraph 2.6, to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish aworklng under~tandlng among the parties as to the Work. .© Finalldng Schedules: 2.9. At least ten days before submlsslon of the first Appli' cation for Payment a conference attended by CONTRAC- TOR, ENGINEER and others as appropriate will be held to finalize the schedules submitted in accordance with para- *See Supplementary Conditions graph 2.6. The finalized progress schedule will be acceptable lo ENGINEER ns providing an orderly progression of the Work to completion within the Contract Time. b~it such acceptance will neither impose on ENGINEER responsibility for the progress or scheduling of the Work nor relieve CON- TRACTOR from full responsibility therefor. The finalized schedule of Shop Drawing submissions will be acceptable to ENGINEER as providing a workable arrangement for pro- cessing the submissions. The finalized schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3--CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Intent: 3.1. The Contract Documents comprise the entire .agrec' ment between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. * 3.2. itistheintentoftheContractDocumentstodescribe a functionally complete Project (or part thereo0 to be con- st~ucted in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied whetheror not specifically called for. When words which have a well-known technical or trade meaning are used to describe Work, materials or equipment such words shall be interpreted in accordance with. that meaning. Reference to standard specificatiods, manuals ' ' or codes of any technical society, organization or assoclatlon, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of their consultants, agents or emPloy- ees from those set forth in the Contract Documer/ts, nor shall it be effective to assign to ENGINEER, or any of ENGI-' NEER's consultants, agents or employees, any duty or anthodty to supervise or direct the furnlshing or performance of the Work or any duty or authority to undertake responst- bllity contrb, ry to the provisions of paragraph 9.15 or 9.16. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. if, during the performance of the Work, CONTRAC' TON finds a conflict, error or discrepancy in the Contract Documents, CONTRACTOR shall so report to ENGINEER in writing at once and before proceeding with the Wodc affected thereby shall obtain a written interpretation or clarification 37 from ENGINEER; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error or discrepancy in thc Contract Documents unless CONTKACTOR had actual knowledge thcrcofor should reasonably have known thereof. Amending and Supplementing Contract Docutnents: 3.4. The Contract Documents may be amended to pro- vide for additions, deletions and revisions in thc Work or to modify the terms and conditions thereof in one or more of the following ways: such othcr lands which arc dcsignatcd for thc usc Of CON- TRACTOR. Easements for permanent structures or perma- nent changcs in existing facilities will bc obtained and paid for by OWNER, unless other.vise provided in thc Contract Documents. If CONTRACTOR believes that any delay in OWNER's furnishing these lands, rights-of-way or ease. mcnts entitles CONTRACTOR to an extension of the Con- tract Time, CONTRACTOR may make a claim therefor as provided in Article 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 3.4.1. a formal Written Amendment, 3.4.2. a Change Order (pursuant to paragraph 10.4). or 3.4.3. a Work Directivo Change (pursuant to para- graph I0.1). As indicated in paragraphs 11.2 and 12. I, Contract Price and Contract Time may only be changed by a Change Order or a Written Amendment. 3.5. In additlon, the requirements of the Contract Docs' meats may be supplemented, and minor variations and devia- tions in the Work may be authorized, in one or more of the following ways: 3.5.1. a Field Order (pursuant to paragraph 9.5), 3.~.2. ENGINEER's approval of a Shop Drawing or sample (pursuant to paragraphs 6.26 and 6.27}, or 3.5.3. ENGL,NEER's written interpretation or clarifi- cation (pursuant to paragraph 9.4). Reuse of Documents: 3.6. lqekher'CONTRACTOR nor any Subcontractor or Supplier or other person or organization performing or fur- nishing any of the Work under a direct or indirect contract with OWNER shall have or acquire any title to or ownership rights in any of thc Drawings, Specifications or other docu- ments (or copies of any theroo0 prepared by or bearing the seal of ENGINEER; and they shall not reuse any of them on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER. ARTICLE ,i--.AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS A va3Jab~it~ of LaMs: 4.1. OWNER shall fumlsh, as indlcatnd in the Contract Documents, thc lands upon which the Work is to be per- formed, rights-of-way and casements for access thereto, and Physical Conditions: t: 4.2.1. Explorations and Reports: Reference is made to the SupplementarY' Conditions for identification of those reports of explorations and tests of subsurface conditions at the site that have been utilized by .ENGINEER in prep- aratlon of the Contract Documents. CONTRACTOR may rely upon the accuracy of the technical data contained such reports, but not upon nontechnical data, interpreta- tions or opinions contained therein or for the completeness thereof for CONTRACTOR's purposes. Except as indi- cated in the immediately preceding sentence and in para- graph 4.2.6, CONTRACTOR shall have full responsibility with respect to subsurface conditions at the site. 4.2.2. Exlstin'g gtructttres: Reference is made to the Supplementary Conditions for identification of those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities referred to in paragraph 4.3) which are at or contiguous to the site that have been utilized by NEER in preparation of the Contract Documents. CON- TRACTOR may rely upon the accuracy of the technical 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 paragraph 4.2.6~ CONTRACTOR shall have full respon- sibility with respect to physical conditions in or relating to such structures. 4.2.3. Report of D~ferlng Conditions: lf CONTRAC' TOR believes that: 4.2.3.1. any technical data on whic~ CONTRA,C- TOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is inaccurate, or 4.2.3.2. any physical condition uncovered or revealed at the site differs materially from that indi- cated, refiectnd or referred to in the Contract Docu- CONTRACTOR shall, promptly after becoming aware thereof and before performing any Work in connection therewith (except in an emergenoy as permitted by para- graph 6.22), not fy OWNER and ENGINEER in writing about the inaccuracy or difference. *See Supplementary Conditions '38 4.2.4. ENGINEER's RevFgw: ENGINEER will promptly review thc pertinent conditions, determine thc necessity of obtaining additional explorations or tesls with respect thereto and advise OWN ER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and con- clusions. 4.2.5. Possible Document Change: If ENGINEER concludes that there is a material error in thc Contract Documents or that because of newly discovered condi- tions a change in the Contract Documents is required, a Work Directive Change or a Change Order will be issued as provided in Article I0 to reflect and document the consequences of the inaccuracy or difference. 4.2.6. Possible Price a/rd Time Adjnstments: In each such case, an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, or any combination thereof, will be allowable to the extent that they are attributable to any such inaccuracy or difference. If OWNER and CONTP, ACTOR are unable to agree as to the amount or length thereof, a claim may be made therefor aa provided in Articles 11 and 12. Physical Conditions--Underground Facilities: 4.3.1. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facil- ities or by others. Unless it is otherwise expressly pro- vided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and, 4.3.1.2. CONTRACTOR shall have full responsi- bility for reviewing and checking all such information and data, for locating all Underground Facilities shown or indicated in the Contract Documents, for coordina- tion of the Work with the owners of such Underground Facilities during construction, for the safety and pro- tection thereof aa provided in paragraph 6.20 and repairing any damage thereto resulting from the Work, the cost of all of which will be considered as having been included in the Contract Price. 4.3.2. Not Shown or Indicated. If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents and which CONTRACTOR could not reason- ably have been expected to be aware of, CONTRACTOR shall, promptly after becoming aware thereof and before performlng any Work affected thereby (except in aa emer- gency as permitted by paragraph 6.22), identify the owner of such Underground Facility and give written notice thereof to that owner and to OWNER and ENGINEER. ENGI- NEER will promptly review the Underground Facility to determine the cxtcnt to which the Contract Documents should be modified to reflect and docum_e_n.t the conse- quences of the existence of the Underground Facility, and the Cont fact Documents will be amended or supplemented to the extent necessary. During such time, CONTRAC- TOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall be allowed an increase in the Con- tract Price or an extension of the Contract Time, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of. If the parties are unable to agree as to the amount or length thereof, CONTRACTOR may make a claim therefor as provided in Articles 1 l.and 12. Reference Points: 4.4. OWNER shall provide engineering surveys to estab- lish reference points for constrnction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for lay- ing out the Work (unless otherwise specified in the General Requirements), shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRAC- TOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be respon- sible for the accurate replacement or relocation of such ref- erence points by professionally qualified personnel. ARTICLE .5--BONDS AND INSURANCE Performance and Other Bonds: 5.1. CONTRACTOR shall furnish performance and pay- ment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Docu- ments. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as otherwise provided by Law or Regulation or ~py the Con- tract Documents. CONTRACTOR shall also furnlsh such other Bonds as are required by the Supplementary Condi-' lions. All Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents and be executed by such sureties as are named in the current list of "Com- panies Holding Certificates of Authority as Acceptable Sure- ties on Federal Bonds and as Acceptable Reinsuring Com- panies'' as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. 5.2. if the surnty on any Bond furnlshed bY CONTRAC' TOR is declared a bankrupt or becomes insolvent or:its right to do business is terminated in any state where any part of 39 of paragraph 5.1, CONTRACTOR sl~all within five days thereafter substitute another Bond and ~urcty, both of whlcb must be acceptable to OWNER. Contractor's Liability Insurance: * 5.3. CONTRACTOR shall purchase and maintain such comprehensive general liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's perfor- mance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, by any Subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 5.3.1. Claims under workers' or workmen's compen- sation, disability benefits and other similar employee ben- efit acts; 5.3.2. Cialms for damages because of bodily injury, occupational sickness or disease, or death of CONTRAC- TOR's employees; 5.3.3. Claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 5.3.4. Claims for damages insured by personal injury liability coverage which are sustained (a) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or Co) by any other person for any other reason; 5.3.5. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible prop- crty wherever located, including loss of usc resulting therefrom; 5.3.6. Claims arislng out of operation of Laws or Reg- ulations for damages because of bodily injury or death of any person or for damage to property; and 5.3.'/. Claims for damages because of bcdily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The insurance required by this paragraph 5.3 shall include the specific coverages and be written for not less than the limits of liability and coverages provided in the Supplemen- tary Conditions, or required by law, whichever is greater. The comprehensive general liab[lity insurance shall include completed operations insurance. All of the policies of insur- ance so required to b~ purchased and malntalned (or the certificates or other evidence thereof) shall contain a provi- sion or endorsement that the coverage afforded will not b¢ cancelled, materially changed or renewal refused ontll at least *See Supplementary Conditions thirty days' prior written notice has been given to O\\'NER and ENGINEER by certified mail. All such insurance shall remain in effect until final payment and at al! time.~ thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with paragraph 13.12. In addition, CONTRACTOR shall maintain such completed operations insurance for at least two years after final payment and furnish OWNER with evidence of continuation of such insurance at final payment and one year thereafter. Contractual Liability Insurance: * 5.4. The comprehensive generalliability insurance required by paragraph 5.3 will include contractual liability insurance applicable to CONTRACTOR's obligations under paragraphs 6.30 and 6.31. Owner':; Liability Insurance: 5.5. OWNER shall be responsible for purchasing and maintaining OWNER's own liability insurance and, at OWNER's option, may purchase and maintain such insur- ance as will protect OWNER against claims which may arise from operations under thc Contract Documents. Property Insurance: 5.6. Unless otherwise provided in the Supplementary Conditions, OWNER shall purchase and maintain property insurance upon the Work at the site to the full insurable value thereof (subject to such deductible amounts as may be pro- vided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER and ENGINEER's consultants in the Work, all of whom ihalt be listed as iasureds or additional insured parties, shall insure against the perils of fire and extended coverage and shall include "ail risk" insurance for physical loss and damage including theft, vandalism and malicious mischief, collapse and water damage, and such other perils as may be provided in the Supplementary Conditions, and shall include damages, losses and expenses arising out of or resulting from any insured loss or incurred in thc repair or replacement of any insured property (including but not limited to fees and charges of engineers, architects, attorneys and other professionals). If not covered under the "all risk" insurance or otherbAse pro- vided in the Supplementary Conditions, CONTRACTOR shall purchase and maintain similar property insurance on portions of the Work stored on and off-the site or in transit when such portions of the Work are to be included in an Application for Payment. *5.7. OWNER shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER AND ENGINEER's consultants in the Work, all of wbcm shall be listed as insured or additional insured parties. 5.8. All the policies of insurane~ (or the certificates or other evidence thereof) required Io be purchased and main- rained by OWNER in accordance with paragraphs 5.6 and 5.'7 will contain a provision or endorsement that the coverage afforded will not be cancelled or materially changed or renewal refused until at least thirty days' prior written notice has been given to CONTRACTOR by certified mail and will contain waiver provisions in accordance with paragraph 5.11.2. 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others in the Work to the extent of any deductible amounts that are provided in the Supplementary Conditions. The risk of loss within the deductible amount, will be borne by CONTRACTOR, Sub- contractor or others suffering any such loss and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchas- 5.10. If CONTRACTOR requests in writing that other special insurance be included in the property insurance pol* icy, OWNER shall, if possible, include such insurance, and thc cost thereof will be charged to CONTRACTOR by appro- priate Change Order or Written Amendment. Prior to com- mencement of the Work at the site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. Wtffver o fRights: 5.11.1. OWNER and CONTRACTOR wade all rights against each other for all losses and damages caused by any of the perils covered by the policies of insurance provided in response to paragraphs 5.6 and 5.7 and any other property insurance applicable to the Work, and also waive all such rights against the Subcontractors, ENGi- NEER, ENGINEER's consultants and all other parties named as insureds in such policies for losses and damages so caused. As required by paragraph 6.1 I, each subcon- tract between CONTRACTOR and a Subcontractor will contain similar waiver provisions by the Subcontractor in favorofOWNER, CONTRACTOR, ENGINEER, ENGI- NEER's consultants and all other parties named as insureds. None of the above waivers shall extend to the rights that any of the insured parties may have to the proceeds of insurance held by OWNER as trustee or otherwise p.ay- able under any policy so issued. 5.11.2. OWNER and CONTRACTOR intend that any policies provided in response to paragraphs 5.6 and 5.? shall protect all of the parties insured and provide primary coverage for all losses and damages caused by the peris covered thereby. Accordingly, all such policies shall con- tain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any of the parties named as insurers or additional insurers, and if the insurers require separate waiver forms to be signed by ENGINEER or ENGI- NEER's consultant OWNER will obtain the same, and if such waiver £orms arc required of an:,' Subcontractor, CONTRACTOR will obtain thc same. Receipt attd Application of Proceeds: 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as trustee for the insurers, as their interests may appear, subject to the require- ments of any applicable mortgage clause and of paragraph 5.13. OWN ER shall deposit in a separate account any money so received, and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13. OWNER as trustee shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER as trustee shall make set- tlement with the insurers in accordance with such agreement as the parties in interest may reach. If required in writing by any party in interest, OWNER as trustee shall, upon the occurrence of an insured loss, give bond for the proper per- formance of such duties. Acceptance of Insurance: 5.14. If OWNER has any objection to thc coverage afforded by or other provisions of the insurance rcquircd to be pur- chascd and maintained by CONTRACTOR in accordance with paragraphs 5.3 and 5.4 on thc basis of its not complying with thc Contract Documents, OWNER shall notify CON- TRACTOR in writing thereof within ten days of the date of delivery of such certificates to OWNER in accordance with paragraph 2.7. If CONTRACTOR has any objection to the coverage afforded by or other provisions of the policies of insurance required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 on the basis of their not complying with the Contract Documents. CON- TRACTOR shall notify OWNER in writing thereof within ten days of the date of delivery or such certificates to CQN- TRACTOR in accordance with paragraph 2.7. O"~'NER and CONTRACTOR shall each provide to the other such addi- tional information in respect of insurance provided by each as the other may reasonably request. Failure by OWNER or CONTRACTOR to give any such notice of objection within the time provided shall constitute acceptance of such insur- ance purchased by the other as complying with the Contract Documents. Partial Utilizatlon--PropbrtY Insurance: 5.15. If OWNER finds it ncccssary to occupy or usc a portion or portions of thc Work prior to Substantial Comple- tion of all thc Work, such usc or occupancy may be accom- plished in accordance with paragraph 14.10; provided that no such use or occupancy shall commence before the insurers providing thc property insurance ha're acknowledged notice thereof and in writing effected the changes in coverage neces- sitated thereby. The insurers providing the property insur- ance shall consent by endorsement on the policy or policies. but the property insurance shall not bc cancelled or lapse on account of any such partiat use or occupancy. ARTICLE 6--CONTRACTOR'S RESPONSIBILITIES Super'vi*ion and Superintendence: 6.1. CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Doc- uments. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be respons~le for the negligence of others [n the design or selection of a spec[fie means, method, technique, sequence or procedure of construction which is indicated in and required by the Contract Documents. CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except underextraordlnary circumstances. The superintendent will be CONTRACTOR's representative at the ske and shall have authority to act on behalf of CON- TRACTOR. All communications given to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Mutedal$ and Eqtdpment: * 6.3. CONTRACTOR shall provide competent, suitably ~tualified personnel to survey and lay out the Work and per- form construction as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours, and CONTRACTOR will not permit overtime work or the performance of Work on Sat- urday, Sunday or any legal holiday without OWNER's writ- ten consent given after prior written notice to ENGINEER. 6.4. Unless otherwise specified in the General Require- ments, CONTRACTOR shall furnish and assume full respon- sibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for Ihe furnishing, performance, testing, start-up and completion of the Work. *See Supplementary Conditions 42 ' 6.5. Ail materials and equipment shall be of good quality and new. except as otherwise provided in the Contract Doc. aments. [f required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including repmls of required tests) as to the kind and quality of materials and equipment. Ail materials and equipment shall be applied, installed, con- nected, 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 ENGINEER, or any of ENGINEER's consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or author- ity to undertake responsibility contrary to the provisions of paragraph 9.15 or 9.16. Adjusting Progress Schedule: 6.6. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) adjust- ments in the progress schedule to reflect the impact thereon of new developments; these wi[[ conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. Substitutes or "Or-Equal" Items: 6.7.1. Whenever materials or equipment are specified ordescribed in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier the naming of the item is intended to establish the typo, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials orequlpment ofotherSuppllers may be accepted by ENGINEER if sufficient information is submitted by CONTRACTOR to allow ENGINEER to determine that the material or equipment proposed is equivalent or equal to that named. The procedure for review by ENGINEER will include the following as supplemented in the General Requirements. Requests for review of substitute items of material and equipment will not be accepted by ENGI- NEER from anyone other than CONTRACTOR. If CON- TRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall make writ- ten application to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform ade- quately the functions and achieve the results called forby the general design, be similar and of equal substance to that specified and be suited to the same use as that spec- ified. The application will state that the evaluation and acceptance of the proposed substitute will not prejudice CONTRACTOR's achievement of Substantial Comple- tion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitut~ in connection with the Work is subject to payment of any license fee or sp¢cilied '.','ill be idcntilied in Ihe",nfq~lication and available male of all costs thai will resuh directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which shall be considered by ENGINEER in evaluating the proposed substitute. ENGINEER may require CONTRACTOR to furnish at CONTRACTOR's expense additional data about the proposed substitute. 6.7.2. Ifa specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents. CONTRACTOR may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to ENGINEER. if CONTRACTOR submits sufficient information to allow ENGINEER to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedur., for review by ENGINEER will be similar to that orovided in paragraph 6.7.1 as applied by ENGINEER and as may be supplemented in the Gen- eral Requirements. 6.7.3. ENGINEER will be allowed a reasonable time within which to evaluate each proposed substitute. ENGI- NEER wilI be the sole judge of acceptability, and no substitute will be ordered, installed or utilized without ENGINEER's prior whiten acceptance which will be evi- denced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to fur- nish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any substitute. ENGINEER will record time required by ENGINEER and ENGINEER's consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby. Whether or not ENGINEER accepts a proposed substitute. CON- TRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's consultants for evaluat- ing each proposed substitute. Concerning Subcontractors, Su££11er~ and Others: 6.8.1. CONTRACTOR shall not employ any Subcon- tractor. Supplierorother person or organization (including those acceptable to OWNER and ENGINEER as indi- cated in paragraph 6.8.2), whether initially or as a substi- tute. against whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor. Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. 6.8.2. If thc Supplementary Conditions require the identity of certain Subcontractors, Suppliers or other per- sons or organizations {including those who are to furnish the principal items of materials and equipment) to be sub- mitted to OWNER in advance of the specified date prior to the Effeclive Date oCthe Agreement for acceptance by O\VNER and ENGINEER :lnd ii' CONTRACTOR has submiiled ti list thereof in accord;mcr with thc Supple- reenter:.' Conditions. OWNER's or ENG I N.~' .E ER's accept- ance telth¢~' in writing or by failing lo mnke written objec- tion thereto by the dlite indic:stud for acceptance or objec- tion in the bidding dncumems or the Contract Documents} of any such Subcontractor. Supplier or other person or organization so identified may be revoked on thc basis of reasonable objection after duc investigation, in which case CONTRACTOR shall submit an ncceptable substitute, the Contract Price will be increased by the difference in the cost occasioned by such substitution and an appropriate Change Order will be issued or Written Amendment signed. No occeptance by OWNER or ENGINEER of any such Subcontractor. Supplier or other person or organization shall constitute a waiver of any fight of OWN ER or ENGI- N ERR to reject defectlre Work. * 6.9. CONTRACTOR shall be fully responsible to OWN ER and ENGINEER for all acts and omissions of thc Subcon- tractors, Suppliers and other persons and organizations per- forming or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRAC- TOR is responsible for CONTRACTOR's own acts and omis- sions. Nothing in the Contract Documents shall create any contractual relationship between OWNER or ENGINEER and any such Subcontractor. Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor. Supplier or other person or organization except as may otherwise be required by Laws and Regulations. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CON- TRACTOR in dividing thc Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Sub- contractor will be pursuant to an appropriate agreement 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 OWNER and ENGINEER and contains waiver provisions as required by paragraph 5.11. CONTRACTOR shall pay each Subcontractor a just share of any insnrafice mone:ys received by CONTRACTOR on account of losses under pol- ', icies issued pursuant to paragraphs 5.6 and 5.7. Patent Fees and Royalties: 6.12. CONTRACTOR shall pay aR license fees and roy- aries and assume all costs incident to the use in the perfor- mance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject o.epatent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in thc Contract Documents for use in thc pcrfor- mance of the Work and if to the actual knowledge of 0WNER *See Supplementary Conditions 43 or ENGINEER its usc is subject to patent rights or copyrights calling for the paymen: of any license fcc&or royalty to oti~ers. the existence of such rights shall be disclosed by OWNER in the Contract Documents. CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and anyone directly or indirectly empIoyed by either of them from and against all claims, damages, losses and expenses (including attorneys' fees and court and arbitration costs) adslng out of any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process. product or device not specified in the Contract Documents, and shall defend all such claims'in connection with anyalleged infringement of such rights. Permit: * 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all con- struction permits and licenses. OWNER shall assist CON- TRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which arc applicable at the time of opening of Bids, or if there are no Bids on the Effective Date of the Agreement. CON- TRACTOR shall pay all charges of utility owners for con- nections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. place of the Project which arc applicable during the perfor- mance of the Work. Use of Premlses: 6.16. CONTRACTOR shall confine construction equip- ment, the storage of materials and equipment and the oper- ations of workers to the Project site and land and areas iden- lifted in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights- of-way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any land or areas contig- uous thereto, resulting from Jhe performance of the Work. Should any claim be made against OWNER or ENGINEER by any such owner or occupant because cf the performance of the Work, CONTRACTO~ shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER and ENGINEER harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equi- table, brought by any such other party against OWNER or ENGINEER to the extent based on a claim arising out of CONTRACTOR's performance of the Work. Laws and Regulalfons: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to fur- nishing and performance of the Work. Except where oth- er-wise expressly required by applicable Laws and Regu- lations, neither OWN ER nor ENO IN EER shall be respon- sible for monitoring CONTRACTOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR observes that the Specifi- cations or Drawings are at variance with any Laws or Regulations, CONTRACTOR shall give ENGINEER prompt written notice thereof, and any necessary changes will be authorized by one of the methods indicated in paragraph 3.4. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to such Laws or Regulations, and without such notice to ENGINEER, CONTRACTOR shall bear all cosU arising therefrom; however, it shall not be CONTRACTOR's pri- mary responsibility to make certain that thc Specifications and Drawings arc in accordance with such Laws and Regulations. * 6.15. CONTP. ACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRAC- TOR in accordance with the Laws and Regulations of the 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTR. ACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equip- ment and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by OWNER. CON- TRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any. part of the Work or adjacent property to stresses or pressures that will endanger it. Record Document$: 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Directive Changes, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during eon- struction. These record documents togetbe r with all approved samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon corn- *See Supplementary Conditions 44' Shop Drawings wilt he delivered to F_,,NGIN EER Ibr OWNER. SafcO' and Protection: ~ 6.20. CONTRACTOR shall be responsible for initiating. maintaining and supervising all safety precautions and pro- grams in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of. and shall provide the accesser3' protection to prevent damage, injury or loss Io: 6.20.1. all employees on the Work and other persons and organizations who may be affected thereby: 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, laxvns, walks, pavements, road- ways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with ali applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage. injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the pro- tection, removal, relocation and replacement of their prop- erty. All damage, injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly. in whole or in part. by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indi- rectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indi- rectly, in whole or in part. to the fault or negligence of CON- TRACTOR}. CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accord- ance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substan- tial Completion). 6.21. CONTRACTOR shall designate a responsible rep- resentative at the site whose duty shall be the prevention of accidcnts. This person shall be CONTRACTOR's superin- tendent unless otherwise designated in writing by CON- TRACTOR to OWNER. 6.22. In emergencies affecting thc safely or protection of persons or the Work or property at thc site or ',lllj. ncc nt thereto. CONTRACrOR. without special instruction or authorization from ENGINEER or OWNER. is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGIN EER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGI- NEER determines that a change in the Contract Documents ' ' is required because of the action taken in response to an emergency, a Work Directive Change or Change Order will be issued to document the consequences of the changes or variations. Shop Drawings and Saml?l. es: 6.23. ARer checkiug and verifying all field measurements and after complying with applicable procedures specified in the General Requirements, CONTRACTOR shall submit to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawing submissions (see para- graph 2.9), or for other appropriate action if so indicated in the Supplementary Conditions, five copies (unless otherwise specified in the General Requirements) o fall Shop Drawings. which will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's responsi- bilities under the Contract Documents with respect to the review of the submission. All submissions will be identified as ENGINEER may require. The data shown on the Shop Drawings will be complete with respect to quantities, dimen- sions, specified performance and design criteda.-matedals and similar data to enable ENGINEER to review the infor- mation as required. 6.24. CONTRACTOR shall also submit to ENGINEER for review and approval with such promptness as to cause no delay in Work, all samples required by the Contract Doc- uments. All samples will have been checked by and accom- panied by a specific written indication that CONTRACTOR has satisfied CONTRACTOR's responsibilities under the Contract Documents with respect to the review of the sub- mission and will be identified clearly as to material, Supplier, pertinent data such as catalog number? and the use for which intended. 6.25.1. Before submission of each Shop Drawing or sample CONTRACTOR shall have determined and veri-, fled all quantities, dimensions, specified performance cri- teria, installation requirements, materials, catalog num- bers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requiremeuts of the Work and the Contract Documents. ' 6.25.2. "At the time of each submission. CONTRAC- TOR shall give ENGINEER specific written notice of each variation that tho Shop Drawings or samples may have from thc requirements of thc Contract Documents, and, in addition, shall cause a specific notation to be made on *See Supplementary Conditions 45 cach Shop Drawing submiucd to ENGINEER £or review and approval of each such variadon.: 6.26. ENGINEER will review and approve with reason- able promptness Shop Drawings and samples, but ENGI- NEER's review and approval will be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means, methods, techniques, sequences or procedures of construction (except where a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate Rcm as such will not indicate approval of the assembly in which the item functions. CON- TRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Drawings and submit as required new samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.27. ENGINEER's review and approval of Shop Draw- ings or samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of submission as required by paragraph 6.25.2 and ENGINEER has given written approval of each such varia- tion by a specific written notation thereof incorporated in or accompanying the Shop Drawing or sample approval; nor will any 'approval by ENGINEER relieve CONTRACTOR from responsibility for errors or omissions in the Shop Draw- ings or from responsibility for having complied with the pro- visions of paragraph 6.25.1. attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than ,.he Work itself) including the loss of use resulting thee'cf'rom and (b) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them io perform or furnish any of the Work or anyone for whose acts any o£ them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Law and Regulations regardless of the negligence of any such party. 6.31. In any and all claims against OWNER or ENGI- NEER or any of their consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor. any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.30 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTPOkCTOR or any such Subcontractor or other person or organization under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 6.32. The obligations of CONTRACTOR under para- graph 6.30 shall not extend to thc liability of ENGINEER, ENGINEER's consultants, agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications. ARTICLE 7--OTHER WORK 6.28. Where a Shop Drawing or sample is required by the Specifications, any related Work performed prior to ENGI- NEER's review and approvalofthe pertinent submission will be the sole expense and responsibility of CONTRACTOR. Continulng the Wor&' 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed penal- ing resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or a~ CONTRACTOR and OWNER may otherwise agree in writing. Related Work at SHe: 7.1. OWlqER may perform other work related to the Proj- ect at the site by OWNER's own forces, have other work 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 in the Contract Documents, written not[ce thereof will be given to CONTRACTOR prior to starting any such other work; and, if CONTRACTOR believes that such perfor- mance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable tb agree as to the extent thereof, CONTRACTOR may make'a claim therefor as provided in Articles I I and 12. * 'Indemnification: 6.30. To the fullest'extent permltted by Laws and Regu- latlona CONTRACTOR shall indemolfy and hold harmless OWNER and ENGINEER and their consultants, agents and employees from and against all clalms, damages, losses and expenses, direct, indirect or consequential (including but not limited t6 fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) aris- ing out of or resulting from the performance of the Work, 7.2. CONTRACTOR shall ~Tord each utility owner and other contractor who is a party to such a direct contract (or OWNER, if OWNER is performing the additional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall propody connect and coordinate the Work with theirs. CONTRACTOR shall do all cutting, fitting and patching of the Work that may b¢ required to make ils several paris come together properly and integrate with such other work CON- *See Supplementary Conditions 46 or ahcr thdr work wifl] the wl'hlen c~anscnt of ENGINEER and the olhers whose work will bc affected. Thc dut~ns and rcsponsib{lh{cs of CONTRACTO~ under this p~ragraph ~rc lo thc CXI~NI that there ~r¢ comparabfe provisions for benefit oC CONTRACTOR in said direct comrac~s between ?.3. If any pan of CONTRACTOR's Work depends for proper execution or results upon thc work of any such other contractor or utility owner (or OWNER), CONTRACTOR shall inspect and promptly report to ENGINEER in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. CONTRACTOR's failure so to report win constitute an acceptance of the other ~vork as fit and proper for integra- tion with CONTRACTOR's Work except for latent or non- apparent defects and deficiencies in the other work. lures which have been utilized by ENGINEER in preparing thc Dcawings and Specifications. 8.5. OWNER's rcsponsibilitics in rcspcct-l:ff pmcimsing and maintaining liability and property insurance nrc scl forth in paragraphs .5.5 through 5.8. 8.6. OWNER is obligated t~ execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in rcspcct of ccrtain inspections, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CON- TRACTOR under certain circumstances. ARTICLE ~ENGINEER'S STATUS DURING CONSTRUCTION Coordination: 7.4. If OWNER contracts with others for the perfor- mance of other work on the Project at the site, the person or organization who will have authority and responsibility for coordination of the activities among the various prime con- tractors will be identified in the Supplementary Conditions, and the specific matters to be covered by such authority and responsibility will be itemized, and the extent of such author- ity and responsibilities will be provided, in the Supplementary Conditions. Unless othenvise provided in the Supplementary Conditions. neither OWNER nor ENG[NEER shall have any authority or responsibility in respect of such coordination. ARTICLE g--OWNER'S RESPONSIBILITIES 8.1. OWNER shall issue all communications to CON- TRACTOR through ENGINEER. 8.2. In ca~e of tcrmlnadon of the employment of ENGI- NEER, OWNER shall appoint an engineer against whom CONTRACTOR makes no reasonable objection, whose sta- tus under the Contract Documents shall be that of the former ENGINEER. Any dispute in connection with such appoint- ment shall be subject to arbitration. 8.3. OWNER shall famish the data reqolred of OWNER under the Contract Documents promptly and shall make pay- ments to CONTRACTOR promptly alter they are due as provided in paragraphs 14.4 and 14.1~. 8.4. OWNER's duties in respect of providing lands and easements and providing coglncerlng surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Para- graph 4.2 refers to OWNER's identifying and making avail- able to CONTRACTOR copies of reports ofcxploratlons and tests of subsurface conditions at thc slte and in existing stroc- Owner's Representative: 9.1. ENGINEER will be OWNER's representative dur- ing the construction period. The duties and responsibilities and thc limitations of authority of ENGINEERas OWNER's representative during construction are set forth in the Con- tract Documents and shall not be extended without written consent of OWNER and ENGINEER. Vixlt$ to Site: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction to obser,,e the progress and quality of the executed Work and to.deter- mine, in general, if the Work is proceeding in accordance .with the Contract Decuments. ENGINEERwilt not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. ENGINEER's efforts will b¢ directed toward providing for OWNER a greater degree of confidence that thc completed Work will conform to thc Contract Documents. On thc basis of such visits and on-slte observations as an experienced and qualified design profes- slonal, ENGINEER will keep owlqER informed of the prog- ress of the Work and will endeavor to guard OWN ER against defects and deficiencies in the Work. Project Representation: * 9.3. It' OWNER and ENGINEER agree, ENGINEER will furnish a Resident Proje'~t Representative to assist ENGINEER in observing the performance of the Work. The duties, r~pon$ibil[ties and [imitations of authority of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions. If OWNER designates another agent to represent OWNER at the site who is not ENGINEER's agent or employee, the duties, rcsponsibil[tles and limitations of authority of such other per~on wdl be as prov'dcd in thc Supplementary Conditions. *See Supplementary Conditions 47 Clarifications and Interpretations: :. 9.4. ENGINEER wilI issue with reasonable promptness such written clarifications or interpretations of the require- merits of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine n¢cessa~', which shall be consistent with or reasonably inferable from thc overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification or interpretation justifies an increase in the Contract Price or an extension of thc Contract Time and the parties arc unable to agree to the amount orextent thereof, CONTRACTOR may make a claim therefor as provided in Article I I or Article 12. Authorized Variations in IVork: 9.5. ENGINEER may authorize minor variations in the Work from the requ~ements Glebe Contract Documents whlch do not involve an adjustment in tho Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER, and also on CONTRACTOR who shall perform the Work involved promptly. If CONTPJLCTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Article 11 or 12. Rejecting Defective Work: 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, and will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. $~op Drawings, Change Order~ and Payments: 9.7 In connection with ENGINEER's responsibility for lJhop Drawings and samples, see paragraphs 6.23 through 6.28 inclusive. 9.8. In connection with ENGINEER's responsibilities as to Change Orders, see Articles I0, 11 and 12. 9.9. In connection with ENGINEER's responslbi[itles in respect of Applications for Payment, etc., see Art[de 14. Determlnatlons for llnlt Prices: 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CON- TRACTOR. ENGINEER will review with CONTRACTOR ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommen- dation of an Application for Payment or otherwise). ENGI- NEER's written decisions thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days alter the date of any such decision, either OWNER or CON- TRACTOR delivers to the other party to the Agreement and 48 to ENGINEER written notice of intention to appeal from such a decision. ~. Decisions on Disputes: · 9.1 i. ENGINEER will be the initial interpreter of the requircments of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishbg of the Work and claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Time will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph, which ENGINEER will render in writing within a reasonable time. Written notice of each such claim, dispute and other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the occurrence of the evefit giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after such occurrence unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim. 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11, ENGINEER wilI not show par- tiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 and 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final pay- ment as provided in paragraph 14.16) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such fights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter. Limitations on ENGINEER's Responsibilities: 9.13. Nekher ENGINEER's authority to act under thls Article 9 or elsewhere in the Contract Documents nor any declsion made by ENGINEER in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR, any Sub- contractor, any Supplier, or any other person or organization performing any of the Work, or to any surety for any of them. 9.14. Whenever in the Contract Documents the terms"as ordered", "as directed", "as required", "as allowed", "as approved" or terms of like effect or import arc used, or the adjectives "reasonable", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Docu- ments (unless there is a specific statement indicating other- wise). The use of any such term or adjective shall not be effective to assign to ENGINEER nn~ duty or authority to supervise or direct thc furnishing or performance of thc Work or any duty or authority to undertake rcsponslbi[ity contrary to thc provisions o~ paragraph 9. I 5 or 9.16. 9.15. ENGINEER will not be responsible for CON- TRACTOR's means, methods, techniques, sequences or pro- cedures of construction, or the safety prccautions and pro- grams incident thereto, and ENGINEER will not be respon- sible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 9.16. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier. or of any other person or organization performing or furnishing any of the Work. 10.4.3. changes in thc Contract Price or Contract Time which embody the substance of any writicn d~Ersion ~en- tiered by ENGINEER pursuant to paragraph 9.11: provided that, in lleu of executing any such Change Order, · an appeal may be taken from nny such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CON- TRACTOR shall carry on the Work and adhere to thc prog- ress schedule as provided in paragraph 6.'2.9. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRAC- TOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 10--CHANGES IN THE WORK 10.1. Without invalidating the Agreement and withoumotice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work; these will be authorized by a Written Amendment, a Change Order, ora WorkDirective Change. Upon receipt of any such document. CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an increase or decrease in the Contract Price or an extension or shortening of the Contract Time that should be allowed as a result of a Work Directive Change, a claim may be made therefor as provided in Article II or Artlcln 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any Work performed that is not required by the Contract Documents as amended, modified and supple- mented as provided in paragraphs 3.4 and 3.5, except in the case of an emergency as provided in paragraph 6.22 and except in the case of uncovering Work as provided in para- graph 13.9. 10.4. OWNER and CONTRACTOR shall execute appro- priate Change Orders (or Written Amendments) covering: I0.4.1. changes in the Work which are ordered by OWN ER pursuant to paragraph 10. I, are required because of acceptance of defective Work under paragraph 13.13 or correcting defecth,e Work under paragraph 13.14. or arc agreed to by thc parties; 10.4.2. changes in t he Contract Price or Contract Time which are agreed to by the panics; and ARTICLE l I---CHANGE OF CONTRACT PRICE I1.1. The Contract Price constitutes the total compen- sation (subject to authorized adjustments) payable to CON- ' TRACTOR for performing the Work. All duties, responsibil- ities and obligations assigned to or undertaken by CON- TRACTOR shall be at his expense without change in the Contract Price. 11.2. The Contract Price 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 notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts (direct, indirect and con- sequential) to which the claimant is entitled as a result of the occurrence of said event. All claims for adjustmeni in the Contract Price shall be determined by ENGINEER in accor- dance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 11.3.1. Where the Work involved is covered by unit prices contained in thc Contract Documents. by applica- tion of unit pdces to the quantities of the items involyed (subject to thc provisions of paragraphs 11.9.1. through 11.9.3, inclusive). 11.3.2. By mutual acceptance Of a lump sum (which may include an allowance rot overhead and profit not necessarily in accordance whh paragraph 11.6.2.1}. I 1.3.3. On the basis of the Cost of thc Work (deter- mined as provided in paragraphs 11.4 and Il.5} plus a CONTRACTOR's Fee for overhead and profit (deter- mined as provided in paragraphs I 1.6 and 11.7). Cost of the Work: I 1.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as other~4se may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only thc followlng items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1. Payroll costs for employees in the dkect employ of CONTRACTOR in the performance of the Work undei: schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and hol- iday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Satur- day, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipmem fumlshed and incorporated in the Work, including costs of tans- portation and storsge thereof, and Suppliers' field services required in connection therewith. Ail cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make i~ayments, in which case the cash discounts shall accrue to OWNER. Ali trade discounts, rebates and refunds and all returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CON- TRACTOR and shall deliver such bids to OWNER who wiU then determlne, with the advice of ENGINEER, which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee, the Subcontractor's Cost of the Work shall be determined in the same manner as CONTRAC- TOR's Cost of the Work. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. ~. 1 1.4.4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, sur- veyors, attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transporta- tion, travel and subsistence expenses of CONTRAC- TOR's employees incurred in discharge of duties con- nected with the Work. 11.4.5.2. Cost, including transportation and main- tenance, of all materials, supplies, equipment, machin- ery, appliances, office and temporary facilities at the site and hand. tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the pans thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof--all in accordance with terms of said rental agroements. The rental of any such equipment, machln- cry or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposks lost for causes other than negll- gance of CONTRACTOR, any Subcontractor or any- one directly or indirectly employed by any of them or for wl.ose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses), not compensated by insurance oroth~rwise, to the Work or otherwise sustained by CONTRACTOR in connection with thc performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9), pro- vided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or · anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cos~. of the Work for the purpose of determining CONTI'IAC- TOR's Fee. If, however, any such loss or damage 50 requires reconstruction and C~N'I'RACTOR is placed in charge thereof. CONTRACTOR shall bc paid for servlccs a fee proportionate to that stated in paragraph I 1.6.2. 11.4.5.'/. The cost of utilities, fuel and sanitary facilities at thc site. 11.4.5.8. Minor expenses such ns telegrams, long distance telephone calls, telephone service at thc site,. expressagc and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work and premiums for properW insurance coverage within the limits of the deductible amounts established by OWNER in accordance with paragraph 5.9. 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CON- TRACTOR's officers, executives, principals (of par~ner- ship and sole proprietorships), general managers, engi- neers, architects, estimators, attorneys, auditors, accoun- tants, purchasing and contracting agents, expeditors, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRAC- TOR's principal or a branch office for general admin[stra- llon of the Work and not specifically included in the agreed upon schedule of job c[assifications referred to in para- graph I 1.4.1 or specifically covered by paragraph l 1.4.4~ all of which are to be considered administrative costs covered by the CONTRACTOR's Fee. 11.5.2. Expenses of CONTRACTOR's pdncipal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOR's capkal expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and malntaln the same (except for the cost of premiums covered by sub- paragraph I 1.4.5.9 above). I 1.5.5. Costs due to the negligence of CONTRAC- TOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work. disposal of materials or equipment wrongly supplied and making good any damage to prop- erty. 11.5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph I 1.4. CONTRA CTOR's Fee: I 1.6. Thc CONTRACTOR's Fee ullowed to'CONTRAC- TOR for overhead and profit shall be dctermincd as follows: 11.6.1. a mutually acceptable fixed fee: or if none can be agreed upon, I 1.6.2. a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, the CONTRACTOR's Fee shall be fifteen percent; 11.6.2.2. forcostsincurred under paragraph 11.4.3, the CONTRACTOR;s Fee shall be five percent: and if a subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to CONTRACTOR on account of overhead and profit of all Subcontractors shall be fifteen percent; 11.6.2.3. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and I 1.5: 11.6,2.4. the amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in CONTRAC- TOWs Fee by an amount equal to ten percent of the net decrease: and 11.6.2.5, when both additions and credits are involved in any one change, the adjustm'ent inCON- TRACTOR's Fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 throagh I 1.6.2.4, inclusive. 11.7. Whenever the cost of any Work is to be determined pursuant to paragraph 11.4 or 11.5, CONTRACTOR svill submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data. Cash Allowances: I 1.8. It is understood that CONTRACTOR has included in thc Contract Price all allowances so named in tb~ Contract Documents and shall cause the Work so covered to be done by such Subcontractors or Suppliers and for such sums within the limit of the allowances as may be acceptable to ENGI- NEER. CONTRACTOR agrees that: 11.8.1. The allowances include the cost to CON- TRACTOR (less any applicable trade discounts) of mate- rials and equipment required by the allowances to be deliv- ered at the site, and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead, profit and othcr expenses contemplated for the allowances have been included in the Contract Price and not in the 51 allowances. No demand for addi[[oflal payment on account of any thereof will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspond- ingly adjusted. Un~ Price Work: I 1.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indi- cated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quan- tities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accor- dance with Paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each sep- arately ideotlfled item. '11.9.3. Where the quantity of any kem of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement and there is no corresponding adjustment with respect to any other item of Work and if CONTRACTOR believes that CONTRACTOR has incurred additional expense a-s a result thereof, CON- TRACTOR may make a claim for an increase in the Con- tract Price in accordance with Article 11 if the parties are unable to agree as to the amount of any such increase. ARTICLE 12--CHANGE OF CONTRACT TIME 12.1. The Contract Time may only be changed by a Change Order or a Written Amendment. Any claim for an extension or shortening of the Contract Time shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be deliv- ered within sixty days after such occurrence (unless ENGI- NEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accom- panied by the claimant's written statement that the adjust- ment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Time *See Supplementary Condition~ 52 shall be determined by ENGINEER in accordance with para. graph 9. I 1 dOWNER and CONTRACTOR cann.~ot otherw[se agree. No claim for an adjustment in the Contract Time will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of CON- TRACTOR if a claim is made therefor as provided in para- graph 12.1. Such delays shall include, but not be limited to, acts or neglect by OWNER or others performing additional work as contemplated by Article 7, or to fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. 12.3. All time lin~its stated in the Contract Documents are of the essence of the Agreement. The provisions of this Article 12 shall not exclude recovery for damages (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) for delay by either party. ARTICLE 13---WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK Warranty and Guarantee: 13.1. CONTRACTOR warrants and guarantees to OWNER and ENGINEER that all Work will be in accor- dance with the Contract Documents and will not be defective. Prompt notice of ail defects shall be given to CONTRAC- TOR. Ail defective Work, whether or not in place, may be rejected, corrected or accepted as provided in this Arlicle 13. Access to Work: 13.2. ENGINEER and ENGINEER's representatives, other representatives of OWNER, testing agencies and gov- ernme ntal agencies withjurisdictional interests will have access to the Work at reasonable times for their observation, inspecting and testing. CONTRACTOR shall provide proper and safe conditions for such access. Tests and Inspections: 13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals. 13.4. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) to specifically be inspected, tested or approved, CONTRACTOR shall assume full responsibility therefor pay all costs in connection therewith and furnish ENGINEER the required certificates of inspection, testing or approval. CONTRACTOR shall also be responsible for and shall pay atl.,c, osts Jn connection with any inspection or testing required in connection with OWN- ER's or ENGINEER's acceptance of a Supplier of materials or equlpment proposed to be incorporated in the V/ork. orof materials or equipment submitted for approval prior to CON - TRACTOR's purchase thereof for incorporation in the Work.. The cost of all inspections, tests and approvals in add,don to the above which arc required by the Contract Documents shall be paid by OWNER (unless othe~vise specified}. 13.$. Alt inspections, tests or approvals other than those required by Laws or Regulations of any public body having jurisdiction shall be performed by organizations acceptable to OWNER and CONTRACTOR (or by ENGINEER if so specified). 13.6. If any Work (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of ENGINEER, it must, if requested by ENGI- NEER, be uncovered for observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's inten- tion to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. 13.7. Neither observations by ENGINEER nor inspec- tions, tests or approvals by others shall relieve CONTRAC- TOR from CONTRACTOR's obligations to perform the Work in accordance with the Contract Documents. Uncovering Work: 13.8. Ifany Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER's request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defecth,e. CONTRACTOR shall.bear all direct, indirect and consequential costs of such uncovering, expo- sure. observation, inspection and testing and of satisfactory reconstruction, (including but not limited to fees and charges of engineers, architects, attorneys and other professionals). and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, may make a claim tberefor as provided in Article II. If. however, such Work is not found to be defecth.e. CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction; and. if the parties are unable to agrec as to the amount or extcnt thereof. CONTRACTOR may make a claim thcrct;:,- as pro- vidcd in Articles Il and 12. Owner Ma)' Stop the Work: 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform thc Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to st. op the Work. or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party. Correction or Removal of Defectlve Work: 13.1 I. lfrequlmd by ENGINEER, CONTRACTOR shall promptly, as directed, either correct ail defecti~'e Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with nondefective Work. CONTRACTOR shall bear all direct, indirect and consequential costs of such correction or removal (including but not limited to fees and charges of engineers, architects, attorneys and other profes- sionals) made necessary thereby. One Year Correction Period: 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- cable special guarantee required by the Cont~ct Documents or by any specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions, either correct such defective Work, or. if it has been rejected by OWNER, remove it from the site and replace it with nondefective Work. If CONTRACTOR does not promptly comply with the terms of such instruetions. or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the de£ectivt Work cor- rected or the rejected Work removed and replaced, and all direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and. charges of engineers, architects, attorneys and other professionals) will, be paid by CONTRACTOR. In special circumstances Where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. Acceptance of Defective Work: 13.13. If, instead of requiring correction or removal and replacement of defecth'e Work. OWNER (and. prior to ENGINEER's recommendation of final payment, also ENGINEER} profers to accept t,OWNER maydo s~.CON- TRACTOR shall bear all direct, indirect and consequential 53 costs attributable to OWNER's trait'aliGn of and determi- nation to accept such defective Work (such costs to be approved by ENGINEER as to reasonab(cncss and to include but not be limited to fees and charges of engineers, architects, attor- neys and other professionals). If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporatlng the necessary revi- sions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to ~he amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice of ENGINEER to proceed to correct and to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with para- graph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CON- TRACTOR fails to comply with any other provision of the Contract Documents, OW'NER may, after seven days' writ- ten notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. To the extent necessary to complete corrective and remedial action, OWIqER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work~ and suspend CON- TRACTOR's services related thereto, take possession of 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 has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's represen- t, atlves, agents and employees such access to the site as may be neoessary to enable OWNER to exercise the fights and remedies under this paragraph. All direct, indirect and con- sequential costs of OWNER in exercising such tights and remedies will be charged against CONTRACTOR in an amount approved as to reasonableness by ENGINEER, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrcase in the Contract Price, and, if the parties arc unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article I 1. Such direct, indirect and consequen- tial costs will include but not be limited to fees and charges of engineers, architects, attorneys and other professionals, all court and arbitration costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in per- formance of the Work attributable to t he exercise by OWN ER of OWNER's fights and remedies hereunder. ARTICLE 14--PAYMENTS TO CONTRACTOR AND COMPLETION ~. Schedule of Values: 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Pay- ment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Progress Payment: 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 Appll- cation for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of ali liens, charges, security interests and encumbrances (which are hereinafter in these General Conditions referred to as "Liens"} and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be sat- isfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. CONTRACTOR's Warranty of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Appli- cation for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review of Appllcatlons for progress Payment: 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and i~resent the Application to OWNER, or return the Application to CONTRACTOR indi- eating in writing ENGINEER's reasons for re'fusing to rec- ommend payment. In the latter ease, CONTRACTOR may make the necessary corrections and resubmit the Applica- tion. Ten days after presentation of thc Application for Pay- ment with ENGINEER's recommendation, the amount rec- ommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR. 14.5. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a 54 representation b)' ENGINEER to r3WN ER. bused ou ENGI- NEER's on-site observations of the Work in progress ns an experienced and qu:dificd design professional ami on ENGI- NEER's review of thc Application I~r Paymcm nnd die accompanying dam and schedules thru thc Work has pro- grcssed Io the point indicated: that, to thc best of ENGI: NEER's knowledge, information and belief, dm quality of the Work is in accordance with thc Contract Documents (subject to ~n evaluation of thc Work as a functioning whole prior to or upon Substantial Completion. ~o the results of any subsequ¢nt tests called for in the Contract Documents. to ~ final determination of qu~mitics and classifications for Unit P~ce Work under paragraph 9.10. and to any other qualifi- cations stated in the recommendation): and that CONTRAC- TOR is cntided to payment of thc amount recommended. Howewr. by recommending any such payment ENGINEER will not lhcr~by be d~cmed to hgv¢ represented that exhaus- tive or continuous on-site inspections have bc~n made to check ~h~ quality or the quantity of thc Work ~yogd the res~nsibilities specifically assignc~ to ENGINEER in thc Contract D~uments or that there may not be other matters or issues between the panles that might entitle CONTRAC- TOR to be paid additionally by OWNER or OWNER to withhold payment to CONT~OR. 14.6. ENGINEER's recommendation of final payment will constitute an additional representation by ENGINEER to OWNER that the conditions precedent to CONTRAC- TOR's being entitled to final payment as set forth in paragraph 14.13 have been fulfiIled. 14.7. ENGINEER may refuse to recommend the whole or any pan of any payment if. in ENGINEER's opinion, it would be incorrect to make such representations to OWNER. ENGINEER may also refuse to recommend any such pay- ment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nuI[ifyany such payment previously recommended, to such extent as may be necessary in ENGiNEER's opinion to protect OWN ER from loss because: 14.7.1. the Work is defecth'e, or completed Work has been damaged requiring correction or replacement. 14.7.2. the Contract Price has been reduced by Writ- ten Amendment or Change Order. 14.7.3. OWNER has been required to correct defec- tlve Work or complete Work in accordance with paragraph 13.14. or 14.7.4. of ENGINEER's actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 1.5.2.9 inclusive. OWNER may fei'use to make payment of the lull amount recommended by ENGINEER because claims have been made against OWNER on account of CONTRACTOR's per- formance or furnishing of the Work or Liens have been filed in connection with the Work or there are other items entitling OWN ER lo a sel-olT ugainst lite amount recommended, but OWNER must give CONTRACTOR immedihTfi-~wriuen notice (with a copy to ENGINEERI stating thc rcason~ for such action. Substantial Completion: 14.8. When CONTRACTOR considers thc cmire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGI- N EER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER. CONTRACTOR and ENGINEER shall make an inspection of the Work to deter- mine the status of compl~tion. If ENGINEER does not con- sider the Work substantially complete, ENO iN EER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWN ER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or cor- rected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If. after considering such objec- tions. ENGINEER concludes that the Work is not substan- tially complete. ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, ENGINEER considers the Work substantially complete. ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be com- pleted or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consider- ation of any objections from OWN ER. At the time ofdellvery of the tentative certificate of Substantial Completion ENOI- N EER will deliver to OWN ER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat. utilities, insurance and warranties. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER prior to ENGiNEER's issuing the definitive · certificate of Substantial Completion, ENGINEER's afore- said recommendation will be binding on OWNER and CON- TRACTOR until final payment. 14.9. OWNER shall have the right to exclude CON- TRACTOR from the Work aRcr the date of Substantial Com- pletion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentativc list. ParrOt Utilization: 14.10. Usc by OWNER of any finished part of thc Work, wh!ch has specifically been identified in the Contract Docu- 55 ments, or which OWNER, ENGINE~ER and CONTRAC- TOR agree constitutes a separately functioning and useable part of the Work that can be used by OWNER without sig- nificant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the follow- ing: 14.10. I. OWNER at any time may request CON- TPokCTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CON- TRACTOR a~ees, CONTRACTOR will certify to OWN ER and ENGINEER that said part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CON- TRACTOR at any time may notify OWNER and ENGI- NEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substan- tially complete and request ENGINEER to issue a certif- icate of Substantial Completion for that part of the Work. Withina reasonable time after either such request. OWNER, CONTRACTOR and ENGINEER shall make an inspec- tion of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of para- graphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. OWNER may at any time request CON- TRACTOR in writing to permit OW'NER to take over operation of any such part of the Work although it is not substantially complete. A copy of such request will be seat to ENGINEER and within a reasonable time there- after OWNER, CONTRACTOR and ENGINEER shall make an inspect/on of that part of the Work to determine its status of completion and will prepare a list of the items remaining to be completed or corrected thereon before final payment. If CONTRACTOR does not object in writ- ing to OWNER and ENGINEER that such part of the Work is not ready for separate operation by OWNER, ENGINEER will finalize thc list of items to be completed or corrected and will deliver such list to OWNER-and CONTRACTOR together with a written recommendat/on as to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insur- ance, warranties and guarantees for that part of thc Work which will become binding upon OWNER and CON- TRACTOR at the time when OWNER takes over such operation (unless they shall have otherwise agreed in writ- ing and so informed ENGINEER). During such operation and prior to Substant[al Completion of such part of the Work, OWNER shall allow CONTRACTOR reasonable access to complete or correct items on said llst and to complete other related Work. 14.10,3. No occupancy or separate operation of part of the Work will be accomplished prior to con..liar, ce with the requirements of paragraph 5.15 in respect of property insurance. · Final Inspection: 14. I 1. Upon written notice from CONTRACTORthat the entire Work or an agreed portion thereof is complete, ENGI- NEER will make a final inspection with OWNER and CON- TRACTOR and wil[ notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such defi- ciencies. Final Application for Payment: 14.12. After CONTRACTOR has oompleted all such cor- rections to the satisfaction of ENGINEER and delivered all maintenance and operating instimct/ons, schedules, guaran- tees, Bonds, certificates of inspection, marked-up record documents (as provided in paragraph 6.19) and other docu- ments---all as required by the Contract Documents, and after ENGINEER has indicated that the Work is acceptable (sub- ject to the provisions of paragraph 14.16), CONTRACTOR may make application fgr final payment following the pro- cedure for progress payments. The final Application for Pay- ment shall be accompanied by all documentation called for in the Contract Documents, together with complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work: In lieu thereof and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full; an affidavit of CON- TRACTOR that the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and that all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's proporty might in any way be respon- sible, have been paid or otherwise satisfied; and consent of thc surety, if any, to final payment. If any Subcontractor or Supplier fails to furnish a release or receipt in full. CON- TRACTOR may furnish a Bond or other collateral satisfac- tory to OWNER to indcmnlfy OX, VNER against any Lien. Final Payment and Acceptance: 14.13. If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentatlon---all as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled. ENGI- NEER will, within ten days after receipt of the final Appli- cation for Payment, indicate in writing ENGINEER's rec- ommendation of payment and present the Application to OWNER for payment. Thereupon ENGINEER will.give written notice to OWlqER and CONTRACTOR that thc Work is acceptable subject to the provisions of paragraph 14.16. 56 et 0. Otherwise, ENGINEER will retu~ the Application 1o CON- TRACTOR. indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Appli- cation. Thirty days after presentation to OWNER of the Application and accompanying documentation, in appropri- 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 OWNER to CONTRACTOR. 14.14. If, through no fault of CONTRACTOR, final com- pletion of the Work is significantly delayed and if ENGI- NEER so confirms, OWNER shall, upon receipt of CON- TRACTOR's final Application for Payment and recommen- dation of ENGINEER, and without terminating the Agree- ment, make payment of the balance due for that portion of the Work fully completod and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agree- ment, and if Bonds have been furnished as required in para- graph 5.1, the written ~onsent of the surety to the payment of the balance due for that portion of the Work fully eom- plated 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- eroing final payment, except that it shall not constitute a waiver of claims. Contractor's Conllnufng Obligation: 14.t5. CONTRACTOR's obligation to perform and com- plete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by ENGINEER, nor the issuance ora cer- tificate of Substantial Completion, nor any payment by OWNER to CONTRACTOR under the Contract Documents, nor any use or occupancy of the Work or any part thereof by OWNER, nor any act of acceptance by OWNER nor any failure to do so, nor any review and approval of a Shop Drawing or sample submission, nor the issuance of a notice ofacceptabilky by ENGINEER pursuant to paragraph 14.13, nor any correction of defective Work by OWNER wi!l con- stitute an acceptance of Work not in accordance with the Contract Documents or a release of CONTRACTOR's obli- gation to perform thc Work in accordance with thc Contract Documents (except as provided in paragraph 14.16). Waiver of CIMms: * 14.16. The maklng and aoceptance of final payment will 14.16.1. a waiver of all claims by OWNER against CONTRACTOR, cxcept claims arising from unsettled Liens, from defective Work appearing after final inspec- tion pursuant to paragraph 14. I I or from failure to comply with the Contract Documents or the terms orany special guarantccs specified therein; however, it will not consti- tute a waiver by OWNER of any rights in respect of CONTRACTOR's continuing obligations under the Con- tract Documents; and ~- 14.f6.2. a waiver of all claims by CONTRACTOR against OWN ER other than those previously made in writ- ing and still unsettled. ARTICLE 15--SUSPENSION OF WORK AND TERMINATION Owner May Suspend Work: 15.1. OWNER may. at any time and without cause, sus- pend the Work or any p~rtion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR ahd ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both. directly attributable to any suspension if CONTRACTOR makes an approved claim therefor as provided in Articles I 1 and 12. Owner May Terminate: 15.2. Upon the occurrence of any one or more of the following events: 15.2.1. if CONTRACTOR commences a voluntary Case under any chapter of the Bankruptcy Code (Tide I 1, United States Code), as now or hereafter in effect, oi' if CON- '. TRACTOR takes any equivalent or similar action'by filiog ' a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency; 15.2.2. if a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code aa now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at the time relating to bankruptcy or insolvency; 15.2.3. if CONTRACTOR makesa gener~l assignment for the benefit of creditors; 15.2.4. if a trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable law or under contract, whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of CONTRACTOR's croditora; 15.2.5. ir CONTRACTOR admits in writing an inabil- ity to pay its debts generally as they become duc; 15.2.6. ifCONTRACTOR persistently fails topefform thc Work in accordance with the Contract Documents *See Supplementary Condigiona 57 (including, but not limited to, failurl: to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schcdule established under paragraph 2.9 as revised from time to time); 15.2.7. if CONTRACTOR disregards Laws or Regu. lations of any public body having jurisdiction; 15.2.8. if CONTRACTOR disregards the authority of ENGINEER; or 15.2.9. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Docu- ments; OWNER may, after giving CONTRACTOR (and the gu. rely, if there be one) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which arc stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of thc Contract Price exceeds the direct, indirect and consequential costs of completing the Work (including but not limited to fees and charges of engineers, architects, attor- neys and otb'er professionals and court and arbitration costs) such excess will be paid to CONTRACTOR. If such costs · exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will be approved as to reasonableness by ENGINEER and incor- porated in a Change Order, but when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for thc Work performed. 15.3. Where CONTRACTOR's services have been so terminated by OWNER, thc termination will not affect any rights or remedies of OWNER against CONTRA'"C~OR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRAC- TOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy, elect to aban- don the Work and terminate the Agreement. In such case, CONTRACTOR shall be paid for all Work executed and any expense sustained plus reasonable termination expenses, which will include, but not be limited to, direct, indirect and con- sequential costs (includ!ng, but not limited to, fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs). Contractor 3fay Stop Wot& or Terminate: 15.5. If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted, or OWNER fails for thirty days to pay CONTRACTOR any sum finally deter- mined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, terminate the Agreement and recover from OWNER payment for all Work executed and any expense sustained plus reasonable termination expenses. In addition and in lieu of terminating the Agreement, if ENGINEER has failed to act on an Appli- cation for Payment or OWNER has failed to make any pay- ment as aforesaid, CONTRACTOR may upon seven.days' written notice to OWNER and ENGINEER stop the Work until payment of all amounts then due. The provisions of thls paragraph shall not relieve CONTRACTOR o f the obligations under paragraph 6.29 to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with OWNER. Article 16 deleted and page omitted'intentionally. [The remainder of this page was left blank intentionally.] ARTICLE 17--MISCELLANEOUS Citing Notice: 17.1. Whenever any provision of thc Contract Docu- ments requires tile giving of written notice, it will be deemed to have been validly given if delivered in person to the indl- ' vldual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of ibc not{ce. Computation of Time: 17.2.1. When any period of'time is referred to in the Contract Documents by days. it will be computed to exclude the first and include the last day of such period. If the last day of any such period fails on a Saturday or Sunday or on a day made a legal holiday by the law oftbe applicable jurisdiction, such day will be omitted from the computa- tion. 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight shall constitute a day. 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omis- sion or act of the other putty or of any of the other party's employees or agems or others for whose acts tl.~,~ o~her party is legally liable, clui9l will:be made in writing to thc other part)' within a rcasonuble time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shah not be construed as a substitute for or a waiver of the pro- visions of any applicable statute of limitations or repose. 17.4. The duties and obligations imposed by these Gen- eral Conditions and the rights and remedies available here- under to the parties hereto, and. in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.30, 13.1.13.12.13.14, 14.3 and 15.2 and ali of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be constru&~l in any way as n limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents. and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particulat duty. obliga- tion. right and remedy to which the7 apply. All representa- tions, warranties and guarantees made in the Contract Doc- uments will survive final payment and termination or com- pletion of the Agreement. 59 SECTION 07241 - EXTERIOR INSULATION AND FINISH SYSTEMS - CLASS PB 1.1 A. GENERAL Definitions: Systems refer to Class PB Exterior Insulation and Finish System (EIFS) that is defined by ASTM PS 49 as a "nonload bearing, exterior wall cladding system that consists of an insulation board attached either adhesively, mechanically, or both to the substrate; an integrally reinforced base coat; and a texture protective finish coat." System manufacturer refers to EIFS manufacturer. Physical Properties: EIFS complying with performance characteristics in "EIMA Guideline Specifica- tion for Exterior Insulation and Finish Systems, Class PB," including wind load per ASTM E 330 as in- dicated and impact classification and range per EIMA 101.86 as follows: Standard Impact Resistance: 25-49 inch-lb (2.8-5.6 J). C. Submittals: In addition to Product Data, submit the following: 1. Shop Drawings: Show fabrication and installation of system including plans, elevations, sections, details of components, joint locations and configurations within system and between system and construction penetrating it, termination details, and attachments to construction behind system. 2. Samples for each finish, color, texture, and pattern specified. 3. Material Certificates: Signed by manufacturers or a third-party agency approved by system manufacturer certifying that insulation and joint sealants comply with requirements. 4. Compatibility and Adhesion Test Reports: From sealant manufacturer. 5. Product Test Reports: Based on comprehensive testing of current products by a qualified testing and inspecting agency. Fire-Test-Response Characteristics: System assemblies and components with the following fire-test- response characteristics as determined by testing identical products per test method indicated below by UL or another testing and inspecting agency acceptable to authorities having jurisdiction. Identify products with appropriate markings of applicable testing and inspecting agency. Flame Spread of Insulation Board and Finish Coats: 25 or less when tested individually per ASTM E 84. Smoke Developed of Insulation Board and Finish Coats: 450 or less when tested individually per ASTM E 84. Coordinate installation of E1FS with related Work specified in other Sections to ensure that wall assem- blies, including sheathing, flashing, trim, joint sealers, are protected against damage from the effects of weather, age, corrosion, moisture, and other causes. Do not allow water to penetrate behind E1FS. 1.2 PRODUCTS A. Manufacturers: Subject to compliance with requirements, provide Class PB systems by one of the fol- lowing: 2. 3. 4. 5. 6. Acrocrete, Inc. Bonsal: W.R. Bonsal Co. Corev America, Inc. Dryvit Systems, Inc. EIFS Inc. Energex/Vitricon. FinestoneoSimplex Products Div.; a K2 Inc. Company. EXTERIOR INSULATION AND FINISH SYSTEMS - CLASS PB M:/Snapier/Spec 07241 - 1 7. Parex Incorporated. 8. Pleko Products, Inc. 9. Senergy Div.; of Harris Specialty Chemicals, Inc. 10. Sro Corp.; Sro Finish Systems Div. 11. Stuc-O-Flex International, Inc. 12. TEC Inc.; an H.B. Fuller Co. 13. United States Gypsum Co. Compatibility: Substrates, adhesive, board insulation, reinforcing meshes, base- and finish-coat materi- als, sealants, and accessories that are compatible with one another and approved for use by system manufacturer. C. Colors, Textures, and Patterns of Finish Coat: Engineer's selections from system manufacturer's full range of colors, textures, and patterns for type of finish coat indicated. D. Primer-Sealer: System manufacturer's standard substrate conditioner designed to seal substrates from moisture penetration and to improve the bond between substrate of type indicated and adhesive used for application of insulation. E. Adhesive for Application of Insulation: System manufacturer's standard formulation complying with the following requirements: l. Job-mixed formulation of portland cement complying with ASTM C 150, Type I, and polymer- based adhesive specified for base coat. 2. Factory-blended dry formulation of portland cement, dry polymer admixture, and fillers specified for base coat. 3. Factory-mixed formulation designed for adhesive attachment of insulation to substrates of type indicated, as recommended by system manufacturer. 4.Any formulation indicated above. F. Molded-Polystyrene Board Insulation: Comply with system manufacturer's requirements, ASTM C 578 for Type I, and "EIMA Guideline Specification for Expanded Polystyrene (EPS) Insulation Board" for more stringent requirements; size boards not more than 24 by 48 inches and in thickness indicated but not more than 4 inches or less than that allowed by ASTM PS 49. Reinforcing Mesh: Balanced, alkali-resistant, open-weave glass-fiber mesh treated for compatibility with other system materials, made from continuous multiend strands with retained mesh tensile strength of not less than 120 lbf/in, per EIMA 105.01, complying with ASTM D 578 and the following require- ments for minimum weight: 1. Standard Reinforcing Mesh: Not less than 4.0 oz./sq, yd. 2. Impact-Resistant Reinforcing Mesh: Not less than 20 oz./sq, yd 3. Strip Reinforcing Mesh: Not less than 3.75 oz./sq, yd. 4. Detail Reinforcing Mesh: Not less than 4 oz./sq, yd. 5. Comer Reinforcing Mesh: Not less than 7.2 oz./sq, yd. Base-Coat Materials: System manufacturer's standard mixture complying with the following require- ments: 1. Factory-mixed formulation of polymer-emulsion adhesive and inert fillers that is ready to use without adding other materials. 2. Factory-blended dry formulation of portland cement, dry polymer admixture, and inert fillers to which only water is added at Project site. EXTERIOR iNSULATION AND FINISH SYSTEMS - CLASS PB M:/Snapier/Spec 07241 - 2 J. K. L. M. N. O. 3. Job-combined formulation of manufacturer's standard polymer-emulsion adhesive and manufac- turer's standard dry mix containing portland cement. 4. Job-mixed formulation of portland cement complying with ASTM C 150, Type I, white or natural color; and manufacturer's standard polymer-emulsion adhesive designed for use indicated. 5. Any formulation indicated above. Primer: System manufacturer's standard factory-mixed elastomeric-polymer primer for preparing base- coat surface for application of finish coat. Base Coat for Horizontal Surfaces: Dryvit Dry-Flex waterproof base coat or equivalent. Finish-Coat Materials: System manufacturer's standard factory-mixed formulation of polymer-emulsion binder, colorfast mineral pigments, sound stone particles, and fillers. Finish Coat for Horizontal Surfaces: Dryvit "Weatherlast" exterior elastomeric architectural coating and waterproofing or equivalent. Water: Potable. Trim Accessories: Complying with ASTM C 1063; vinyl plastic. Elastomeric Sealants: Listed and recommended by system manufacturer; compatible with joint fillers, joint substrates, and other related materials; and comply with requirements in "EIMA Guide for Use of Sealants with Exterior Insulation and Finish Systems, Class PB" and in Division 7 Section "Joint Seal- ants" for products indicated below. Sealant color per Engineer's selections fi.om manufacturer's full range of standard colors. 1. Low-modulus silicone sealant. 1.3 A. EXECUTION Primer-Sealer: Apply over gypsum sheathing and over other substrates where required by system manufacturer for improving adhesion or for protecting substrates fi.om degradation. Comply with ASTM PS 49 and system manufacturers written instructions for installation of system. Apply trim accessories at perimeter of system, at expansion joints, and elsewhere, as indicated. Use drip screed at bottom edge of system and casing beads at other locations. Adhesively attach insulation by notched-trowel method to comply with ASTM PS 49 and system manu- facturer's written requirements. Locate joints so no piece of insulation is less than 12 inches wide or 6 inches high. Offset joints not less than 6 inches from comers of window and door openings. Offset joints of insulation not less than 6 inches from horizontal and 4 inches from vertical joints in sheathing. Interrupt insulation for expansion joints. Form joints for sealant application wide enough to produce joint widths indicated after encapsulating joint substrates with base coat and reinforcing mesh. Offset joints of insulation not less than 4 inches from aesthetic reveals. Install foam shapes attached to supporting substrate. Wrap exposed edges of insulation board with reinforcing mesh fully encapsulated in base coat and, except where edge is substrate for joint sealant, finish coat. Treat edges of insulation board at trim accessories by extending base coat, reinforcing mesh, and finish coat over face leg of accessories. Coordinate flashing installation with installation of insulation. EXTERIOR INSULATION AND FiNISH SYSTEMS - CLASS PB M:/Snapier/Spec 07241 - 3 Install expansion joints at locations indicated, where required by system manufacturer; where expansion joints are indicated in substrates behind ElliS; where EIFS adjoins dissimilar substrates, materials, and construction; where wall height changes; and at fl~ar ~ ~ .... ~*~"~ ..... ~ c ........ ,-.~.:-~ Apply base coat to exposed surfaces of insulation in minimum thickness recommended in writing by system manufacturer, but not less than 1/16-inch dry-coat thickness. Completely embed reinforcing mesh, applying additional base-coat material if necessary, so reinforcing- mesh color and pattern are not visible, in single or double layer application to comply with ASTM PS 49 and system manufacturer's written requirements. Do not apply second layer until first base coat layer has cured. Additional Reinforcing Mesh: Apply strip reinforcing mesh around openings extending 4 inches be- yond perimeter. Apply additional 9-by-12-inch strip reinforcing mesh diagonally at comers of openings (re-entrant comers). Apply 8-inch wide strip reinforcing mesh at both inside and outside comers, unless base layer of mesh is lapped not less than 4 inches on each side of comers. 1. At aesthetic reveals, apply strip reinforcing mesh not less than 8 inches wide. 2. Embed strip reinforcing mesh in base coat before applying first layer of reinforcing mesh. Shapes: Fully embed reinforcing mesh in base coat. Double Base-Coat Application: Where indicated, apply second base coat in the same manner and thick- ness as first application, except without reinforcing mesh. Do not apply until first base coat has cured. Apply finish coat over dry primer and base coat, maintaining a wet edge at all times for uniform appear- ance, in thickness required by system manufacturer to produce a uniform finish of color and texture matching approved sample. Installation of Joint Sealants: Prepare joints and apply sealants to comply with applicable requirements in Division 7 Section "Joint Sealants" and in "EIMA Guide for Use of Sealants with Exterior Insulation and Finish Systems, Class PB." Apply joint sealants after base coat has cured but before applying finish coat. END OF SECTION 07241 EXTERIOR INSULATION AND FINISH SYSTEMS - CLASS PB M:/Snapier/Spec 07241 - 4