HomeMy WebLinkAboutO-1999-2304
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ORDINANCE NO. 99- 2304 0 R , GIN A L
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT
BETWEEN THE CITY OF LA PORTE AND GALVESTON BAY
CONSTRUCTION, INC. FOR CONSTRUCTION OF SYLVAN BEACH
FISHING PIER STRUCTURAL REPAIR, FENCING REPAIR, &
SIGNAGE; APPROPRIATING $22,328.23 TO FUND SAID CONTRACT;
MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA
PORTE:
Section 1. The City Council hereby approves and authorizes the
contract, agreement, or other undertaking described in the title of this
ordinance, in substantially the form as shown in the document which is
attached hereto and incorporated herein by this reference. The City
Manager is hereby authorized to execute such document and all related
documents on behalf of the City of La Porte. The City Secretary is hereby
authorized to attest to all such signatures and to affIX the seal of the City
to all such documents. City Council appropriates the sum of $22,328.23
from Capital Improvement Fund 015 to fund said contract.
Section 2. The City Council officially finds, determines, recites,
and declares that a sufficient written notice of the date, hour, place and
subject of this meeting of the City Council was posted at a place
convenient to the public at the City Hall of the City for the time required
by law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been
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ORDINANCE NO. 99-2304
open to the public as required by law at all times during which this
ordinance and the subject matter thereof has been discussed, considered
and formally acted upon. The City Council further ratifies, approves and
confirms such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
PASSED AND APPROVED, this JanuaIy 11th, 1999.
CI~F LA PORrE .
~~
Mayor
By:
ArrEST:
~~t}4AllUL
City Secretary
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~J~~
~skins,
City Attorney
CITY OF LA PORTE
SYL VAN BEACH FISHING PIER STRUCTURAL REPAIR, FENCING REPAIR, & SIGNAGE
CLP PROJECT #98-5302
BID TABULATION
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Galveston Bay Construction, Inc. Yes Yes Yes 45 $21,228.23
Mid-Gulf Industrial, Inc. Yes Yes Yes 45 $27,344.00
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CITY OF LA PORTE
SYL VAN BEACH FISHING PIER STRUCTURAL REPAIR,
FENCING REPAIR, & SIGNAGE
CLP PROJECT #98-5302
Advertising:
The Bayshore Sun - December 13th and 20th, 1998
La Porte-Bayshore
Chamber of Commerce
Bid Notice Faxed
Marine, Inc.
1925 S.H. 146
Kemah, TX 77565
Padgett Shoreline Construction, Inc.
PO Box 165
Bayclift', TX 77518
Galveston Bay Construction, Inc.
PO Box 499
Stowell, TX 77661
Contractors That Picked Up Plans & Specifications
Galveston Bay Construction, Inc. Mike Shannahan
PO Box 499 281-470-1127
Stowell, TX 77661
Mid-Gulf Industrial, Inc.
PO Box 6140
Pasadena, TX 77506
L & W LaFour & Sons Construction Co.
Rout 10 Box 1472
Livngston, TX 77351
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City of La Porte
Established 1892
December 28, 1998
Supplement No. 1 to Invitation to Bidders
under Project No. 98-5302
To all prospective bidders under Project No. 98-5302 for Sylvan
Beach Fishing Pier Structural Repair, Fencing Repair and Signage,
for which bids are to be received by the City of La Porte at its office
at 604 West Fairmont Parkway, La Porte, Texas 77571 until 4:00
p.m., December 29, 1998.
The City of La Porte will supply any new Tek-Deck material required for this
project.
Bidders shall acknowledge receipt of this Supplement No. 1 on the submitted
BASE BID PROPOSAL.
By: 4z K Kne pper, P,E. .
City Engineer
rot). n.,X III i · L. P"rrl', Tl'X.I' ~7:;; 2.' i ! i .. t 71 ;j ~7l.;.:X'
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City of La Porte
Established 1892
December 28, 1998
Supplement No. 2 to Invitation to Bidders
under Project No. 98-5302
To all prospective bidders under Project No. 98-5302 for Sylvan
Beach Fishing Pier Structural Repair, Fencing Repair and Signage,
for which bids are to be received by the City of La Porte at its office
at 604 West Fainnont Parkway, La Porte, Texas 77571 until 4:00
p.m., December 29, 1998.
A Payment Bond will not be required for this project if the Total Base Bid is
less than $25,000.
Bidders shall acknowledge receipt of this Supplement NO.1 on the submitted
BASE BID PROPOSAL.
By:
*t~
City Engineer
('.t). nllX III; · 1...1"'rrl.', Tt'x:!, 77;72.111; · (il 'H;I':;\.'lt~
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SPECIFICATIONS
AND
CONTRACT DOCUMENTS
FOR
SYLVAN BEACH FISHING PIER
STRUCTURAL REPAIR, FENCING
REPAIR & SIGNAGE
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CITY OF LA PORTE, TEXAS.
DECEMBER 1998
CLP PROJECT NO. 98-5302
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CITY OF LA PORTE
SYLVAN BEACH FISHING PIER STRUCTURAL REPAIRS,
FENCING REPAIR & SIGNAGE
CLP Project No. 98-5204
TABLE OF CONTENTS
SECTION
NO. OF PAGES
NOTICE TO BIDDERS ..... .............. ....... ........ ........... ........... ............. ........................ ............... 1
SCOPE OF WORK. ........... .... ............. .................... .................................................................. 1
INSTRUCTIONS TO BIDDERS ...... ........... ..... ............... ...... ........... ........ .... ..................... ....... 5
BID PROPOSAL & SCHEDULE .............................................................................................4
AGREEMENT........................................................................................................................... 2
GENERAL CONDITIONS......... ............................................................................................. 42
SUPPLEMENTARY CONDITIONS .. ...................... ..................... ............. ............. ....... ....... 10
PREVAILING WAGE RATE DETERMINATION .................................................................... 4
PLANS....... ............. ...... ...................... ............... ....................................................................... 5
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NOTICE TO BIDDERS
1. Sealed bids, in duplicate, on the original forms, signed by an officer of the Company, and
addressed to Martha Gillett, City Secretary, City of La Porte, 604 W. Fainnont Parkway,
P.O. Box 1115, La Porte, Texas 77572-1115 will be received until 4:00 PM, December
22.-1998, for the construction of:
CITY OF LA PORTE
SYLVAN BEACH F1SHlNG PIER STRUCTURAL REPAIR,
FENCING REPAIR & SIGNAGE
CLP PROJECT NO. 98-5302
2. Interested contractors may obtain plans, specifications and necessary bidding information at
no cost from:
CITY OF LA PORTE
PLANNING DEPARTMENT
604 W. FAIRMONTPARKWAY
LA PORTE, TEXAS 77571
(281) 471-5020
3. Each PROPOSAL shall be accompanied by a cashier's check, certified check, or bid bond
from a surety company licensed in the State of Texas in an amount not less than five percent
(S %) of the total amount bid, as a guarantee that the successful bidder will enter into a
Contract and execute the Bond(s) if required, within ten (10) days after the receipt of the
Contract Documents.
4. The City of Porte hereby notifies all bidders that in regard to any Agreement entered into
pursuant to this advertisement, minority business enterprises will be afforded equal
opportunities to submit bids in response to this invitation and will not be discriminated
against on the grounds of race, color, sex, age, religion or national origin in consideration
for an award.
S. The Owners reserve the right to reject any and all bids and to waive informalities in
bidding. In case of ambiguity or lack of clearness in stating the prices in the bid, the Owner
reserves the right to consider the most advantageous construction thereof or to reject the
bid.
CITY OF LA PORTE .
MaI1ha ~4. a. .11 MlLfj;
City Secretary
Notice 1 of 1
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SCOPE OF WORK
CITY OF LA PORTE
SYLVAN BEACH FISHING PIER STRUCTURAL REPAIRS,
FENCING REPAIR & SIGNAGE
CLP Project No. 98-5204
Scope of Work
Contractor shall provide equipment, materials and workmanship to
repair damage to the Sylvan Beach Fishing Pier. Contractor shall
install four 12" butt by 30' piles with complementary beams as
shown on the accompanying Drawing 98-5302, sheets 1 and 2.
Contractor shall remove existing deck as required to install piles
and beams. Contractor shall remove and replace all damaged
guardrails, Tek Deck flooring, to specifications as shown on
Drawing 98-5302, sheet 4; to restore pier to its original condition.
Contractor shall remove and replace approximately 60' of 6' chain
link entrance fence, and two 6' x 7' gates. Contractor shall reinstall
wooden entrance sign (Spanish language) to match existing sign in
place at the pier.
Fence
Fence fabric shall be 9-gauge mesh, hot dipped galvanized, 6' in
height, with "twist-twist" weave, top and bottom.
Line Posts
Line Posts shall be standard one and seven-eighths (1 7/8") outside
diameter by eight feet (8') in length minimum, galvanized pipe with
permanent cast galvanized three strand barbed wire cap, post
installed in canaete.
Gates
Contractor shall provide one (1) each 6' x 7' (six foot by seven foot)
high latching gate and one (1) ea. pin/socket gate, with associated
hardware, including three strand barbed wire to match fence. Gate
is to be fabricated from 2" Schedule 40 galvanized steel pipe; with
joints welded, then hot dipped galvanized prior to installation. Gate
fabric shall be 9 gauge mesh, hot dipped galvanized.
Sian
Sign shall be provided; contractor to mount in treated 4' by 4' frame
to match existing sign; and mounted in canaete, in location to be
sited by City of La Porte representative.
A Payment Bond shall be required for this project.
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INSTRUCTIONS TO BIDDERS
RECEIPT AND OPENING OF BIDS
The City of La Porte (herein called "Owner"), invites bids on the form attached hereto, all
blanks of which must be appropriately filled in. Bids will be received by the Owner at the
office of the City Secretary, until the time and date indicated within the NOTICE TO
BIDDERS, and then at said office publicly opened and read aloud. The envelopes
containing the bids must be sealed and addressed to Martha Gillett, City Secretary at
P.O. Box 1115, 604 W. Fairmont Parkway, La Porte, Texas 71571.
The Owner may consider informal any bid not prepared and submitted in accordance with
the provisions hereof and may waive any informalities or reject any and all bids. Any bid
may be withdrawn prior to the above scheduled time for the opening of bids or authorized
postponement thereof. Any bid received after the time and date specified shall DOt be
considered. No bidder may withdraw a bid within thirty (30) days after the actual date of
the opening thereof.
PREPARATION OF BID
Each bid must be submitted on the prescribed form. All blank spaces for bid prices must be
fIlled in, in ink or typewritten, in both words and figures, and must be fully completed and
executed when submitted.
Each bid must be submitted in duplicate in a sealed envelope bearing on the outside the
name of the bidder, his address, and the name of the project for which the bid is submitted.
If forwarded by mail, the sealed envelope containing the bid must be enclosed in another
envelope, address as specified in the bid form.
SUBCONTRACTS
The bidder is specifically advised that any person, firm, or other party to whom it is
proposed to award a subcontract under this contract must be acceptable to the Owner.
Bidders may not subcontract more than fifty percent (50%) of the work.
TELEGRAPIDC MODIFICATION
Any bidder may modify his bid by telegraphic communication at any time prior to the
scheduled closing time for receipt of bids, provided such telegraphic communication is
received by the Owner prior to the closing time and, provided further, the Owner is
laslnacaiODS I or 5
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satisfied that a written confirmation of the telegraphic modification of the bidder was mailed
prior to the closing time. The telegraphic communication should not reveal the bid price
but should provide the addition or subtraction or other modification so that the final prices
or terms will not be known by the Owner until the sealed bid is opened. If written
confirmation is not received within two (2) days from the closing time, no consideration
will be given to the telegraphic modification.
METHOD OF BIDDING
The Owner invites the following type of bid: Unit Price Bid
QUALIFICATIONS OF BIDDER
The Owner may make such investigations as he deems necessary to determine the ability of
the bidder to perform the work, and the bidder shall furnish to the Owner all such
information and data for this purpose as the Owner may request. The Owner reserves the
right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to
satisfy the Owner that such bidder is properly qualified to carry out the obligations of the
contract and to complete the work contemplated therein. Conditional bids will not be
accepted.
BID SECURITY
Each bid must be accompanied by a cashier's check, a certified check of the bidder, or a
bid bond prepared, duly executed on the form enclosed herein by the bidder as principal and
having as surety thereon a surety company approved by the Owner, in the amount of five
percent (5 %) of the bid. Such checks or bid bonds will be returned to all except the three
(3) lowest bidders within three (3) days after the opening of bids, and the remaining checks
or bid bonds will be returned promptly after the Owner and the accepted bidder have
executed the contract, or, if no award has been made within thirty (30) days after the date
of the opening of bids, upon demand of the bidder at any time thereafter, so long as he bas
not been notified of the acceptance of his bid.
LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONI'RACf
The successful bidder, upon his failure or refusal to execute and deliver the contract and
bonds required within ten (10) days after he has received notice of the acceptance of his bid,
shall forfeit to the Owner, as liquidated damages for such failure or refusal, the security
deposited with his bid.
1DsanaioDI2 or 5
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TIME OF COMPLETION AND LIQUIDATED DAMAGES
Time is of the essence in this project and the contractor must diligently pursue the
construction of the work so as to offer it for final acceptance by the Owner within the time
limit specified in the proposal. Liquidated damages of $100.00 per day shall be chargeable
for each day the work remains incomplete past the sta~ time limit.
CONDmONS OF WORK
Each bidder must inform himself fully of the conditions relating to the construction of the
project and the employment of labor thereon. Failure to do so will not relieve a successful
bidder of his obligation to furnish all material and labor necessary to carry out the
provisions of his contract. Insofar as possible the contractor, in carrying out his work, must
employ such methods or means as will not cause any interruption of or interference with the
work of any other contractor.
ADDENDA AND INTERPRlITATIONS
No interpretation of the meaning of the plans, specifications or other pre-bid documents will
be made to any bidder orally. Every request for such interpretation should be in writing
addressed to "City of La Porte, Attn: Planning Department, P.O. Box 1115, La Porte,
Tex. 77572-1115" and to be given consideration must be received at least five (5) days
prior to the date fixed from the opening of bids. Any and all such interpretations or any
supplemental instructions will be in the form of written addenda to the specifications which,
if issued, will be mailed by certified mail with return receipt requested to all prospective
bidders (at the respective addresses furnished for such purposes), not later than three (3)
days prior to the date fixed for the opening of bids. Failure of any bidder to receive any
such addendum or interpretation shall not relieve such bidder from any obligation under his
bid as submitted. All addenda so issued shall become part of the contract documents.
CONTRACfSECURITY
The Contractor shall be required to furnish a payment bond, executed on the forms enclosed
herein, in an amount at least equal to one hundred percent (100%) of the total contract
price, as security for the payment of all persons performing labor or furnishing materials
and equipment on the project. With the AIWPIlC2 of a PerfOI'llUlDCe Bond the Owner will
not make ~ Payments. One lump 5IDD ~ will be made to contractor at
the ftlIIlJ)lmon of the p~jed.
IDmuc:dous 3 of S
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NanCE OF SUPPLEMENTAL GENERAL CONDmONS AND SPECIAL CONDmONS
Attention is particularly called to those parts of the contract documents and specifications
which deal with the following:
a. Survey, Permits and Regulations
b. Protection of Work and Property
c. Time of Completion and Liquidated Damages
d. Subsurface Conditions Found Different
e. Insurance
f. Separate Contract
g. Subcontracting
h. Photographs of the Project
LAWS AND REGULATIONS
The bidder's attention is directed to the fact that all applicable State laws, municipal
ordinances, and the rules and regulations of all authorities having jurisdiction over
construction of the project shall apply to the contract throughout, and they will be deemed
to be included in the contract the same as though herein written out in full.
METHOD OF AWARD - LOWEST QUALIFIED BIDDERS
If at the time this contract is to be awarded, the lowest base bid submitted by a responsible
bidder does not exceed the amount of funds then estimated by the Owner as available to
fInance the contract, the contract will be awarded on the base bid only. If such bid exceeds
such amount, the Owner may reject all bids.
The Owner further reserves the right to award the contract based on an adjusted base bid,
which shall consist of any combination of alternate bid items and bid items included in the
base bid.
OBliGATION OF BIDDER
At the time of the opening of bids each bidder will be presumed to have inspected the site
and to have read and to be thoroughly familiar with the plans and contract documents
(including all addenda). The failure or omission of any bidder to examine any form,
instrument or document shall ~ 110 way relieve any bidder from any obligation in respect to
his bid.
IDsbuclioDs 4 of 5
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SAFElY STANDARDS AND ACCIDENT PREVENTION
With respect to all work performed under this contract, the Contractor shall:
(1) Comply with the safety standards provisions of applicable laws, building and
construction codes and the "Manual of Accident Prevention in Construction"
published by the Associated General Contractors of America, and the requirements
of the Occupational Safety and Health Act of 1970 (Public Law 91-596).
(2) Exercise every precaution at all times for the prevention of accidents and the
protection of persons (including employees) and property.
(3) Maintain at his office or other well known place at the job site, all articles necessary
for giving first aid to the injured, and shall make standing arrangements for the
immediate removal to a hospital or a doctor's care of persons (including
employees), who may be injured on the job site. In no case shall employees be
permitted to work. at a job site before the employer has made a standing
arrangement for removal of injured persons to a hospital or a doctor's care.
IDsIIudioDs S of S
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BID PROPOSAL FOR UNIT PRICE CONTRAC'(
J () - All.. ~
PropCJsa1 of.eJ.wdi.... ~ \h.~ <f;e;einafter called "Bidder")" a :fIllG.
corporation, organized and existing under the laws of the Slate or--il~ ,* a partnership, or an individual doing
business as to the City of La Porte, Texas (hereinafter called "Owner").
Ladies and Gentlemen:
The Bidder, in compliance with your invitation for bids for the construction of SYLVAN BEACH FISHING
PIER REPAIR per plans and specifications prepared by the City of La Porte, and having examined the plans and
specifications with related documents and the site of the proposed work, and being familiar with all of the conditions
surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes
to furnish all labor, materials and supplies and to construct the project in accordance with the contract documents,
within the time set forth therein, and at the prices stated in the attached Bid Schedule. These prices are to cover all
expenses incurred in performing the work required under the contract documents, of which this proposal is a part.
Bidder hereby agrees to commence work under this contract on a date to be specified in written "Notice to
Proceed" of the Owner and to fully complete the project within 45 consecutive calendar days thereafter
as stipulated in the specifIcations. Bidder further agrees to pay as liquidated damages, the sum of $100.00 for each
consecutive calendar day thereafter as provided in Paragraph SC-6 of the Supplementary Conditions of the
Agreement.
Bidder acknowledges receipt of the following addendum: It l ,. tt '2-
DATE:~
PnlpoIall or J
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BASE BID PROPOSAL
BASE PROPOSAL: Bidder agrees to perform all of the work shown on the ~apf:J.~~escribed in the
specifications for the sum o~-;:r&...c.. -t'ha.....~ M._ ~- ~ ~ Woo tlortaii ($~ /.2 2R. .2 3l.
(Amount shall be shown in words and figures. In case , the amount shown in words will
govern.)
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in
the bidding.
The bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar
days after the scheduled closing time for receiving bids.
Upon receipt of written notice of the acceptance of this bid, bidders will execute the formal contract attached
within ten (10) days and deliver a Surety Bond or Bonds as ~uired by the General Conditions. The bid sec~ty
attached in the sum of _~ ~,~ ~ 01- ~~ ccJ4 ($ 10 L,' . ~) is to become the property
of the Owner in the event the contract andO},;;'nds arc no c ut.cd within the time above set forth, as liquidated
damages for the delay and additional expense to the Owner caused thereby. .
Respectfully submitted :
By:J\I\~ .1liDf'n4on..
(A izcd Person)
(Typed or written}
(SEAL)
(Signa
~f~~'~lp~
(Tide)
'(J\) ~ l\~~
(Business Address)
~\AMll ~~ 11~
(City) (State) (Zip Code)
4\)'\ ~'::>~- Od-.\S
(felephone Number)
PIvpoal1 of 3
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STATEMENT OF MATERIALS AND OTHER CHARGES
MATERIALS INCORPORATED INTO THE PROJECf:
$ :3.QoQ.Cl5
$ , 1, 3 J~ . ~~
$ ~ I J Z Z ~ . a..~
ALL OTHER CHARGES:
TOTAL:
This total must agree with the total -Total Amount Bid- figure shown on the bid sheet.
For purposes of complying with the Texas Tax Code, the Contractor agrees that the charges for any material
incorporated into the project in excess of the cstimated quantity provided for herein will be no less than the invoice
price for such material to the Contractor.
\~~y
PIoposa13 of 3
BID SCHEDULE
DESCRIPTION: SYLVAN BEACH FISHING PIER REPAIR
PRn n::~T NIIMRFR' QR-~~n' -
~.M I DESCRIPTION I UNIT ~STlMATED UNIT PRICE (WORDS) UNIT PRICE TOTAL
QUANTITIE (NUMBERS) ~
S
BASE BID e.
- - -
1 Install Wood Piles Per EACH 4 ~
Specifications It \\0 ~
I L ~CS - _dollars an -$ G ~&t) Co~
, cent
'-'
- - -
2 Remove And Replace i Lump 1 .uJ) w.J ~
Damaged Pier Materials sum ~"ars an $ l'DJ J 45. 4S
..u..e..;J cent
- - -
3 Install 6' X 7' Gates EACH 2 ~
. "5~1 .L-dollars an .\ J ?J 10 . q 4
~ cent - -
-
4 Construct Frame And Install Lump 1 ~
Sign To Match Existing Sum _dollars an e
: IObO'~"'" cent '1000 ~
- - -
5 Remove And Install Fencing LF 60 ~
S'l _dollars anl
33 Li..u> cent: lJo ".~a
- -
TOTAL BASE BID .$ B. ,),3
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AGREEMENT
CLP Project No 98-5204
THIS AGREEMENT, made this 11th day of January ,1999 by
and between the CITY OF LA PORTE, hereinafter called "Owner", acting herein
through its CITY MANAGER and Galveston Bay Construction, Inc.
(Name of Contracting Firm)
Strike out inapplicable terms: (a corporation) (3 partnership) or (an indi~Jidual
doing business as:) of Stowell , County of Chambers. and State of
Texas, hereinafter called "Contractor."
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by the OWNER,
the CONTRACTOR hereby agrees with the OWNER to commence and complete
the construction described as follows:
SYLVAN BEACH FISHING PIER STRUCTURAL REPAIR,
FENCING REPAIR & SIGNAGE
CLP PROJECT NO. 98-5302
hereinafter called the project, for the Total Price of
Twentv-One- Thousand Two-Hundred Twentv-Eiaht and 23/00 Dollars
($21.228.23 ) and all extra work in connection therewith, under the terms
as stated in the General and Supplementary Conditions of the Contract; and
Further, that the CONTRACTOR agrees, at his (its or their) own proper
cost and expense, to fumish all the materials, supplies, machinery, equipment,
tools, superintendence, labor, insurance, and other accessories and services
necessary to complete the said project in accordance with:
A. The terms and conditions stated in the Proposal and in the General
Conditions, and Supplementary Conditions of this Contract; Scope of Work
B. The plans, which include all maps, plats, blue prints, and other
drawings and printed or written explanatory matter thereof; and
C. The Specifications and other contract documents therefore, as
prepared by the City of La Porte, all of which are made a part hereof and
collectively evidence and constitute the contract.
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The CONTRACTOR hereby agrees to commence work under this contract on or
before a date to be specified in a written "Notice to Proceed" of the Owner and to
fully complete the project within 45 calendar days thereafter.
The CONTRACTOR further agrees to pay, as liquidated damages, the
sum of J100 for each consecutive calendar day thereafter as hereinafter
provided in Paragraph SC-6 of the Supplementary Conditions.
IN WITNESS WHEREOF, the parties to these present have executed this
contract, each of which shall be deemed an original, in the year and day first
above mentioned.
City of La Porte
Name of Owner
SEAL
By: ~~~ T. \~
Robert T. Herrera
Attest:
B~OJ.tJl)" fJ. JlJilIf!
. Martha Gillett
City Manager
Title
City Secretary
Title
SEAL
By:
G'/w-:, n;y /3~ ~S7,
;/~PL-;-
Signature of Authorized Person
lZ<1.
Title of Authorized Person
~X </f9 STtP~/-# /.k"
Address and Zip Code ? /~ /
{)~ar-~
Witness
Approved as to Form:
Y1.
City Attorney
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IN WITNESS WHEREOF. the said Principal and Surety have signed and sealed this
instrument this day of . 1999.
Principal
Surety
By:
By:
Title:
Title:
Address:
Address:
The name and address of the Resident Agent of Surety is:
Paymcut Bond 2 of2
This document has imP.t legal consequences: consultation with_attorney is encourag~d with
respect to its completio modification. .
.
STANDARD
GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
Prepared by
Eneineers Joint Contract Documents Committee
-
and
Issued and Published Jointly By
)
PROFESSIONAL ENGINEERS IN PRIVATE PRACfICE
A practice di1lision of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
AMER1CA~ CONSULTING ENGINEERS COUNCIL
AMERlC.~'l SOCIETY OF CIVIL ENGINEERS
CONSTRUCTION SPECIFICATIONS INSTITUTE
This document has been approved and endorsed by
The Associated General
Contractors of America
)
..'
These General Conditions have been prepared for use with the Owner-Contnu:tor Agreements (No. 1910-8-A-l or
1910-8-A-2) (1990 Editions). Their provisions are interrelated and a change in one may necessiwe a change in the
others. Comments concerning their usage are contained in the Commentary on Agreements for Engineering
Services and Contract Documents (No. 1910-9) (1986 Edition). For guidance in the preparation of Supplementary
Conditions. see Guide to the Preparation of Supplementary Conditions (No. 1910-17) (1990 Edition). When
bidding is involved, the Standard Form of Instructions to Bidders (No. 1910-12) (1990 Edition) may be used.
~
EICCC No. 1910-8 (1990 Editioa)
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C 1990 National Society of Professional Engineers
1420 King Street, Alexandria, VA 21314
American Consulting Engineers Counal
1015 15th Street, N.W., Washington, DC 20005
American Society of Civll Engineers
345 East 47th Street. New York. NY 1001;
Consb'UClion Specifications Institute
601 Madison SL, Alexandria, VA 22314
. e
TABLE OF CONTE!liTS OF GENERAL CONDITIONS
8nick 0" Paragraph
Numb~,. & 7il1~
I. DEFlNmONS ...................................
Addenda ......... ........ ............
A~ent ...........................
ApplicWon for Payment .... . . . ... . . . .
Asbestos .............................
Bid..................... ..............
Bidding Doc:uments ...................
Bidding Requirements .. . .. .. ... . ... . .
Bonds .................... ............
Change Order .. .. .. .. .. .. . .... .. . .. ..
Contract Doc:umcnts ..... .............
Contract Price ........................
Contract Tunes .......................
CON'I'RACI'OR ......................
d~f~ctiv~ ..... .,.................... .. .
Drawings.......:................... ..
Effective Dare of the Agreement . . . . . .
ENGINEER............. ....... ......
ENGINEER's Consultant .............
Field Order ...........................
General Requirements ..... .. .. .. .. .. .
Hazardous Waste .....................
Laws and ReguJaDons; Laws or
~ons ........................
1.23 LJens .................................
1.24 Milestone .............................
1.25 Notice of Award ......................
1.26 Notice to Proceed .. . .. .. . ..... .. .. . ..
1.27 OWNER................. ............
1.28 Partia1 Utilization .....................
1.29 PCBs .................................
1.30 PetrOlcum ........... .. .. .. .. .. .. .. .. .
1.31 ~jcct ...............................
1.32 Radioaaive Material ..................
1.33 Resident Project Rcpn:scncaDve .......
~~ ~ples ..............................
. 1.35 Shop Drawings .... .. . ... .. .... .. .. .. .
1.36 Spc:cifications .........................
1.37 SubcontradOr . ... .. ... .... .... .. ... ..
1.38 Substantial Completion .. ........ ... ..
1.39 Supplementary Conditions ............
1.40 Su~6er ..............................
1.41 Underground Paci1ities ..............:.
1.42 Unit Price Work ......................
1.43 Work .................................
1.44 Work Change Directive ...............
1.45 Written Amendment ..... .............
2. PRELIMlNARY MA'I1"ERS ......................
2.1 Delivery of' Bonds .... .. ...... .. .... ..
U Copies ofDoc:umcnts .................
2.3 Commenc:emc:Dt of ConU3Ct Tunes:
Notice to Proceed ..................
StaniDg the Work .....................
1.1
1.2
1.3
1.4
1-'
1.6
1.7
1.8
1.9
1.10
1.11
1.12
1.13
1.14
1.15
1.16
1.17
1.18
1.19
1.20
1.21
1.22
)
'-:)
2.4
Pag~
,vu"..b~r
13
13
13
13
13
13
13
13
13
13
13
13
13
13
13
13
13
13
13
13
14
14
AnicI~ 0,. Paragraph Pag~
Numb~,. & Title Numb~,.
2.5-2.1 Before Sraning Construction:
CONTRACIOR's Responsibility to
Report: Preliminary Schedules:
Delivery of Certificates of
Insurance ....................... .. . IS
2.8 J\lreconstruaion Conference ........... 15
2.9 Initially Acceptable Schedules ......... 16
3. CONTRACT DOCUMENTS: INTENT.
AMENDING, REUSE ......... ............. ...... 16
3.1-3.2 Intent ................................ 16
3.3 Reference to Standards and
Spccificalions ofTcchniCll Societies;
Reponing and Resolving
Disc:repancies ...................... 16
3.4 Intent of Cert:lin Tenns or Adjectives.. Ii
3.5 Amending Contract Documents ....... Ii
3.6 Supplementing Contnet Documents ... Ii
3.1 Reuse of Documents .................. Ii
14
14
14
14
14
14
14
14
14
14
14
14
14
14
14
14
14
14
14
14
14
IS
IS
15
IS
15
IS
4. AVAILABILITY OF L".NDS; SUBSURFACE AND
PHYSICAL CONDmONS; REFERENCE POINTS .
4.1 Avaalability of Lands ..................
4.1 Subsurface and Physical Conditions . . .
4.2.1 Reports and Drawings .............. . .
4.2.2 Limited Reliance by CONTRACTOR
Authorized; Technical Data .........
4.2.3 Notice of Differing Subswface or
Physical Conditions.................
4.2.4 ENGINEER's Review ................
4.2.5 Possible Cona-act Documents Change .
4.2.6 Possible Price and Times AdjustmentS .
4.3 Physical Conditions-Underground
F3ci6ties ...........................
4.3.1 Shown orIndicated ...................
4.3.2 Not Shown or IndiC11ed ........ .. .. ..
4.4 Reference Points ......................
4.5 Asbestos. PCBs. Petroleum. Haz31'dous
Waste or Radioactive Material .. . . . .
15
15
S. BONDS AND INSURANCE .....................
5.1-5.2 Ferformanc:c, PaymCDt and Other ~onds .
5.3 Licensed Sureties and Insurers;
Cenilicates ofIDSW2Dce ............
5.4 CONTRACTOR's Liability Insurance .
5.5 OWNER's Liability lasurance ........
5.6 Propcny Insurance ...................
5.7 Boiler and Machinery or Additional
Propcny IDSUnUlce .................
5.8 Notice of CaaceDatioa Provisions .... .
5.9 CONTRACTOR's Responsibility for
DeducDble Amounts ................
5.10 Other Special IDSUnUlCC ...............
5.11 Waiver of Rigllls ......................
17
17
Ii
17
18
18
18
18
18
18
18
19
19
19
20
20
20
20
21
21
21
21
22
22
22
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Article or Paragraph Pag~
Numb~r & Title Number
S.12-S.l3 Rec=ipt and Applicuion oflnsurance
Proceeds ........................... ~
S.14 Acccprance of Bonds :md InsUtanc::;
Option to Replace .. .. .. .. . . .. . . .. . 22
5.15 Partial Utilization-Property
Insurance ............ . .. .. .. .. .. . .. !3
6. CONTRACI'OR'S RESPONSIBIUTIES ..........
6.1-6.2 Supervision and Superintendence ......
6.3-6.5 Labor, Materials and Equipment . . . . ..
6.6 Progress Schedule, ....................
6.7 Substitutes and "Or-Equal'. Items:
CONTRACTOR's Expense;
Substitute Construction
Methods or Procedures;
ENGINEER's Evaluation ..........
6.8-6.1 1 Concerning S!1Ixontractors, Suppliers
and Others; Waiver of Rights . . . . . . .
6.12 Patent Fees and Royalties .............
6.13 ~ts ...............................
6.14 Laws and Regulations ................
6.15 Taxes .............. . .. .. . .. .. . .. .. . ..
6.16 Use of Premises ......................
6.1; Site Cleanliness .......................
6.18 Safe StructW'3J LOAdipg ...............
6.19 Record Documents ..... . .. .. .. . .. .. ..
6.20 Safety and Protection ...............:.
6.2 1 Safety Representative .................
6.22 Hazard Communication Programs .....
6.23 E:n~cies ..........................
6.24 Shop Drawings and Samples ..........
6.!S Submiaal Procedures;
CONTRACI'OR's Review Prior to
Shop Drawing or Sample Submiaal .
6.26 Shop Drawing & Sample Submiaals
Review by ENGINEER ............
6.!7 Responsibility for Variation From
ContnlCt Documents................
6.28 Related Work Performed Prior to
ENGINEER's Review and Approval
of Rcquired Submittals .. . .. .. ... . ..
6.29 'Continuing the Work ..................
6.30 CONTRACTOR's Gene:aJ
Warranty and Guarantee ............
6.3 1-6.33 Indemnification.......................
6.34 Survival of Obligations ................
7. OTHER WORK...... .... ........................
;.1-7.3 Related Work at Site ..................
;.4 Coordination
8. OWNER'S RESPONSIBILITIES ................. 29
8.] Communications to ConD'aCtOr ........ 29
8.2 Rep1aa:mcnt of ENGINEER .......... 29
8.3 Furnish Data and Pay Prompdy When
[)ue ................................ 29
8.~ l..3nds and Easements: Reports and
Tcsts ......... .....~................ 29
8.5 Insurance ............................. 29
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13
Article or Paragraph Page
Number & Title Number
8.6 Change Orders ............ .. .. . .. .. .. :!9
8.7 Inspcc:tions. Tests and Approvals ...... 29
8.8 Stop or Suspend Work: TcrmiDa.Ie
CONTRACTOR's Services ......... :!.9
8.9 Limitations.OD OWNER.s
~~1bi6Ucs ..................... 30
8.10 Asbestos, PCBs. Petroleum, Hazardous
Waste or Ra.dioac:tivc Material . . .. . . 30
8.11 EvidCDCC of F"mancial AmDgemcrus .. 30
9. ENGINEER'S STATUS DURING
CONS'I'RUcnON ............................... 30
9.1 OWNER's Rcprcscntative ............ 30
9.2 VISits to Site .......................... 30
9.3 Project Representative ................ 30
9.4 CJarifications and Interpretations .. .. .. 30
9.5 Authorized Variations in Work ...... . . 30
9.6 Rcjcding [)cfcaive Work ............. 30
9.7-9.9 Shop 'Drawings. Change Orders and
P.a~ts .......................... 31
9.10 Determinations for Unit Prices ........ 31
9.11-9.12 Decisions on Disputes; ENGINEER as
Initial Interpreter ................... 3 I
9.13 Limitations on ENGINEER's
Authority and Rcsponst1biJitics . . . . . . 3 I
23
24
2S
2S
2S
2S
26
26
26
26
26
26
'Z7
11
27
10. CHANGES IN THE WORK..................... 32
10.] OWNER Ordered Change ............ 32
10.2 "Qaim for Adjustment ................. 32
10.3 Work Not Required by Contract
~CDts ......................... 32
10.4 Change Orders
10.5 Notification of Surety ................. 32
11. CHA~GE OF CONTRACT PRICE .............. 32
11.1-11.3 Contrac:.t Price; Oaim for AdjustmCDt;
Value of the Work .................. 32
11.4 Cost or the Work ............. ... ..... 33
11.5 Exclusions to Cost of the Work ....... 34
11.6 CONl'RACIOR's Fe: ................ 34
11.7 Cost Rccords ................. ........ 34
1 1.8 Cash Allowances ..... .. . .. .. .. . .. . .. . 3S
11.9 Unit Price Work ...................... 35
12. CHANGE OF CONTRACT TIMES .............. 35
]2.1 Claim for Adjustment ...... ~ .. .. .. .. .. 35
12.2 llDlC of the Essence .................. 35
12.3 Delays Beyond CONTRACTOR's
C:o~1 ............................ 3S
27
11
T1
'Z7
28
~
28
28
29
29
12.4 Delays Beyond OWNER's and
CONTRACTOR's Control.......... 35
13. TESTS AND INSPECTIONS; CORREcrION.
REMOVAL OR ACCEPTANCE OF DEFECI1VE
VV()~ ..........................................
36
36
36
36
13.1 Notice of [)cfccts .....................
13.2 Ac:ccss to the Work ...................
13.3 Tests and Inspcc:tions; ConU'adOf.s
~n ........................
2
e
Arrick or Paragraph
NllIIIinr & Till,
13.4 OWNER's Responsibilities:
Independent Testing Laboratory
13.5 CONTRACTOR's Responsibilities .....
13.6-13.7 CoveringWork Prior to Inspection.
Tesdng or Approval ... . .. .. .. .. .. ..
13.8-13.9 Uncovering Work at ENCiINEER's
~ ............................
OWNER May Stop the: Work .........
Correction or Removal 0( Defective
.
13.10
13.11
Work ............................... n
13.12 Correction Period .....................
13.13 Ac:c:epcmce of Defective Work ........
13.14 OWNER May CoITCCt Def'c:ctive
Work.......... .....................
14. PAYMENTS TO CONTRACTOR AND
COMPLETION ....~............................
14.1
14.2
14.3
14.4-14.7
14.8-14.9
14.10
14.11
1
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Sch~ule of Values ....................
Applicuion for PrOgress Payment ... . .
CONTRACTOR's Wamnty or Tide ...
Review of Applications for
Progress Payments .................
Substancial Completion .. . .. .. .. . ... ..
Partial Utilization .....................
Final Inspection . . . . .. . . .. .. . . . . . .. . . .
Pag,
Numb"
36
36
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Arrick or ParagrtJPh Pag,
Numb" & Till, Numb"
14.12 Final Application for Payment ......... ~
14.13-14.14 Final Payment and Acceptance ........ 40
14.15 Waiver of Claims ..................... ~
15. SUSPENSION OF WORK AND
TERMINAnON .. .. .. . .. .. . .. .. .. .. .. . . . .. .. . .. 40
15.1 OWNER. May Suspend Work ......... 40
15.2-IS.4 OWNER May Terminate .............. 40
IS.5 CONTRACTOR May Stop Work or
T~nale .......................... 41
36
36
36
37
16. DISPUTE RESOLUTION ....................... 41
37
17. MISCELLANEOUS.................... ......... 42
17.1 Ciiving Notice ........................ 42
17.2 Computation of Tunes ................ 42
17.3 Notice of Claim .. .. . .. . .. .. .. .. .. .. .. . 42
17.4 CumulaUve Remedies ................. 42
17.5 Professional Fees :Uld Court Costs
Includc:c! . .. .. .. .. . . . . . . . . . . .. .. .. .. 42
31
37
38
38
. :
38
39
39
39
EXHIBIT CiC.A (Optional):
Dispute Resolution Agr=ment (Optional) ..... CiC.A 1
16.1-16.6 Arbitration.................... CiC.AI
16.7 Mediation ..................... CiC.A;!
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INDEX TO GENERAL CONDmONS
Anicle or PtlTcgrcph
Number
Acceptance of-
Bonds and Insurance ................................ 5.14
defective Work ....................... 10.4.1. 13.13. 13.15
final payment................................. 9.12. 14.15 .
insurance ........................................... 5.14
other Work. by CONTRAcroR ...................... 7.3
SubstiwleS and "Or-Equal" Items .................. 6.7.1
Work by OWNER ..... .... .... ........ ...2.5.6.30,6.34
Access to the-
Lands. OWNER and CONTRACTOR
responsibilities .... . . . . . .. . . . . .. .. .. . . .. .. .. . .. .. .. . 4.1
site. rela1ed work .................................... 7:1.
Work, .................................. 13.2, 13.14, 14.9
Acts or Omissions-. Acts and Omissions-
CONTRACTOR ..........~................. 6.9.1.9.13.3
ENGINEER ........... ............. ........6:1.0,9.13.3 .
OWNER ...............................:....... 6.20. 8.9
Addenda-detinition of (also see
definition of SpecifiCltions) ........... (1.6. 1.10. 6.19) 1.1
Additional Property Insuranc:s ......................... 5.7
Adjustments
ConU'aCt Price or Contract
Tunes ......... 1.5. 3.5. 4.1. 4.3.2. 4.5.2. 4.5.3. 9.4. 9.5.
10.2-10.4. II. 12. 14.8. IS.I
progress schedule .................................... 6.6
Agreement-
definition of .......................................... 1.2
i\11 risk Insurance. policy form ........................ 5.6.2
Allowances. C:1sh ...................................... 11.8
Amending Contract Documents ......................... 3.5
Amendment. Written-
in general .... 1.10. 1.45, 3.5. 5.10. 5.12, 6.6.2. 6.8.2. 6.19.
JO.I. JO.4. 11:1..12.1. 13.12.2. 14.7:1.
Appeal. OWNER or CONTRACTOR
intenno ......................9.10.9.11.10.4.16.2. 16.5
Application for P:l.yment-
definition of .......................................... 1.3
ENGINEER's Responsibility ......................... 9.9
final payment .................. 9.13.4. 9.13.5, J4.12-14.15
in genCQ) ....................... 2.8. 2.9. 5.6.4. 9.10. 15.5
progress payment.............................. J4.1. J4.7
reviewof ......................................14.4-14.7
Arbiuation (Optional) ............................. 16.1- J 6.6
Asbestos-
claims pursuant thereto....................... 4.5.2. 4.5.3
CONTRACTOR authorized to stop Work ........... 4.5.2
definition of .......................................... J.4
OWNER responsibility for .................... 4.5.1. 8.10
possible price and times change. .................... 4.5.2
Authorized Variations in Work .......~... 3.6, 6.25. 6.!7. 9.5
Av:Wabality of Lands ............................... 4.1. 8.4
A ward. Notice of-<fetined ............................ J.25
Before Slarting ConstrUction ........................ 2.5-2.8
Bid--dcfinition of ...................................... J.5
(J .1. 1.10. 2.3. 3.3, 4.2.6.4. 6.13. 11.4.3. 11.9.1)
"
Article Dr PtlTcgrtlph
Number
Bidding Oocuments-detinition of ................ 1.6 (6.8.2)
Bidding R.equiremen[S--definitions of ...... 1.7 (1.1. 4.2.6:1.)
Bonds-
acceptance of ........................... ............5.14
additional bonds .. .. .. .. .. . .. . .. . .. .. .. .... 10.5. 11.4.5.9
Cost of me Work .................... .............. 11.5.4
detinition of .......................................... 1.8
delivery of ...... ................................2.1.5.1
final application for payment .. . . . . . . . . . . . . . .. 14.12-14.14
gener.d ...............1.10.5.1-5.3.5.13.9.13.10.5.14.7.6
performance. Payment and Other .................5.1-5.2
Bonds and Insurance-in general ......................... 5
Builder's risk "all risk'. policy form...... ............. 5.6.2
Cancellation Provisions. Insurance ........ 5.4.11.. 5.8, 5.15
Cash Allowances ...................................... 11.8
Certificate of Substantial Completion......... 1.38. 6.30.2..3.
14.8. 14.10
Certitic:ales of Inspection' ................ 9.13.4, 13.5. 14.12
Certificates ofInsuranc:e .. 2.7. 5.3, 5.4.11, 5.4.13, 5.6.5. 5.8.
.. . . ...... .. .. . ..... ... ....... .... .. ... 5.14, 9.13.4. 14.12
Change in ConU3Ct Price-
Cash Allowances .. . .. . .. . .. . .. . .. .. .. .. .. . .. .. .. ... 11.8
claim for price adjusuoent ..... 4.1. 4.2.6, 4.5. 5.15. 6.8.2.
9.4.9.5.9.11. 10.2.. 10.5. 11.2, 13.9.
13.13. 13.14. 15.1. 15.5
CONTRACIOR's fee........ ........... ............ 1 J.6
Cost of the Work
general ...................................... 11.4-11.7
Exclusions to ......................... _. .. .. .. . .. ... 11.5
Cost R.ecords ....................................... J 1.7
in general .............. 1.19, 1.44, 9.11. 10.4.2. 10..$.3. 11
Lump Sum Pricing ................................ 11.3.2
N otific:ation of Surety ....................... .. .. .... 10.5
Scope of .......................................10.3-10.4
Testing and Inspection. Uncovering the Work........ 13.9
Unit Price Worle .................................... 11.9
Value of Work ........................... .. .. .. .. ... 11.3
Change in Conuact Times-
Claim for times ad"JUSuoent .... 4.1. 4.2.6. 4.5. 5.15. 6.8.2.
9.4.9.5.9.11. 10.2. JO.5. 12.1. 13.9. 13.13.
13.14. 14.7. 1.5.1. 15.5
ConU'aCnIaI time limits ................. ~ . .. . .. .. .... J2.2
Delays beyond CONTR.ACTOR's conuol ............ 12.3
Delays beyond OWNER's and CONTRACTOR's con-
uol ............................................... J2.4
Notification of surety ............................... .10.5
Scope of change ............................... 10.3-10..$
Change Order$-
Acc:eplallce of Defective Work ..................... J3.13
Amending ConD'3Ct Documents ......................3.5
Cash Allowances .... . .. .. .. ... .. .. .. . .. .. .. .. .. .... 11.8
Change of Contract Price ... .. . .. .. .. .. .. .. .. .. .. .. ... 11
Change of Contract Tames .. .. .. .. .. .. .. .. .. .. .. .. . ... 12
Changes in the Work .................................. JO
COJlfI'RAC'IOR.s fee .... ....... ........ ............ 11.6
Cost of the Work ............................... 11..$-11.7
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Article or Paragraph
Number
. Cost Records ....................................... 11.7
definition of . . . . . . . . . . . . . . .. . . . . ... ... . . .. . ........... 1.9
emer:;encies .................................... . ... 6.23
ENGINEER's responsibility......... 9.S. 10.4. 11.2. I~.I
execution of ........................................ 10.4
Indemnific:ation ..................... 6.12. 6.16, 6.31. 6.33
Insur.utce. Bonds and ................... S.IO. 5.13, 10.5
OWNER may terminate ........................15.2-15.4
OWNER's Responsibility ................. ...... 8.6. 10.4
Physic:al Conditions-
Subsurface and. . . . . . . .. . . . . . . . . .. . . . . . . .. . .. .. .. .... 4.2
Underground Facilities ........................... 4.3.2
Record Documents ......................... ........6.19
xope of Change ............................... 10.3-10.4
Substitutes.................... .......... ..... 6.7.3,6.8.2
Unit Price Work .................................... 11.9
value of Work. covered by .......................... 11.3
Changes in the \Vork ......;;............................ 10
Notiiic:ation of surety ............................... 10.5
OWNER's and CONTRAcroR's responsibilities .... 10.4
Right to an adjustment .............................. 10.!
Scope of change ............................... 10.3-10.4
Oaims-
against CONTRACTOR ........................... ..6.16
against ENGINEER ................................ 6.32
against OWNER .................................... 6.32
Change of Contmct Price ....................... 9.4. 11.2
Change of Contmct Times ...................... 9.4..I~.l
CONTRACTOR's 4. 7.1. 9.4.9.5.9.11.10.2. 11.2. 11.9.
12.1. 14.8. 15.1, 15.5, li.3
CONTRACTOR's Fce .............................. 11.6
. CONTRACTOR's liability...... ...... 5.4. 6.12. 6.16. 6.31
Cost of the Work .............................. 11.4, 11.5
Decisions on Disputes .........................9.11,9.12
Dispute Resolution.................................. 16.1
Dispute Resolution Agreement.................. 16.1-16.6
ENGINEER as initial interpretor .................... 9.11
Lump Sum Pricing ................................ 11.3.2
Notice of ........................................... 17.3
OWNER's ...........9.4.9..5.9.11.10.2.11.2.11.9.12.1.
13.9, 13.13, 13.14, 17.3
OWNER's li:1bilitv .................... ...... .........5.5
OWNER may recUse to make payment .............. 14.7
Professional Fees and Coun Costs Included.......... li..5
request for fonnal decision on ....................... 9.11
Substitute items .................................. 6.7.1.2
Tune Extension ..................................... 12.1
Tune requirements ............................ 9.11, 12.1
Unit Price Work .................................. 11.9.3
~ue of ............................................11.3
Waiver of-()n Final Payment ................ 14.14~ i4.15
Work Change Din:ctive .. .. .. .. .. .. . .. .. .. .. ... .. ... 10.2
written notice required ................... 9.11. 11.2, 12.1
Clarific:ations and Interpretations ... . . . . . . . .. 3.6.3. 9.4, 9.11
O=n Site .............................. .............. 6.1i
Codes ofTcchniQ\ Society. Orpniz:Won or
Association.............................. ........ 3.3.3
Commencement of Contr::u:t Times . . . . . . . . . . . . .. . . . . . .. 2.3
Communic:ations-
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Article or Paragraph
Number
general.................................... 6.2. 6.9.2. 8.1
Hazard Communication Progn.ms ................... 6.22
Completion-
Final Application for Payment ...................... 14.12
Finallnspec:tion .. . .. .. . . .. .. .. .. . . .. . .. .. .. .. . .... 14.11
Final Payment and Acc:pranc: ............... 14.13-14.14
PattiaI Utilization .................................. 14.10
Subsrantial Completion . . .. .. . .. .. .. .. .. .. 1.38. 14.~ 14.9
Waiver of Oaims .... .. .... .. .. .. . . .. .. . . .. .. .. ..... 14.15
Compuwion of Times ........................ 17.2.1-17.2.2
Concerning Subconuactors,
Suppliers and Others ............................ 6.8-6. J1
Conferences-
initial1y acc:eptable schedules ......................... 2.9
pn=:ons:ruction ......................................2.8
Conftict, Error, Ambiguity, Discrcpancy-
CONTRACTOR to Repon ........... ..,........2.5, 3.3.2
Construction. before staning by CONTRACTOR .... 2..5-2.7
Construction Machinery, Equipment, etc. . . . . . . . . . . . . . . . 6.4
Continuing the Work ............................. 6.29, 10.4
ContraCt Documents-
.-\mending ........................................... 3.5
Bonds ............................................... 5.1
Cash Allowanc:s ................................... 11.8
Change of ContraCt Price ........................ .. ... 11
Change of Contract Tunes .................. ...... .... 12
Changes in the Work ........................... 10.4-10.5
c:heck'and verilY .....................................2.5
Clarifications and Interprewions ....... 3.2. 3.6, 9.4, 9.11
definition of ........................................ 1.10
ENGINEER as inibal interpreter of ................. 9.11
ENGINEER as OWNER's I'C;lresentative ............9.1
general ................................................3
Insurance............................................ 5.3
Intcnt ............................................ 3.]-3.4
minor variations in the Work ......................... 3.6
OWNER's responsibility to furnish data ..............8.3
OWNER's responsibility to make
prompt payment ....................... 8.3. 14.4, 14.13
precedence .................................... 3.1. 3.3.3
Record Documents .... .... . .. .. .. .. . .. . .. .. . .. .. ... 6.]9
Rcference to Srandards and Specifications
of Tec:hnic:al Societies .............................. 3.3
Rclated Work..... ..... ............... ...... ......... 7.2
Reponing and Resolving Discrepancies ........... 2..5. 3.3
Reuse of ............................................. 3.7
Supplementing.......................................3.6
Termination of ENGINEER's Employment ...........8.2
U nit Price Work ..................:......... .. .. .... 11.9
variations ................................. 3.6, 6.23, 6Z1
Visits to Sitc. ENGlNEER's ......................... 9.2
ContraCt Pric:-
adjustment of ................3.5,4.1.9.4,10.3,11.2-11.3
Change of ............................................ 11
Decision on Disputes .. .. .. .. . .. .. . .. .. .. .. .. .. . .... 9.11
definition of ........................................ I.] 1
ContraCt Times-
adjustment of ...................... 3.5. 4.]. 9.4.10.3.12
Change of ...................................... 12.1-12..4
.5
e
")
A"';cI~ or Paragraph
_ . Numb~r
Commencement of ................... ................2.3
definition of ........................................ 1.12
CONTRACTOR-
Acceptance of Insuronce ............................ 5.14
Umited Reliance on Technical DaIa Authorized ..... 4.2.2
Communications ............................... 6.2. 6.9.2
Continue Work ................................ 6.19. 10.4
coordination and scheduling......................... 6.9.2
definition of .............................:.......... 1.13
May Stop Work or Tenninate ....................... 15..5
provide site access to others .................... 7.2 13.2
Safety:md Protection .......4.3.1.2.6.16.6.18.6.21-6.13,
7.2. 13.2
Shop Drawing :md Sample Review Prior to Submittal. 6.25
Stop Work requirements .. .. . .. . .. .. . . .. .. .. .. ..... 4.5.2
CONTRACTOR's- .
Compensation ................-. ~ .. .. .. .. .. . .. ... 11.1-11.2
Continuing Obligation .............................. 14.15
Defective Work .......................... 9.6. 13.1~13.14
Duty to corr:ct defective Work..... ................ 13.It
Duty to Report-
Changes in the Work caused by
Emergency .................. ........ ........ ..... 6.13
Defects in Work of Others ....... . .. . . .. .. .. .. . .... 7.3
Differing conditions .............................. 4.2.3
Discrepancy in Documents ... . .. . . ... 2..5. 3.3.2. 6.14.2
Underground Facilities not indicued .............. 4.3.2
Emergencies................................... ..... 6.23
Equipment and Machinery Rental. Cost
.of the Work............. ...................... 11.4..5.3
Fe:-Cost.p!us ..................... 11.4.5.6. 11..5.1. 11.6
uener31 Warranty and Guarantee .................... 6.30
Hazard Communication Progr:uns ................... 6.21
Indemnification ...................... 6.12. 6.16. 6.31-6.33
Inspection of the Work ......................... 7.3, 13.4.
Labor. Materials and Equipment .................. 6.3-6.5
Laws and Re:ulations, Compliance by ............. 6.14.1
Liability Insuranc: ................................... S.4
Notice of Intent to Appeal ..................... 9.10. 10.4
obligation to perfonn and complete the Work ........ 6.30
Patent Fe:s and Royalties. paid for by ............... 6.12
Ptrfommnc: and Other Bonds ........................ 5.1
Permits. obtained and paid for by .................... 6.13
Progress Schedule..... 2.6.2.8.2.9.6.6.6.19. 10.4. 15.2.1
Request for fonnal decision on disputes . . . . . . . . . . . .. 9.11
Responsibiiities-
Changes in the Work .............................. 10.1
Concerning Subconttactors. Suppliers and Others. 6.8-
6.11
Continuing the Work ........................ 6.29, 10.4
CONTR.a..CTOR's expense ....................... 6.7.1
CONTRACI'OR's Ckncra1 Warr:1nty and Guaran-
tee ...............................................6~
.)
CONTRACJ'OR's review prior to Shop Onlwingor Sam-
ple submitt:1l ..... . . .. . .. .. . . . .. . . . . .. .. .. . . . .. .. . 6.~
Coordination of Work .............................. 6.9.2
Emergencies . .. .. . .. . . .. .. . .. .. .. .. .. .. .. .. .. .. .. . 6.23
ENGINEER's evaluaUon. Substiwtes
or "Or-Equal.. Items .. .. .. .. .. .. .. .. .. .. .. .... 6.7.3
e
Article or Paragraph
Number
For Acts and Omissions of Others .....6.9.1-6.9.2,9.13
for deductible amounts. insuronce .................. 5.9
general .................................6.7.2 7.3,8.9
Haz:1rdous Communic::ltion Progr.uns . . . . . . . . . . . .. 6.22
IndemniiiCltion ........................ ~.. . . . 6.31-6.33
labor. Materials and Equipment ................ 6.3-6.5
laws and Regulations ............................ 6.14
Liability Insurance ................................. 5.4
Notice of variation from Contract Doc:uments ..... 6.I1
Patent ~:s and Royalties ............:............ 6.12
Pennits ........................................... 6.13
Progress Schedule ................................. 6.6
Record Documents ............................... 6.19
related Work pcrfonned prior to ENGINEER's
approval of required submittals . . . . . . . . . . . . . . . . . 6.28
safe suuctur31loading .... .. .. .. . .. . .. .. .. .. . ..... 6.18
Safety and Protection ................... 6.20, 7.2. 13.2
Safety Representative ............................. 6~ I
Scheduling the Work ............................. 6.9.2
Shop Drawings and Samples ...................... 6.24
Shop Drawings and Samples Review
by ENGINEER................................ 6':6
Site CIC3Diiness ................................... 6.17
Submittal Procedures ............................. 6.~
Substitute Construction Methods and
Proc::dures .................................... 6.7.2
Substiwtes and "Or-Equal.. Items ................ 6. i.I
Superintendence ................................... 6.2
Supervision........................................ 6.1
Survival of Obligations ............................ 6.34
Taxes . . .. . .. . . . . . . . .. .. .. . . . . . . . . . . .. .. . . . . . .. ... 6.15
Tests and Inspections ............................. 13.5
To Report ......................................... 2.S
Use of Premises .................... 6.16-6.18. 6.30.2.4
Review Prior to Shop Dr.lwing or Sample Submittal .. 6~
Right to adjustment for changes in the Work ......... 10.2
rightto claim.. 4. 7.1. 9.4. 9.5, 9.11, 10.2. 11.2. 11.9, 12.1.
13.9. 14.8. 15.1. 15..s. 17.3
Safety and Protection ................. 6.20-6.!2. 7.2. 13.2
Safety Representative ............................... 6.21
Shop Drawings and Samples SubmiaaJs ......... 6.24-6.28
Special Consultants ....... . . . . . . . . .. . . .. . . . . . . . ... 11.4.4
Substitute ConstrUCtion Methods and Procedures ..... 6.7
Substitutes and ..Or-Equal.. Items. Expense .. 6.7.1, 6.7.2
Subcontractors. Suppliers and Others ......:..... 6.8-6.11
Supervision and Superintendence ...... ...... 6.1. 6.2. 6.21
Taxes. Payment by .................................. 6.15
Use ofPrcnises ................................6.16-6.18
Warnmties :md guarantees ........... . .. .. . .. ... 6.30. 6.5
Warr.lI1ty of Title . . . . . .. .. . . . . . . .. .. . .. . .. . . .. . . .... 14.3
Written Notice Required-
CONTRACI'QR SlOp Work or tenni~e ........... IS.5
ReportS of Differing Subsurface and Physic:a1 Condi-
tions ....... ............................. ......... 4~
Sub:scantial Completion .. . . . . . . . . . . . . . . . . . . . . . . . .. 14.8
CONTRACTQRS--othcr ........................... ...... 7
Conuacwal Uability Insurance .................. ..... 5.4.10
Contr:lCtUal Time Umits . .. .. . . .. .. . . .. . .. .. .. .. .. . ... 12.2
Coordination
6
e
)
Art;c/~ or Ptu'agraph
Numb~r
. CONTRACI'OR's responsibility.................... 6.9.2
Copies of Documents ............ . . . .. .. .. . .. .. . .. . .. . . 2.2
Corn:ction Period .................................... 13.12
Correction. Removal or Acceptanc:c of
Defective Work
in general ............................. 10.4.1. 13.1~13.14
AccepClnC:C of Defective Work ..................... 13.13
Correction or Removal of Defective Work ..... 6.30. 13.11
Correction Period .................................. 13.12
OWNER May Correct Oefective Work ............. 13.14
OWNER May Stop Work .......................... 13.10
Cost-
of Tests and Inspections ............................. 13.4
Records .............................. ........ ...... 11.7
Cost of the Work-
Bonds and insurance. additional . .. .. .. .. .. .. . ... 11.4.5.9
Cash Discounts ........................... . .. .. ... I 1.4.2
CONTRAC'IOR's Fcc ... ~:......................... 11.6
Employee Expenses ............................. 11.4.5.1
Exclusions to .. ............... ....... ..... .......... 11.5
General .................... .............. ...... 11.4-11.5
Home office and overhead expenses. ........ ........ 11.5
Losses and damages.... ....... .......... ........ 11.4.5.6
Materials and equipment .......................... 11.4.2
Minor expenses ................................. 11.4.5.8
PayroU costs on changes . . . . . . . . .. .. . . . . . .. .. .. . .. 11.4. I
performed by Subcontractors ...................... 11.4.3
~rds ............................................11.7
Rentals of construction equipment and machinery. I 1.4.5.3
Royalty payments. permits and license fees ...... 11.4.5.5
Site offic:c and temporary facilities ............... 11.4.5.2
. Special Consultants. CONTRACIOR's ............ 11.4.4
Supplemental ..................................... 11.4.5
Taxes related to the Work ....................... 11.4.5.4
Tests and Inspection ................................ 13.4
Trade Discounts ........ . . .. .. .. .. . .. .. .. . .. .. .... 11.4.2
Utilities. fuel and sanitary facilities ............... 11.4.5.7
Work after regular hours .. .. .. .. .. .. . .. . .. .. .. .... 11.4.1
Covering Work. .................................... 13.6-13.7
Cumulative Remedies ...................:........17.4-17.5
Cuning. fitting and patching ... .. .. .. .. ... ... .. .. . . ..... 7.2
Data. to be furnished by OWNER ...................... 8.3
Day.-dcfinition of . ~..... ...... .... .................. 17.2.2
Decisions on Disputes ........................... 9.11. 9.12
deiective--dcfinition of ................................ 1.14
defective Work-
Acceptance of .............................. 10.4.1. 13.13
Correction or Removal of ................... 10.4.1. 13.11
ColT'edion Period ................... ~ . .. .. .. .. .. ... 13.12
in general ................................. 13. 14.7. 14.11
Observation by ENGINEER ......................... 9.2
OWNER May Stop Work .......................... 13.10
Prompt Notic:c of Defects ........................... 13.1
!,ejecting ............................................ 9.6
)
-...: .
Uncovering the Work ............................... 13.8
~ticnts ............................................... I
Delays .......................... .......4.1.6.29. 12.3-12.4
Delivery of Bonds ...................................... 2.1
Delivery of certificates of insurance ..................... 2.7
.
.o\rr;cl~ or Paragraph
Numb~r
Determinations for Unit Prices ........................ 9.10
Differing Subsurface or
Physical Conditions
Notice of .......................................... 4.2.3
ENGINEER's Review ...................... ....... 4.2.4
Possible Conuact DocumentS Change ............... 4.25
Possible Price and Times Adjustments ........ . . . . . . 4.2.6
Discrepancies.Reporting and Resolving .... 2.5. 3.3.2. 6.14.2
Dispute Resolution-
Agreement ...................... ...............16.1-16.6
Arbitration.... ... .............. ........ ........ 16.1-16.5
general ...........................................;...16
Mediation .......................................... 16.6
Dispute Resolution Agreement.................... 16.1-16.6
Disputes. Decisions by ENGINEER .............. 9.11-9.12
Documents-
Copies of ............................................2.2
Record ............................................. 6.19
Reuse of ............................................. 3.7
Drawings--deftniuon of ............................... 1.15
~n1ents .............................................4.1
Effective date of Agreement-(fefinition of ............. 1.16
Emergencies .......................................... 6.23
ENGlNEER-
as initial interpreter on disputes................. 9.11-9.12
definition of ........................................ 1.17
Umitations on authority and
responsibilities .................................9.13
Replacement of ...................................... 8.2
Resident Project Representative ...................... 9.3
ENGINEER's Consultant-(fciinition of ............... 1.18
ENGINEER's- .
authority and responsibility. limitations on ........... 9.13
Authorized Variations in the Work .................... 9.5
Change Orders. responsibility for .......... 9.7. 10. 11. 12
Clarifications and Interpretations ............... 3.6.3. 9.4
Decisions on Disputes .......................... 9.11-9.12
defective Work. notice of ........................... 13.1
Evaluation of Substitute Items ...................... 6.7.3
Uability ....................................... 6.32. 9.12
Notice Work is Acceptable ......................... 14.13
Observalions .. .. .. .. . .. . .. .. . .. . .. .. .. . .. .. .. 6.30.2. 9.2
OWNER's Representative ..... ......................9.1
Payments to the CONTRACTOR.
Responsibility for ....................:......... 9.9. 14
Recommendation of Payment ................. 14.4. 14.13
Responsibilities- .
Limitations on ........................:......9.11-9.13
Review of Reports on Differing Subsurface
and Physical Conditions .......................... 4.2.4
Shop Drawings and Samples. review
responsibility ..................................... 6.26
Swus During Consauction-
authorized variations ia the Worle .. ... .. .. .. .. . .... 9.5
Clarifications and InlCrpretDDons ................... 9.4
Decisions on DisputeS ........................ 9.11-9.12
DelCnninaDons on Unit Pric:c ..................... 9.10
ENGINEER as lnitiallnu:rpreu:r ............; 9.11-9.12
ENGINEER's Responsibilities ................ 9.1-9.12
7
e
A.rr;cl~ Dr Paragraph
Numb~r
>.
Umiwions on ENGINEER's AUlhority and
· Responsibilities......... .......................... 9.13
OWNER's Reprcsenwivc ... .. . .. .. . .. .. . . .. ... ... 9.1
Project Representative ............................. 9.3
Rejecting Defective Work .......................... 9.6
Shop Drawings. Change Orders and
PaymcnlS ..................... ..... .u....... 9.7-9.9
VlSilS to Sile ...................................... 9.2
Unit Price Determinations ..oo............ ...........9.10
VlSilS to Sile ......................................... 9.2
Written consent required ......................... 7.2, 9.1
Equipment, Labor. Maleria1s and . . . . . . . . . . . . . . . . . .. 6~.5
Equipment renraJ, Cost of the Work ................ 11.4.5.3
Equivalenl Materials and Equipmenl .................... 6.7
En-ors or omissions ............ . .. .. .. .. . .. .. . .. .. .... 6.33
Evidence of Financial AmangemenlS ................... 8.11
Explorations of physical conditions ... .. .. .. .. ... .. .. . 4.2. 1
Fee, CONTRACI'OR's-Co~P1us ...................11.6
Field Order-
definition of ........................................ 1.19
issued by ENGINEER ........... .............. 3.6.1, 9.5
Final Application for Payment ........................ 14.12
Final Inspection...................................... 14.11
F"mal Payment-
and Acccplance ......................... ..... 14.13-14.14
Prior to, for cash allowances .. . .. .... .. .. .. .. .. ..... 11.8
General Provisions ............................... 17.3-17.4
General Requirements-
defindon of .oo...................................... 1.20
princ:ipaJ references to .... no .. ..... 2.6, 6.4, 6.6-6.7. 6.24
Giving Notice..................... .................... li.1
Gwirantee of Work-by
CONTRACroR .............................. 6.30, 14.12
Hazard Communication Programs . . . . . . . . . . . . . . . . . . . .. 6.22
Hazardous Waste- .
definilion of ........................................1.21
leneraJ .............................................. 4.5
)
~
OWNER's responsibility for ........................ 8.10
Indemnification ........................6.12, 6.16, 6.31-6.33
Initially Acc::ptable Schedules .......................... 2.9
Inspcc:tion-
Certificates of .....,... ................ 9.13.4, 13.5, 14.12
F"mal ..............................................14.11
SpcciaJ. required by. E."lGINEER. .................... 9.6
Tests and Approval .............. ..........8.7, 13.3-13.4
Insuranc:e-
Ac:cepamce of. by OWNER. .........................5.14
Additional, required by changes
in the Work....................... .......... 11.4.5.9
Before Slarting the Work .............oo.............. 2.7
Bonds and-in general ................................. 5
Canc:eUation Provisions .. . .. . .. . .. .. .. . .. .. ... . .. .. .. 5.8
Cenificues of .. '1..7, 5, 5.3, 5.4.11, 5.4.13, 5.6.5, 5.8, 5.14.
9.13.4, 14.12
completed operations ..oo..oo...................... 5.4.13
CON'I'RACroR's Liability ... ............. ...........5.4
CON'I'RACroR's objection to coverage .............5.14
ConlraetuaJ Liability .....oo....................... 5.4.10
e
A.rr;cl~ or Paragraph
Numb~r
deductible amounts. CONTRACTOR's
responsibililY .................................... 5.9
Final Application for Paymenl ...................... 14.12
Licensed Insurers.................................... 5.3
Notice requirements, material
changes .................................. 5.8, 10.50
Option to Replace .................................. 5.14
other spcciaJ insurances ............................. 5.10
OWNER as fiduciary for insureds . . . . . . . . . .. ... 5.12-5.13
OWNER's Liability .................................. 5.5
OWNER's Responsibility ............................ 8.5
PaniaJ Ublizalion. Propeny Insurance ............... 5.15
Property ... .:........... ........................ 5.~5.10
Re--..eipt and Application oflnsunmce Proc=ds ..5.12-5.13
Special Insurance ................................... 5.10
Waiver of Rigtlls .................................... S.J I
Inlent of Contr.LCt Documents.. ... . ... .. .. ... . ...... 3.1-3.4
Interpretations and Clarifications .................3.6.3,9.4
Investigations of physical conditions ................ . . . . 4.2
Labor, Materials and Equipment ............... . . . .. 6~.5
Lands-
and Easements .. . .. . . . .. .. .. .. . : .. .. . . . .. . . . .. .. . ... 8.4
Avaslabilily of .................................... 4.1, 8.4
Reports &. Tests .. . .. .. . .. . .. .. . . .. .. . .. . .. . .. .. .. ... 8.4
Laws and Regulations-Laws or Regulations-
Bonds ...........................................5.1-5.2
Changes in the Work ........oo.............oo....... 10.4
Contract DOCUIIlenlS ...................... .. . .. . oo . .. 3. I
CONTRACroR's Responsi'biIities .......oo.......... 6.14
Correction P=iod. defective Work ..... ........ ..... 13.12
Cost of the Work. taxes .....................oo.. It .4.5.4
d~tion of ........................................ I~
general .................:................oo.. ....... 6.14
Indemnification .. .. .. . .. .. .. .. .. .. .. .. .. .. .. ... 6.3 1-6'::3
Insurance ............................................5.3
Precedence .................................... 3.1. 3.3.3
Reference to ....................................... 3.3. I
Safety and Proleetion ...................... no.. 6.20. 13.2
Subcontractors, Suppliers and Others ............ 6.8-6.. J J
Tests and Inspections................................ J3.5
Use ofPrcmises ....................................6.16
Visits to Site ......................................... 9.2
LiabIlity Insurance-
CONTRACroR's .................................... 5.4
OWNER's...........................................5.5
Uc:nsed Sureties and Insurers .. ~. ......... ............5.3
Uens-
Application for Progress Paymcat ................... 14.2
ConU'aCtor's Wananty orTille ............oo......... 14.3
F"maJ Applical:ion for Payment................ ...... 14.12
definilion of ...............oo....................... 1.!3
Waiver of CJaiJns .. .. oo .. .. . .. .. .. . .. .. . .. . .. . .. ... 14.15
Umiwions on ENGINEER's authority and .
responaibfiities ..................................... 9.13
Limiled Reliance by CONTRACTOR Awhorized ...... 4.2.2
Mainteuancc and Opcrazing Manuals--
F"maJ Applical:ion for Payment ...... no ... .. .. .. .... 14.12
Manuals (of olbers)-
Precedence .....oo..........oo.....oo..oo...oo.... 3.3.3. I
8
e
).
Ar';CI~ or Paragraph
Numb~r
.
Reference to in Contract Documents ................ 3.3.1
Materials and equipment-
furnished by CONTRACTOR........................ 6.3
not incorporated in Work ............................ 14.2
Materials or equipment-equivalent ..................... 6.7
Mediation (Optional) .................................. 16.7
MDeston~efinition of .............................. 1.24
M'JSCCllaneous--
Computation oC Times .......... .. .. .. . .. . .. . . .. .... 17.2
Cumulative Remedies ............................... 17.4
Giving Notice....................................... 17.1
Notice of Claim ..................................... 17.3
ProCessional Fees and Court Costs Included.......... 17.5
Multi-prime contracts ............ .. . .. .. . . .. .. .. .. .. .. ... 7
Not Shown or Indicated ..............................4.3.2
Notice of-
Acceptability of Projcct .;;......................... 14.13
Award. definition of.... .. :. ............ ............. 1.2S
Claim .............................................. 17.3
Defects, ................................. _.......... 13.1
Differing Subsurface or Physical Conditions ......... .4.2.3
Giving...... .. ........... . . ......................... 17.1
Tests and Inspections......... .......... ..... ....... 13.3
Variation, Shop Drawing and Sample ................ 6.27
Notice to Procced-
definition of .................. .. .. .. . . . .. . .. .. . .. ... 1.26
giving of ...................................... ....... 2.3
Notification to Surely ................................. 10.5
ObscrvaDons, by ENGINEER .................... 6.30, 9.2
Occ:upancy of the Work ................ 5. 15. 6.30~4, 14.10
Omissions or acts by CONTRACTOR ............. 6.9, 9.13
"Open pen'" policy fonn; Insurance .................. .5.6.2
Option to Replace ................................ .....5.14
"Or Equal" hems...................................... 6.7
Other work........ ........................... ........... 7
Overtime Work-prohibition of ......................... 6.3
OWNER-
. Acceptance of defective Work ...................... 13.13
appoint an ENGINEER..... .................. .......8.2
as fiduciary ...................................: 5.12-5.13
Availability oC Lands. responsibility ................... 4. I
definition of .... . .. . .. .. . .. .. .. .. .. . .. .. .. .. .. . . .... 1.27
data, furnish ......................................... 8.3
May Correct Defective Work ....................... 13.14
May refuse to make payment........................ 14.7
May Stop the Work ................................ 13.10
may suspend work.
tcnninate ....................... 8.8. 13.10. 15.1-15.4
Payment. make prompt................... 8.3. 14.4. 14.13
pcrfonnance of other Work .......................:... 7.1
permits and licenses. requirements . .. . .. .. . .. .. .. ... 6.13
purchased insurance requirementS ............... 5.6-5.10
OWNER.s-
Ac:ceprance of the Work ......................... 6.30.2.5
Change Orders. obligation to
execute .......:............................ 8.6. 10.4
Communications .............................. ....... 8.1
Coordination of the Work . . .... .. ... .. .. .. . .... ...... 7.4
Disputes. request for decision ........... ............ 9.11
)
0.;.;::'";"
.
Arricl~ or Paragraph
Nllmbt:r
Inspections. tests and approvals ................. 8.7. 13.4
Liability Insurance ................................... 5.5
Notice of Defects ................................... 13.1
Representative-During Consuuction.
ENGINEER's Status ..... .......................9.1
Responsibilities-
Asbestos. PCB's. Petrole~ Hazardous
Waste on Radioactive Material .................. 8.10
Change Orders ....... .. . .. .. . .. .. .. .. . :. .. .. .. . .. . 8.6
Changes in the Work.............................. 10.1
communic:alions .... .. .. . .. . .. .. . .. . .. . . .. . . .. .. . .. 8.1
CON'TRACTOR's responsibilities ..................8.9
evidence of financial arrangements .. . . . . . . . . . . . . .. 8.1 I
inspections, tests and approvals .................... 8.7
Insurance ...... .. .. .. .. .. . .. . . .. .. . .. . . .. .. .. .. ... 8.5
lands and easements ............................... 8.4
prompt payment by ..................... ...........8.3
replacement of ENGINEER .......................8.2
reportS and tests ................................... 8.4
stop or suspend Work .................. 8.8. 13.10. 15.1
terminate CONTRACI'OR.s services .......... 8.8, 15.2
sepanuc representative at site ............... .. . .. .... 9.3
independent testing ................................. 13.4
use or occupancy of the
Work ..... ............................... 5.15. 14.10
written consent or approval
required ...............................9.1.6.3.11.4
written noti=
required .......... 7.1. 9.4. 9.11. tt.2. 11.9, 14.7, 15.4
PCBs-
definition of ... ................ ..................... 1.:!9
gener.d .......................~..... ........... .......4.5
OWNER's responsibility for ........................ 8.10
Partial Utilization-
definition of ........................................ 1.28
general ...................................6.30.2.4. 14.10
Propeny Insurance .. .. .. . .. .. .. . .. .. . . .. .. .. .. .. . .. 5.15
Patent Fees and Royalties .. . .. .. .. .. .. .. .. . .. . .. .. .... 6.12
Payment Bonds.. ................................... 5.1-5.2
Payments. Recommendation or ............. 14.4-14.7, 14.13
Payments to CONTRACTOR and Completion-
Application for Progress Payments .................. 14.2
CONTRACTOR.s Wamnty ofude ................. 14.3
Final Application for Payment ...................... 14.12
Finallaspection ...................... .............. 14.11
Final Payment and Acccprance ............... 14.13-14.14
gena ...........................................8.3. 14
Pan:ial Utilization .................................. 14.10
Retainage ........................................... 14.2
Review of Applications for Progress
Payments.................................. 14.4-14.7
prompt payment ..................................... 8.3
Schedule of Values .................................. 14.1
SubstandaJ Completioa .. ~ ... .. . .. .. .. .. ........ 14.8-143
Waiver of ClainIs .................................. 14.15
when payments due .....................~.... 14.4. 14.13
withholding payment ................................ 14.7
p..rfornzaace Bonds .................................5.1.5.2
Pennits ........... ................. ..... ..............6.13
9
e
Articl~ Or Paragraph
Numb~r
..)
P=trolcum-
deiinition of ........................................ 1.30
Jeneral ............................ . .. . . .. .. .. .. . . ... 4.5
OWNER's responsibility for ........................ 8.10
Physical Conditions-
Drawings of. in or relating to .................. ... 4.2.1.2
ENGINEER's review.............................. 4.2.4
existing structures .................................. 4.2.2 .
,enena! ........................................... 4.2.1.2
Subsurf'ac:e and. ...................................... 4.2
Underground FaCIlities ............................... 4.3
Possible ConU'aCt Documents Change ............... 4.2.5
Possible Price and Times Adjustments ........ . . . . . . 4.2.6
ReportS and Otawings .............................. 4.2.1
Notice of Differing Subsurface or. .................. 4.2.3
Subsurface and ..... . . .. . .. .. . .. .. . . .. . . . .. . .. .. .. .. . 4.2
Subsurface Conditions.......:.................... 4.2.1.1
Te:::hnical Data. limited Reliance by
CONTRACTOR Authorized .................... 4.1.2
Underground Faalities-
genena! ..........................................4.3
Not Shown or Indicated .. .. . .. .. .. .. . .. . .. .. .. 4.3.1
Protection of ............................... 4.3. 6.10
Shown or Indicated ............................4.3.1
Technical 0a1a ..................................... 4.2.2
Prel:onstruc:tion Conference ................. ...........2.8
Preliminary Maners ...................................... 2
~ Schedules ...... ........ ......... ...........1.6
Pre:nises. Use of ................................. 6.16-6.18
Price, Change of Conuact ............................... I I
Price, Conuact~efinition of .......................... 1.11
Progi-ess Payment, Applications for .................... 14.2
Progress payment-rctainagc ....... ................... 14.2
Progress schedule. CONTR.A.CTOR's ..... 2.6.2.8.2.9.6.6.
6.29. 10.4. 15.2.1
Proje:::t--definition of .................................. 1.3 I
Project Represenwivc:-
ENGINEER's SWus During Consuuction ............ 9.3
Project Representative. Resident
--defitUtionof .......~.............................. 1.33
prompt payment by OWNER ........................... 8.3
Property Insurance
Additional ............................................ 5.7
general .......... ~............................... 5.6-5.10
Partial Utilization.. ......................... S.IS. 14.10.1
receipt and application of
proceeds .................................. 5.12-5.13
Prorec:tion, Safety and ....................... 6.20.6.21. 13.2
Punch list ............................................ 14.11
Radioactive Material-
definition ....................... ........... ......... 1.32
general .............. .. .. . . . . . . .. .. . . .. .. . . .. . . .. .. . . 4.5
OWNER's responsibility for . .. .. .. .. .. .. .. .. .. ..... 8.10
Recommendation of Payment .............. 14.4. 14.5. 14.13
Record Documents ............... .............. 6.19. 14.12
Rccards. procedures for maintaining .................... 2.8
Reference Points ....... .. .. . . .. .. . .. .. .. .. .. .. .. .. .. ... 4.4
Reference to Standards aad Spcc:ificllions
ofTec:hnical Societies ................................ 3.3
,)
....:
~
e
Articl~ or PlJI'agraph
Number
Regulations. laws and (or) ............................ 6.14
Rejecting Defective Work. .. .... .. .. .. .. .. . .. .... ....... 9.6
Related Work-
at Site ...........................................7.1-7.3
Perionned prior to Shop Drawings
and Samples submittals review .................. 6.28
Remedies. cumulative ............................ 17.4, 17.5
Removal or Corm:tion of
Defective Work .................................... 13.11
rental agreements. OWNER approval
required ...................................... 11.4.5.3
replacement of ENGINEER. by OWNER .............. 8.2
Reporting and Resolving Discrepancies .... 2.5. 3.3.2. 6. J4.2
Reports-
and Drawings ...................................... 4.2. J
and Tests. OWNER's responsibility .................. 8.4
Resident Project Representative-
definition of ........................................ 1.33
provision for ......................................... 9.3
Resident Superintendent. CONTRACIOR's ............. 6.2
Responsibilities-
CONTRACTOR's-in general ...........................6
ENGINEER's-in general ............................... 9
~tations on ....................................9.13
OWNER's-in general ..................................8
Retainage ............................................. 14.1
Reuse of Documents ................................... 3.7
Review by CONTRACIOR: Shop Drawings
. and Samples Prior to Submittal ...................... 6.25
Revicw of Applic:Wons for Progress
Payments ...................................... J4.4-J4.7
Right to an adjustment ................................ 10.2
Rights of Way .......................................... 4.1
Royalties. Patent Fe:s and ............................. 6. J2
Safe Suuctur:1lloading .......................... ..... 6. J 8
Safety-
and Protection .......4.3.2. 6.16. 6.18. 6.2~.21, 7.2., J3.2
general .. .. . . . .. . . .. .. .. .. .. .. . . .. .. .. .. .. .. ... 6.2~.2J
Representative. CONTRACTOR's ................... 6.2J
Samples-
definition of ........................................ 1~
general . .. .. . .. .. .. . .. .. .. .. .. .. .. .. .. .. . .. .... 6.24-6.28
Review by CONTRACTOR ................... ......6.25
Review by ENGINEER ....................... 6.26. 6.27
related Work ............................... ~ .... .... 6.28
submiaaI of ....................................... 6.24.2
submittal pn)Cedurcs ................................6.25
Schedule of progress ..... 2.6. 2.8-2.9. 6.6. 6.29, 10.4, 15.2.1
Schedule of Shop Drawing and Sample
Submiaals ....................... 2.6. 2.8-2.9. 6.24-6.28
Schedule of Values ........................ 2.6. 2.8-2.9. J4.1
Schedules-
Adherence to ..................................... 15.2.1
Adjusting.................................... ........6.6
Change of Conuac:t Times .............. ... ......... J0.4
Initially Ac:c:eplable ............................... 2.8-2.9
Preliminary .................... ~..................... 2.6
Scope of Changes .............................. 10.3- JO.4
Subsurface Conditions .............................. 4.2.1.1
10
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Art;cl~ or Paragraph
. Number
)
Shop Drawings-
-and Samples. general ........................... 6.24-6.28
Change Orders &:. AppliCl.tions for
Payments. and ............................... 9.7-9.9
definition of ........................................1.35
ENGINEER's approval of .........................3.6.2
ENGINEER's responsibility
for review ............................... 9.7. 6.24-6.28
related Work ................................ ........ 6.28
review procedures ................. .. . .. . .. 2.8. 6.24-6.28
submiaal required ................................. 6.24.1
Submiaal Procedures .. .. .. . . .. .. . .. . . .. .. . .. . .. . . .. 6.25
use to approve substiwtions ........................ 6.7.3
Shown or Indicated..... ..............................4.3.1
Site Access ....................................... 7.2. 13.2
Site Oeanliness ....................................... 6.17
Site. VISits 10-
by ENGINEER ............ .... .. .... ... .. .... ... 9.2. 13.2
by others ........................................... 13.2
"SpedaJ causes ofloss" policy fonn. insurance ....... 5.6.2
Spec:itications-
deiinition of .................................. .. . . .. 1.36
ofTechnicaJ Societies. reference to .................3.3.1
precedence ........................................ 3.3.3
Srandards and Specifications of Technic:a.l
Societies .......................................... 3.3
Starting Construction. Before ....................... 2.5-2.8
Starting the Work ...... . . .. . .. .. .. .. .. .. .. .. .. .. . . .. ... 2.4
Stop or Suspend Work-
by CON'TRACIOR ................................. 15.5
by OWNER ............................. 8.8. 13.10. 15.1
Sto~ of materials and equipment ................. 4.1. 7.2
Struc:lUraI Loading. Safety........ ........ .... ...... .. . 6.18
Subc:ontnctor-
Concerning. ..................................... 6.8-6.11
deiinition of .............. ........................... 1.37
dciays .............................................. 12.3
waiver of rights ..................................... 6.11
Subcontnctors--in general . . . . . . . . . . . . . . . . . . . . . . . . 6.8-6.1\
Subcontracts-required provisions ...:.... S .11. 6.11. 11.4.3
Submiaals-
Applications for Payment ......... ...... .... ... ..... 14.2
Maintenaacc and Operation Manuals ............... 14.12
Procedures ........ ...................... ..... ...... 6.2.S
.-)
Progress Schedules .............................. 2.6. 2.9
Samples ........... . .. .. .. .. .. .. . .. . ~ .. . .. .. ... 6.24-6.28
Schedule of Values ............................. 2.6. 14.1
Schedule of Shop Drawings and
Samples Submissions .................... 2.6. 2.8-2.9
Shop Drawings ................................. 6.24-6.28
Substantial Completion- .
c:crtificaDon of ........................ 6.30.2.3. 14.8-14.9
definition of ................................. .. .. ... 1.38
Substitute Construction Methods or Procedures . . . . . .. 6.7.2
SubstitlltCS and "Or Equal.. Items ...................... 6.7
CON'TRACIOR's Expense ....................... 6.7.1.3
ENGINEER's Evalualion ..........................6.7.3
M()r.Equal.. ...... .................................. 6.1.1
SubslituIe Construction Methods of Procedures ..... 6.7.2
e
Arr;cl~ or Paragraph
Number
Substitute Itel11S ..................................6.7.1.2
Subsurface and Physical Conditions-
Drawings of. in or relating to ........... . . . . . . . . . . 4.2.1.2
ENGINEER's Review ............................. 4.2.4
general ......................................... .. ... 4.2
Limited Reliance by CONTRACTOR
Authorized ... ~ . .. .. .. . .. . . . .. . . .. .. . . . . . . .. . .. 4.2.2
Notice of Differing Subsurface or
Physic:aJ Conditions ................................ 4.2.3
Physical Conditions ................................. 4.2.1.2
Possible ContnlCt Documents Change ................. 4.2.5
Possible Price and Times Adjustments . . . . . . . . . . . . . . .. 4.2.6
Reports and Drawings ................................ 4.2.1
Subsurface and ...................................... 4.2
Subsurface Conditions at the Site ........ .. .. .. . .. 4.2.1.1
Te:hnical Data ..................................... 4.2.2
Supe:vision-
CONTRACI'OR's responsibility ...................... 6.1
OWNER shall not supervise ......................... 8.9
ENGINEER shall not supervise ............... 9.2. 9.13.2
Superintendence ....................................... 6.2
Superintendent. CONTRACI'OR's resident ...........6.2
Supplemental costs .................................. 11.4.5
Supplementary Conditions-
definition of ........................................1.39
principal reference to ....1.10. 1.18.2.2.2.1.4.2.4.3.5.1.
5.3.5.4.5.6-5.9.5.11.6.8.6.13.1.4.8.11.9.3.9.10
Supplementing Contract Documents .................... 3.6
Supplier-
definition of ........................................ 1.40
principal references to .................. 3.1. 6.5. 6.8-6. n.
6.20.6.24.9.13. 14.12
Waiver of Rights .................................... 6.11
Surety-
consent to final payment .......... .. .. ... .... 14.12. 14.14
ENGINEER has no duty to ......................... 9.13
Notification of ........................... 10.1. 10.5. 15.2
q~Ui~on of ...................................5.1-5.3
Survival of Obligations ....... .. . .. . .. . . .. .. . . . .. . .. ... 6.34
Suspend Work. OWNER May .................. 13.10. l.s. J
Suspension of Work and Tennination- .................. IS
CONTRACTOR May Stop Work or
1renaUnale ........................................ 15.5
OWNER May Suspend Work .................. .. ... IS.I
OWNER May Terminate ....................... 15.2-15.4
Taxes.Payment by CONTRAC'IOR .. ......... .........6.15
TC"'mcal 0aIa-
Umited Reliance by COl'c'TRACTOR ............... 4.2.2
Possible Price and Tunes Adjustments .............. 4.2.6
Reports of Differing Subsurface and
Physical Conditions .............................. 4.2.3
Temporary constrUction facilities ........................ 4.1
Termination-
by CON1'RACTOR ................................. 15.5
by OWNER ............................... 8.8. 15.1-15.4
of ENGINEER's employment........ ...........".... 8.2
Suspension of Work.in gener:al ........... . . . .. .. .. . ... "
Terms and Adjec:Uvcs .................................. 3.4
Tests and Inspections-
11
e
)
Aniele or Paragraph
. Number
.Ac::ess to the Work.. by othen ...................... 13.2
CONTRACI'OR's responsibilities .................... 13.5
cost of ......... .. . . . . .. .. .. ...:. . .. .. '. . . . . . . . . .. ... 13.4
covering Work. prior to ......................... 13.6-13.7
Laws and Regulations (or) .......................... 13.5
Notice of Defcc:is ................................... 13.1
OWNER May Stop Work. .......................... 13.10
OWNER's independent testing ...................... 13.4
spe..."iaI, requir= by ENGINEER ..................... 9.6
timely notice required ............................... 13.4
Uncovering the Work. at ENGINEER.s
request .................................... 13.8-13.9
Tunes-
~justing ............................................6.6
Change of Contract ................................... 12
~j~ng ............................................6.6
~~pu~on of ...........~,........................ 17.2
~ntract Times--deftnition of ....................... 1.12
day.............. ............. .................... .17.72
MIlestones ........................................... 12
Requirements-
appeals .......................................... 16
clarifications. claims and
dispuEcs .............................9. J I, 11.2. J2
commencement of contract times ................... 2.3
pn:construc:tion conferenc:: ......................... 2.8
schedules ................................. 2.6, 2.9. 6.6
sCUting the Work .................................. 2.4
Tide, 'WarTanty of ..................................... J4.3
Uncovering Work. ................................ 13.8-13.9
Underground Facilities. Physical Conditions-
dctinition of ........................................ J .41
Not Shown or Indic:ated ............................ 4.3.2
protection of ................................... 4.3. 6.20
Shown or Indic:ated ................................ 4.3.1
Unit Price Work-
claims ............................................ t 1.9.3
definition of ........................................ t .42
genCral ................... ............... 11.9. 14.J, 14.S
Unit Prices-
aeueral ........................................... t J .3.1
Determination for ................................... 9.10
Use of Premises ........................ 6.16.6.18.6.30..2.4
Udlityownc:n ...................... 6.J3. 6.20. 7.J-7.3. J3.2
)
e
Anic/e or Paragraph
Number
Utilization. Partial ............... 1.28, 5.IS. 6.30. 2.4. 14.10
Value of the Work. ............... ..................... 1 J.3
Values, Schedule of ....................... 2.6,2.8-2.9. 14.1
Variations in Work-Minor
Authorized ................................ 6.2S. 6.27. 9.5
Visits of Site-by ENGINEER ......................... 9..2
Waiver of Claims~n Final
Payment ........................................... 14. JS
Waiver of Rights by insured panies ...... ......... 5.11. 6.11
Warranty and Guarante:. General-by
CONTRACTOR .................................... 6.30
Warranty of Title. CONTRACTOR's ................... J4.3
Work- .
Ac:cess to ........................................... 13..2
by others, .............................................7
Changes in the ....................................... 10
~ntinuing the. ................... . .. .. .. . .. .. .. . ... 6.29
CONTRACTOR May Stop Work
or Tenninate ................................... 15.5
Coordination of ...................................... 7.4
Cost of the .........................:........... 11.4-1 J.5
definition of ........................................ 1.43
neglected by CON'TRACI'OR ...................... 13. J4
other Work ............................ ......... .......7
OWNER May Stop Work .......................... 13.10
OWNER May Suspend Work ................. 13.10. 1$.1
Related. Work at Site............................. 7.1-7.3
Sraning the .......................................... 2.4
Stopping by CONTRACI'OR ........................ 15.5
Stopping by OWNER .......................... 15.1-15.4
Variation and devialion authorized.
minor...........................................3.6
Work Change Directive-
claims pursuant to .................................. JO..2
definition of .............................. .......... 1.44
princijnl references to .................... 3.5.3. JO.I-10.2
Written Amendment-
definition of ........................................ 1.4$
principal references to ... 1.10, 3.5. 5.10, 5.12. 6.6.2. 6.8.2.
6.J9. 10.J, 10.4, 11.2, 12.J, 13.12.2. 14.i.!
Written Clarifications and
Interprerarions ........................... 3.6.3, 9.4. 9.11
Written Notice Required-
by CO~1RACTOR ........ 7.1. 9.1~9.1I, 10.4, 11.2. 12.1
by OWNER....................9.1~9.1I, 10.4.11.2, 13.14
12
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GENERAL CONDITIONS
-ARTlCLEI--DEFTiNr.nONS
Wherever used in these General Conditions or in the other
CoDUact Documents the roUowing terms have the meanings.
indicalCd which arc applicable to both the singular and plural
thereor:
1.1. Addend4-- Written or graphic instruments issued prior
to the opening of Bids which clarify. correct or change the
Bidding Requirements or the Contract Documents.
1.2. Agreement--The written contract between OWNER
and CONTRACTOR covering the Work to be perfonned; other
Contract Documents arc anached to the Agreement and made
a part thereof as provided th.c:rein.
1.3. Applicationfor payment--The ronn accepted by EN-
GINEER which is to be used by CONTRACTOR in requesting
progress or final payments and which is to be ac:compinied by
such supporting documentation as is required by the Contract
Documents.
).
1.4. Asbestos--Any material that contains more than one
percent 'asbestos and is friable or is releasing asbestos fibers
into the air above current action levels established by the
United Stales Occupational Safety and Health Administration.
1.5. Bid'-- The offer or proposal of the bidder submitted on
the prescribed form setting forth the prices for the Work to be
performed.
1.6. Bidding Documents--The advertisement or invitation
to Bid. instructions to bidders. the Bid rorm. and the proposed
Contract Documents (including all Addenda issued prior to
receipt of Bids). .
1.7. Bidding Requiremenu--The advertisement or invita-
tion to Bid. instructions to bidders. and the Bid fonn.
1.8. Bonds-Performance and Payment bonds and other
instruments oC security.
1.9. Change Order-A document recommended by ENGI-
NEER. which is signed by CONTRAC'IOR and OWNER and
authorizes an addition. deletion or revision in the Work. or an
ad"jUSUDent in the Contract Price or the Contract Tunes. issued
on or after. the Erective Date of the Agreement.
. )
....:.
1.10. Contract DoClUftents--The Agreement. Addenda
(which pertain to the Contract Doc:uments). CONTRACTOR's
Bid (iacluding documentalion accompanying the Bid and any
post Bid documentation submitted prior to the Notice oC
Award) when attached as an exhibit to the Agreement. the
Notice to Proceed. the Boads. these Geaeral Conditions. the
Supplementary Conditions. the Specificalions and the Draw-
iap as the same arc more specifically identified in the Asr=-
e
ment. together with all Written Amendments. Change Orders.
Work Change Directives. Field Orders and ENGINEER's
written interpretations and clarific::uions issued pursuant to
paragrapbs 3.5. 3.6.1, and 3.6.3 on or after the Effective Date
or the Asr=menL Shop Drawing submittals approved pursu-
ant to paragraphs 6.26 and 6.rJ and the reports and drawings
referred to in paragraphs 4.2.1.1 and 4.2.2.2 are not Contract
Documents.
1.11. COnlract Price--The moneys payable by OWNER to
CONTRACTOR for completion of the Work in ac::ordancc
with the Contract Documents as swed in the Agreement
(subject to the provisions of par.lgraph 11.9.1 in the case of
U nit Price Work).
1.12. Contract Tunes--The numbers of days or the dates
swed in the Agreement: (i) to achieve Substantial Completion.
and (ij) to complete the Work so that it is ready for final
payment as evidenced by ENGINEER's wrinen recommenda-
tion or final payment in accordance with paragraph 14.13.
1.13. CONTRAClOR-The person. firm or corporation
with whom OWNER has ente:'ed into the AgrcemenL
1.14. d~f~ctive-An adjective which when modifying the
word Work refers to Work that is unsatisfactory. faulty or
deficient. in that it does not conform to the Contrac:t Docu-
ments. or does not meet the requirements of any inspection.
reference standard. test or approval referred to in the
Contract Documents. or has been damaged prior to ENGI~
NEER's recommendation of final payment (unless responsi-
biIityfor the protection thereofhas been assumed by OWNER
at Substantial Completion in accordance with paragraph 14.8
or 14.10). .
US. Drawings-The drawings which show the scope.
extent and character of the Work to be furnished and per-
fonned by CONTRACTOR and which have been prepared or
approved by ENGINEER and are referred to in the Contract
Documents. Shop drawings arc not Drawings as so defined.
1.16. Efftctivt Datt o/tht Agrttmtnt--The date indic:atCd
in the Agreement on which it becomes eft'caive. but if no sucb
date is indicalCd it means the date on which the Agreement is
signed and delivered by the last of the two parties to sign and
deliver.
1.17. ENGINEER--The person. linn orcorporaJion named
as such in the Agreement.
1.18. ENGINEER's COlUulzant--A person. finD or corpo-
ration having a conb'act with ENGINEER to furnish services
as ENGINEER's independent professional asso.-i:ll,,. or con-
sultant with respect to the Project and who is identified as such
in the Supplemenl3ly Conditions.
1.19. Field OrtUr-A written order issued by ENGINEER
which orders minor cbanges in the Work in acc:ordance widl
paragraph 9.5 but which does not involve a change in the
Contract Price or the Contract Tunes.
13
e
1.20. G~n~ral R~quir~l7'Ients-Scctions of Division I of the
Specifications.
.
1.21. Ha;.ardous Waste-The tenn Hazardous Waste shall
have the meaning provided in Section 1004 of the Solid Waste
Disposal Act (42 USC Section 69(3) as amended from time to
time.
1.22. lAws and R~::ulations: lAws or Reguilllions-Any
and an applicable laws. rules. regulations. ordinances. codes
and orders of any and all governmental bodies. agencies.
authorities and courts having jurisdiction.
1.23. Liens-Uens. charges. security interests or encwri-
br3nccs upon n::lI property or personal property.
1.24. Milestone-A principal event specified in the Con-
tract Documents relating to an intcrmediate completion date or
time prior to Substantial Completion of all thc Worle..
,1.25. Notice of A ward-The wrinen no tic: by OWNER to
the apparent successful bidder stating that upon compliancc by
the apparent successful bidder with the conditions precedent
enumer.ued therein. within the timc specilied. OWNER will
sign and deliver the AgrcemcnL
')
1.26. Norice to Proceed-A written noaccgiven by OWNER
to CONTRACTOR (with a copy to ENGINEER) lixing the
dale on which the Contract Tunes will commencc to run and on
which CONTRACTOR shaD SWl to perform CONTRAC-
TOR.s obligations undcr the Contract Documents.
1.27. OWNER-The public body or authority. corpora-
tion. association. firm or person with whom CONTRACI'OR
has entcred into the Agreement and for whom the Work is to be
provided.
1.28. Partial Urilization-Use by OWNER of a substan-
tiaDy completed part of the Work for the purpose for which it is
intcnded (or a related purpose) prior to Substantial Complction
of aD the Work.
1.29. PCBs-Polychlorinated biphenyls.
1.30. Petroleum-P=rroleum. including crude oil or any
f'raction thereof which is liquid at standard conditions of
temperature and pressure (60 degre:s Fahrenheit and 14.7
pounds per square inch absolute). such as oil. peuolewn. fucl
oil. oil sludge. oil refUse. gasoline. kerosene. and oil mixed with
other non-Hazardous Wastcs and crude oils.
1.31. Project-The total consuuction of which the Work to
be provided under the Contract Documents may be thc wholc.
or a part as indicated elsewhere in thc Contract Documents.
)
\...... .
1.32. &dioacnve Maurilll-Sourc:. special nucl=r. or
byproduct malerial as defined by the Atomic Energy Act of
19S4 (42 use Section 2~11 ct seq.) as amended from time to
time.
e
1.33. Resident Project RepreselUative- The authorized
representative of ENGINEER who may be assigned to the sitc
or any pan ~hereof.
1.34. Samples-Physical examples of materials. equipment.
or workmanship that are represenwive of some portion of the
Work and which establish the standards by which such portion
of the Work WIll be judged.
1.35. Shop Drawings-All drawings, diagrams. musua-
lions. schedules and other data or information which are
specifically prepared or assembled by or for CONTRACTOR
and submitted by CONTRACTOR to illustrate some portion of
the Work.
1.36. Sptcijications-Those portions ofthc Contract Doc:-
uments consisting of wrinen technical descriptions of malCri-
a1s. equipmcnt. construction systems. standards and workmao-
ship as applied to thc Work and certain adminisuative derails
applicable thereto.
1.37. $ubcontraclor-An individual. firm or corporation
having a direct contract with COt-o.'TRACI'OR or with any
other Subcontractor for the perfonnance of a part of the Work
at the site.
1.38. SubsranriDl Complerion-The Work (or a speciiied
part thereof) has progressed to the point where. in the opinion
of ENGINEER as evidenced by ENGINEER's dcfinitive
certificate of Substantial Completion. it is sufficiently com-
plctc. in ac:ordance with the Contract Doc:uments. so that the
Work (or specified part) can be uulized for thc purposes for
which it is intcnded; or if no such certificate is issued. when the
Work is complete and ready for final payment as cvidenc::d by
ENGINEER's wrinen recommendation of final payment in
accordance with paragraph 14.13. The terms "substantiaDy
completc" and "substantially completed" as applied to all or
part of the Work refer to Substantial Completion thereof.
1.39. Supplementary Conditions-The part of the C.ontract
Documents which amends or supplements these General C0n-
ditions.
1.40. Supplier-A manufacture:. fabricator. supplier. dis-
tnDutor. materialman or vendor having a direct contract with
eON'nACTOR or with any Subcontractor to furnish materi-
als or equipment to be incorporated in thc Work by eON-
TRACI'OR or any Subcontractor.
1.41. Underground Faci1ities-AJI pipelines. conduits. ducts.
cables. wires. manholes. vaults. tanks. tunncls or other such
faCIlities or aaachments. and any encasements containing such
f'aC1lities which have been instal1ed undcrground to furnish any
of the fOllowing services or materials: electricity. gases, steam.
liquid petroleum products. telephone or other communica-
tions. cable television. sewage and drainage removal. traiIic or
other control systems or water.
1.42. Unit Price Work-Work to be paid for on the basis of
unit prices.
14
e
1.~3. Work-The entire completed constrUction or the var-
ious separately identifiable partS thereof required to be fur-
nished under the ContnlCt DocumenlS. Work includes and is
#le !":Suit of perfonning or furnishing labor and furnishing and
incorporating nwerials and equipment into the constrUCtion.
and perfonning or furnishing services and furnishing docu-
menlS. all as required by the ContraCt Doc:umenlS.
1.44. Work C1umge Direcnlle-A written direc:tive to CON-
TRACTOR. issued on or after the Effective Dale of the
Agre:mcnt and signed by OWNER and recommended by
ENGINEER. ordCrlng an addition. deletion or revision in the
Work. or ~nding to differing or unforeseen physical condi-
tions under which the Work is to be perfonned as provided in
paragrapb 4.2 or 4.3 or to emergencies under paragraph 6.23. A
Work Change Directive will not change the ContraCt Price or
the Contract Times, but is evidence that the parties expect that
the change dim:ted or documented by a Work Change Dim:-
tive will be incorporated in a subsequently issued Change
Order ro11owing negotiations by the parties as to its cft'ect. if
any, on the Contract Price or Contract Tunes as provided in
pangrapb 10.2.
1.45. Written AmendIMnl-A written amendment of the
Contract Documents. signed by OWNER and CONTRACTOR
on or after the Effective Date of the Agreement and nonnally
dealing with the nonenginc:c:ring or nontechnical rather than
saictly constrUction-relaled aspects of the ContnCt Docu-
menlS.
',)
AImCLE 2-PRELlMlNARY MAnERS
~ ofBotub:
2.1. When CONTRACTOR delivcn the executed Agree-
ments to OWNER. CONTRAC'IOR shall also deliver to
OWNER such Bonds as CONTRACIOR may be required to
furnish in accordance with paragraph 5.1:
OJpia of DGCrI1IInItS:
2.2. OWNER shall furnish to CON'TRACTOR up to ten
copies (unless otherwise specified in the Supplementary Con-
ditions) of the Contract OocumenlS as are reasonably neces-
sary for the execution of the Work. Additional copies WI'I be
furnished. upon request. at the cost of reproduc:don.
~1It of ContnM:t rllllG; NOIiu III Procted:
.....)
2.3. 1be Contrxt TlDtcs will commence to nm on the tbini-
em day aflcT the Eft'ecrive ~ of the Apccmenl. or; if a Notice
ro Proceed is sivcn. on Ehe day indic:alcd in the Notice to Proc=d.
A Notic: ro Proc=d may be given at any time within rbiny days
afrcr the Effective Dare of the Asr=mcnL In no event will the
e
Contm:t Times commence to run later than the sixtieth day after
the day of Bid opening or the thirtieth day after the Effective Dale
of the Agreement. whichever dale is c:uiier.
Slllrting 1M Work:
2.4. CONTRACTOR shall start to pertonn the Work on the
date when the Cont1'3ct Tunes commence to run. but no Work
shall be done at me site prior to the date on which the ConEraCt
Times commence to run.
Before SlIIning ColUlnll:dDn:
2.5. Before undertaking each part of the Work. CON-
TRACTOR shall carefully swdy and compare the Contract
Documents and check and verify pertinent figures shown
thereon and all applicable field measurements. CONTRAC-
TOR shall promptly report in writing to ENGINEER any
conflict. error. ambiguity or discrepancy which CON1'RAC-
TOR may discover and shall obtain a written interpretation or
c1arification from ENGINEER before proceeding with any
Work affected thereby; however, CONTRACI'OR shall not be
liable to OWNER or ENGINEER for fai)ure to report any
conflict. error. ambiguity or discrepancy in the ConEraCt Doc-
uments. unless CONTRACI'OR knew or reasonably should
have known thereof.
2.6. Within ten days after the Effective Date of the Agree-
ment (unless otherwise specified in the General Requirements).
CONTRAC'I'OR shall submit to ENGINEER for review:
2.6.1. a preliminary progress schedule indic:aDng the
times (numbers of days or dates) for srardng and completing
the various stagcs of the Work. including any Milestones
specified in the Contract Documents;
2.6.2. a preliminary schedule of Shop Drawing and Sam-
ple submittals which will list each required submittal and the
times for submitting, reviewing and processing such submit-
tal;
2.6.3. a preliminary schedule of values for 'all of the
Work which WIll include quantities and prices of items
agregating the Conuac:t Price and will subdivide the Work
into component parts in sufficient detal' to serve as the basis
for progress payments during construction. Such prices wm
include an appropriate amount of overhead and profit appli-
cable to each item of Work.
2.7. Before any Work at the site is started. CONTRACTOR
and OWNER shall each deliver to the other. with copies to
each additional insured identified in the Supplementary Condi-
tions. certificatcs ofinswance (and other evidence ofinsuranc:c
which either of them or any additional insured may reasonably
request) which CONTRACTOR and OWNER respectively are
required to purchase and maintain in accordance with para-
graphs 5.4. 5.6 and 5.7.
Pr<<onstrrll:litJn ClJnfereru:e:
2.8. Within twenty days after the Contract Tunes start to
run. but before any Work at the site is started. a conference
IS
e
altI:nded by CONTRACTOR. ENGINEER and others as ap-
propriate wlll be held to establish a working understanding
-among the panies as to the Work and to discuss the schedules
referred to in paragraph 2.6. procedures for handling Shop
Dr.lwings and other submittals. processing Applic::uions for
Payment and maintaining required records.
lniIitz/ly Ao:qtD!J14 S~:
).
2.9. Unless otherwise provided in the ConU'ac:t Docu-
ments, at least ten days before submission of the first Applica-
tion for Payment a conference attended by CONTRACIOR,
ENGINEER and others as appropriate wlll be held to review
for ac:eptabJlity .0 ENGINEER as provided below'the sched-
ules submitted in accordance with paragraph 2.6. CONTRAC-
TOR sha11 have an additionaJ ten clays to make corrections and
adjustments and to complete and resubmit the schedules. No
progress payment shaJl be made to CONTRACTOR until the
schedules arc submitted to and acceptable to ENGINEER as
provided below. The progress .schedule wlll be acc:cptable to'
ENGINEER as providing an orderly progression of the Work
to completion within any specified Milestones and the Contract
Times. but such acceptance wlll neither impose on ENGI-
NEER responsibility for the sequencing. scheduling or progress
ot"the Work nor interfere with or relieve CONTRACIOR from
CONTRACTOR's full responsib11itytherefor. CONTRACTOR's
~edule ot" Shop Drawing and Sample submissions wlll be
acceptable to ENGINEER as providing a workable arrange-
ment for reviewing and processing the required subminaJs.
CONTRACTOR's schedule ot" values wlll be acceptable to
ENGINEER as to form and substance.
ARTICLE 3--CONTRACT DOCUMENTS: INTENT.
AMENDING. REUSE
IIIIDIt:
3.1. The Contract. Documents comprise the entire agree_
ment between OWNER and CONTRACTOR conc:cming the
Work. The Contract Documents are complemenrary; what is
called for by one is as binding as if called for by aJl. The
Contract Documents will be construed in accordance with the
law of the place of the Project.
.)
3.2. It is the intent of the Contract Documents to describe
a f'unctjonaJJy complete Project (or part thereof) to be con-
SUfu:Zed in acc:oi'dance with . the Contract Documents. Any
Work. mareria1s or equipment that may reasonably be inferred
iom the Contract Doc:uments or from prevailing custom or
trade usage as being required to produce the intended result
wiD be fUrnished and performed whether or not specificaDy
caDed for. When words or phrases which have a weD- known
t~nicaJ or construction industry or trade meaning arc used to
describe Work, materials or equipment. such words or'phrases
sbaD be interpreted in accordance with that meaning. Carifi-
'-
e
calions and interpretations of lhe Contract Documents shaJl be
issued by ENGINEER as provided in paragraph 9.4.
3.3. Re/~a tIJ SIDnIlart/s and Spedjicrzlions 01 Techniazl
Socittiu; Reponing and Ruolving DiscnptUU:iG:
3.3.1. Reference to standards, specifications, manuals or
codes of any technic:aJ society. orpnization or ~r:ion.
or to the Laws or Regulations of any governmental authority.
whether such reference be specific or by implicar:ion, shaJJ
mean the latest standard. specification, manual. code or
Laws or Regulations in effect at the time of opening ot" Bids
(or. on the E1fcctive Date of the Agreement if there were no
Bids). except as may be otherwise specifically stated in the
Contract Documents.
3.3.2. If, during the performance of the Work. CON-
TR.o\CIOR discovers any conflict. error, ambiguity or dis-
crepancy within the Contract Documents or between the
Contract Doc:uments and any provision of any such law or
Regulation applicable to the ~rfonnance of the Work or of
any such standard, specification. manuaJ or code or of any
instruction of any Supplier referred to in paragraph 6.5,
CONTRACTOR shaJl report it to ENGINEER in. writing at
once. and, CONTRACroR shaJl not proceed with the Work
affected thereby (except in an emergency as authorized by
paragraph 6.13) unlll an amendment or supplement to the
ConU3Ct Documents has been issued by one of the methods
indicated in paragraph 3.5 or 3.6; provided. however, that
CONTRACTOR shaJl not be liable to OWNER or ENGI-
NEER for failure to report any such conflict, error, ambigu-
ity or cflSC:n:pancy unless CONTRACTOR knew or reaso~
ably should have known thereof.
3.3.3. Except as otherwise specifically stated in the
Contract Doc:uments or as may be provided by amendment
or supplement thereto issued by one of the methods indi-
cated in paragraph 3.5 or 3.6, the provisions of the Contract
Documents shall lake precedence in resolving any conflict.
error. ambiguity or discrepancy between the provisions of
the Conaaa Documents and:
3.3.3.1. the provisions of any such standard, speci-
fication. manual, code or instruction (whether or not
specific:aJly incorponued by reference in the Contract
Documents); or
3.3.3.2. the provisions of any such laws or Regu-
lations applicable to the perfonnance of the Work
(unless such an interpretation of the provisions of the
Conuaa Documents would result in violation of such
Law or Regulation).
No provision of any such standard. specification, manual,
code or iusiruction shaJl be effective to change the duties and
responsibiIitiesofOWNER. CONTRACT'OR or ENCiINEER.
or any of their subcontractors. consultants. agents, or em-
ployees from those set forth in the Conaac:t Documents. nor
shaJl it be effective to assign to OWNER. ENCiINEER or
any ofENCiINEER's Consultants. agents or :mployees any
duty or authority to supervise or direct the furnishing or
16
e
performance of the Work or any duty or authority to under.
aUce responsibility inconsistent with the provisions of para-
e gnaph 9.13 or any other provision of the Contract Docu-
ments.
3.4. Whenever in the Contract' Documents the terms "as
ordered:' "as directed:' "as required:' "as aJlowed:' "as
approved" or terms of like effect or import are used, or the
adjectives "reasonable:' "suitable:' "acceptable:. "proper"
or ..satisfactory" or adjectives of like eft'ect or import arc
used to describe a requirement. direction, review or judg-
ment of ENGINEER as to the Work, it is intended that such
Rquirement. direction. review or judgment will be solely to
evaluate. in general. the completed Work for compliance
with the Rquirements of and information in the ConU'ac:t
Documents and conformance with the design concept of the
completed Project as a functioning whole as shown or
indicated in the Contrac:t Documenu (unless there is a
specific statement indicating otherwise). TIle use of any such
term or adjective shaJl not be" effective to assign to ENGI-
NEER any duty or authority to supervise or direct the
furnishing or performance 9f the Work or any duty or
authority to undertake responsibility contrary to the provi- .
sions ot" paragraph 9.13 or any other provision of the
ContMlCt Documents.
AInauIiar tmd Supplcm.en1inr ColIIITII:t DtJaIIJIDIIS:
)
3.5. The Contract Documents may be amended to provide
for additions, deletions and revisions in the Work or to modify
the tenDS and conditions thercofin one or more of the following
ways:
3.5.1. a formal Written Amendment,
3.5.2. a Change Order (pursuant to paragraph 10.4). or
3..5.3. a Work Change Directive (pursuant to
pangraph 10.1).
3.6. In addition, the requirements of the Contract Docu.
ments may be supplemented, and minor variations and devia-
dons in the Work may be authorized, in one or more of the
following ways:
3.6.1. a Field Order (~t to paragraph 9.5),
3.6.2. ENGINEER's approval of a Shop Drawing or
Sample (pursuant to pangraphs 6.26 and 6.27). or
3.6.3. ENGINEER.s written interpretation or clarifica-
tion (pursuant to paragraph 9.4).
Ra.tI/~
)
3.7. CONTRACTOR. and any Subcontractor or Supplier
or other person or orpnizaDon performing orfumishing any of
the Work under a direct or indirect conaact with OWNER (i)
shaD not have or acquir: any tide to or ownership righu in any
-.'
e
of lhe Drawings. Specifications or other documents (or copies
of any thereoO prepared by or bearing the seal of ENGINEER
or ENGINEER's Consultant. and (ij) shaJl not reuse any of
such Drawings, Specifications. other documents or copies on
extensions of the Project or any other project without written
consent of OWNER and ENGINEER and specific wriucn
verification or adaption by ENGINEER.
ARTICLE 4-AVAILABIUTY OF LANDS;
SUBSURFACE AND PHYSIC"L
CONDmONS; REFERENCE POINTS
Awz:iIlzbilily of Ltzn4s:
4.1. OWNER shall furnish, as indic:a.ted in the Contr.ICt
Documents. the lands upon which the Work is to be performed.
rights-Of-way and e:!:;ements for access thereto. and such other
lands which arc designated for the use ot" CONTRACIOR.
Upon reasonable written request, OWNER shall furnish CON-
TRACTOR with a co",e::t statement of record legal title and
legal description of the lands upon which the Work is to be
performed and OWNER's interest therein as nec:ssary for
giving notice of or filing a mechanic's lien against such lands in
acccrdance wilh applicable Laws and Regulations. OWNER
shall identify any enc:umbr.mces or restrictions not of general
application but specifically n:lated to use of lands so f'umished
with which CONTRACTOR will have to comply in performing
the Work. Easements (or permanent structures or permanent
changes in existing f'aaiities WIll be obcaincd and paid for by
OWNER. unless otherwise provided in the ConC"aCt Docu-
menu. IrCONTRACTQR and OWNER arc unable to agre= on
entitlement to or the amount or extent of any adjustmenu in the
ContraCt Price or the Contract Times as a result ot" any delay in
OWNER's furnishing these lands, rights-ot"-way or easements,
CONTRACTOR may make a claim therefor as provided in
Articles 11 and 12. CONTRACTOR shall provide for all
additional lands and aC""..:ss thereto that may be required for
temporary .construction f'acilities or storage of materials and
cquipmcnL
4..1. SuJmuf=e tIIUl p~ ColllliliDns:
4.2.1. Repons and Drawings: Reference is made to the
Supplementary Conditions for identification of:
4.2.1.1. SubsurfllC~ Condilions:TIlose reports ofexplo-
rations and tests of subsurface conditions at or contiguous to
the site that have be-..n utilized by ENGINEER in prcpariag
the ContraCt Documents; and
4.2.1.2. Plrysicm ConJjzions: Those drawings ot" physic::LI
canditions in or rcIating to existing surfac: or subsurface
suuctUres at or contiguous to the site (except Undergrouad
FaClities) dial have been un1ized by ENGINEER in p~
ing the Contract Documents.
17
e
4.2.2. Limiled Rtlimrce by CONTRACTOR AUlhoriz.ed:
Technical Dala: CONTRACIOR may rely upon the general
ac::uracy of the "technical c1ata" contained in such reports and
· drawings, but such reports and dmwings are not ConU'ac:t
Documents. Such "technical data" is identified in the Supple.
mentary Conditions. Except for such reiiance on such "tech-
nical eIata." CONTRACIOR may not rely upon or make any
claim against OWNER. ENGINEER or any of ENGINEER's
Consultants with respect to:
4.2.2. J . the completeness of such reports and drawings
for CONTRACTOR's purposes. including. but not limited
to. any aspects of the means. methods. techniques, se-
quences and procedures of construction to be employed by
CONTRACTOR and safety precautions and programs inci-
dent thereto, or
4.2.2.2. other data. interpretations, opinions and infor.
mation contained in such reports or shown or indicated in
such drawings. or . -
4.2.2.3. any CONTRACIOR interpretation ot" or conc:lu-
sion . drawn from any "technic:aJ c1ata" or any such data.,
interpretations, opinions or information.
4.2.3. Notice of Differing Subsurface or Physical Condi-
tions: If CONTRACTOR believes that any subsurface or
physic:aJ condition at or contiguous to the site that is uncovered
or rcvcaJed either:
')
4.2.3.1. is of such a nature as to establish that any
..technic:aJ data" on which CONTRACIOR is entitled to
. rely as provided in paragraphs 4.2.1 and 4.2.2 is materially
inaccurate. or
4.2.3.2. is of such a nature as to require a change in the
Contract Documents. or
4.2.3.3. differs malerially from that shown orindicatcd in
the Contract Documents. or
4.2J.4. is of an unusual nature. and diff'en materially
t"rom conditions ordinanly encountered and generally rcc:og-
nized as inherent in work of the character provided for in the
Contract Doc:uments; then
CONTRACI'OR shall. promptly after becoming aware thereof
and before further disturbing conditions affec:ted thereby or
perfomUng any Work in coMccUon therewith (except in an
emergency as permitted by paragraph 6.23), notify OWNER
and ENGINEER in writing about such condition. CONTRAC-
TOR shall not further disturb such conditions or perform any
Work in COMedian therewith (except as af'orcsaid) UDal re-
ceipt of written order to do so. .
-)
.......
4.2.4. ENGINEER's Review: ENGINEER will promptly
review the pertinent conditions, determine the necessity ot"
OWNER's obtaining additionaJ exploration or tesU with re-
spect thereto and advise OWNER in writing (with a copy to
CONTRACTOR) ot" ENGINEER's findings and conc:tusions.
e
4.2.5. Possible CONTact Documenls Change: If ENGI-
NEER concludes that a change in the ConU'ac:t Documents is
required as a result of a condition that meets one or more of the
Cllegories in paragraph 4.2.3.. a Work Change Dir=:Uve or a
Change Order WIll be issued as provided in Anicle 10 to rcftect
and document the consequenc:s of such change.
4.2.6. Possible Price and Tunts Adjustments: An equitable
adjustment in the Contract Price or in the Contract Times. or
both. will be allowed lO the extent that the existence of such
uncovered or revealed condition causes an inc:rcase or de-
crease in CONTRACIOR's cost of. or time required for
perfonnance of. the Work; subject, however. to the following:
4.2.6.1. such condition must meet anyone or more of the
categories described in paragraphs 4.2.3.1 through 4.2.3.4.
inclusive;
4.2.6.2. a change in the Contract Documents pursuant to
paragraph 4.2.5 WIll not be an automatic authorization of nor
a condition precedent to entitlement to any such adjustment:
4.2.6.3. with respect to Work that is paid for on a Unit
Price Basis. any adjustment in Contract Price wtll be subject
to the provisions of paragraphs 9.10 and 11.9; and
4.2.6.4. CONTRACIOR shaJl not be entitled to any
adjustment in the Contract Price or nmes if;
4.2.6.4.1. CONTRACI'OR knew of the existcnc: 0(
such conditions at the time CONTRACTOR made a finaJ
commitment to OWNER in respect of Contract Price and
Contract TlfDes by the submission of a bid or becoming
bound under a negotiated contract; or
4.2.6.4.2. the existence of such condition could rea-
sonably have been discovered or revealed as a result of
any examination. investigation. exploration. test or study
of the site and contiguous areas required by the Bidding
Requirements or Contract Documents to be conducted by
or for CONTRACTOR prior to CONTRAcroR's making
such finaJ commitment; or .
4~6.4.3. CONTRACTOR failed to give the wriaen
notice within the time and as required by paragraph 4.2.3.
If OWNER. and CO)\. ':-RACI'OR are unable to agree on
entitlement to or as to the amount or length of any such
equitable adjustment in the Contract Price or Contract Tunes,
a claim may be made thcrcforas provided in Articles 11 and 12.
However. OWNER. ENGINEER and ENGINEER's Consult-
ants shaJI not be liable to CONTRACTOR for any c:!aims,
costs. losses or cfamag:s sustained by CONTRACTOR on or in
connection with any other project or anticipated project.
4.3. PIrysiaIl CondiJi.olU-UlIIWrroruul FadliIiu:
4.3.1. Shown Dr Indk:tlled:The infonnaDon and dalasbown
or indicated in the Contract DoauDcnts with respec:l to existiag
Undcrpnmd Fac:iliacs at or c:onbguous to the site is based on
18
e
information and data furnished to OWNER or ENGINEER by
· the owners of such Underground Facliues or by others. Unless it
is olhe:wisc: expressly provided in the Supplementary Condiuons:
4.3.1.1. OWNER and ENGINEER shall not be respon-
sible for the accuracy or completeness of any such informa-
tion or data: and
4.3.1.2. The cost of all of the following will be included in
the Contract Price and CONTRACTOR shall have full rcspon-
sioility for: (i) reviewing and checlcing aJl such information and
dam. (ii) loc:ating all Underground Facilities shown or indic::alCd
in the Contract Documents. (iii) coordination of the Work with
the owners of such Underground Facilities during constnJc:tion,
and [IV) the safety and protection of all such Underground
Fac:iJities as provided in paragraph 6.20 and repairing any
damage thereto resulting from the Work.
)
4.3.2. Not Shown 0,. Indicated: If an U ndcrground F.u:ility
is uncovered or revcaJed at or contiguous to the site which was
not shown or indicated in the Conr.ract Documents, CON-
TRACTOR shaJl. promptly after becoming aware thCl'Cof and
before further disturbing conditions affected thereby or per-
forming any Work in connection therewith (except in an
emergency as required by paragraph 6.23), identify the owner
of such Underground Faclityand give written notice to that
owner and to OWNER and ENGINEER. ENGINEER W1ll
prompdy review the Underground Facility and determine the
extent, if any, to which a change is required in the Contract
Documents to reftect and document the consequences of the
existence of the Underground Facility. If ENGINEER con-
Cludes that a change in the ContraCt Documents is required, a
Work Change Directive or a Change Order WIll be issued as
provided in Article 10 to reflect and document such conse-
quences. During such time, CONTRACIOR shaJl be ~n-
sible for the safety and protection of such U ndcrground F.u:thty
as provided in paragraph 6.20. CONTRACIOR shaJI be aJ-
lowed an increase in the ContraCt Price or an extension ot" the
Contract limes. or both, to the extent that they are ann~utable
to the existence of any Underground Factlity that was not
shown or indicated in the Contract Documents and that CON-
TRACTOR did not know of and could not reasonably have
been expected to be aware of or to have anticipated. If
OWNER and CONTRACTOR arc unable to agree on enude-
mcnt to or the amount or length of any such adjusanent in
Conuac:t Price or Contract Tunes, CONTRACTOR may make
a claim theret"or as provided in Articles 11 and 12. However.
OWNER. ENGINEER and ENGINEER's Consultanu shaD
not be liable to CONTRACTOR for any claims. costs. losses or
damages incurred or sustained by CONTRACTOR on or in
connection with any other project or anticipated project.
Rcferenu pQWs:
)
4.4. OWNER shaJl provide enginccring surveys to esI3b-
&sh reference poinu for construction which in ENGINEER's
judgment arc necessary to enable CONTRACTOR to proceed
with the Worlc. CONTRACIOR shaD be responsible for laying
out the Worlc. shall protect and preserve the established
reference poinu and shaJl make no changes or relocuiollS
_.
e
withoul the prior written approval of OWNER. CONTRAC-
TOR shan report to ENGINEER whenever any reference
point is lost or destroyed or requires relocation because ot"
necessary changes in gr.uies or loc::uions. and shaJl be respon-
sible for the accur:ue replacement or relocation of such refer-
ence poinu by proCessionally quaJified personnel.
4.5. Asbestos, PCBs, Petroleum, Hazardous Waste or Radio-
active Material:
4.5.1. OWNER shall be responsible for any Asbestcs,
PCBs, Petroleum. Haz:udous Waste or Radioactive MaleriaI
uncovered or revealed at the site which was not shown or
indicw:d in Drawings or Specific:alions or identified in the
Contract Documenu to be within the scope of the Work and
which may present a subsrantial danger to pe:$Ons or property
exposed thereto in connection with the Work at the site.
OWNER shalJ not be rcspoftS\ble for any such rrwcriaJs
brpught to the site by CON1RACTOR. Subc:onuaaor, Suppli-
ers or anyone else for whom CONTRACTOR is responstble.
4.5.2. CONTRACTOR shaJl immediately: (i) stop all
Work in connection with such hazardous condition and in
anv area. affected thereby (except in an emergency as re-
quired by paragraph 6.23). and (ii) notify OWNER and
ENGINEER (and thereafter confinn such notice in writing).
OWNER shaJl promptly consult with ENGINEER conc:cm-
ing the necessity for OWNER to retain a qualified expert to
evaluate such hazardous condition or take corrective action,
if any. CONTRACTOR shaJl not be required to resume Work
in connection with such hazardous condition or in any such
affected area. until after OWNER has obtained any required
permiu related thereto and delivered to CONTRACTOR
spec:iaJ wriucn notice: (i) specifying that such condition and
any affected area is or has been rendered safe for the
resumption of Work. or (ii) specifying any speciaJ conditions
under which such Work may be resumed safely. If OWNER.
and CONTRACTOR cannot agree as to entitlement to or the
amount or extent of an adjustment, if any. in Contract Price
or Contract limes as a result of such Work stoppage or such
spec:iaJ conditions under which Work is agreed by CON-
TRACTOR to be resumed. either party may make a claim
therefor as provided in Articles 11 and 12-
4.5.3. If after receipt of such special written notice
CONTRACIOR does not agree to resume such Work based
on a reasonable belief it is unsafe. or dOes not agree to
resume such Work under such special conditions, then
OWNER may order such portion of the Work that is in
connection with such hazardous condition or in such af-
t"ected area to be deleted from the Worlc. If OWNER and
CONTRACTOR cannot agree as to entitlement to or the
amount or extent of an adjustment. if any, in Contract Price
or Contract Times as a result of deleting such portion ot" the
Work. then either party may make a claim therefor as
provided in Articles 11 and 12. OWNER may have such
deleted portion ot" the Work perfonned by OWNER's own
forces or others in accordance with Article 7.
4.5.4. To the fullest extent pennincd by Laws and Reg-
ulations, OWNER shaI1 indemnify and hold harmJcss CON-
TRACTOR. Subcontractors. ENGINEER, ENGINEER's
19
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Consultanu and the officers, directors, employees. agenu,
other consultanu and subcontractors of each and any of
them from and against aJ1 claims. cosu. losses and damages
llrising out of or resulting from such hazardous condition.
provided that: (i) any such claim. cost, loss or damage is
ann"butable to bodily injury, sickness. disease or dC3lh. or to
injury to or destruction of tangible property (other than the
Work itself), including the loss ot" use resulting therefrom,
and (ii) nothing in this subparagraph 4.$.4 shaJl obligate
OWNER to indemnify any person or entity from and against
the consequences of that person's or entity's own negli-
gence. .
4.$.$. The provisions of paragraphs 4.2 and 4.3 are not
intended to apply to Asbestos. PCBs. PetrOleum. Hazardous
Waste or Radioactive Material uncovered or revealed at the
site.
ARTICLE 5-BONDS AND INSURANCE
hrfOTI/J/#IU, PaytMlIl and OtUr Bonds:
)
5.1. CONTRAC'I'OR 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
aJI CONTRACTOR's obligations under the Contract Docu-
ments. These Bonds shaJl remain in effect at least until one
year after the date when final payment bcc:omes due, exccpt as
pro~ded otherwise by Laws or Regulations or by the ContraCt
Documents. CON'I'RACI'OR shall also furnish such other
Bonds as arc required by the Supplementary Conditions. All
Bonds shall be in the form presc:n'bed by the Contract Docu-
ments except as provided otherwise by Laws or Regulations.
and shaJl be executed by such sureties as arc named in the
c:urrcm list ot""Companjes Holding Certificates of Authority as
Acceptable Sureties on Federal Bonds and as Acceptable
ReiDsuring Companies" as published in Circular SiO (amended)
by the Audit Staff. Bureau of Government Financ:iaJ Opera-
tions, U.S. Tl'C3Sury Depanmcnt. All Bonds signed by an
8gCDt must be accom~ed by a certified copy of such agent's
authority to act.
5.2. If the surety on any Bond furnished by CONTRAC-
TOR is declared a banknlpt or becomes insolvent or iu right to
do business is terminated in any state where any part of the
Project is located or it ceases to me:t the requirements of
paragraph 5.1. CON"l'RAC'IOR shall within ten days thereafter
substitute another Bond and surety. both ot" which must be
acccpt:ablc to OWNER.
5.3. Lbnatl Sunlia and I~; CutijU:JIIG o/lllSlllflllU:
)
5.3.1. All Bonds and insuranc:: required by the Coruraet
Documents to be purchased and maintained by OWNER or
CONTRACTOR shaD be obtained from surety or insurance
e
companies that are duly licensed or authorized in the juris-
diction in which the Project is loc::lted to issue Bonds or
insurance policies for the limiu and coverages so required.
Such surety and insurance companies shaJl aJso meet such
additionaJ requirements and qualifications as milY be pro-
vided in the Supplementary Conditions.
5.3.2. CONTRACTOR shall deliver to OWNER, with
copies to each additionaJ insured identified in the Supple-
mentary Conditions. certificates of insurance (and other
evidence of insurance requested by OWNER. or any other
additionaJ insured) which CONTRACI'OR is required to
purchase and maintain in accordance with paragnph 5.4.
OWNER shaJl deliver to CONTRACTOR. with copies to
each additionaJ insured identified in the Supplementary
Conditions, certificates of insurance (and other evidence of
insurance requested by CONTRACTOR or any other addi-
tionaJ insured) which OWNER is required to purchase and
maintain in accordance with paragraphs 5.6 and S.; hereof.
CONTRACTOR's LiDbilily Insurrmc~:
5.4. CONTRACTOR shaJl purchase and maintain such
liabiiity and other insurance as is appropriilte for the Work
being performed and furnished and as wm provide protection
from claims set forth below which may arise out of or result
from CONTRACTOR's performance and furnishing of the
Work and CONTRACTOR's other obligations under the Con-
tract Documents. whether it is to be performed or furnished by
CONTRACTOR, any Subc:ontr.lCtor or Supplier. or 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 ot"
them may be liable:
5.4.1. claims under workers' compensation. disability
beneiits and other sinular employee be:lefit acts;
5.4.2. claims for damages because of bodily injury. oc-
cupational sickness or disease. or death of CO~'TRAC-
TOR's employees;
5.4.3. claims for damages because of bodily injury, sick-
ness or disease, or death of any person other than CON-
TRACI'OR's employees;
5.4.4. claims for damages insured by customary personaJ
bVury liability cOVer.lge which arc sustained: m by any
person as il result of an offense directly or indirectly related
to the employment of such person by CON1'RACI'OR. or (ii)
by any othcr person for any other reason;
5.4.$. claims for d:unages, other than to the Work iuelt.
because of injury to or destruction of tangible property
wherever loc::lted, including loss of use resulting therefrom;
and
5.4.6. claims for damages because of bodily injury or
death of any person or property damage arising out of the
ownership. maintenance or use of any motor vehicle.
20
.>
:.)
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The policies ot" insur.ance so required by this pangraph 5.4 to
be purchased and maintained shall:
.
5.4.7. with respect to insurance required by paragraphs
5.4.3 through 5.4.6 inclusive. include as additional insureds
(subject to any customary exclusion in respect of profes-
sionalliabitity) OWNER. ENGINEER. ENGINEER's Con-
sultants and any other persons or entities identified in the
Supplementary Conditions, aJl of whom shall be listed as
additional insureds. and include coverage for the respective
ofticcrs and employees of aJl such additional insureds;
5.4.8. include the specific coverages and be written for
not less than the limiu of liability provided in the Supple-
mentary Conditions or required by Laws or Regula1ions.
whichever is greater;
5.4.9. include comple~ opc~ons insurance;
5.4.10. include contraCtUal liability insurance covering
CONTRACTOR's indemnity obligations under paragraphs
6.12. 6.16 and 6.31 through 6.33;
5.4.11. contain a provision or endorsement that the
coverage afforded wm not be cancelled. materially changed
or renewal refused until at least thirty days prior written
notice has been given to OWNER and CONTRACrQR and
to each other additional insured identified in the Supplemen-
tary Conditions to whom a cenificate of insurance has been
issued (and the certificates of insunmce furnished by the
CONTRACTOR pursuant to paragraph 5.3.2 wiJ1 so pro-
vide);
5.4.12. remain in effect at least until final payment and at
. aD times thereafter when CONTRACTOR may be correct-
ing, removing or replacing defective Work in ac:ordance
with paragraph 13.12; and
5.4.13. with respect to completed operations insurance.
and any insurance coverage written on a clairns-made.basis,
remain in effect for at leaSt two years after final pa:":nent
(and CONTRACTOR shall furnish OWNER and each other
additional insured identified in the Supplementary Condi-
tions to whom a cenmcale of insuranc:: bas been issued
evidence satisf'actory to OWNER and any such additional
insured of continuation of such insurance at final payment
aud one year thereafter).
OWNER'llJability l1Ul11T11r&6:
5.5. In addition to the insur.ance required to be provided by
CONTRACTOR under par2graph 5.4, OWNER. at OWNER's
option, may purchase and maintain at OWNER's expense
OWNER's own liability insurance as WIll protect OWNER
aIaiust claims which may arise from operations under the
Contract Documenu.
hoP&d1I~
5.6. Unless otherwise provided in the Supplementary Con-
ditions, OWNER shaD purchase and maintain property insur-
e
ance upon the Work at the site in the amount of the f'uI1
replacement cost thereof (subjd to such deductible amounts
as may be provided in the Supplementary Conditions or
required by Laws and Regulations). This insurance shaJ1:
5.6.1. include the interests of OWNER. CONTRAC-
TOR. Subconuactors, ENGINEER. ENGINEER's Con-
sultanu and any other persons or entities identified in the
Supplementary Conditions, each of whom is deemed to have
an insurable inlercst and shall be listed as an insured or
additionaJ insured;
5.6.2. be written on a Bwlder's Risk "all-risk" or open
penl or special causes of loss policy form that shaJl at 1C3St
include insurance for physical loss or- damage to the Work.
temporary buildings, falsework and Work in transit and shall
insure against at 1C3St the following perils fire, lightning,
cxtended coverage. theft. vandalism and malicious mischief',
earthquake. collapse, debris removal. demolition occasioned
by enforcement of Laws and Regulations, wa1er damage,
and such other perils as may be specifically required by the
Supplementary Conditions;
5.6.3. include expenses incurred in the repair or replace.
ment of any insured property (including but not limited to
fees and charges of engineers and architects);
5.6.4. cover materials and equipment stored at the site or
at another location that was agreed to in writing by OWNER
prior to being incorporated in the Work. provided that such
materials and equipment have been included in an Applica-
tion for Payment recommended by ENGINEER; and
5.6.5. be maintained in effect until final payment is made
unless otherwise agreed to in writing by OWNER. CON-
TRACTOR and ENGINEER with thirty clays wrincn notice
to each other additional insured to whom a certificate of
insurance bas been issued.
5.7. OWNER shall purchase and maintain such boiler and
machinery insurance or additional property insUr3Dce as may
be required by the Supplementary Conditions or Laws .and
RcguIations which wiJ1 include the intercsU ot" OWNER.
CONTRACTOR. Subcontractors, ENGINEER. ENGINEER's
Consultants and any other persons or entities identified in the
Supplementary Conditions, each of whom is dccmcd to have
au insurable interest and shall be listed as an insured or
additional insured.
5.8. AD the policies of il1SUnDce (and the certificates or
other evidence thereof) required to be purchased and main-
tained by OWNER in accordance with paragraphs 5.6 and 5.7
wiJ1 contain a provision or endorsement that the coverage
aff'orded "';111 not be canc:lled or materially changed or renewal
refUsed umil at lC3St thirty days' prior written notice bas be=
given to OWNER and CONTRACTOR and to each other
additional insured to whom a certificate of insUr3Dce bas beeD
issued and will contain waiver provisions in accordance with
pangraph 5.11.
21
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5.9. OWNER shaJI not be responsible for purchasing and
maintaining any property insurance lO protect the interests of
.cONTR..~R. Subcontractors or others in the Work to lhe
extent of any deductible amounts that are identified in the
Supplemenwy Conditions. The risk of loss within such iden-
tified deductible amount, will be borne by CONTRACTOR,
Subcontnctor or others suffering any such loss and if any of
them wishes property insurance coverage within the limits of
such amounU, each may purchase and mainrain it al the
purchase:"'s own expense.
5.10. If CONTRACTOR requests in writing that other
special insurance be included in the property insul'3Dcc policies
provided under paragraphs 5.6 or 5.7, OWNER shall, ifpossi-
ble, include such insurance, and the cost thereof WIll be
charged to CONTRACTOR by appropriate Change Order or
Wriuen Amendment. Prior to commencement of the Work at
the site. OWNER shaJI in writing advise CONTRACTOR
whethe:- or not such other insurance has been procured by
OWNER.
5.11. 'Plaiw:r of Righls:
")
5.11.1. OWNER and CONTRACI'OR intend that aJl
policies purchased in accordance with pangraphs 5.6 and
5.7 will protect OWNER. CONTRACTOR. Subconuactors,
ENGINEER, ENGINEER's Consultants and aJl other per-
sons or entities identified in the Supplementary Conditions to
be listed as insureds or additionaJ insureds in such policies
and will provide primary coverage for aJllosses and damages
caused by the perils covered thereby. All such policies shall
contain provisions to the e1f'ect that in the event of payment
of any loss or damage the insurcl'S wm have no righu of
rec:overy against any of the insureds or additional insureds
thereunder. OWNER and CONTRACTOR waive all righu
against each other and their respective officers. directors,
employees and agents for all losses and damages caused by,
arising out Ot" or resulting from any of the perils covered by
such policies and any other property insurance applicable to
the Vt"ork; and. in addition. waive aJl such righu against
Subc:ontnct.ors, ENGINEER, ENGINEER's Consultants
and aD other persons or entities identified in the Supplcmen-
wy Conditions to be'listed as insureds or additional insureds
under such policies for losses and damages so caused. None
of the above waivers shall extend to the rightS that any pany
making such waiver may have to the proceeds ofinswance
held by OWNER as truSIC: or otherwise payable under any
policy so issued.
. .04.~ ~.
. 5.11.2. In addition, OWNER waives aJl rights against
CONTRACTOR. Subcontnctors, ENGINEER. ENGI-
NEER's Consultants and the officers. directors, employees
!IDd agenu of any of them. t"or:
.J
5. I 1.2.1. loss due to business interruption, loss of use
or other consequential loss extending beyond direct phys-
ical loss or damage to OWNER's property or the Work
caused by, arising out of or resulting from fire or other
periJ, whether or not insured by OWNER; and
'-.'.'
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5.11.2.2. loss or damage to the completed Project or
part thereof caused by, arising out of or resulting from fin:
or other insured peril covered by any property insurance
maintained on the completed Project or part thereof by
OWNER during partial utilization pursD:mt to par.lgI'3ph
14.10, after substantial completion pursuant to pangraph
14.8 or after final payment pursuant to paragraph 14.13.
Any insurance policy main rained by OWNER covering any
loss. damage or consequential loss referred to in this pamgraph
5.1l.:! shaJl contain provisions to the effect that in the event of
payment ot" any such loss. damage or consequentiaJ loss the
insurers will have no righu of recovery against any of CON-
TRACI'OR. Subconuactors. ENGINEER. ENGINEER's Con-
sultants and the officers. directors, employees and agents of
any of lhem.
Receipt aad AppDClfioa or Insurance 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 fiduciary for the
insureds, as their inleresu may appear. subject to the require-
ments of any applicable mortgage clause and of paragraph 5.13.
OWNER shaJl deposit in a separate account any money so
received. and shaJl distnbute it in accordance with such agree-
ment as the parties in interest may reach. If no other special
agreement is reached the damaged Worle shall be repaired or
replaced. the moneys so rcc:ived applied on a=ount thereot"
and the Work and the cost thereof covered by an appropriate
Change Order or Written Amendment.
5.13. OWNER as fiduciary shaJl have power to adjust and
settle any loss with the insurers unless one of the parties in
interest shaJl object in writing within fiftc:n clays after the
occurrence ofloss to OWNER's exercise of this power. If such
objection be made, OWNER as fiduciary shaJl make settlement
with the insurers in a=ordance with such agreement as the
parties in interest may reach. If no such agrc:ment among the
parties in interest is reached. OWNER as fiduciary shall adjust
and settle the loss with the insurers and, if required in writing
by any party in interest. OWNER as fiduciary shall give bond
for the proper perfonnanc: of such duties.
A=qtII1ICe of Botuls IIIUlI~e; OplUJIIID Rep1izu:
5.14. If either party (OWNER or CONTRACIOR) has any
objection to the covCr2ge afforded by or other provisions of the
Bonds or insurance required to be purchased and maintained
by the other party in accordance with Article 5 on the basis ot"
non-c:onformance with the Contract Documents, the objecting
party shall so notify the other party in writing within ten clays
after receipt of the certificates (or other evidence requested)
required by paragraph 2.7. OWNER and CONTRACTOR shall
each provide to the other such additional information in respect
of insurance provided as the other may reasonably request. If
either party does not purchase or maintain aJl of the Boads and
iftSW3Dce required of such party by the Contract Documents.
such party shall notify the other party in writing ot" such failure
to purchase prior to the start of the Work. or ot" such failure to
maintain prior to any change in the required coverage. Without
prejudice to any other right or remedy, the other party may
elect to obtain equivalent Bonds or insurance to protect such
other party's interests at the expense of the party who was
:!2
e
required to provide such coverage. and a Change Orrier sh:lll
be issued to adjust the Contract Price accordingly.
.
PtzrriIIl Uti1imliDn-Propeny InsurtUlce:
S.IS. If OWNER finds it necess:lJ'Y lO occupy or use a
portion or portions of the Work prior to Substantial Completion
of aJl the Work. such use or occupancy may be accompiished in
accordance with paragraph 14.10; provided that no such use or
occ:upancy shaJI commence before the insurers p"?viding the
property insurance have acknowledged notice thereof and in
writing effected any changes in coverage necessitated thereby.
The insurers providing the property insurance shall consent by
endol'SCment on the policy or policies, but the property insur-
ance shall not be cancelled or permitted to lapse on ac:ount of
any such partiaJ use or occupancy.
ARTICLE 6-CONTRACTOR '5 RESPONSIBILITIES
S~rvUiDn IIlIIl SuperinuNlence:
)
6.1. CONTRACTOR shaJl supervise. inspect and direct the
Work competently and efficiently, devoting such attention
thereto and applying such skms and expertise as may be
necessary to perform the Work in accordance with the Con-
tract Documenu. CONTRACTOR shall be solely responsible
forthe means. methods. techniques. sequen~ and prcc:::dures
ot" construction. but CONTRACI'OR shall not be responsible
for the negligence of others in the design or spec:iiic:ation of a
specific means, method, technique, sequence or prcc:::dure of
construction which is shown or indic::ucd in and ::~prcssly
required by the Contract Documents. CONTRAcroR shall be
responsible to see that the completed Work compiies accu-
rately with the Contract Documents.
6.2. CONTRACIOR shall keep on the Work at all times
during its progrc5S a competent resident superintendent. who
shaJl not be replac:ed without written notice to OWNER and
ENGINEER except under extraordinary circumstances. The
superintendent WIll be CONTRACIOR's representative at the
site and shaJl have authority to act on behalf of CO~'TRAC-
TOR. All communic::uions to the superintendent shall be as
binding as if given to CONTRACrOR.
lAbor, MIIID'iIIU II1Ul EquiplMlIl:
._)
6.3. CONTRACIORshaJl provide competent. suitably qual-
ified pcI'SOnnel to survey. layout and construCt the Work as
required by the Contract Documenrs. CONTRACTOR shaD at
aJ1 times mainlain good discipline and order at the site. Except
as otherwise required for the safety or protection of persons or
the Work or property at the site or adjacent thereto. and e:'tc:ept
as otherwise indicated in the Contr.1Ct Documenrs. all Work at
the sire shall be performed during regular w"rlcing hours and
e
CONTRAClOR will not permit overtime work or the perfor-
mance of Work on Sawrday, Sunday or any legal holiday
",ithout OWNER's written consent given after prior wriuen
notice lO ENGINEER.
6.4. Unless otherwise specified in the Gene:aJ Require-
ments. CONTRACroR sh:lll furnish and assume full respon-
sibility for all materiaJs. equipment. labor, uansporwion. con-
struction equipment and machinery, tools, appliaisces, fuel,
power. light. heat. telephone. water. sanitary f'aalities, tempo-
I"lIl'Y facilities and all other fac:llities and incidentals ncc:essary
for the furnishing. performance, testing, start-up and comple-
tion of the Work.
6.5. AU materials and equipment shaJl be ot" good quality
and new, except as otherwise provided in the Contract Docu-
ments. An warranties and guarantees specific:aJly called for by
the Speciiications shall expressly run to the benefit of OWNER.
If required by ENGINEER. CONTRACI'OR shall furnish
satisfactory evidence (including reports of required tesu) as to
the kind and quality of materiaJs and equipment. All materials
and equipment shaJl be applied, installed, connected. erected,
used. cleaned and conditioned in accordance with instructions
of the applicable Supplier, except as otherwise provided in the
Conuac:t Documents.
progrus Sdwllll4:
6.6. CONTRACTOR shall adhere to the progress schedule
established in accordance with paragraph 2.9 as it may be
adjusted from time to time as provided below:
6.6.1. CONTRACTOR shaJl submit to ENGINEER for
acceptance (to the extent indicated in paragraph 2.9) pro-
posed adjusunents in the progress schedule that will not
change the Conuac:t Times (or Milestones). Such adjust-
ments WIll conform generally to the progress schedule then
in eff'ect and additionally WIll comply with any provisions of
the General Requirements applicable thereto.
6.6.2. Proposed adjusrmcnu in the progress schedule
that WIll change the Contract Times (or Milestones) shall be
submiaed in accordance with the requirements ot" paragraph
12.1. Such adjustmcnlS may only be made by a Change
Order or Written Amendment in accordance with Article 12.
. 6.7_ Sr'~""~ tmtl "O,..Eqruzl" IM1IU:
6.7.1. Whenever an item of rrweriaJ or equipment is
specified or descn'bed in the ContnICt Documents by using
the name of a proprietary item or the name ot" a particular
Supplier. the specification or description is intended to
estabfish the type. fUnction and quality required. Unless the
specific::1tion or description contains or is followed by words
re:ufmg that no b'kc. equivalent or "or-cqual" item or ao
substitution is permitted, other items of material or equip-
mcnl or matcrial or equipment ot" other SuppUcrs may be
accepted by ENGINEER under the following c:in:umstanccs:
!3
e
.
6.7.1.1. "Or-Equal": If in ENGINEER's sole discre-
tion an item of material or equipment proposed by CON-
TRACIOR is functionally equaJ lO that named and suffi-
ciently similar so that no change in related Worlc wm be
required, it may be considered by ENGINEER as an
"or-equaJ" item, in which case revicw and approval of the
proposed item may, in ENGINEER's sole discretion. be
accomplished without compliance with some or all of the
requiremenu for acceptance of proposed substitute items.
")
6.7.1.2. Substilute Items: If in ENGINEER's sole
discretion an item of material or equipment proposed by
CONTRACTOR does not quaJify as an "or-equaJ" . item
under subparagraph 6.7.1.1. it will be considered a pro-
posed substitute item. CON1"R.ACIOR shaJl submit suffi-
cient information as provided below to allow ENGINEER
to determine that the item of malerial or equipment
proposed is essentially equivalent to that named and an
acceptable substitute therefor. The procedure for review
by the ENGINEER will include the following as supple-
mented in the General Requirements and as ENGINEER
may decide is appropriate under the circumstances. Re-
quesu for review of proposed substitute items of materiaJ
or equipment wtll not be aa:epted by ENGINEER from
anyone other than CON1"R.ACIOR. If CONTRACTOR
wishes to furnish or use a substitute item of material or
equipment, CONTRACIOR shaJI first make wrinen appli-
cation to ENGINEER for acceptance thereof. certifying
that the proposed substitute will perform adequately the
functions and achieve the results caJled for by the general
design, be similar in substance to that specified and be
suited to the same use :LS that speciiied. The application
will Stale the extent. if any, to which the evaluation and
. acceptance of the proposed substiulte will prejudice CON-
TRACIOR's achievement of Substantial Completion on
time, whether or not acceptance of the substitute for use in
the Work will require a change in any of the Contract
Documenu (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 substitutc in connection with
the Work is subject to payment of any license fee or
royalty. All variations of the proposed substitute from that
specified wtlJ be identified in the application and available
maintenance. repair and replacement service will be indi-
cued. The applic:aIion wl1l also contain an itemized esti-
mate of all cosU or credits that wm result din:c:tJy or
indin:ctly from acceptance of such substitute, inc:Juding
COsts of redesign and claims of other contractors affected
by the resulting change. aJl of which WIll be considered by
ENGINEER in evaluating the proposed substitute. EN-
GINEER may require CON1'RACTQR to furnish addi-
tional clara about the proposed substitute.
-)
6.7.1.3. CONTRACTOR's ErpetUe: AU dam. to be
provided by CONTRACTOR in support of any proposed
"or-equaJ" or substitute item w1lJ be at CONTRACTOR's
expense.
6.7.2. Substitute Construction Methods or Procedures: If a
specific means. method. technique, sequence or procedure of
e
construction is shown or indicated in and expressly required by
the Contract Documenu. CONTRACTOR may furnish or
utilize a substitute means. method. technique, sequence or
procedure of construction acceptable to ENGINEER. CON-
TR....croR shall submit sufficient infonnation to aJlow ENGI-
NEER. in ENGINEER's sole discretion. to determine that the
substitute proposed is equivaJent to that expressly c:a1led for by
the Contract Documents. The procedure for review by ENGI-
NEER will be similar to that provided in subpar3gJ"aph 6.7.1.2.
6.7.3. Engineer's Evaluation: ENGINEER wl1l be aJlowed
a reasonable time within which to evaJUate each proposal or
submiaal made pursuant to paragraphs 6.7.1.2 and 6.7.2.
ENGINEER will be the sole judge of acceptability. No "or-
equal" or substitute will be ordered. installed or utilized
without ENGINEER's prior wrinen acceptance which wtll be
evidenced by either a Change Order or an approved Shop
Drawing. OWNER may require CONTRACTOR to furnish at
CONTRACTOR's expense a speciaJ performance guarantee or
other surety with respect to any "or-equaJ" or substitute.
ENGINEER will record time required by ENGINEER and
ENGINEER's Consultants in evaJuating substitutes proposed
or submined by CONTRACIOR pursuant to pansgraphs 6'.7.1.2
and 6.7.2 and in making changes in the Contract Documents (or
in the provisions of any othcr direct contract with OWNER. for
work on the Project) occasioned thereby. Whether or not
ENGINEER ac:ccpts a substitute item so proposed or submit-
ted by CONTRACTOR. CONTRACIOR shall reimburse
OWNER for the charges ot" ENGINEER and ENGINEER's
Consultants for evaluating each such proposed substitute item.
CDIICtming SubcotUl'tldDn, Supp&n tIIUl Othus:
6.8.1. CONTRACTOR shaJl not employ any Subcon-
tractor, Supplier or other person or organiz3tion (including
those acceptable to OWNER and ENGINEER as indicated
in paragraph 6.8.2), whether initiaJly or as a substitute.
against whom OWNER or ENGINEER may have reason-
able objection. CONTRACTOR shaJI not be required to
employ any Subcontractor, Supplier or other person or
organization to furnish or perfonn any of the Work against
whom CONTRACTOR has reasonable objection.
6.8.2. If the Supplementary Conditions require the iden-
tity of certain Subcontr3Ctors. Suppliers or other persons or
organizations (including those who arc to furnish the princi-
pal items of materials or equipment) to be submitted to
OWNER in advance of the specified date prior to the
Effective Date of the Agreement for acceptance by OWNER.
and ENGINEER. and if CONTRACTOR has submitted a
list thereof in accordance with the Supplementary Condi-
tions, OWNER's or ENGINEER's acceptance (either in
writing or by failing to make wrinen objection thereto by the
date indicued for acceptance or objection in the biddinl
doc:umcnts or the Contract Documents) of any such Subcon-
tractor, Supplier or other person or organizaDon so identified
may be revoked on the basis of reasonable objection after
due investigation. in which case CONTRACTOR sbaJJ sub-
mit an acceptable substitute, the ConU2ct Price will be
adjusted by the difference in the cost occasioned by such
24
.
.>
substitution and an appropriate Change Order will be issued
or Written Amendment signed. No ac:ccpWlCe by OWNER
or ENGINEER of any such Subconlractor. Supplier or other
- pcrson or organization shall constitute a waiver of any right
of OWNER or ENGINEER to reject d~f~ct;v~ Work.
6.9.1. CONTRACTOR shaJl be fully resporwble to
OWNER and ENGINEER for aJl acts and omissions of the
Subcontractors. Suppliers and other persons and organiza-
tions performing or furnishing any of the Work under a direct
or indirect contract with CONTRACTOR just as CON-
TRACTOR is responsible for CONTRACIOR's own acts
and omissions. Nothing in the Contract Documents shaJl
create for the benefit of any such Subcontractor. Supplier or
other person or organization any conuac:tuaJ relationship
between OWNER or ENGINEER and any such Subcon-
aactor, Supplier or other person or organizalion, nor shall it
create any obligation on the part of OWNER or ENGI-
NEER to payor to see to the payment of any moneys due
any such Subcontractor, Supplier or other person or organi-
zation except as may otherwise be required by Laws and
Regulations.
6.9.2. CONTRACTOR shaJl be solely responsible for
scheduling and coordinating the Worle of Subcontractors,
Suppliers and other persons and organizations performing or
furnishing any of the Work under a direct or indirect contract
with CONTRACTOR. CONTRACTOR shall require aJl Sub-
conaactors, Suppliers and such other persons and orpniza-
tions performing or furnishing any of the Work to communi-
cate with the ENGINEER through CONTRACTOR.
6.10. The divisions and sections of the Spcc:ific:aDons and
the identifications of any Drawings shall not concrol CON-
TRACTOR in dividing ~e Work among Subconaactors or
Suppliers or delineating the Work to be peri'onned by any
specific trade.
6.11. . All Worle perfonned for CONTRAC'IOR by a Sub-
contractor or Supplier WIll be pursuant to an appropriate
agreement between CONTRACTOR and the Subcontractor or
Supplier which spec:ificaJ1y binds the Subconttactor or Supplier
to the applicable terms and conditions of the Contract Docu-
ments for the benefit of OWNER and ENGINEER. Whenever
any such agreement is with a Subcontractor or Supplier who is
listed as an additional insured on the property insurance
provided in paragraph 5.6 or 5.7, the agreement between the
CONTRACTOR and the Subcontractor or Supplier will con-
_ provisions whereby the Subcontractor or Supplier waives
all rights against OWNER. CONTRACTOR. ENGINEER.
ENGINEER's Consultants and aJI other additional insureds for
aJIlosscs and damages caused by, arising out of or resulting
from any of the perils covered by such policies and ~y other
property insurance applicable to the Work. If the insurers on
any such policies require separate waiver fonns to be signed by
any Subcontractor or Supplier, CONTRACTOR will obtain the
same.
)
'-
Pawrl Feu Gnd Rayaltiu:
6. 12. CONTRACTOR shaJl pay aJllic:cnse fees and royal-
ties and assume aJl cosu incident to the use in the performance
e
of lhe Work or the incorporation in the Work of any invention,
design, process, product or devicc which is the subject of
palent rights or copyrights held by others. If a panicular
invention, design. process, product or device is specified in the
ContraCt Documents for use in the performancc of the Work
and if lO the actual knowledge of OWNER or ENGINEER its
use is subject to patenl righU or copyrights c:al1ing for the
payment of any license fcc or royalty to others, the existence of
such righu shall be disclosed by OWNER in the ConU3Ct
Documenu. To the fullest extent permitted by Laws and
Regulations. CONTRACIOR shall indemnify and hold hanD-
less OWNER. ENGINEER. ENGINEER's Consultants and
the officers. dircctors, employees. agenu and other consultants
of each and any of them from and against a11 claims, costs,
losses and damages arising out of or resulting from any
infringement of patent rights or copyrights incident to the use in
the pcrfonnance of the Work or resulting from the incorpora-
tion in the Work of any invention, design, proc:ss, product or
device nOl specified in the Contract Documents.
Prnnils:
6.13. Unless otherwise provided in the Supplementary
Conditions, CONTRACTOR shaJl obtain and pay for aJl con-
struction permits and licenses. OWNER shall assist CON-
TRACTOR. when nec:ssary, in obtaining such permiu and
licenses. CONTRACTOR sha11 payaJl govcnuncntal charges
and inspection fees nccessary for the prosecution of the Work,
which are applicable at the time of opening of Bids, or, if there
are no Bids, on the Effective Date of the AgrcemenL CON-
TRACTOR shall pay all charges of utility owners for connc:c:-
tions to the Work. and OWNER shaJl pay a11 charges ot" such
utility owners for capital costs related thereto such as plant
invesbnent fees.
LA'WS an4 RrgultlliDns:
6.14.1. CONTRACTOR shall give aJl notices and comply
with all Laws and Regulations applicable to furnishing and
perfonnance of the Work. Except where otherwise expressly
required by applicable Laws and RcguIaIions. neilherOWN'ER
nor ENGINEER shall be respoDSlble for monitoring CON-
TRACI'OR's compliance with any Laws or Rcgularions.
6.14.2. If CONTRACTOR performs any Work knowing
or having reason to know that it is conU3ry to Laws or
Regulations. CONTRACTOR shaJl bear aJl claims, costs.
losses and damages caused by, arising out of or resulting
therefrom; however. it shaJI not be CONTRACTOR's pri-
mary responsibility to make certain that the Specific:aDons
and Drawings are in accordance with Laws and Regulations.
but this shall not relieve CONTRACTOR or CONTRAC-
TOR's obligations under paragraph 3.3.2.
TlLU.t:
6.15. CONTRACTOR shall pay aU sales, consumer, use
and other simslar taxes required to be paid by CONTRACTOR
in ac::ordance with the Laws and Rcguladons ot" the place of'
2S
e
the Project which are applicable during the perfonnance of the
. Work.
Use of PrwnisG:
)
6.16. CONTRACTOR shaJl confine construction equip-
ment. the storage of materials and equipmenl and the opera-
tions of workers to the site and land and areas identified in and
pennined by the Contract Documents and other land and areas
permitted by Laws and Regulations. rights-of-way, pennits and
easements. and shall not unreasonably encumber the premises
with construction equipment or other materials or equipment.
CONTRACTOR shall assume full responsibility for any dam-
age to any such land or area. or to the owner or occupant
thereof or of any adjacent land or areas. resulting from the
performance of the Work. Should any claim be made by any
such owner or occupant because of the perfonnanc: of the
Work. CONTRACIOR shall .promptly senle with such other
party by negotiation or otherwise resolve the claim by arbitra-
tion or other dispute resolution proceeding or at law. CON-
TRACI'OR shaJl; to the fullest extent pennitted by Laws and
Regulations, indemnify and hold harmless OWNER, ENGI-
NEER. ENGINEER's Consultant and anyone directly or
indirectly employed by any of them from and against all claims,
costs. losses and damages arising out of or resulting from any
claim or action. legal or equitable, brought by any such owner
or occupant against OWNER, ENGINEER or any other party
indemnified hereunder to the extent c:wsed by or based upon
CONTRACTOR's performance of the Work.
6.17. During the progress of the Work. CONTRACTOR
shall k=p the premises free from accumulations of waste
materials. rubbish and other debris resulting from the Work. Al
the completion of the Work CONTRACTOR shall remove all
waste materials, rubbish and debris from and about the pre-
mises as well as aJI tools. appliances. construction equipment
and machinery and surplus materials. CONTRACIOR shaJl
leave the site clean and ready for oc:cupancy by OWNER at
Substantial Completion of the Work. CONTRACI'QR shall
restore to original condition all property not designated for
alteration by the Contract Documents.
6.18. CONTRACIOR shall not load nor pennit any part of
any structure to be loaded in any manner that WIll endanger the
struc:turc, nor shaJI CONTRACTOR subjec: any part of lhe
Work or adjacent property to stresses or pressures that WIll
endanger it.
Record Documents:
-).
6.19. CON1'RACTQR shall mainrain in a safe place at the
site one record copy of aJl Drawings, Specifications, Addenda.
Written Amendments, Change Orders, Work Cbange Direc-
tives, Field Orders and wrincn interprecuions :md clarifica-
tions ClSSUed pursuant to paragr.lPh 9.4) in good order and
annotated to show aJl changes made during construction.
These record documents together with all approved Samples
and a counterpart of all approved Shop Drawings will be
available to ENGINEER for reference. Upon completion of
e
the Work. these record doc:uments, Samples and Shop Draw-
ings will be delivered to ENGINEER for OWNER.
~
Safery and Protection:
6.20. CONTRACTOR shaJl be responsible for initiating.
maintaining and supervising aJl safety precautions and pro-
grams in connection with the Work. CON'!'RACIOR shaJl take
aJl necessary precautions for the safety of. and shall provide
the necessary protection to prevent damage. injury or loss to:
6.20.1. aJl persons on the Work site or who may be
affected by the Work;
6.20.2. aJllhe Work and materials and equipment to be
incorporated therein. whether in stora~ on or off' the site;
and
6.20.3. other property at the site or adjacent thereto.
including trees. shrubs. lawns, walks. pavements. roadways.
structures. utilities and Underground Facilities not desig-
nated for removal, relocation or replacemenl in the course of
construclion.
CONTRACIOR shall comply with aJl applicable Laws and
Regulations of any public body havingjurisdiction for safety of
persons or property or to protect them from damage. injury or
loss; and shaJl erect and mainrain aJI necessary safeguards for
such safety and protection. CONTRACTOR shall notify own-
ers of adjacent property and of Underground PaciJioes and
utility owners when prosecution of the Work may affect them.
and shaJI cooperate with them in the protection, removaJ.
relocation and replacement of their property. All damage.
injury or loss to any property referred to in paragraph 6.20.2 or
6.20.3 caused, direc:tly or indirectly, in whole or in part. by
CONTRACTOR, any Subconb"aCtor. Supplier or any other
person or organization dircctly or indirec:tly 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 attn"butable to the
fault of Drawings or Specifications or to the acts or omissions
of OWNER or EN9INEER or ENGINEER's Consultant or
anyone employed by any of them or anyone for whose acts any
of them may be liable, and not attnoutable, direc:tly or indi-
rectly, in whole or in part. to the fault or negiigence of
CONTRACTOR or any Subcontractor. Supplier or other per-
son or organization din:c:tly or indirectly employed by any of
them). CONTRACTOR's duties and responsibilities for safety
and for protection of the Work shall cOntinue until such time as
all the Work is 'completed and ENGINEER has issued a notice
to OWNER and CONTRACIOR in ac:cordance with pan-
graph 14.13 that the Work is acceptable (except as otherwise
expressly provided in connection with Substantial Comple-
tion). .
Safety Rqtaenll1liw:
6.21. CONTRACTOR shaJl designate a qualified and expe-
rienced safety representative at the site whose duties and
26
e
responsibilities shaJl be the prevention of accidents and the
maintaining and supervising of safety preClutions and pro-
grams.
.
Hauml CommuniazliDn Programs:
6.22. CONTRACIOR shall be responsible for coordinating
any exchange ot" materia) safety data sheets or other hazard
communication infomwion required to be made avaiiable to or
exchanged between or among employers at the site in accor-
dance with Laws or Regulations.
~:
6.23. In emergencies affecting the safety or protection of
persons or the Work or property at the site or adjacent
thereto, CONTRACTOR. without speciaJ instruction or au-
thorization from OWNER or ENGINEER. is obiigated to
act to prevent threatened. damage, injury or loss. CON-
TRACTOR shall give ENGINEER prompt wrinen notice if
CONTRACTOR believes that any significant changes in the
Work or variations from the Contract Documents have be:::n
caused thereby. If ENGINEER determines that a change in
the Contract Documents is required because of the action
taken by CONTRACTOR in response to such an emergency.
a Work Change Directive or Change Order will be issued to
document the consequences of such action.
l
~.
6.24. Shop Drrnvinp azul SlII'Ifl'la:
6.24.1. CONTRACTOR shall submit Shop Drawings to
ENGINEER for review and approval in accordance with the
accepted schedule of Shop Drawings and Sample subminaJs
(see paragraph 2.9). All subminaJs WIll be identified as
ENGINEER may require and in the number of copies
specified in the General Requirements. The cWa shown on
the Shop Drawings will be complete with respect to quanti-
ties, dimensions. specified performance and design criteria.
materials and sinular data to show ENGINEER the materi-
als and equipment CONTRACIOR proposes to provide and
to enable ENGINEER to review the information for the
Umited purposes req~red by paragraph 6.26.
6.24.2. CONTRACTOR shall also submit SuDples to
ENGINEER for revicw and approval in accordance with
said accepted schedule of Shop Dr.lwings and Sample su~
miaals. Each Sample WIll be identified clearly as to maccrial.
Supplier. pertinent data such as cacaJQg numbers and the use
for which intended and otherwise as ENGINEER mav
require to enable ENGINEER to review the submiaaJ f~r
the limited purposes required by paragraph 6.26. The. num-
bers of each Sample to be submitted WIll be as specified in
the SpecifiCltiOns.
'-25. Submi4al ProutlIITu:
)
.....
6.25.1. Before submitting each Shop Drawing or Sam-
ple, CONTRACIOR shall have determined and verified:
e
6.1$.1.1. all field measurements. quantities. dimen-
sions. specified performance criteria. installation require-
ments, materials. ClWOg numbers and sinular infonnation
with respect thereto,
6.25.1.2. aJl materials with respect to intended use,
fabric:uion, shipping. handling. storage, assembly and
installation pertaining to the performance ot" the Work. and
6.25.1~ all information relative to CONTRACTOR's
sole responsibilities in respect of means. methods, tech-
niques. sequences and procedures of construction and
safety precautions and progr.uns incident thereto.
CON1'RAC'IORshaJl aJso have reviewed and coordinated
each Shop Drawing or Sample with other Shop Drawings
and Samples and with the requirements of the Work and the
ConmlCt Documents.
6.25~ Each subminaJ WIll bear a stamp or spc:ciiic
wrincn indication that CONTRACI'OR has satisfied CON-
TRAC'IOR's obligations under the Contact Documents with
respect to CONTRACIOR'S review and approval of that
. submittal.
6.15.3. At the time of each submission. CONTRACTOR
shall give ENGINEER specific wrinen notice of such vari-
ations. if any, that the Shop Drawing or Sample submitted
may have from the requirements of the Contt3Ct Documents,
such notice to be in a written communication scpanue from
the submittal; and, in addition, shall cause a specific notation
to be made on each Shop Drawing and Sample submitted to
ENGINEER for revicw and approval of each such variation.
6.26. ENGINEER will review and approve Shop Drawings
and Samples in accordance with the schedule of Shop Draw-
ings and Sample subminaJs accepted by ENGINEER as re-
quired by paragraph 2.9. ENGINEER's revicw and approval
WIll be only to determine if the items covered by the submittals
WIll, after installation or incorporation in the Work. conform to
the information given in the Contract Documents and be
compalible with the design concept of the completed Project as
a functioning whole as indicated by the Contract Documents.
ENGINEER's revicw and approval WIll not extend to means,
methods, techniques, sequences or procedures ot" construction
(except where a particular means. method, technique, se-
quence or procedure of construction is specifically and ex-
pressly called for by the ContraCt Documents) or to safety
precautions or programs incident thereto. The revicw and
approval of a separate item as such WIll not indicate approval ot"
the assembly in which the item functions. CON'l'RACTOR
shall make corrections required by ENGINEER. and shall
return the required number of corrected copies of Shop Draw-
ings and submit as required new Samples for revicw and
approval. CONTRACTOR shaJl direct spe:ific attention in
writing to revisions other than the corrections called for by
ENGINEER on previous submiaals.
6:z1. ENGINEER's revicw and approval ot" Shop Draw-
ings or Samples shall not relieve CONTRACTOR from respon-
sibility for any variation from the requirements of the ConU'3Cl
rr
e
Documents unless CONTRACIOR has in writing c:a1led EN-
GINEER's attention to each such variation at the time of
submission as required by par.lgraph 6.15.3 and ENGINEER
!I&s given written approval of each such variation by specific
wrinen notation thereof incorporated in or accompanying the
Shop Drawing or Sample approvaJ; nor w11l any approval by
ENGINEER relieve CONTRACTOR from responsibility for
complying with the requirements of paragraph 6.25. I .
6.28. Where a Shop Drawing or Sample is required by the
CODU3Ct Documents or the schedule of Shop Dr.lwings and
Sample submissions accepted by ENGINEER as required by
paragraph 2.9, any related Work performed prior to ENGI-
NEER's review and approval of the pertinent subminaJ wm be
at the sole expense and responsibility of CONTRACTOR.
CAlllbUlinr 1M Wori::
6.29. CONTRACTOR shall Carry on the Work and adhere
to the prog:ress schedule during aJl disputes or disagreements
with OWNER. No Work shaJl be delayed or postponed pend-
ing resolution ot" any disputes or disagreements. except as
permitted by paragraph 1.s.5 or as OWNER and CONTRAC.
TOR may otherwise agree in writing.
'-30. CONI'RAC'roR's Gen.md WcrmIIIt1l11Ul GlIIlrIZ1IIec:
)
6.30.1. CONTRACTOR warrants and guarantees to
OWNER, ENGINEER and ENGINEER's Consultants that
aJl Work will be in ac:cordanc:: with the Contract Documents
and WIll not be d~/~cliv~. CONTRACTOR's wammty and
gual3llcee hereunder excludes defects or damage caused by:
6.30.1.1. abuse. modification orimpropcr maintenance
or Operation by persons other than CONTRACTOR. Sub-
contractors or Suppliers; or
6.30. J.2.. norma) wear and tear under normal usage.
6.30.2. CONnACTOR '5 obligation to perform and com-
plcre the Work in accordance with the Contract Documents
shaD be absolute. None of the fOllowing will constitwe an
ac:ccpIanCC of Work thal is not in accordance with the
Contract Documents ora release ot"CONTRACTOR's obli-
gation to perf'onn the Work in accordance with the Contract
Documents:
6.30.2.1. observations by ENGINEER;
6.30.2..3. rcc:ommcndalion of any progress or final
payment by ENGINEER;
6.30.2.3. the issuance ot" a ccnificate of Substantial
Completion or any payment by OWNER to CONTRAC-
lOR under the Conlr3Ct Doc:uments;
)
~:
6.30.2.4. use or occupancy ot" the Work or any pan:
du:rcof by OWNER;
e
6.30.2.5. any acceptance by OWNER or any failure to
do so;
6.30.2.6. any review and approvaJ of a Shop Drawing
or Sample submittal or the issuance of a notice ot" acc:cpt-
ability by ENGINEER pursuant to parag:aph 14.13;
6.30.2.7. any inspection, test or approvaJ by others; or
6.30.2.8. any correction of defective Work by OWNER.
Indemnijiazritm:
6.31. To lhe fullest extent pennined by Laws and Regula-
tions. CONTRACTOR shall indemnify and hold harmless
OWNER. ENGINEER, ENGINEER's Consultants and the
officers. directors, employees, agents and other consultants ot"
each and any of them from and against aJl claims. costs, losses
and damages Cmcluding but not limited to aJl fe::s and charges
of engineers. architects, attorneys and other professionaJs and
aJl court or arbitration or other dispute resolution costs) caused
by, arising out of or resulting from the performance ot" the
Work. provided that any such claim. cost. loss or damage: (i) is .
annbutable to bodily injury, sickness, disease or death, or to
injury to or destruction of tangible property (other than the
Work. itselO. including the loss of use resulting therefrom, and
(ii) is caused in whole or in part by any negligent act or
omission of CONTRACTOR, any Subcontractor, any Supplier,
any person or organization directly or indirectly employed by
any of them to perfonn or furnish any of the Work or anyone
for whose acts any of them may be liable, regardless ofwbether
or not caused in part by any negligence or omission of a person
or entity indemnified hereunder or whether liability is imposed
upon such indemnified party by Laws and Regulations regard_
less of the negligence of any such person or entity.
6.32. In any and aJl claims against OWNER or ENGI-
NEER or any of their respective consultants, agents, officers,
directors or employees by any employee (or thc survivor or
personaf representative of such employee> of CONTRACIOR.
any Subcontractor. any Supplier. any person or organization
directly or indirectly employed by any of thcm to perfonn or
furnish any oC the Work. or anyone for whose acts any ot" them
may be liable, the indemnification obligation under ~h
6.31 shaJl not be limited in any way by any limitation on the
amount or typc oC damages, compensation or benefits payable
by or for CONTRACTOR or any such Subcontractor, Supplier
or other person or organization under workers' compensation
acts, disability benefit acts or other employee benefit acts.
6.33. The indemnification obligations of CONTRACI'OR
under paragraph 6.31 shall not extend to the liability of ENCiI-
NEER and ENGINEER's Consultants, officers. dircc:tors,
employees or agents caused by the professionaJ negligence,
errors or omissions ot" any of them.
Surviwzl of Ob/irtlliDns:
6.34. All representations. indemnifications, wananties and
guarantees made in. required by or given in accordance with
28
e
the Contract Documents. as well as all continuing obligations
indicalCd in the ContraCt Doc:uments, will survive final pay-
JIlent. completion and acceptance of the Work and termination
or completion of the Agreement.
ARTICLE 7-OTHER WORK
R~ Wori: at 5iu:
7.1. OWNER may perform other work related to the
Project at the site by OWNER-s own forces. or let other
direct conU'aCts therefor which shall contain General Condi-
tions similar to these. or have other work performed by
utility owners. If the fact that such other work is to be
performed was not noted in the Contract Documents, then:
(i) written notice thereof will be given to CONTRACI'OR
prior to starting any such other work. and (ii) CONTRAC-
TOR may make a claim therefor as provided in Articles 11
and 12 if CONTRACTOR believes that such performance
will involve additional expense to CONTRACTOR or re-
quires additional time and the parties are unable to agree as
to the amount or extent thereof.
'}
7 ~ CONTRACTOR shaJl afford each other contractor
who is a party to such a direct conU'ac:t and each utility
owner (and OWNER. if OWNER is performing the addi-
lional work with 'OWNER's employees) proper and safe
access to the site and a n:asonable opportunity for th.:
introduction and storage of materiaJs and equipment and the
execution of such other work and shaJl properly connect and
coordinate the Work with theirs. Unless otherwise ptovided
in the Contract Documents. CONTRACIOR shaJl do aJl
cutting. fitting and patching of the Work that may be required
to make its several parts come together properly 3Ild inte-
gr2te with such other work. CONTRACTOR shall not en-
danger any work of others by cutting, excavating or other-
wise altering their work and wm only cut or aJter their work
with the written consent of ENGINEER and the others
whose work will be affected. The duties and responsibilities
of CONTRACTOR under this paragraph arc for the benefit of
such utility owners and other contractors to the extent that
there are comparable provisions for the benefit of CON-
TRAcroR in said direct contracts between OWNER and
such utility owners and other contractors.
-)
7.3. If the proper execution or results of any part of
CONTRACTOR's Work depends upon work perfonned by
others under this Article 7, CONTRACTOR shall inspect such
other work and promptly report to ENGINEER in writing any
delays. defects or deficiencies in such other work that render it
unavailable or unsuitable for the proper execution and results
of CONTRACTOR's Work. CONTRACTOR's faalure so to
report will constitute an acceptance of such other work as fit
and proper for integration with CONTRACTOR's Work except
for Ialcnt or nonapparent defects and deficiencies in such other
work.
e
CoorrJinlltiDn:
7.4. If OWNER contracts with others for the performance
of other work on the Proic:t at the site. the following WIll be set
forth in Supplementary Conditions:
. 7.4.1. the pcrson. finn or corporation who will have
authority and responsibility for coordination of the activities
among the various prime conU'ac:tors will be identified;
7.4.2. the specific matters to be covered by such author-
ity and responsibility will be ite~d; and
7.4.3. the extent of such authority and responsibilities
W111 be provided.
Unless otherwise provided in the Supplementary Condi-
tions, OWNER shaJl have sole authority and responsibility in
respect of such coordination.
ARTICLE 8-OWNER'S RESPONSIBILmES
8.1. Except as otherwise provided in these Gcne:al Condi-
tions, OWNER shaJl issue all communications to CONTRAC-
TOR through ENGINEER.
8.2. In case of termination of the employment of ENGI-
NEER. OWNER shaJl appoint an engineer against whom
CONTRACTOR makes no reasonable objection. whose status
under the Contract Documents shaJI be that of the former
ENGINEER.
.8.3. OWNER shall furnish the data required of OWNER
under the Contract Documents promptly and shaJ1 make pay-
ments to CONTRACTOR promptly when they are due as
provided in paragraphs 14.4 and 14.13.
8.4. OWNER's duties in respect of providing lands and
easements and providing engineering surveys to csmblish ref-
erence points an: set forth in pamgraphs 4.1 and 4.4. Paragraph
4.2 refers to OWNER's identifying and making avaalable to
CONTRACTOR copies of reports of explorations and tests of
subsurface conditions at the site and drawings ot" physical
conditions in existing struc:tUres at or contiguous to the site that
have been uulizcd by ENGINEER in preparing the Contract
Documents.
8.5. OWNER's responsibilities in respect of purchasing
and maintaining liability and property insurance are set forth in
paragraphs 5.5 through 5.10.
8.6. OWNER is obligated to execute Change Orders as
indic::ued in paragraph 10.4.
8.7. OWNER' s responsibility in respect of ccrrain inspec-
tions. tcscs and approvaJs is set forth in par3gl2Ph 13.4.
8.8. In connection with OWNER's right to stop Work or
suspend Work. see paragraphs 13.10 and IS.I. Paragraph IS.2
de:1ls with OWNER's right to terminate services of CON-
TRACIOR under cel1ain circumstances.
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8.9. The OWNER shall not supervise. direc:t or have
control or authority over, nor be responsible for. CONTRAC.
TOR's means, methods. techniques. sequences or procedures
.. construction or the safety precautions and programs incident
thereto, or for any faslure of CONTRACI'OR to c:omply with
Laws and Regulations applicable to the furnishing or perfor-
mance of the Work. OWNER will not be responsible for
CONTRACTOR's faslure to perform or furnish the Work in
accordance with the ConU'aCt Documents.
8.10. OWNER'S responsibility in respec:t of undisclosed
Asbestos, PCBs. Petroleum. Hazardous Waste or Radioactive
Materials uncovered or revCDJed at the site is set forth in
paragraph 4.5.
8. I 1. If and to the extent OWNER has agreed to furnish
CONTRACTOR reasonable evidence that financiaJ arrange.
ments have been made to satisfy OWNER's obligations under
the Contr.lCt Documents. OWNER's responsibility in respect
thereof w1lJ be as set forth in tne Supplementary Conditions.
ARTICLE 9-ENGINEER'S STATUS DURING
CONSTRUcnON
OWNER'$ Rqlrue1llllliYe:
)
9.1. ENGINEER wiD be OWNER's representative during
the COnstruction period. The duties and responsibilities and the
limitadons of authority of ENGINEER as OWNER's repre-
sentative during construction arc set forth in the Contract
Dociunents and shall not be extended without written c:onsent
of QWNER and ENGINEER.
Yuitr III SiI4:
).
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9.2. ENGINEER wJ11 make visits to the site at intervals
aPPropriate to the various stages of construction as ENGI-
NEER deems necessary in order to observe as an experienced
and qualified design professional the progress that has been
mad~ and the quality of the various aspects of CONTRAC-
TOR's executed Work. Based on information obtained during
such visits and nbservations, ENGINEER wt1l endeavor for
the benefit of OWNER to detcnnine, in general. if the Work is
proc:ceding in accordance with the Contract Documents. EN-
GIl~EER wm not be required to make exhaustive or continu-
ous on-site inspections to check the quality or quantity ot" the
Work. ENGINEER's efforts wiD be diRctcd toward provi~ng
for OWNER a greater degree of confidencc that the completed
Work wiD conform generally to the Contract Documents. On
the basis of such visits and on-site observations, ENGINEER
wiD Icecp OWNER informed of the prosress of the Work and
wiD endeavor to guard OWNER against dd~cli,,~ Work. EN-
GINEER's visits and on-site obscrvadons arc subject to all the
limitadons on ENGINEER's authority and responsibility set
forth in pal3graph 9.13, and panicu1arly. but without limiwion.
during or as a result ot" ENGINEER's on-site visits or
e
observations ofCONTRACTOR's Work ENGINEER wtll not
supervise. dircc:t. c:ontrol or hl1ve authority over or be respon-
sible for CONTRACTOR's mc:ms, methods. techniques. se-
quences or procedures of c:onstrUc:tion. or the sai'ety precau-
tions and progr:uns incident thereto, or for any fatlure of
CONTRACTOR to comply with Laws and Regulations appli-
cable lO the furnishing or performanc:e of the Work.
Proj,ct Rq1~nll1li:,c:
9.3. If OWNER and ENGINEER l1gre:, ENGINEER WIll
furnish a Resident Projec:t Representative to assist ENGI-
NEER in providing more c:ontinuous observation of the Work.
The responsibilities and authority and limitations thereon of
any such Resident Project Representative and assistants wiD be
as provided in paraglaph 9.13 and in the Supplementary
Conditions. If OWNER designates another representative or
agent lO represent OWNER at the site who is not ENGI-
NEER's Consultant, agent or employee, the responsibilities
and authority and limitations thereon of suc:h other person WIll
be as provided in the Supplementary Conditions.
Cltui~rzs and lnurprellZliDns:
9.4. ENGINEER WIll issue with reasonable promptness
suc:h written clarifications or interpretations of the require-
ments of the Contract Documents (in the form ot" Drawings or
othe:wise) as ENGINEER may determine necessary, which
shaJl be c:onsislent with the intent ot" and reasonably inferable
from Contract Documents. Such wrinen clarifications and
interpretations WIll be binding on OWNER and CONTRAC-
TOR. If OWNER or CON1'RACtOR believes that a wriacn
clarifiCltion or interpretation justifies an adjustment in the
Contract Pric:e or the ConU'ac:t Tunes and the parties are unable
to agree to the amount or extcDt thereof, if any. OWNER or
CONTRACTOR may make a wrinen c:laim therefor as pro-
vided in Anicle II or Artic:le 12.
AIIlhDri:U Variations in WDrk:
9.5. ENGINEER may authorize minor variations in the
Work from the requirements of the Contract Documents which
do not involve an adjustment in the Contract Price or the
Contract Times and arc compatible with the design concept of
the completed Project as a func:tioning whole as indic:ated by
the Contract Doc:uments. These may be accomplished by a
Field Order and WIll be binding on OWNER and also on
CONTRACIOR who shall perform the Work involved prompdy.
If OWNER or CONTRACI'OR believes that a Field Order
justifies an adjusbnent in the ContnlCt Price or the Contract
Times and the parties arc unable to agree as to the amount or
extent thcrcaf. OWNER or CONTRACTOR may make a
written c:1aim thcrcf'or as provided in Article I 1 or 12.
Rejecting D~/<<tiPf! Work:
9.6. ENGINEER WIll have authority to disapprove or
rejec:t Work whic:h ENGINEER believes to be d~/~cliv~, or
30
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that ENGINEER believes will nOl produce:l completed Project
that conforms to the Contract Documents or that will prejudice
J}le integrity of the design concept of the completed Project :IS
a functioning whole as indiClted by the Contr.u:t Documenls.
ENGINEER will also have authority to require special inspec.
tion or testing of the Work as provided in paragraph 13.9.
whether or not the Work is fabric::1ted. installed or completed.
Shop Dnzwings, Cluurp Ordm anti Paymena:
9.i. In connection with ENGINEER's aUlhority as to
Shop Drawings and Samples. see paragraphs 6.24 through 6.28
inclusive.
9.8. In connection with ENGINEER's aUlhority as lO
Change Orders. see Anicles 10. II, and I~.
9.9. In connection with ENGINEER's authority as to
Applic:alions for Payment. see-Article 14.
DeurrnUuuiDru for Unit Prices:
)
9.10. ENGINEER will determine the actuaJ quantilies and
c:1assiiic:ations of Unit Price Work performed by CONTRAC.
TOR. ENGINEER will review with CONTRAcroR the EN-
GINEER's preliminary determinations on such matters before
rendering a written decision thereon (by recommendation of an
Application for Payment or otherwise). ENGINEER's wrinen
decision thereon Wlll be final and binding upon OWNER and
CONTRACI'OR. unless. within ten days after the cIate of any
such decision. either OWNER or CONTRAcroR delivers to
the other and to ENGINEER written notice of intenlion to
appeal from ENGINEER's decision and: (i) an appeal from
ENGINEER's decision is taken within the time limits and in
accordance with the procedures set forth in Exhi!lit GC.A.
"Dispute Resolution Agreement." entered into between
OWNER and CONTRACI'OR pursuant to Article 16, or (iil if
no such Dispute Resolution Agreement has been entered into.
a formal proceeding is instituted by the appe:Uing pany in a
forum of competent jurisdiction to exercise such rights or
remedies as the appealing party may have with respect to
ENGINEER's decision. unless otherwise agreed in writing by
OWNER and CONTRACTOR. Such appc:1J Wlll not be subject
to the procedures of paragraph 9.11.
Dcdsioru Oft DUpUlG:
).
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9.11. ENGINEER will be the initial interpreter of the
requirements of the Contract Documents and judge of the
acceptability of the Work thereunder. Claims. disputes and
other matters relating to the acceptability of the Work or the
inlerprcration of the requirements of the Contract Documents
pertaining to the performance and furnishing of the Work and
Caims under Articles II and 12 in respect of changes in the
Contract Price or Contract limes will be referred initially to
ENGINEER in writing with a request for a formal decision in
accordance with this par.lgnlph. Wrinen notice or each such
claim. dispute or other maner will be delivered by the claimant
e
lO ENGIN EER and lhe olher party to the Agreement promptly
(bUl in no evenl laler lhan lhirlY d:l.ys) after the start of the
occurrence or event giving rise lhereto. and wrinen supporting
dal:l will be submitted lO ENGINEER and the other pany
within sixty days after the start of such occurrence or event
unless ENGINEER allows an addition:1l period or time for the
submission of additional or more accur.lle data in support of
such claim. dispute or other maner. The opposing party shaJl
submit any response lO ENGINEER and the claimant within
thirty days after receipl of the claimant's last submittal (unless
ENGINEER allows additionaJ time). ENGINEER Wlll render
a fonnal decision in writing within thirty days after receipt of
the opposing patty's submittal. if anr. in nccordance with this
pnragraph. ENGINEER's written decision on such claim.
dispute orOlhcr nmtter will be final and binding upon OWNER
and CONTRACTOR unless: (i) an appeal from ENGINEER's
decision is taken wilhin the time limits and in accordance with
the proc:edures set forth in EXHIBIT GC.A. "Dispute Reso-
lution Agreement." entered into between OWNER and CON-
TRAC'IOR pursuant to Article 16, or (ii) if no such Dispute
Resolution Agreement has been entered into. a written nOlice
of intenlion lO appeal from ENGINEER's wrinen decision is
delivered by OWNER or CONTRACI'OR to the other and to
ENGINEER within thirty days after the date of such decision
and :I. fonnal proceeding is instituted by the appealing party in
a forum of competent jurisdiction to exercise such rights or
remedies as the appealing party may have with respect to such
claim. dispute or olher matter in accordance with applicable
Laws and Regulations within sixty d:l.ys of the date ot" such
decision, unless otherwise agreed in writing by OWNER and
CONTRACTOR.
9.12. When functioning as interpreter and judge under
paragraphs 9.10 and 9.11. ENGINEER will not show partiality
to OWNER or CONTRACTOR and will not be liable in
connection wilh any interpretation or decision rendered in
good faith in such capacity. The rendering of a decision by
ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect
to any such claim, dispute or other matter (except any which
have been waived by the m:1king or acceptance of final
payment as provided in .pamgraph 14.15) will be a condition
precedent to any exercise by OWNER or CONTRACTOR of
such rights or remedies as either may otherwise have under the
Contract Documents or by Laws or Regulations in respect or
any such daim. dispute or other maner punuant to Article 16.
9.13. limitlIIiDru DII ENGINEER's AUIhority an4 Raponsibililia:
9.13.1. Neither ENGlNEER's authority or responsibil-
ity under this Article 9 or under any other provision or the
Contract Documents nor any decision made by ENGINEER
in good faith either to exercise or not exercise such authority
or responsibility or the undertaking. exercise or peri'ormanc:e
of any authority or responsibility by ENGINEER shall
cre:ue. impose or give rise to any duty owed by ENGINEER
to CONTRACTOR. any SubconU'ac:tor. any Supplier. any
other person or orpnizalion. or to any surety for or em-
ployee or agent of any of them.
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9.13.2. ENGINEER will not sUpe:'Vise. direct. control
. or have authority over or be responsible for CONTRAC.
TOR's mC3lJs. methods, techniques. sequences or proc::.
dures of construction. or the safety precautions and pr0-
grams incident thereto. or for any failure of CONTRACTOR
to comply with laws and Regulations applicable to the
furnishing or performance of the Work. ENGINEER will not
be responsible for CONTRAC'IOR's faalure to perronn or
furnish the Work in accordance with the ConU3Ct Docu-
ments.
19.13.3. ENGINEER will not be responsible for the acts
or omissions of CONTRACTOR or of any Subconuaaor,
any Supplier. or ot" any other person or orpnization perform-
ing or furnishing any of the Work.
9.13.4. ENGINEER's review of the finaJ Application for
Payment and accompanying documenwion and aJl mainte-
nance and operating instructions. schedules. guarantees.
bonds and certificates of inspection. tesu and approvals and
Other doc:umentauon required to be delivered by paragraph
14.12 will only be to determine ~eraJly that their content
complies with the requirements of. and in the case of
cerWicaces of inspections, tests and approvals that the
results certified indicate compliance with. the COnU3Ct Doc.
uments.
)
9.13.5. The limitations upon authority and responsibility
set forth in this paragraph 9.13 shall aJso apply to ENGI-
NEER's Consultants. Resident Project Representative and
assistants.
ARTICLE IO-CHANGES IN THE WORK
10.1. Without inValidating the Agrc:ment and without
notice to any surety. OWNER may. at any time or from rime
to time. order additions. deletions or revisions in the Work.
Such additions. deletions or revisions will be :wthorizcd by
a Written Amendment. a Change Order. or a Work Change
Directive. Upon receipt ot" any such document, CONTRAC-
TOR shaJl promptJy proceed with the Work involved which
will be performed under the applicable conditions of the
Contract Documents (except as otherwise spec:ific:ally pro-
vided).
)
'.
10.2. If OWNER and CONTRACTOR are unable to asr=
as to the extent. if any, of an adjustment in the Conb'aCt Price
or an adjustment of the Contr.lCt Times that should be a1Iowcd
as a result of a Work Change Dircc:tive. a claim may be made
therefor as provid~ in Anicle II or Article 12-
10.3. CONTRACTOR shall not be enuded to an increase in
the Contract Price or an extension of the Contract Tunes with
respcc:t to any Work performed that is not required by the
Contract Documents as amended. modified and supplemented
as provided in paragraphs 3.5 and 3.6 except in the case of an
emerp:ncy as provided in p;ngraph 6.23 or in the c:ase of
uncovering Work as provided in paragraph 13.9.
......
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10.4. OWNER and CONTRACI'OR shaJl execute appro-
priate Change Orders rccommended by ENGINEER (or Writ-
ten Amendments) covering:
10.4. I. changes in the Work which arc (i) ordered by
OWNER pursuant to paragraph 10.1. (ii) required because of
acceptance of defective Work under paragraph 13.13 or
correcting defective WOrk under pazagraph 13.14, or (iii)
agreed to by the parties;
10.4.2. changes in the Contract Price or Contract Times
which are agreed to by the parties; and
10.4.3. changes in the Contract Price or Contract Tunes
which embody the substance of any written decision ren-
dered by ENGINEER pursuant to paragraph.9.1 I;
provided that. in lieu of executing any such Change Order. an
appeal may be raken from any such decision in accordance
wilh the provisions of the Conlract Documents and applic:8ble
Laws and Regulations, but during any such appeal. CON-
TRACTOR shall carry on the Work and adhere to the progrc55
schedule as provided in paragr.J.ph 6.29.
10.5. If notice of any change affecting the general scope of
the Work or the provisions of the Contract Documents (includ-
ing. but not limited lO. Contract Price or Contract Times) is
required by the provisions of any Bond to be given to a 5Urcty,
the giving of any such notice will be CONTRACTOR's respon-
sibility, and the amount of each applicable Bond WIll be
adjusted ac:c:ordingly.
ARTICLE II-CHANGE OF CONTRACT PRICE
11.1. The Contract Price constitutes .the toral compensa-
tion (subject to authorized adjustments) payable to CON-
TRACTOR for performing the Work. All duties, responsibiJi-
ties and obligacionsassigned toorundenaken by CONTRACTOR
shaJl be at CONTRACTOR's expense without change in the
COI1U'act Price.
11.2. The Contract Price may only be changed by a Change
Order or by a Wrinen Amendment. Any claim for an adjust-
ment in the Contract Price shall be based on wrinen notice
delivered by the party making the claim to the other pany and
to ENGINEER promptly (but in no event later than thirty
days) after the stan of the occurrence or event giving -ise to the
claim and stating the general nature of the claim. Notice of the
amount of the claim with supporting c1ata shaJl be delivered
within sixty clays after the stan ot" such occurrence or event
(unless ENGINEER aJlows additionaJ time for claimant to
submit additionaJ or more accurate data in support ot"tbe claim)
and shaJ1 be ac:c:ompanied by claimant's written S1atement that
the ad'JUStI11cnt claimed covers all known amounts to which the
claimant is entided as a result ot" said occ:um:nce or event. AD
claims t"or adjustment in the Contract Price shall be determined
by ENGINEER in accordance with paragraph 9.1 J it"OWNER.
and CONTRACTOR cannot otherwise agree on the amount
involved. No claim for an adjusanent in the Contract Price will
32
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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 adjustment in the Contract Price will be
determined as follows:
11.3.1. where the Work involved is covered by unit
prices contained in the Contract Documents, by application
of such unit prices to the quantities of the items involved
(subject to the provisions of paragraphs 11.9.1 through
11.9.3, inclusive);
1l.3~ where the Work involved is not covered by unit
prices contained in the Contr.l&:t Documents. by a mutually
3p"CCd lump sum (which may include an allowance for
overhead and profit not ncc:essanly in accordance with
paragraph 11.6.2);
11.3.3. where the Work involved is not covered by unit
prices contained in the Contract Doc:uments and agreement
to a lump sum is not reached under paragraph ]] .3.2. on the
basis of the Cost of the Work (detennined as provided in
paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for
overhead and profit (determined as provided in paragraph
11.6).
CIISt o/IM Wort:
11.4. The term Cost of the Work means the sum ofaJI costs
nec:cssariJy incurred and paid by CONTRACI'OR in the proper'
performance of the W:ork. Except as otherwise may be agreed
to in writing by OWNER. such costs shaJl be in amounts DO
higher than those prevailing in the locality of the Project. shall
inc:Iude only the following items and shaJI not include any of the
costs itemized in paragraph 11.5:
11.4.1. Payroll costs for employees in the direct employ
of CONTRACTOR in thc performance of the Work undcr
schedules of job c:lassific:ations ags:eed upon by OWNER and
CONTRACl'OR. Such employees shall include without ~
italian superintendents, foremen and other pc:rscmncI em-
ployed fulJ- time at the site. Payroll costs for employees not
employed f\dJ time on the Work shall be apponioncd on the
basis of their time spent on the Work. Payroll costs shall
include, but not be limited to, salaries and waacs plus the
cost of fringe benefits which shall include soCaI security
contn'butions, unemployment. excise and payroD taxes. work.
ers' compensation, health and retirement benefits. bonuses,
sick leave. vacation and holiday pay applicable thercro. The
expcusc:s of performing Work after regular working hOurs,
on SanardaY. Sunday or legal holidays, shaD be included in
the above to the extent authorized by OWNER.
11.4..2. Cost of aJJ materials and equipment fumisbed and
incorporaled in the Work. including costs of traasportaDon
and SUlrage thereof, and Suppliers' field services rapaired in
coancc:tion therewith. AU cash discounts shall ICCnIC to
CONl'RACI'OR unless OWNER deposits ftmds widI CON-
TRACTOR with which to make payments, in which case the
e
cash discounts shall accrue to OWNER. All trade discounts,
rebates and refunds and returns from sale of surplus maccri-
aJs and equipment shall accrue to OWNER. and CON-
TRACTOR shaJl make provisions so that they may be
obtained.
11.4.3. Payments made by CONTRACI'OR to the Sub-
contractors for Work perfonned or furnished by Subconuac-
tors. If required by OWNER, CONTRACl'OR shall obtain
competitive bids from subcontractors acceptable to OWNER.
and CONTRAC'IOR and shall deliver such bids to OWNER
who will then dctennine, with the advice of ENGINEER.
which bids, if any, will be accepted. If any subc:oDlraCt
provides that the Subcontractor is to be paid on the basis o(
Cost ofthe Work Plus a fcc. the Subeonuaaor's Cost of the
Work and fcc shall be determined in the same manner as
CON1'RACTOR's Cost of the Work and fcc as provided in
paragraphs 1l.4, 1l.5, 11.6 and 11.7. All subc:ontr.lCts shaJI
be subject to the other provisions ofthc Contract Documents
insofar as applicable.
11.4.4. Co~ of spcc:iaJ consultants (including but not
limited to enginccrs, architects, testing.laboraIories. survey-
ors, attorneys and accountants) employed for services spe-
cific:a1ly related to the Work.
11.4.5. Supplemental costs including the following:
11.4.5.1. The proportion of necessary b'ansportation,
travel and subsistence expenses of CONTRACIOR's em-
ployees incurred in discharge of duties connected with. the
Work.
11.4.5.2. Cost, including transporwion and mainte-
nance. of aJl materiaJs, supplies, equipment, machinery,
appliances, office and temporary facilities at the site and
hand tools not owned by the workers, which arc con-
sumed in the performance of the Work. and cost less
market value of such items used but not consumed whicb
remain the property of CON1'RACTOR.
11.4.5.3. Rentals of aJl construction equipment and
machinery and the partS thereo( whether rented from
CONTRAC'IOR or others iD accord:w:c with renlal agree-
ments approved by OWNER with the advice 'of ENGI-
NEER. and the costs of transporwiOD, loading, unload-
ing. installation, dismantling and removal thCTCOf-al1 in
accordance with the terms of said n:nlal agreements. The
rental of any such equipment, machinery or partS shall
cease when the use thereof is no longer necessary for the
Work.
11.4.5.4. SaJes. consumer. use or similar taxes reIaIed
to the Work, and for which CONTRACTOR is &able,
imposed by Laws and Regulations.
11.4.5.5. Deposits lost for causes other than neg1i-
gence of CONTRACTOR. any Subconttactor or anyone
dircc:tly or indircc:tly employed by any of them or for
whose acts any of them may be liable. and royally
payments and fees for pc~ts and licenses.
33
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.
I J .4.$.6. Losses and damages (and rebued expenses)
caused by damage to the Work, not compensated by
insurance or otherwiSe, sustained by CONTRACTOR in
connection with the performance and furnishing of the
Work (except losses and damages within the deductible
amounts o( property insurance e:;tablished by OWNER in
accordance with paragraph 5.9), provided they have re-
sulted from causes other than the negligence of CON-
TRACI'OR. any Subcontractor. or anyone directly or
indirectly employed by any of them or for whose acts any
of them may be liable. Such losses shaJl include settle-
ments made with the written consent' and approval o(
OWNER. No such losses, damages and expenses shall be
included in the Cost of the Work for the purpose of
determining CONTRACroR's fee. If. however. any such
loss or damage requires reconstruction and CONTRAC-
TOR is placed in charge thereof, CONTRACI'OR shall be
paid for services a fee p'roporaonate to that SEated in
pangraph J 1.6.2.
11.4.$.7. The cost o( unlities. fuel and saniwy facili-
ties at the site.
11.4.5.8. Minor expenses such as telegrams. long dis-
tance telephone calls. telephone service at the site, ex-
pressage and sirrular petty cash items in connection with
the Work.
)
11.4.$.9, Cost of premiums "for additionaJ Bonds and
insurance required because of changes in the Work.
J 1.$. The tenn Cost of the Work shaJI not include any of
the following:
11.$.1. Payroll costs and other compensation of CON-
TRACTOR's officers, executives, principals (o( pannership
and sole proprietorships), general managers, engineers. ar-
chitects. estimators, attorneys, auditors. accountants, pur-
chasing. anCI conD3eting agents. expediters. timekeepers.
clerks and other personnel employed by CONTRACIOR
whether. at the site or in CONTRACTOR's principal or a
. branch office for a=eral administration of the Work and not
speclfiaJly incJuded in the agreed upon schedule of job
c:Ja.ssificWons rct'CIT'Cd to in par2gr3ph 11.4. J or specifically
covered by p;uagraph 11.4.4-aJI of'which are to be consid-
ered administrative costs covered by the CONTRACTOR's
fcc.
11.$.2. Expenses of CONTRACIOR's principal and
branch offices other than CONTRACTOR's office at the site.
11.$.3. Any part of CONTRACTOR's capital expenses,
including interest on CONTRACTOR's capital employed for
Ibe Work and charges against CONTRACTOR for delin-
quent payments.
-)
11.$.4. Cost of premiums for aJl Bonds aud for aJl
iDsuraace whether or not CONTRACTOR is requin:d by the
CoDtr.lct Documents to purchase and maintain the same
(cxc:epl for the cost of premiums covered by subparagnaph
11.4.$.9 above).
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11.5..5. Costs due to the negligence ofCONTRAC-
TOR. any Subcontractor. or anyone directly or indi-
'rectly employed by any of them or for whose acts any
of them may be liable. including but not limited to. the
correction of defective Work. disposal of ~erials or
equipment wrongly supplied and making good any
damage to property.
Other overhead or general expense costs of any kind
and the costs of any item not specifically and expressly
included in paragraph 11.4.
11.6. The CONTRACTOR's fee allowed to CONTRAC-
TOR for overhead and profit shall be determined as follows:
11.6.1. a mutually acceptable fixed fee; or
11.6.2. if a fixed fee is not agreed upon, then a fee
based on the following percentages of the various
portions of the Cost of the Work:
11.6.2.1. for costs incurred under paragraphs 11.4.1
and 11.4.2. the CONTRACTOR's fee shaJI be fifteen
percent;
11.6.2.2. for costs incurred under paragraph 11.4.3.
the CONTRACTOR's fee shaJl be five percent;
11.6.2.3. where one or more tiers of subcontracts arc
on the basis of Cost of the Work plus a fcc and no fixed fe:
is agreed upon, the intent of paragraphs 11.4.1, 11.4.2.
11.4.3 and 11.6.2 is that the Subcontractor who actUally
performs or furnishes the Work. at whatever tier. WIll be
paid a fcc of fifteen percent of the costs incurred by such
Subcontractor under paragraphs 11.4.1 and 11.4.2 and that
any" higher tier Subcontractor and CONTRACTOR will
each be paid a fee of five percent of the amount paid to the
next lower tier Subcontractor;
) ) .6.2.4. no fee shaJ) be payable on the basis of costs
itemized under paragraphs 11.4.4, 11.4.$ and 11.$;
11.6.2.5. the amount of c:rcdit to be aUowed by CON-
TRACTOR to OWNER for any change which results in a
net decrease in c:ost WIll be the amount o( the actUal net
dccn:ase in cost plus a deduction in CONTRACTOR's fc:
by an amount equal to five pcrc:cnt of such net decrease;
and
I ) .6.2.6. when both additions and credits arc involved
in anyone change. the adjustment in CONTRACTOR's
fee shall be computed on the basis of the net change in
accordance with paragraphs 11.6.2.1 through 11.6.2.5,
inclusive.
11.7. Whenever the cost of any Work is to be determined
pursuant to paragraphs 11.4 and 11.$. CONTRACI'OR will
establish and maintain records thereof in accordance with
generally accepted accounting practices and submit in form
aa:cptable to ENGINEER an itemiz&:d cost breakdown to-
gether with supporting daIa.
34
e
CtlSh AllDwlllU:u:
.
11.8. It is understood that CONTRACTOR has included in
the ConU'ac:t Price all allowances so named in the Conaact
Documents and shall cause the Work so covered to be fur-
nished and performed for such sums as may be acc:cptable lO
OWNER and ENGINEER. CONTRACTOR agrees that:
11.8.1. the allowances include the cost to CONTRAC-
TOR Oess any applicable trade discounts) of nweriaIs and
equipment required by the aJlowances to be delivered at the
site. and aJl applicable taxes; and
11.8.2. CONTRACTOR's costs for unloading and han-
dling on the site, labor. installation costs, overhead, profit
and other expenses contemplated for the aJlowances have
been included in the ConD'aCt Price and not in the aJlowances
and no demand for additional payment on account of any of
the foregoing will be vaJid. .
~or to finaJ payment. an appropriate Change Order Wlll be
issued as recommended by E."'iGINEER to reftect actual
amounts due CONTRACTOR on account of Work covered by
aJlowances. and the ConU'ac:t Price shaJl be correspondingly
adjusted.
11.9. Unit Price Watt:
.>
11.9.1. Where the Contract Documents provide that aJl
or part of the Work is to be Unit Price Work. iniDaDy the
Contract Price Wll1 be deemed to include for aJl Unit Price
Work an amount equal to the sum of the established unit
price for each sepal3lely identified item of Unit Price Work
times the estimated quantity of each item as indic:au:d in the
AgreemcnL The esUmaced quantities of items of Unit Price
Work arc not guaranteed and are solely for the purpose of
comparison of Bids and determining an inidaI Contract
Price. Determinations ot" the actual quantities and classifica-
tions of Unit Price Work perfonned by CONTRACI'OR wm
be made by ENGINEER in accordance 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 eac:h sepa-
rately identified item.
11.9.3. OWNER or CONTRACTOR may make a claim
for an adjustment in the Contract Price in accordance with
Article II if:
11.9.3.1. the quantity of any item of Unit Price Work
performed by CONTRACTOR tiers materially and sig-
aiiicantly from the estinwed quantity ot" such iccm indi-
cated in the Agreement; and
.)
11.9.3.2. there is no corresponding adjustment with
respect to any other item of Work; and
11.9.3.3. if CONTRACI'QR believes that CONTRAC-
TOR is entitled to an increase in Contrac:t Price as a result
e
of having incurred additional expense or OWNER be-
lieves that OWNER is entitled to a dccT'C3Se in Contract
Price and the panies arc unable to agree as to the amount
of any such incn::l.Se or dec:re3Se.
ARTICLE 12-CHANGE OF CONTRAcr TIMES
12.1. The Contract Times (or Milestones) may only be
changed by a Change Order or a Written AmendmenL Any
claim for an adjustment of the Contract lunes (or Milestones)
shaJl be based on written notice delivered by the party making
the claim to the other party and lO ENGINEER promptly (but
in no eveut IaIer than thiny clays) after the occurrence of the
event giving rise to the claim and stating the general nature ot"
the claim. Notice of the extent of the claim with supporting
clara shall be delivered within sixty days after such occurrence
(unless ENGINEER allows an additional period of time to
ascenain more ac:c:urate data in suppon of the claim) and shaJI
be ac:companied by the claimant's written statement that the
adjustment 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 adj~ent in the
Contract Times (or Milestones) sball be determined by ENGI-
NEER in ac:cordance with paragraph 9.II if OWNER and
CONTRACTOR ?Mot otherwise agree. No claim for an
adjustment in the Contract Times (or Milestones) will be: valid
if not submitted in accordance with the requirements of this
paragraph 12.1.
12.2. All time limits stated in the Contract Documents arc
of the essence of the Agreement.
12.3. Where CONTRACTOR is prevented from complet-
ing any part of the Work within the ConD'aCt lunes (or
Milestones) due to delay beyond the control of CONTRAC-
TOR. the CQntrac:t Tunes (or Milestones) will be extended in an
amount equal to the time lost due to such delay if a claim is
made therefor as provided in paragraph 12.1. Delays beyond
the comroI ofCON'TRACTOR shall include, but not be limited
to. acts or neglect by OWNER. acts or neglect ofutiJity owners
or other conU3CtOrs performing other work as contemplated by
Article 7. &res. floods. epidemics. abnonnal 'we:sther condi-
tions or acts of God. Delays aan'butable to and within the
conuol of a Subcontractor or Supplier shall be deemed to be
delays within the control of CONTRACTOR.
12.4. Where CONTRACTOR is prevented from complet-
ing any part of the Work within the ContraCt lunes (or
Milestones) due to delay beyond the control ot"both OWNER
and CONTRACIOR. an extensiOD of the ConU3CC lUDeS (or
Milesrones) in an amount equal to the time lost due to such
delay sbaJI be CON'TRACI'OR.s sole and exclusive remedy for
such delay. In no event shall OWNER be liable to CONTRAC-
TOR. any Subc:ontnlCtOr. any Supplier, any other person or
organizadon. or to any surety for or employee or ageut of any
of them. for damages arising out of or resulting from (i) delays
c:aused by or within the control ot" CONTRACTOR. or (ii)
3S
"":'::-
It
delays beyond the control of both parties including but not
limited to fires. ftoods. epidemics. abnormal weather condi-
Jions, acts of God or acts or neglect by utility owners or
other contractors perfonning other work as contemplated by
Anicle 7.
ARTICLE I3-TESTS AND INSPECI10NS;
CORRECTION, REMOVAL OR
ACCEPTANCE OF DEFEC11VE WORK
13.1. Notice of Defects: Prompt notice of aJl defective
Work of which OWNER or ENGINEER have actuaJ knowl-
edge will be given to CONTRACTOR. All d~ective Work
may be rejected. corrected or accepted as provided in this
Article 13.
Aceas' ID Wori::
)
13.2. OWNER, ENGINEER. ENGINEER's Consultants,
other representatives and personnel of OWNER.. indepcndent
testing laboratories and governmental agencies with jurisdic-
tionaJ interests will have ac:c:ess to the Work at reasonable times
for lbcit observation. inspecting and testing. CONTRACI'OR
shaD provide them proper and safe conditions for such access
and advise them of CONTRACI'OR's site safety procedures
and programs so that they may comply therewith as applicable.
T~ II1IIlInspeClioM:
13.3. CONTRACTOR shall give ENGINEER timely no-
tic: of readiness of the Work for all required inspections, tests
or approvals. and shall cooper.ue with inspection and testing
personnel to f8Clliwe required inspections or tests.
13.4. OWNER shall employ and pay for the services ot" an
independent testing laboratory to penonn all inspections. tests,
or approvals required by the Conuac:t Documents exc:cpt:
13.4.1. t"or inspections, tests or approvals covered by
paragraph 13.5 belo~
13.4.2. that costs incurred in connection with tests or
inspections conducted pursuant to par.lgI'apb 13.9 below
shall be paid as provided in said paragraph 13.9; and
13.4.3. as otherwise specifically provided in ~e Con-
1laCt Documents.
)
13.5. If' Laws or Regulations ot" any public body having
jurisdiction require any Work (or part thereof) speciiic:aJly to be
iDspec:ted. tested or approved by an employee or otbcr repre-
sentative of such public body. CONTRACI'OR shaD assume
fidI responsibility for arranging and obtaining such inspections.
rests or approvals. pay aJl com in connec:siaa therewith. and
ftamish ENGINEER the required c:crtific:aleS of'inspection. or
e
appro\-aI. CONTRACTOR shall aJso be responsible for arrang-
ing and obtaining and shaJl pay aJl COSES in connection with any
inspections. tests or approvals required for OWNER's and
ENGINEER's acceptance of materials or equipment to be
incorpor.ned in the Work, or of materiaJs, mix designs. or
equipment submined for approvaJ prior to CONTRACTOR's
purchase thereof for incorporation in the Work.
13.6. If any Work (or the work of others) that is to be
inspected, lested or approved is covered by CONTRACIOR
without wrinen concurrence of ENGINEER. it must, if re-
quested by ENGINEER, be uncovered for observation.
13.7. Uncovering Work as provided in paragraph 13.6 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.
Utu:overing 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 re-
quest, shaD uncover, expose or otherwise make av3J'Jable for
observation, inspection or testing as ENGINEER may require,
that portion of the Work in question. furnishing aJI necessary
labor. material and equipment. If it is found that such Work is
defective, CONTRACIOR shall pay all cJaims, costs, losses
and damages caused by, arising out of or resulting from such
uncovering, exposure, observation. inspection and testing and
of satisfactory replacement or rcc:onstruction (including but Dot
limited to all costs of repair or replacement of work ot" othe:s);
and OWNER shall be entitled to an appropriate dc:crcase in the
Contract Price, and. if the parnes arc unable to agree as to the
amount thereof. may make a claim therefor as provided in
Article 11. It". however, such Work is not t"ound to be d~/~clive,
CONTRACTOR shaJl be aJlowed an increase in the Contract
Price or an extension of the Contract Times (or Milestones), or
both. directly attnbutable to such uncovering, exposure, ob-
servation. inspection. testing, replacement and'reconstruction;
and. if the parties are unable to agree as to the amount or extent
thereof, CONTRACIOR may make a claim therefor as pr0-
vided in Articles II and 12.
OWNER May SlDp 1M WDrk:
13.10. If the Work is def~clill~, or CONTRACTOR fails to
supply sufficient skilled workers or suitable materials or equip-
ment. or faals to furnish or pcrfonn the Work in such a way that
the completed Work will conform to the ConU'ac:t Documents,
OWNER may order CONTRACl'OR to stop the Work. or any
portion thereof, until the cause for such order bas be=n
eliminated; however, this right of OWNER to stop the Work
.36
e
shall not give rise to any duty on the pan of OWNER to
exercise this right for the benefit of CONTRACIOR or any
ljprety or other party.
CDn'CctUm or RemoWJl of Df!feaivf! Work:
13.11. If required by ENGINEER, CONTRACTOR shaJl
promptly. as directed. either correct all deff!crivf! 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 Work that is not dttjecrivf!. CONTRACIOR shaJl
pay all claims. costs, losses and damages caused by or resulting
from such correction or removaJ {including but not limited to aJl
costs of repair or rcp1ac:cmcnt of work of others).
13.11. CornaiDll Period:
J.
13.12.1. If within one year after the c1ate of Substantial
Completion or such longer period of time as may be pre-
scribed by Laws or Regularions or by the terms of any
applicable speciaJ guarantee required by the ConU'aCt Doc-
uments or by any specific provision of the Contract Docu-
ments, any Work is found to be defecrivf!, CONTRACTOR
shall prompdy, without cost to OWNER and in accordance
. with OWNER's written iastnlctions: (i) co~ such defec-
IiVf! Work, or, if it has been rejected by OWNER. remove it
from the site and replac:e it with Work that is not deff!czive.
and (ii) satisfactorily correct or remove and replace any
damage to other Work or the work of others resulting
therefrom. If CONTRACTOR does Dot prompdy comply
with the tenns of such i~c:tions, or in an emergency
.where delay would cause serious risk of loss or cIama.gc,
OWNER may have the deff!crivf! Work corrected or the
rejcc:tcd Work removed and replaced, and all daims. costs,
losses and damages caused by or resulting from such re-
moval and replac:ement (including but not limited to all costs
of repair or replacement of work of others) wm be paid by
CON'I'RACI'OR.
13.12.2. In spec:ial c:ircumstances where a particular item
of equipment is placed in continuous service before SubSWl-
tiaI Completion of aJl the Work. the correction period for that
item may start to nm from an earlier dale if so provided in
the Specifications or by Wriaen AmendmenL
13.12.3. Where defectivt! Work (and damage to other
Work resulting therefrom) has been corrected, removed or
replac:ed under this paragraph 13.12. the correction period
hereunder with respect to such Work Wlll be extended for an
additional period of one year after such corn:c:tion or re-
moval and replacement has been satisfactonly completed.
AccqtlUlCt! 01 DeJf!t:live Work:
)
13.13. If, instead of n:quiring correction or removal and
replacement ot" dttf<<rive Work. OWNER (and. prior to ENGI-
NEER's n:c:ommendation offinal payment. also ENCiINEER)
prefers to accept it. OWNER may do so. CONTRACTOR shall
e
pay all claims, costs. losses and damages attnbutable to
OWNER's evaluation of and detennination lO ac::pt such
df!ff!crivf! Work (such costs to be approved by ENGINEER as
to re:ISOnableness). If any such ac:eptanc: occu~ prior to
ENGINEER's recommendalion of final payment. a Change
Order will be issued incorporating the necessary revisions in
the Contr:1Ct Documents wilh respect to the Work; and OWNER
shall be entitled to an appropriate decrease in the ConU2Ct
Price, and. if the parties are unable lO agree as to the amount
thereof, OWNER may make a claim therefor as provided in
Article 11. If the ac:c:cptance oc::urs after such rcc:ommencla-
tion, an appropriate amount will be paid by CONTRACTOR to
OWNER.
OWNER May Coma Df!feaille Worlc:
13.14. If CONTRACTOR fails within a reasonable time
after written notice from ENGINEER to correct df!ff!crivf!
Work or to remove and replace rejected Work as required by
ENGINEER in accordance with paragraph 13.11. or if CON-
TRACTOR falls to perform the Work in accordanc: with the
Contract Documents, or if CONTRACTOR fa.ils to comply
with any other provision of the ContraCt Documents. OWNER
may, after seven d.ays' wrilten notice to CONTRACIPR,
correct and remedy any such deficiency. In exercising the
rights and remedies under this paragraph OWNER shaJl pro-
c=d ex~ditiously. In connection with such corre:tive and
remedial action, OWNER may exclude CONTRACTOR from
all or part of the site, take possession of all or pan of the Wo~.
and suspend CONTRACIOR's services related thereto. take
possession of CONTRACIOR's tools, appUances, constrUc-
tion equipment and machinery at the site and incorporate in the
Work aJI materiaJs and equipment stored at the site or for which
OWNER has paid CONTRACIOR but which are stored
elsewhere. CONTRACTOR shall aJlow OWNER, OWNER's
representatives. agents and employees, OWNER's other con-
tractors and ENGINEER and ENGINEER's Consultants ac-
cess to the site to enable OWNER to exercise the rights and
remedies under this paragraph. All claims. costs. losses and
damages incurred or sustained by OWNER in exercising such
rights and remedies Wlll be charged against CONTRACIOR
and a Change Order will be issued incorporating the ncc:ssary
revisions in the Contract Documents with respect to the Work;
and OWNER shaJl be entitled to an appropriate de:rease in the
Contract Price. and. if the parties are unable to agree as to the
amount thereof. OWNER may make a claim therefor as
provided in Article 11. Such claims. costs. losses and damages
wm include but not be limited to aJI costs of repair or replace-
ment of worlc of others dcstroyed or damaged by correction.
removal or replacement of CONTRACIOR's deff!crive Work.
CONTRACTOR shall not be aJlowed an extension of the
Contract Times (or Milestones) because of any delay in the
perfonnanceofthe Work annbutable to the exercise bv OWNER
of OWNER's rights and remedics hereunder. .
ARTICLE I4-PAYMENTS TO CONTRACIOR AND
COMPLETION
SdutizIU ofValuu:
14.1. The schedule of values established as provided in
paragraph 2.9 will serve as the basis for progress payments and
37
e
will be incorporated into a form of Application for Payment
accepClble to ENGINEER. Progress paymenls on account oi
-Unit Price Work will be based on the number of units com-
pleted.
ApplicaDD" for Progt'US 1'tzyrMnt:
14.1. At least twenty days before the c1ale established for
each progress payment (but not more often than once a
month). CONTRACTOR shall submit to ENGINEER for
review an Application 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 materiaJs and equip-
ment 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 shaJl aJso be accompanied by a
bill of sale, invoice or other documentation warranting thal
OWNER has received the materiaJs and equipment free and
clear of aJI Liens and evidence that the materiaJs and
equipment are covered by appropriate propcny insur.mce
and other arrangements to protect OWNER's interest therein.
aJl of which will be satisf'actory lO OWNER. The amount of
retainage with respect to progress payments will be as
stipulated in the Agreement.
)
CONTRAC1'OR's WGn'rUIty ofTIIU:
14.3. CONTRAC1'OR warrants and guarantees that title to
aJJ Work. materiaJs lind equipment covered by any Application
for Payment. whether incorporated in the Project or not. wJ1/
pass to OWNER no later than the time ot" payment free and
clearofaJlUens.
RnUrw of Appli.ctltuJlufor 1"TDlI~ /'tqmat:
14.4. ENGINEER will. within ten days after receipt of
each Application for Payment. either indicate in writing a
recommendation of payment and present the Application to
OWNER. or retUrn the Application to CONTRAC'IOR indi-
c:azing in writing ENGINEER's reasons for refusing to recom-
mend payment. In the latter case. CONTRACTOR may make
the acc:ssary corrections and resubmit the Application. Ten
days after presentation of the Application for Payment to
OWNER with ENGINEER's recommendation. the amount
recommended will (subject to the provisions of the last sen-
tenc: ot" p;o.-agraph 14.7) become due and when due W111 be paid
by OWNER to CONTRACTOR. .
~)
14.5. ENGINEER's n:commenclalion of any payment re-
quested in an Application for Payment will constiwte a repre-
sencuion by ENGINEER to OWNER. based on ENGINEER's
on-site obsetvations of the executed Work as an experienced
and qualified design prot"essional and on ENGINEER's review
ot" the Applic::uion for Payment and the accompanying data and
schedules. that to the best of ENGINEER's knowledge. infor-
mation and belief:
e
14..5.1. the Worlc has progressed to the point indic:ued.
1';..5.!. lhe quaJity of the Work is generally in accor-
dance with the Contract Documents (subject to an evalu-
ation of the Work as :J. functioning whole prior to or upon
Substantial Completion, lO the results of any subsequent
tests Q/led for in the Conuact Documents. to a final
detennination of quanlities and classifications for Unit
Price Work under paragraph 9.10. and to any other quali-
fications stated in the recommendation). and
14.5.3. the conditions precedent to CONTRACTOR's
being entitled to such payment appear to have be:n
fulfilled in so far as il is ENGINEER's responsibility to
observe the Work.
However. by recommending any such payment ENGINEER
will not thereby be deemed to have represented that: (i)
exhaustive or continuous on-site inspections have been made
to check the quality or the quantity of the Work beyond the
responsibilities speciiic:ally assigned to ENGINEER in the
Contract Documents or (ii) that there may not be other ma.acrs
or issues between the partics that might entitle CONTRAC-
TOR to be paid additiOnally by OWNER or entitle OWNER to
withhold payment to CONTRACTOR.
14.6. ENGINEER's recommendation of any payment. in-
cluding final payment. shall DOl mean that ENGINEER is
responsible forCONTRACIOR's means. methods. techniques.
sequences or procedures of construction. or the saf'ety precau-
tions and programs incident thereto. or for any farlun: of
CONTRACTOR to comply with Laws and Regulations appli-
cable to the furnishing or performance of Work. or for any
failure of CONTRACTOR to perform or furnish Work in
accordance with the Contract Documents.
14.7. ENGINEER may refuse to recommend the whole or
any pan of any payment if, in ENGINEER's opinion. it would
be incorrect lO make the representations to OWNER referred
to in paragraph 14.5. ENGINEER may also refuse to recom-
mend any such payment. or. because or subsequently discov-
ered evidence or the results of subsequent inspections or tests.
nullify any such payment previously recommended, tc). such
extent as may be necessary in ENGINEER's opinion to
protect OWNER from loss becwse:
14.7.1. the Work is d~f~CI;lIt. or completed Work has
been damaged requiring correction or replac:cment.
14.7.2. the Contract Price has been reduced by Writ-
ten Amendment or Change Order.
14.7.3. OWNER has been required to COITCCt d~j~c-
I;II~ Work or complete Work in accordance with paragraph
13.14. or
14.7.4. ENGINEER has actual knowledge of the oc-
currenc: of any of the events enumerated in paragraphs
15.1.1 through 15.2.4 inclusive.
OWNER may refuse to make payment of the fUU amoum:
recommended by ENGINEER beClusc:
14.i.5. claims have been made against OWNER on
account of CONTRACI'ORs performance or furnishing of
the Work.
38
.
14.7.6. Liens have been filed in connection with the
· Work, except where CONTRACTOR has delivered a
specific Bond satisfactory to OWNER to secure the
satisfaction and discharge of such Liens.
14.7.7. there are other ilerns entitling OWNER to a
set-off' against the amounl recommended. or
14.7.8. OWNER has actual knowledge of the occ:ur-
rence of any of the events enumerated in paragraphs
14.7.1 through 14.7.3 or paragr.lphs 15.2.1 through 15.2.4
inclusive;
but OWNER must give CONTRACTOR immediate written
notice <with a copy to ENGINEER) stating the reasons for
such action and promptly pay CONTRACTOR the amount so
withheld. or any adjustment thereto agreed to by OWNER and
CONTRACTOR. when CONTRACTOR corrects to OWN-
ER's satisf:1c:tion the reasons for such action.
SubstlzzuiDl CDmpletiDrr: .
)
14.8. When CONTRAcroR considers lhe entire Work
ready for its intended use CONTRACTOR shall notify OWNER
and ENGINEER in writing that the entire Work is substantially
. complete <except for items specific:aJly listed by CONTRAC-
TOR as incomplete) and request that ENGINEER issue a
certificate of SubstantiaJ Completion. Within a reasonable time
thereafter, OWNER. CON1"RACIOR and ENGINEER shall
make an inspection of the Work to determine the status of
completion. If ENGINEER does not consider the Work sub-
stantially complete, ENGINEER wm notify CONTRACTOR
in writing giving the r=sons therefor. If ENGINEER considers
the Work substantially complete. ENGINEER will prepare and
deliver to OWNER a tentative cenific::ue of SubstantiaJ Com-
pletion which shaD fix the date of Substantial Completion.
There shaJl be anac:hed to the certificate a tentative list of items
to be completed or corrected before final paymenL OWNER
shall have seven days after receipt of the tentative certific::uc
during which to make wrinen objection to ENGINEER as to
any provisions of tJie certific:aIe or attached lisL If. after
considering such objections, ENGINEER concludes that the
Work is not substantially complete. ENGINEER will within
fourteen clays after submission of the tentative ccrtific::ne to
OWNER notify CONTRACTOR in writing, stating the re:ISOns
therefor. If, after consideration of OWNER's objections. EN-
GINEER considers the Work substantially complete. ENGI-
NEER will within said fourteen days execute and deliver to
OWNER and CONTRACTOR a definitive certificate of Sub-
stantial Completion (with a revised tentative list of itemS to be
completed or corrected) reflecting such changes from the
tentative certificate as ENGINEER believes justified after
considenuion of :my objections from OWNER. Al the time of
deliver)' of the tentative certifiC1te of Substantial Completion
ENGINEER WIll deliver to OWNER and CON'TRACTOR a
written rcc:ommendation as to d"JVision of responsibilities pend-
ing linaJ payment between OWNER and CONTRACTOR with
respect to security. operadon, safety, maintenance, heaL utili-
des. insurance and wamntics and guarantees. Unless OWNER
and CONTRACI'OR agree otherwise in writing and so inform
)
.,--
e
ENGINEER in writing prior to ENGINEER's issuing the
definitive certificate of Substanili11 Completion. ENG IN EER' s
:uores:1id recommendation will be binding on OWNER and
CONTRACTOR until final payment.
1~.9. OWNER shall have the right to exclude CONTRAC-
TOR from the Work after the ~le of SubstantiaJ Completion,
but OWNER shall allow CONTRACTOR rc:1Sonable access to
complete or com:ct items on the tentative list.
PaniJJl Uti1irJuUm:
14.10. Use by OWNER at OWNER's option of any sub-
stantially completed part of the Work which: (i) h:1S spcdfically
been identified in the Contr.lct Documents. or (ii) OWNER.
ENGINEER and CONTRACTOR agree constitutes a sepa-
rately functioning and usable part of the Work that can be used
by OWNER for its intended purpose without signiiic::mt inter-
ference with CONTRACTOR's performam:: of the remainder
of the Work, may be accomplished prior to Substantial Com-
pletion of aJllhe Work subject to the following:
14.10.1. OWNER' at any time may request CON-
TRACIOR 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 agrees that such pan of the Work is substan-
tially complete. CONTRACTOR will certify to OWNER
and ENGINEER that such part of the Work is substan-
tially complete and request ENGINEER to issue a certif-
icate of Substantial Completion for that part of the Work.
CONTRACTOR at any time may notify OWNER and
ENGINEER in writing that CONTRACTOR considers
any such part of the Work ready for its intended use and
substantially complete and request ENGINEER to issue a
certific:are of Subst:1ntial Completion for that pan of the
Work. Within :l reasonable time after either such request,
OWNER. CONTRAcroR and ENGINEER shall make
an inspection of that part of the Work to determine its
status of completion. If ENGINeER does not consider
that part of the Work to. be substantiaJly complete, ENGI-
NEER ..m notify OWNER and CONTRAcroR in writ-
ing giving the I'C3SOns therefor. If ENGINEER considers
that part ot' the Work to be substantiaJly complete, the
provisions of par:IgI':lphs 14.8 and 14.9 will apply with
respect to certification of Substantial Completion of that
part of the Work and the division of responsibtlity in
respect thereof and access thereto.
14.10.!. No occ:upancy or separ.lte opcr.uion of part
of the Work will be accomplished prior to compliance with
the requirements of paragraph 5.15 in rcspc::t ofpropcrty
insur.:lllCe.
FiruIllnsp<<1iDn:
I,U 1. Upon written notice from CONTRACrOR that the
entire Wort or an agreed portion thereof is complete, ENGI-
NEER will make a final inspection with OWNER and CON-
TRACTOR and WIll notify CONTRACTOR in writing gf aD
39
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paniculars in which this inspection reve:lls that the Work is
incomplete or d~/~cli,,~. CONTRACIOR shall immediately
rake such mc:LSures as are necessary to complete such Work or
remedy such deficiencies.
-
FiMJ. Appliazrio" for PIlJIM1U:
")
14.12. After CONTRAcroR has completed all such cor-
rections to the satisfaction of ENGINEER and delivered in
accordance with the Contract Documents aJl maintenance and
operating instructions. schedules, guarantees. Bonds, certifi-
cues or other evidence ofinsurance required by pamgraph 5.4.
ccnific:a1es of inspction, marked-up re::ord documents (as
provided in paragraph 6.19) and other documents. COfltTRAC.
TOR may make application for final payment following the
procedure for progress payments. The final Application for
Payment shall be accompanied (except as previOUSly delivered)
by: (i) aJl documentation called for in the Contract Doc:uments,
including but not limited to the evidence of insurance required
by subpar.agraph 5.4.13, (ii) consent of the surety, it"any. to final
payment, and (iii) complete and legaJly effective releases or
waivers (satisfactory to OWNER) of aJI Liens arising out ot" or
filed in COMcction with the Work. In lieu of such releases or
waivers ot" Liens and as approved by OWNER. CONTRAC-
TOR may furnish receipts or releases in full and an affidavit of
CONTRACTOR that: (i) the releases and receipts include all
labor. services, materiaJ and equipment for which a Lien could
be filed. and (ii) all payrolls. material and equipment bills and
other indebtedness connected with the Work for which OWNER
or OWNER's property might in any way be responsible have
been paid or otherwise satisfied. If any Subc:onuactor or
Supplier fails to furnish such a release or receipt in full.
CONTRACroR may furnish a Bond or other collateral satis-
factory to OWNER to indemnify OWNER against any Lien.
FiMJ. PaytIWIl azul Accept.tznu:
._)
14.13. If, on the basis of ENGINEER's observation of the
Work during constrUction and final inspection. and ENGI-
NEER's review of the final Application for Payment and
accompanying documentation as required by the Concr.ic:t
Documents, ENGINEER is satisfied that the Work has bccn
completed and CONTRACTOR's other obligations under the
Conaact Documents have been fulfilled. ENGINEER will.
within ten clays after receipt of the final AppliCllion for
Payment, indicue in writing ENGINEER's recommendation
of payment and present the Applic::uion to OWNER for pay_
meaL At thi:: same time ENGINEER will aJso give written
notice to OWNER, and CONTRACIOR that the Work is
ac:c:eptable subject to the provisions of p;ngraph 14.15. Oth.
erwise, ENGINEER will return the Application to CON-
TRACI'OR, indic:abng in writing the reasons for refusing' to
recommend final payment, in which case CONTRACTOR shall
make the necessary corrections and resubmit the Applic::uion.
Thirty days after the presentation to OWNER of the Applica-
tion and acc:ompanying documentation. in appropriate form
aad substance and with ENGINEER's recommendation and
aouce of acceptability. the amount recommended by ENGI-
NEER will become due and WIll be paid by OWNER to
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CONTRACTOR.
14.14. If, through no fault of CONTRACTOR. fiD:1l com-
pletion of the Work is signilic:lJuly dela.yed and if ENGINEER
so confirms. OWNER sh:1ll. upon receipt of CONTR.~R's
finaJ Applicuion for Payment and recommendation of ENGI-
NEER. and without tenninating lhe Agreement. make pay_
ment of the baJance due for th:ll portion of the Work fully
completed and acce;ned. If the rerrnlining b:1lance to be held by
OWNER for Work nOl fully completed or corrected is less than
the retainage stipulated in the Agreement. and it" Bonds have
been furnished as required in parogroph 5.1. the wrinen con-
sent of the surety to the paymenl or the balance due for that
portion of the Work fully completed and accepted shall be
submitted by CONTRACTOR to ENGlNEER with the Appli-
cation for such paymenL Such payment sh:1ll be made under
the terms and conditions governing final paymenL except that
it shaJl not constitute a waiver of claims.
Waiwr 01 CI4inu:
14.15. The making and accepmnce of fina.l parment will
constitute:
14.15.1. a waiver of all claims by OWNER against
CONTRACIOR. except claims arising from unsenled Liens.
from d~/~clill~ Work appearing after final inspection pursu-
ant lO paragraph 14.11, from failure to comply with the
Contract D~uments or the terms ot" any special guar.ultees
specified lherein. or from CONTRACTOR's continuing ob-
ligations under the Contr.lCt Documents: and
14.15.2. a waiverofaJl claims by CONTRACTORapinst
OWNER other than those previously made in writing and
stili unsettled.
ARTICLE I5-SUSPENSION OF WORK AND
TERMINATION
OWNER May Susperul Work:
15.1. At any time and without cause. OWNER may sus-
pend the Work or any portion thereof for :l period of not more
than ninety clays by notice in writing to CONTRACTOR and
ENGINEER which WIll fix the date on which Work WIll be
resumed. CONTRAcroR shaJl resume the Work on the date
so fixed. CONTRACIOR shaJl be allowed an adjustment in the
Contr.lCt Price or an extension of the Contract TImes. or both.
directly attn'butable lO any such suspension if CONTRAcroR
ma.Jces an approved claim therefor as provided in Articles 11
and 12.
OWNER ,'Jay Tomintzu:
15.!. Upon the occurrence of anyone or more ot" the
following events:
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15.2.1. if CONTRACIOR persistently f:lils to perform
. the Work in accordance with the Contr:1ct Documents (in-
cluding. but not limited to, failure to supply sufficient slalled
workers or suitable m:1teriaJs or equipmenl or f:1ilure to
adhere to the progress schedule established under p:u:Igr.lph
2.9 as adjusted from time to time pursU:1Dt to paragroph 6.6);
15.2.2. if CONTRACTOR disreg:u-ds uws or Regul:J.-
tions of any public body having jurisdiction:
15.2.2. . if CONTRAcroR disregards the authority of
ENGINEER; or
1.5.2.4. it"CONTRAcroR olherwise violates in any sub-
stantial way any provisions of the Contr.lCt Documents:
)
OWNER may, after giving CONTRACl'OR (:lnd lhe surety,
if any,) seven days' written notice and to the extent permit-
ted by laws and Regulations. terminale lhe services of
CONTRACTOR. exclude CONTRACl'OR from the site and
take possession of the Work and of aJl CONTRACI'OR's
tools. appliances, construction equipmenl and machinery at
the site and use the same to the full extent they could be used
by CONTRAcroR (without liability to CONTRAcroR for
trespass or conversion), incorporate in the Work :111 materi-
aJs and equipment stored at the site or for which OWNER
has paid CONTRACI'OR but which are stored elsewhere.
and finish the Work as OWNER may deem expedient. In
such case CONTRAcroR shaJl not be entided to n:c:ive
any further payment until the Work is finished. If the unpaid
balance of the Contract Price exceeds aJl claims. costs,
losses and damages sustained by OWNER arising out of or
resulting from completing the WorK such excess will be paid
to CONTRAcroR. If such claims, costs. losses and dam-
ages exceed such unpaid baJance. CONTRACTOR shall pay
the difference to OWNER. Such claims. costs, losses and
damages incurred by OWNER wm be reviewed by ENGI-
NEER as to their rc3Sonableness and when so approved by
ENGINEER incorporated in :1 Change Order. provided that
when exercising any rights or remedies under this par.1gr.lph
OWNER shaJI not be required to obtain the ~owcst price for
the Work performed.
1.5.3. Where CONTRAcroR's scrvic:s ha.ve been so ter-
milWed by OWNER. the termination wiD not :J.f'f'ect any rights
or remedies of OWNER against CONTRAcroR then existing
or which may thereafter accrue. Any retention or payment of
moneys due CONTRACIOR by OWNER WIll not relC3Se
CONTRACTOR from liability.
15.4. Upon seven clays' wriaen notice to CONTRACTOR
and ENGINEER. OWNER may. without c:wse and without
prejudice to any other right or remedy of OWNER. elect to
tcnninau: the Ag:re:ment. In such c:1Se. CONTRACTOR shall
be paid (without duplic::uion of any items):
->
.....
15.4. J. for completed :lJ1d acceptable Work exe:uted in
accordance with the Contr.1Ct Documents prior to the cff'cc-
ave dale of termination. including fair and n::sonable sums
for overbc::1d and profit on such Work:
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15.4.2. for expenses sustained prior lO the effective date
of termil1:1tion in performing services and furnishing labor.
materi:1ls or equipment as required by the Contr:1Ct Docu-
ments in connection with uncompleted Work. plus fair and
rc:1Sonable sums for overhead and profit on such e~penses;
15.4.3. for all claims, costs, losses and damages incurred
in settlerrienl or lerminated contr:1c:s with Subcontractors.
Suppliers :lJ1d others: :lJ1d
15.4.4. for reasonable expenses directly annbutable to
termination.
CONTRACTOR shall not be paid on ac:::cunt of loss of
:lJ1ticipated profits or revenue or olher economic loss arising
out of or resulting from such termination.
CONTRACTOR May SlOp Work Dr Termi1uzu:
15.5. . If. through no act or fault of CONTRACI'OR. the
Work is suspended for a period of more than ninety days by
OWNER or under an order of court or other public author-
ity. or ENGINEER fails to act on any Application for
P:l.yment within thirty days after it is submitted or OWNER
falls for thirty clays to pay CONTRACTOR any sum finally
determined to be due, then CO~'1'RACTOR may, upon
seven clays' written notice to OWNER and ENGINEER.
and provided OWNER or ENGINEER do not remedv such
suspension or failure within that time. terminate the Agre:-
ment and recover from OWNER payment on the same terms
as provided in paragraph 15.4. In lieu of terminating the
Agreement and without prejudice to any other right or'
remedy, if ENGINEER has failed to act on an Application
for Payment within thirty clays after it is submitted, or'
OWNER has faaled for thirty clays to pay CONTR.-,croR
any sum finaJly determined to be due, CONTRACI'OR may
upon seven c1ay's wrinen notice to OWNER and ENGI-
NEER stop the Work unul payment of all such amounts due
CONTRACTOR. including interest thereon. The provisions
of this paragraph 15.S arc not intended to preclude CON-
TRAcroR from making claim under Articles 11 and 12 for
an inCTCSe in Contr:l.ct Price or Contract Times or otherwise
for c.'Cpenses or damage directly attributable to CONTRAC-
TOR's stopping Work as permitted by this paragraph.
ARTICLE I6-DISPUTE RESOLUTION
If and 10 the extent that OWNER and CONTRACTOR have
agrc:d on the method and procedure for resolving disputes
betwc-..n them that may arise under this Agreement. such
QlSpute resolution method :lJ1d procedure. if any. shaJl be as set
forth in Exhibit GC-A. '.Dispute Resolution Agr=ment." to be
:1ttaChed hereto :lJ1d made a part hereof. If no such agrc:ment
on the method :lJ1d procedure for resolving such disputes has
be:n I'C1ched. and subject to the provisions of paragraphs 9.10,
9.11. and 9.I!.. OWNER and CONTRACI'OR may =e:dse
41
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such rights or remedies as either may otherwise have under the
Contract Documents or by L.:1ws or Regulations in respe::t of
,;ny dispute.
ARTICLE 17-MISCELl.ANEOUS
Givinr N<<ia:
17.1. Whenever any provision of the Contract Documents
requires the giving of written notice. it WIll be deemed to have
be:n validly given if deliVered in person to the individual or to
a member of the finn or to an officer of the corporation for
whom it is intended, or if delivcn:d at or sent by registered or
certified awl, pgstage prepaid, to the last business address
known to the giver of the notice.
Compllllzlitm ofTimc:
17.2.1. When any period of time is referred to in the
Contract Dcc:uments by clays, it WIll be computed to exclude
. the first and include me last day of such period. If the last clay
of any such period faJIs on a SaEurday or Sunclay or on a day
made a legal holiday by the law of the applicable jurisdiction.
such day will be omiaed from the computation.
17.2.l. A calendar clay of twenty-four hours measured
from midnight to the next midnight WIll constibJte a clay.
)
NGtia of C1Gim:
17.3. Should OWNER or CONTRACTOR suffer injury or
damage to person or property because of any error, omission or
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act of the other parry or of Olny o( lhe olher party's employc:s
or agents or others (or whose acts the other party is legally
liable, claim will be made in writing to the other party within a
re:1Sonable lime or the first observance of such injury or
damage. The provisions or this par3gr.1ph 17.3 shaJ1 not be
construed as a substitute for or a waiver of the provisions ot"
any applicable sWUte of limitations or repose.
CIIIIIlllDtivc R~:
17.4. The duties and obligations imposed by these Genc:al
Conditions and the rights and remedies aV3Jlable hereunder to
the panies hereto. and. in particular but without limitation, the
warranties, guarantees and obligations imposed upon CON-
TRACTOR by paragraphs 6.12. 6.16. 6.30. 6.31, 6.32. 13.1,
13.12. 13.14, 14.3 and 15.2 and aJl of the rights and remedies
available to OWNER and ENGINEER thereunder. arc in
addition to. and are not to be construed in any way as a
limitation ot", any rights and remedies aV3llable to any or all of
them which arc otherwise imposed or aV3Jlable by Laws or
RcgulaIions. by special warranty or guarantee or by odJer
provisions of the Cont~t Documents, and the provisions of
this paragraph WIll be as effective as if" repeated speQiicaJly in
the Contr3Ct Documents in conncction with each panic::Uar
duty, obligation. right and remedy to which they apply.
ProfessiDMl F~ azul Court Com Inr:lmWJ:
17.5. Whenever reference is made to ""claims, COStS. losses
and damages:' it shaJl include in each case. but not be limited
to. aJl fees and c:hargcs of engineers. architects, attorneys and
other professionals and aJl court or arbitradon or other dispute
resolution costs.
[The remainder of this page was left blank intentionaJly.]
)
42
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SUPPI .RMENT ARY CONDmONS OF THE AGREEMENT
SC-l PRECEDENCE: These supplementary conditions of the Agreement are a supplement and
where in conflict, they take precedence over the General Conditions of the Agreement of this
Specification.
SC-2 OWNERlENGINEER: The word "OWNER" in these Specifications shall be understood as
referring to the City of La Porte, Texas. The word "ENGINEER" in these Specifications shall be
understood as referring to the City Engineer for the City of La Porte, Texas.
SC-3 SCOPE OF WORK: The work to be performed under this contract consists of furnishing
all materials, labor, supervision, tools, and equipment necessary to complete the work.
SC-4 SEOUENCE OF WORK: All work covered by this Contract shall be completed within the
number of calendar days designated by the Contractor in the Bid Proposal.
SC-s TIME OF COMPLETION: The CONTRACTOR shall complete the work as provided in
the Contract Documents and within the time limitations described in paragraph SC-4, Sequence of
Work, unless otherwise stipulated to proceed. Calendar days shall be computed beginning and
inclusive of the first day of the Notice to Proceed. CONTRACTORS shall notify OWNER in
writing 48 hours prior to start of construction. The time of completion shall include delivery time
of all equipment and materials required to complete the work in conformance with the Drawings
and Specifications.
SC-6 UQUIDATED DAMAGES FOR DELAY: It is understood and agreed between the parties
hereto that time is of the essence of this Contract, and that for each calendar day of delay beyond
the completion date (after due allowance for such extension of time as provided herein) the
CONTRACTOR shall pay the OWNER as liquidated damages the sum of one hundred dollars
($100,()()), it being understood between the parties hereto that such sum shall be treated not as a
penalty, but as liquidated damages for loss of revenue to the OWNER.
SC-7 GUARANTEE: The CONTRACTOR shall furnish the OWNER with a written guarantee
on all workmanship and materials provided by him for the project. The written guarantee shall be
made out to the OWNER and in a form satisfactory to the OWNER, guaranteeing all of the work
under the Contract to be free from faulty materials in every particular, and free from faulty
workmanship, and against injury from proper and usual wear; and agreeing to replace or to
reexecute without cost to the OWNER such work as may be found to be imperfect or improper,
and to make good all damage caused to other required replacement or reexecution. The guarantee
shall be made to cover a period of one year from the date of completion of all work under this
Contract. This guarantee must be furnished to the OWNER for approval, prior to acceptance and
final payment. Neither the final certificate nor payment nor any provision in the Contract
Documents shall relieve the CONTRACTOR of the responsibility for neglect or faulty materials or
workmanship during the period covered by the guarantee.
Supplementary Conditions 1 of 10
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SC~ MATF.RTAL~ AND WORKMANSHIP: No material which has been used by the
CONTRACTOR for any temporary purpose whatever is to be incorporated in the permanent
structure without written consent by the OWNER.
SC-9 SANITARY FACll.JTIES: The CONTRACTOR shall maintain sanitary facilities at a
location satisfactory to the OWNER, for use by the employees of the CONTRACTORS. They
shall be well ventilated, but provide proper concealment, and shall be kept scrupulously clean at all
times by the CONTRACTOR. The facilities shall be removed and the site restored to its original
condition upon the completion of the work. All such facilities shall conform to the requirements of
the state and local health authorities, ordinance and law.
SC-IO INCONVENIENCES TO THE PUBLIC: It is declared and acknowledged intent of these
specifications that all work such as backfilling of excavations, removing forms, repairs to roads and
drives, and clean-up or other such operations shall follow as closely as practical to the laying or
installing operations, in such a manner that the public is not unnecessarily inconvenienced nor a
hazard to public safety created. Any specific limitation in the technical specifications referring to
the control of the "follow-up" operations, such as the minimum distance of unfilled trench allowed
behind the excavating operations, shall be strictly enforced. The OWNER or OWNER'S
representative will notify the CONTRACTOR if his forces and/or equipment are insufficient to
such a degree that the public is unnecessarily inconvenienced and/or a hazard to the public safety is
created. The CONTRACTOR, upon notification by the OWNER or OWNER'S representative
shall make necessary changes to his forces and/or equipment.
SC-ll PERMITS: Permits and licenses of a temporary nature necessary for the prosecution of the
work shall be secured and paid for by the CONTRACTOR. Easement, right~f-way and
instruments of a permanent nature shall be secured and paid for by the OWNER. CONTRACTOR
shall obtain all required permits from the City of La Porte and any other affected agency.
SC-12 CLEAN-UP: The CONTRACTOR shall at all times keep the site and structures or
facilities thereon free from accumulations of waste material, debris or rubbish caused by his
employees or work; at the completion of the work he shall remove from the site all his tools,
surplus materials, debris, and shall leave the site and his work "broom clean" or the equivalent,
unless otherwise noted on the drawings or specified by the OWNER.
SC-13 OPERATIONS AND BUSINESS OF THE OWNER: It is of great importance that the
OWNER'S operations meet with a minimum of interference resulting from the work requiring by
these Contract Documents. The CONTRACTOR shall, therefore, conduct his work in such a
manner as to permit these continued operations and so as not to interfere with the business of the
OWNER. The CONTRACTOR shall use the route of entry designated by the ENGINEER at the
pre-construction meeting and restrict all his vehicle and personnel to this route and to the site. The
blocking or hindering of traffic will not be permitted.
SC-14 SEPARATE CONTRACTS: The OWNER reserves the right to let other contracts in
connection with this work. The CONTRACTOR shall afford other contractors reasonable
opportunity for the introduction and storage of their materials and the execution of their work and
Supplementary Conditions 2 of 10
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where required, shall properly connect and coordinate his work with theirs.
SC-lS RIGHTS OF VARIOUS INTERESTS: Wherever work being done by the OWNER'S
forces or by other contractors contiguous to work covered by this contractor, the respective rights
or the various interests involved shall be established by the OWNER or his resident inspector, to
secure the completion of the various portions of the work in general harmony, CONTRACTOR
shall issue work schedules in conflicting areas as requested by the OWNER or his resident
inspector.
SC-16 STORAGE OF MATERIt\l.s AND EQUIPMENT: Any material which has
deteriorated, become damaged or otherwise unfit for use, shall not be used in the work. Any
material or equipment must be stored at a location directed by the ENGINEER at the pre-
construction meeting. Upon completion of all work, or when directed by the OWNER, the
CONTRACTOR shall remove such storage facilities or equipment form the site.
SC-17 PUBUC UTll.JTY OBSTRUCTIONS: Pipe lines and other existing underground
structures in the vicinity of the work are shown on the drawings according to the best infonnation
available to the OWNER. The OWNER does not guarantee the accuracy of this information. The
CONTRACTOR shall make every effort to locate all underground utilities by prospecting in
advance of trench excavation, The cost of repair of existing utilities damaged by the
CONTRACTOR shall be borne by the CONTRACTOR, and shall be scheduled so as to cause the
least possible inconvenience to the public.
Any delay or extra cost to the CONTRACTOR caused by pipe lines or other underground
structures or obstructions not shown on the plans or found in different locations than those
indicated, shall not constitute a claim for extra work, additional payments, or damages.
SC-18 SUBLETI1NG THE WORK: The CONTRACTOR shall perform with his own
organization and with the assistance of workmen under his immediate supervision, work not less
than fIfty percent (SO %) of the value of all work embraced in the Contract exclusive of items not
commonly found in contracts for similar work or which requires highly specialized knowledge,
craftsmanship and/or equipment not ordinarily available in the organizations of the contractor's
performing work of the character embraced in the Contract. No portion of the work covered by
these specifications and materials, shall be sublet without written permission from the OWNER. If
the CONTRACTOR sublets any part of the work to be done under this Contract, he will not under
any circumstances be relieved of his responsibility and obligations. Ail transactions of the OWNER
will be with the CONTRACTOR. Subcontractors will be considered only in the capacity of
employees and/or workmen and shall be subject to the same requirements as to character,
competency, wages and hours. The OWNER will not recognize any subcontractor on the work.
The CONTRACTOR shall at all times, when the work is in
operation, be represented either in person or by a qualified superintendent or other designated
representative. A complete list of subcontractors must be submitted within ten (10) days after start-
up.
SC-19 PROTECTION OF EXISTING FAcn .ITIES: The CONTRACTOR shall use
Supplementary Conditions 3 of 10
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construction equipment, labor, or techniques to insure that existing facilities such as but not limited
to, existing utilities are not damaged. A careful pre-construction inspection of existing facilities
will be made with the OWNER and the CONTRACTOR.
SC-20 PROTECTION OF TREES AND SHRUBS: Any trees, shrubs, plants, or ornamental
growth within the right-{)f-way, not directly interfering with the construction of the road bed,
sidewalks, driveways or sewer shall be protected from damage by the CONTRACTOR. Any tree,
shrub, plant or ornamental growth that interferes with the construction of the roadway, sewers,
sidewalks or driveways shall be relocated to a location satisfactory to the adjoining property owner
outside of the street right-{)f-way. Large trees not conducive to moving shall be removed and
disposed.
SC-21 PROJECT SCHEDULING: CONTRACTOR shall coordinate all work with OWNER.
SC-22 WATER FOR CONSTRUCTION AND TESTING: CONTRACTOR may obtain water
for construction and testing from the City of La Porte at his cost. A construction meter will be
provided at no cost to the CONTRACfOR for the duration of construction.
SC-23 OPERATION OF EXISTING FACILITIES: The City of La Porte shall operate all
existing facilities (Le., lift stations, valves, fIre hydrants) during construction.
SC-24 DIi:I.Ii:TION OF ARTICLES IN GENERAL CONDmONS: Articles of the General
Conditions covering OWNER'S liability insurance, Sections 5.5 through 5.10, are hereby deleted
are not part of this Contract and is not required by the OWNER.
SC-2S REQUIRED CONTRACTOR INSURANCE: CONTRACTOR shall obtain insurance as
detailed. Each policy obtained by the CONTRACTOR for work with this contract, with exception
of the Worker's Compensation policy, shall name the OWNER and the ENGINEER as an
additional insured. The coverage and amounts designated are minimum requirements and do not
establish limits of the contractor's liability. Additional coverage may be provided at the
CONTRACfOR'S option and expense. Insurance must include:
General Liability:
Commercial General Liability
General Aggregate
Personal Injury
Each Occurrence
$1,000,000.00
$1,000,000.00
$1,000,000.00
Automobile Liability:
Combined Single Limit
$1,000,000.00
Excess Liability:
Umbrella
Each Occurrence
Each Aggregate
$1,000,000,00
$1,000,000.00
Supplementary CondlUons 4 of 10
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Worker's Compensation:
A, Definitions:
Certificate of coverage ("certificate"). A copy of a certificate of insurance, a certificate of
authority to self-insure issued by the commission, or a coverage agreement (fWCC-81,
TWCC-82, TWCC-83 or TWCC-84), showing statutory workers' compensation insurance
coverage for the person's or entity's employees providing services on a project, for the
duration of the project.
Duration of the project - includes the time from the beginning of the work on the project
until the contractor's work on the project has been completed and accepted by the OWNER.
Persons providing services on the project - includes all persons or entities perfonning all or
part of the services the contractor has undertaken to perfonn on the project, regardless of
whether that person has employees. This includes, without limitation, independent
contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees
of any such entity, or employees of any entity which furnishes persons to provide services
on the project. "Services" include, without limitation, providing,
hauling, or delivering equipment or materials, or providing labor, transportation, or other
services related to the project. "Services" does not include activities unrelated to the
project, such as foodlbeverage vendors, office supply deliveries, and delivery of portable
toilets.
B. The CONTRACfOR shall provide coverage, based on proper reporting of classification
codes and payroll amounts and ftling of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor
providing services on the project, for the duration of the project.
C. The CONTRACfOR must provide a certificate of coverage to the OWNER prior to
being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage ends
during the duration of the project, the contractor must, prior to the end of the coverage
period, flle a new certificate of coverage with the OWNER showing that coverage has been
extended.
E. The CONTRACfOR shall obtain from each person providing services on the project,
and provide the OWNER:
(1) a certificate of coverage, prior to that person beginning work on the project, so
the OWNER will have on tile certificates of coverage showing coverage for all
persons providing services on the project; and
Supplementary Conditions 5 of 10
e
tit
(2) no later than seven (7) days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project.
F. The CONTRACfOR shall retain all required certificates of coverage for the duration of
the Project and for one (1) year thereafter.
G. The CONTRACfOR shall notify the OWNER in writing by certified mail or personal
delivery, within ten (10) days after the contractor knew or should have known, of any
change that materially affects the provisions of coverage of any persons providing services
on the 'project.
H. The CONTRACfOR shall post on each project site a notice, in the text, form and
manner prescribed by the Texas Workers' Compensation Commission, informing all
persons providing services on the Project that they are required to be covered, and stating
how a person may verify coverage and report lack of coverage.
I. The CONTRACfOR shall contractually require each person' with whom it contracts to
provide services on the Project, to:
(1) provide coverage, based on proper reporting of classification codes and payroll
amount and fIling of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all of its employees
providing services on the Project, for the duration of the Project;
(2) provide to the CONTRACfOR, prior to that person beginning work on the
Project, a certificate of coverage showing that coverage is being provided for all
employees of the person providing services on the Project, for the duration of the
Project;
(3) provide the CONTRACTOR, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage period shown
on the current certificate ends during the duration of the Project;
(4) obtain from each other person with whom it contracts, and provide the
CONTRACfOR:
(a) a certificate of coverage, prior to the other person beginning work on the
project; and
(b) a new certificate of coverage showing extension of coverage, prior to the
end of the coverage period, if the coverage period shown on the current
certificate ends during the duration of the Project.
Supplementary Conditions 6 of 10
e
e
(5) retain all required certificates of coverage on file for the duration of the Project
and for one (1) year thereafter;
(6) notify the OWNER in writing by certified mail or personal delivery, within ten
(10) days after the person knew or should have known, of any change that
materially affects the provisions of coverage of any person providing services on the
Project; and
(7) contractually require each person with whom it contracts, to perform as required
by paragraphs (1) - (7), with the certificates of coverage to be provided to the
person for whom they are providing service.
J. By signing this contract, the CONTRACfOR is representing to the OWNER that all
employees of the CONTRACfOR who will provide services on the Project will be covered
by workers' compensation coverage for the duration of the Project, that the coverage will
be based on proper reporting of classification codes and payroll amounts, and that all
coverage agreements will be filed with the appropriate insurance carrier or, in the case of a
self-insured, with the Commission's Division of Self-Insurance Regulations. Providing
false or misleading information may subject the CONTRACfOR to administrative
penalties, criminal penalties, or other civil action.
K. The CONTRACfOR' S failure to comply with any of these provisions is a breach of
contract by the CONTRACfOR which entitles the OWNER to declare the Contract void if
the CONTRACfOR does not remedy the breach within ten (10) days after receipt of notice
of breach from the City.
The CONTRACfOR shall be responsible for insurance to cover equipment, tools, materials,
supplies, etc. used in the performance of work, owned or rented, the capital value of which is not
included in the cost of this Contract.
Insurance policies are to be written by companies authorized to do business under the laws of the
State of Texas and on forms approved by the Insurance Commission of the State of Texas. The
CONTRACfOR shall provide the OWNER a copy of all insurance policies.
All of the insurance required to be carried by the CONTRACfOR shall be by policies which shall
require on their face, or by endorsement, ten (10) days written notice to the OWNER before they
may be cancelled and within which ten day period the CONTRACfOR covenants that it will
provide other suitable policies in lieu of those about to be cancelled so as to maintain in effect the
coverage required under the provisions hereof, Failure or refusal of the CONTRACfOR to obtain
and keep in force the above required insurance coverage shall authorize the OWNER, at its option,
to terminate this contract at once.
The CONTRACfOR shall indemnify and save harmless the OWNER, its OffIcers, employees, and
agenB from all claims and liability due to the activities of itself, its agents, or employees performed
Supplementary Conditions 7 of 10
e
e
under this contract and which result from an error, omISSion, or negligent act of the
CONTRACTOR or of any person employed by the CONTRACTOR. The CONTRACI'OR shall
indemnify and save harmless the OWNER from any and all expenses, including attorney fees,
which might be incurred by the OWNER in litigation or otherwise resisting said claims or liabilities
which might be imposed on the OWNER as a result of such activities by the CONTRACTOR, his
agents, or employees.
SC-26 QUALIFlCA nONS FOR SURETIES ISSUING BONDS: As required by City of La
Porte Ordinance No, 1m, approved July 22, 1991, corporate sureties issuing payment and
performance bonds payable to the City of La Porte on public works projects shall meet all of the
following criteria:
a. The surety company must be authorized to do business in the State of Texas, which
authorization must be recorded in the fIles of the Texas State Board of Insurance;
b. The surety company must be an approved surety company listed in the current United States
Department of Treasury list of approved corporate sureties for payment and perfonnance
bonds for federal jobs, including specifically the rules to underwriting limitation;
c. The surety company must be authorized to issue payment and perfonnance bonds in the
amount required for the Contract, which authorization must be recorded in the fIles of
the Texas State Board of Insurance;
d, The person executing the Payment and Performance Bonds must be a licensed Texas local
recording agent and such licensing must be recorded in the fIles of the Texas State Board of
Insurance; and
e, The person executing the Payment and Performance Bonds must be authorized by the surety
company to execute performance and payment bonds on behalf of the company in the
amount required for the Contract and such authorization must be recorded in the files of the
State Board of Insurance.
f, Failure to meet the criteria for acceptability of surety company issuing Payment and
Perfonnance Bonds will result in the disqualification of the bid.
g, The Payment and Performance Bonds shall remain in effect at least one year beyond final
acceptance of work under the Contract by the Owner.
SC-27 RETAlNAGE: If the total Contract price is greater than $400,000.00, five percent (5%) of
the total contract price will be retained until final payment as described below. If the total Contract
price is less than $400,000.00, ten percent (10%) of the total contract price will be retained until
final payment as descn'bed below. On or before the tenth (10th) day of the month, the
CONTRACTOR shall prepare and submit to the ENGINEER for approval or modification a
statement showing as completely as practicable the total value of the work done by the
CONTRACTOR up to and including the last day of the preceding month; said statement shall also
include the value of all sound materials delivered on the site of the work that are to be fabricated
Supplementary Conditions 8 of 10
e
e
into the work.
For total Contract prices (Base Bid) greater than $400,000.00, the OWNER shall then pay the
CONTRACTOR on or before the fifteenth (15th) day of the following month of the following
month the amount of the approved statement, less five percent (5 %) of the amount thereof, which
shall be retained until final payment, and further less all previous payments and all further sums that
be retained by the OWNER under the terms of the Agreement.
For total Contract prices (Base Bid) less than $400,000,00, the OWNER shall then pay the
CONTRACTOR on or before the fifteenth (15th) day of the following month of the following
month the amount of the approved statement, less ten percent (10%) of the amount thereof, which
shall be retained until final payment, and further less all previous payments and all further sums that
be retained by the OWNER under the terms of the Agreement.
It is understood, however, that in case the whole work be near to completion and some unexpected
and unusual delay occurs due to no fault of the CONTRACTOR, the OWNER ~, upon written
recommendation of the ENGINEER, pay a reasonable and equitable portion of the retained
percentage to the CONTRACTOR, or the CONTRACTOR at the OWNER'S option, may be
relieved of the obligation to fully complete the work and, thereupon, the CONTRACTOR shall
receive payment of the balance due him under the Contract subject to
those conditions under the General Conditions, Article 14, Payments to CONTRACTOR and
completion.
SC-28 PREV ~ n .lNG WAGES: The CONTRACTOR and his subcontractors shall expressly
comply with Article 5159A, Revised Civil Statutes of Texas, 1925, commonly known as, "The
Prevailing Wage Act" including the latest provisions. Not less than the minimum prevailing wage
for the Harris County area as attached at the end of these supplementary conditions shall be paid for
labor which is employed by the CONTRACTOR and his subcontractors for execution of this
contract. The CONTRACTOR and his subcontractors shall keep accurate records of the names,
wage classifications, and hourly wages paid to each worker employed on this project. These
records shall be open to inspection by the OWNER. See Exhibit "A" for Prevailing Wage Rate
Determination.
Supplementary Conditions 9 of 1 0
e
e
SC-29 CONTRACT INTERPRETATION AND WORK ACCEYfABILlTY: The Engineer
will be the final interpreter of the requirements of the contract documents and sole judge of the
acceptability of work thereunder.
SC-30 DISPUTE RESOLUTION The parties will attempt in good faith to resolve any
controversy or claim (other than matters described in the immediately preceding paragraph) arising
out of or relating to this agreement promptly by negotiation between senior executives of the parties
who have authority to settle the controversy.
The disputing party shall give the other party written notice of the dispute. Within ten days after
receipt of said notice, the receiving party shall submit to the other a written response. The notice
and response shall include (a) a statement of each party's position and a summary of the evidence
and arguments supporting its position, and (b) the name and title of the executive who will
represent that party. The executive shall meet at a mutually acceptable time and place within
twenty days of the date of the disputing party's notice and thereafter as often as they reasonably
deem necessary to exchange relevant information and to attempt to resolve the dispute.
If the controversy or claim has not been resolved within thirty days of the meeting of the senior
executives, the parties shall endeavor to settle the dispute by mediation under the Construction
Industry Mediation Rules of the American Arbitration Association.
If the matter has not been resolved pursuant to the aforesaid mediation procedure within ninety days
of the commencement of such procedure, (which period may be extended by mutual agreement), or
if either party will not participate in such procedure, the controversy shall be settled by arbitration
in accordance with II American Arbitration Association Construction Industry Arbitration Rules II by
a sole arbitrator. The arbitration shall be governed by the United States Arbitration Act, 9 U.S.C
& 1-16, and judgement upon the award rendered by the Arbitrator may be entered by any court
having jurisdiction thereof. The place of arbitration shall be Harris County. The arbitrator is not
empowered to award damages in excess of actual damages, including punitive damages.
Supplementary Conditions 10 of 10
~ 14:31
S?GSC/FCSM FA)( 5.-3366
Bas
PREVAIUNB WAGlE RATE Dt:: 11:I'tn1INAnON
BUILDING CONS1HUcnON TRADES
COUNTY: HARRIS
AUGUST 24.. 1995
n ...... ..... Vl-d"M To'" W..
,,~~ $'17..58 IDJII 1CL18 IO.GO $11.,.
W'OdlDl' $&71 .00 ta.CO $I.OD ta.7't
BoIInnIIcer $11U4 $3.10 .1.71 -.00 $mAl
BtUA.,.., .. Maon I'SJJO lSD.GO $Il.aJ tD.OO ttLOO
.11.14 $1.- I,m to.OO $1&&'1
CarpIIt u,.; Ftoar I..... SD.DD SUD IQ.GD $DJJO ..
C2ncnK8 FIniInIr . 11.u5 .04 tom 8D.DO t1s.aG
DrywaI tnstllllr. CeIIIIG JMaIIer $1G.07 Ia.a so.oa $D.38 "'.14
EIectddBn 11&.39 11.3& $D.S3 IlI.D4 "7.71
Ellwataf MecftIniD 117.32 S3.2I IZJM $U2 tz5.17
Ugh1 ~0penIb' $1' ..911 SQ.17 sa.18 $0.00 $1:u4
Heawy~~ . 114.14 $0.04 .02 $0.02 $1s.11Z
Glazfer 112.00 IOJX) .00 $02S I12.ZI
-. --
fnIuIatar $15.03 S3.OB $U8 $D.15 $2U3
$1~71 IO.2D $D.28 $Q,10 $16.31
I8.2Z IQ.3& $Q.07 .08 au:z
Ldfll $14.80 sa.oe $0.20 ~ 1'8.68
UeCaI Bullclng hiIiembIer $1DJJD SOJIJ $0.00 $'0,00 ...0.00
~ $1 us $1.88 $1.15 .co $19.S8
PlIintet; Wall Ca'le1fncJ IntMGer S8A4 $G.3!5 $D.01 $0,06 sus
Pledd\rer $13.40 .67 .40 $D.27 11..74
.. .-. . 1
PipetiIar '16.00 $0.00 $0.00 SO.OO S15J1O
P.aat8ntr $15.10 S2. 12 $0.97 $0,33 !1~
P!umb8r $17.48 13.18 $1.15 SO.54 ~
Roofer SIiI.sD $Q.OO SO.OO $0,00 $IUO
Sh8et Metal Wortlw $17.24 S2.SS S1.5t so.oo s:n.=
Sprtnlll8r F"dI8t $19.14 $4.17 $2.20 $0.07 $2!LS8
Twru:zD Wodar - SQ.oa ta.OD $D.OD $D.ao sa.ao
rrn. Seder $14.ClO $1.20 SO.OO SO.OO $15.2a
o~ateq:lroo'.r, CauIIc8r $15.18 S2. 14 S1.15 SO.07 S1&S4
· $0.00 In ttJe ..... ftatd 1IIIdaBIItlIlnnllDlent ....
~ 14::38
SPGSC'FCSl't FFDC 5"'JJ66
see
.
.
~~ DBCD%01f U3~OO.8 Q3/1.5/'~ =48
GeaeraJ. J2eciaiOll B\2IIIbe: 'rX960048
Superseded GeDeral Deeuicn lIc. TX9S0048
State: ~
Camst:z:UCticm. Type I
HIGHWAY
Ccnmty(ies) :
BRAZOaD
1"OR!r BBRD
GA%.V3STCIH
Jm1U)m
DBR:tS
,,~,AASOJf
J.~
~
C1tMiGB
1noT.T,1nt
lUGBWAY CC1'i1S'.r1UJC'XCII P.ROJEC'1'S (exc1uding twmels. baUd1=v
st--ucturea hi zoes1: &::ell pxojec:t.s, azzd rai1:oad aoD8~tioa;
:bascuJ.e, SU,Spea.s1oa 1& ~ arch bridges, bridQ'es de8:LgJ:Led fa
commercial ~gaeicm; bridges invalving 1IIiIrl.:!e const:uc:t!on;
cthe:' major b:iC!ge.)
t!od1fica1:ion Humber
o
Pub11cat1oD Date
03/15/1996
CC1DlTY (iea) :
15RAZORl:A
FCR~ 1mRD
GALVESTON
HARDDf
BAlUlIS
IJ l.'fJT J:.-BOH
LIBBa"n
~
OBANGE
WALLER
,
~u~~04~ 11/15/1"1
Am TOOL OPBRM'OB
ASPHALT BJ!Aft:R OI'DATOR
ASPHALT :RA1CIm
ASPBAL'l' SBOVBLER
!!A'l'CKING PLam'l' IfJ!lJ:GBBa
EA~ 6B'J.-J.'~
~
CCHC::R3'1'B J'mJ:samt-PAVImii
C~ l'mxsmm-S'r.ROc:mms
CONcu:rE RtmBBR
BLEC'rlUcnlI
p~
FOlUl su:IIaDER-STROC'rORES
FOaK LnlID-PAvmG I: C'CRB
FOJU!l 5A."'.J:Ba.-PA~ . ~
1"01U! SA. ..D.-S'rlW'C'rOUS
LABORER-coJe!ON
LABORER-lJ'l'ILn'Y
MAmHCLE mn:LOe
M~C
On.E:R
Rates
$7.165
8.125
7 .172
7.250
9,669
9,805
10.353
, , 09:1.
, .199
8.694
14.744
14.250
'.46
8.600
8.14-1
8.339
1i.294
7.351
8,133
11.378
. 8.784
P:-inges
~
14:31
SDVJ:CER
PAnr!D-s:DW'-'.I."ljdS
nLEDlUVZK
P:IPB LAYBR
BLAS'l'BR
&SPSAL'r D~ OP!:lUOR
AS~l' ,AVIIllG _~ OPBRM.'OR
BROOK OR SNBBPD OPBllA1'Clt
RnT~r.t".lOZD, 150 KP Ai LaSS
BCI.LOOZD, OVBR 150 JIlt
ctIrfCUS'r]S PAVDm C'CR:DIG .. ~ J N<
~J:.II PA'VIlG ., .ut.a" · noQ 8C2mIB
CCN'CR1I'.rJS PAVJ:HG J'OR1I GBamm.
~ ltAVJ:NG GRDDB1l
COHCl3'f]I PAVING JOIlt! 1P'"M I NIS
~ PAnNG WODf SDI.D
CCHCU'rS PAVING noNr
~ PDDIG fWf
CCNt:R31"JI PJWD1G ~
PAVJ:NG SOB-GaADBR
SL~ ~('Rrine OP.BRA1'aB.
CRANE, CLa~.T., BA~,
!)DltXCX, 1JlU\GLl:HB, SHCVm:.
. LZSS '1'1:DUf.1 1/2 C. 'Y .
CMNB, ~~.T.. BACDOB,
l)1!:KlUCX, ~, SBCVBL
1 1/2 C.Y. AND OVD
CRUSHBR OR SCRD:l'IIltG ~
OPmlM'OR
p l'otIRDA'nOJl DR.ILL OPBRA'l'CR.
CIUlWIa1m !IDCH'r3D
~0lI mu::LL OPERM'CK
'mea JIOC!r.rm)
l'ROft am LOADER. 2 1/2
c. Y. I: LISS8
l'ROJ.'lrl' Dm t.OADEa 0VEa 2 1/2
C.Y.
HOIS'l' - IlOtmL3 DOH
1!Il1LI"DIG ~ OP!!RA1'OR
llIC:XER (OVD 16 C. l' . )
JCI:XER (J.6 C.P. . LBSS)
1UXJi:R~ PAVDiG
MOTOR GRACBK OP3RA1'oa
PDn!: GXADB
lIOTOR GRADa OPBRATOR
P.I\VEJi!l!:N'l' IIIMUC:NG HAClDn!:
PLANJm OPERA'1'OR
PtmP CRE'1'S
ROLLAR, S'r'....ZI. EE:SL PLiW':
M:I:t PA'VEaENTS
ROLLD., srsz:t, 'rI!!E3t. OT:!EZ\
~ OR TJ\t!fPING
BOLLER, ~C, SZL~ JlROP~.'r.'R~
SFGSC:/FC9t FAX 5~-3J66
8.125
12.066
10.000
7.781
8.000
8.320
9.431
7.911
9.018
9.'738
8.'72'7
'.702
8.406
8.814
9.12&
9.843
9.300
8.956
9.000
8.663
8,000
10.148
;0.685
9.071
11.959
10.429
8.173
8.888
14.000
8.81.3
9,350
'7.938
7.750
10,462
'.617
6.294
9.500
12.101
8.136
7.607
7.252
BB7
~ 14:32
5PGSC'FCSH FA)( S~-JJ66
aee
.
SCRAPSa-17 C.T. a ~S 1.'"''
SOAPIm-ovD. 17 C. Y . 8.368
5mB BOOM 1.'708 \)
~-cBAJILER 'nPS 1!0 BP
1& LaSS 8.122
TBAC'1'Q1l-c:RA1fLBR 'f'YPB OVBR.
150 lIP 9.303
ftAC'Oa"~IC 80 D 1& r.3SS "1.3'72
ftAC'lQa-i'.l1.IWaA:IC 0VBa 80 HP 8.000
'l'BAvm.mG 1IIZBR 6.8'3
'l'BENCHD1G lDCHDIB-ILIGB'r '.000
'1"1l~h';A~'" '1112U''WT''''IB-BBAVY 1Q.000
lIAGON-muIaL. ~ JlACBDIB AIm
~S': BDLB mtILIaBI\ "1.750
~ S'l'Bm& OHI..~ 'AvmG u. "701
UUVQACDG S1'ZZL iliIo-A;~
~'J:lW"'4:u.K3S . 10.16S
S'rDL 1f01UCm-i)~1J\,;.u&\L 10.350
SZGZf D:BC'l'CR 8.193
SP1UW:lER BOX OPBRN:OR 9.000
BARRICU:)m SDVJ:CD. Z01I1B 1tC1Ut 6.2'4
HDOllrnul S1:GI1 m~ ~
GaOClHD 6,2'4
'l'l\uCo\\. muvmt-SI:NGI.3 J\XLZ LZGHr 7.44S
TRoa mUVD-SJ:NGLB ur.a: BDV'r 8.0:1.8
'J;'uuCA. ~-T.ANJ:)D A%LB sz:a
'rRAnJm 7."744
TRoct DlUV!:R.-LOtIJ!OT IJ'LOM: '.467
1:Au~ muvBR~ 1!IIX 8.040
, 'l:AuCX mavD-wIRC! 8.500
WBLDBR 9.792
-----~----------------------------------------------------------
l1nlisteCl class1f1cat1ons needed for work Det. included wit.hin
the scope of the classifi.cations listed may be added after
award only as provided .in the labor .taJ1~"'''''d3 cac.t:::~t clAuses
(29 en. ~., (a) (1) (v) ) .
--------------------------------------------~---------~-----~---
In ~ 1ist:~ above, the .SO''' desig%2&ticn means that races
li.sted under thaI: id.e:1tifier c10 nDC re~lect co1.1ec~i'Vely
bargained wage ancl fringe benefic rates. ot:he::r desic;;na.ticms
indica.te unions whose :ates have been det:emined to be
prevailing.
END Ol?' GENERAL DECISION