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Home My WebLink AboutO-2002-2541 REQUEST FOR CITY COUNCIL AGENDA ITEM Requested By: Agenda Date Requested: Appropriation Source of Funds: CIP Fund Department: Plannin2 Account Number: 015-9892-709 Report: Resolution: Ordinance: X Amount Budgeted: $ 50.000.00 Exhibits: Ordinance Bid Tabulation Amount Requested: $ 49.027.00 Budgeted Item: 6U NO Bidder's list SUMMARY & RECOMMENDATION As part of the FY 2001-2002 Budget for Capital Improvement Projects, City Council approved $ 50,000.00 for the City-Wide Sidewalk Replacement Project. The City-Wide Sidewalk Replacement Project consists of the replacement of existing sidewalks in different subdivisions throughout the city. Survey, design and engineering were performed on this project utilizing City Staff. On March 4, 2002, the City received five bids from qualified contractors. D.L. DaVidson Contractors, Inc. of Houston, Texas submitted the lowest bid in the amount of $ 49,027.00. Contract time for completion shall be 45 consecutive calendar days after "Notice to Proceed" is issued. Staff has reviewed the bid as submitted and determined that it is a reasonable amount and D.L. Davidson Contractors, Inc. is qualified to perform this work. Staff recommends that the City Council authorize the City Manager to execute a contract with D.L. Davidson, Inc. in the amount of $ 49,027.00 and further authorize $973.00 contingency for the City-Wide Sidewalk Replacement Project. Action Reauired bv Council: Consider approving an ordinance authorizing the City Manager to execute a contract with D.L. Davidson Contractors, Inc. in the amount of $ 49,027.00 and further authorizing $973.00 contingency for the City- wide Sidewalk Replacement Project. Approved for City Council A2enda QJ~ \. ~ Robert T. Herrera, City Manager "& "'1...01...- Date ORDINANCE NO. 2002-J 5Lfl AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND D.L. DAVIDSON CONTRACTORS, INC. FOR THE CITY-WIDE SIDEWALK REPLACEMENT PROJECT; APPROPRIATING $ 50,000.00 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 $50,000.00 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 oRDINANCE NO. 2002- A5tl 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 March 18,2002. By: ATTEST: ~ aHj;~;{;id/- Mart a Gillett, City Secretary APPROVED: ~ j" . } /' / 1Ar-I {{.It c{,c ,~.1.... Knox W. Askins, City Attorney CITY OF LA PORTE CITY-WIDE SIDEWALK REPLACEMENT CLP PROJECT #2001-4501 BID OPENING MARCH 4, 2002 2:00 P.M. BID TABULATION D.L. DAVIDSON PAVING CONTRACTORS y 45 $ 49,027.00 BROOKS CONCRETE y 150 $ 57,591.92 BILL MCDONALD CONSTRUCTION y 120 $ 62,054.50 CURB PLANET y 90 $77,765.30 SOUTHERN CUSTOMS y 90 $ 78,097.10 CITY OF LA PORTE CITY-WIDE SIDEWALK REPLACEMENT CLP PROJECT #2001-4501 Advertising The Bayshore Sun - February 17TH and February 24th, 2002 Bid Notice Faxed Bluebonnet Stroder Co. 908 Perla Pasadena, Tx. 77502 Phone: (713) 9-41-4804 Fax: (713) 941-4887 Brooks Concrete, Inc. 4018 Allen-Genoa Pasadena, Tx 77504 Phone: (713) 947-8440 Fax: (713) 947-8444 La Porte Bayshore Chamber of Commerce LaPorte, TX 77571 PhOfte: (281) 471-1123 Fax: (281) 471-1710 Associated General Contractors 3825 Dacoma Houston, TX 77092 Phone: (713)843-3700 Fax: (713) 843-3701 Follis Consttuction III N. Broadway La Porte, TX 77571 Phone: (281)471-6881 Fax: (281) 471-6038 FORCE Corp. PO Box 1079 La Porte, TX 77572-0853 Phone: (281) 470-0550 Fax: (281) 471-9627 Purtis Construction 14710 Palk.Alameda Houston,TX 77047 PROBe:- (281) 433-1012 Fax: (281) 433-1018 Curl> Planet, Inc. 1050-2 Edgebrook Houston, TX 77034 Phone: (713) 944-9119 Fax: (713) 944-1006 C & !>-Constructors PO-OOX 23264 Heuston Tx 77028 231-442-24(>8 zs,1-44Z-2415 Southern Customs 9219 KatyFwy. Houston, TX 77024 Phone: (713) 682-8807 Fax: (281) 471-1710 Bill McDonald Construction, Inc. 702 Underwood Road Deer Patk, Tx. 77536 Photie: (281) 479-3030 Fax: (281) 479-4337 Jesse Vega Constructiori to. 2019 Pasa:dena Blvd. Pasadena, TX 11502 Phone: (713) 13-1552 Fax: (281) 473-1848 Moore & Moore Contractors PO Box 1517 LaPorte, TX 77572-1517 Phone: (281)471~145 Fax: (281) 471-0601 Ideal Construction SeIVices PO Box 2915 Sugarland, TX 77487 Phone: (281) 470-0531 Fax: (281) 470~539 D.L. Davison 19728 Saums Rd. Houston, Tx. 77084 281-646~770 281-646-7047 Contractors that Picked up Plans & Specifications ~Customs 9Z19-~Fwy. HGIISt9B,; TX 77024 Phone: (713) 682-8807 Fax: (281) 471-1710 D.L. Davison 19728 Saums Rd Houston, Tx. 77084 281-646-0770 281-646-7047 C"~Inc. ~~ He 1f!1lll, 'IX 71034 PIioIe:- fl13}9"44-9119 Fa&;- ~7T3}944-1006 Brooks Concrete, Inc. 4018 Allen-Genoa Pasadena, Tx 77504 Phone: (713) 947-8440 Fax: (713) 947-8444 Bill McDonald Construction, lnc. 702 Underwood 'Road Deer Park, Tx. 77536 Phone: (281) 479-3030 Fax: (281) 479-4337 John Cobb Home Improvement 117 Jeffet$on St La Porte, texas Phone (281)471-8691 Fax (281)960-2942 - SPECIFICATIONS AND CONTRACT DOCUMENTS - FOR - - - CITY-WIDE SIDEWALK REPLACEMENT PROJECT FY 2001-2002 - - - - - - - - - CITY OF LA PORTE, TEXAS - JANUARY 2002 CLP PROJECT NO. 2001-4501 - ,... (4y [~ CITY OF LA PORTE CITY-WIDE SIDEWALK REPLACEMENT PROJECT FY 2001-2002 ClP Project No. 2001-4501 TABLE OF CONTENTS SECTION NO. OF PAGES NOTICE TO BIDDERS.............................. ............. ........................... ..... ...... .......................... ..1 SCOPE OF WORK........................................,..................................... .....................................1 INSTRUCTIONS TO BIDDERS.............. ...................... ...... ........ .............. .......... .................. ...4 SIDEWALK LOCATIONS... ... ... ... .., ... ... ... ... ... ... ... ... ... '" '" ... ... ... ... ... ... ... ..... ... ...18 BID PROPOSAL................................................................................... ....................................4 AGREEMENT.......................................................................................................................... . 2 PAYMENT BOND.... ................. ................................................................................................2 PERFORMANCE BOND................................,.......... .............. .......................... .......................2 GENERAL CON DITIONS........... ...................... ................... ..... ............. "........ ..................... ..42 SU PPLEMENT ARY CONDITIONS .. ............ ................ ........ ............. ....... ................. ...........10 TECHNICAL SPECiFiCATIONS....................................... ................................................... .19 -.........,'-, --:'(E or- t '\ ....~'\...............~k,.. 'h ". -", .., .. '..Y." ~,~ , ..' .~- ,~ , . . " ,.... \.', ,*: '. 'I ~.... .............. ............:.~..I J. DOUGLAS K. KNEUPPER~ ,..': ... ...... .... ...... .., .... ......, "~"'" 77145..~.1 " A .t'~~:?~EfflT ~ ~.~o/ ~'~~~. . E,i~ 2--L 7-0 L NOTICE TO BIDDERS CLP Project No. 2001-4501 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. Fairmont Parkway, La Porte, Texas 77572-1115 will be received until 2:00 PM, March 4, 2002, for the construction of: CITY OF LA PORTE CITY-WIDE SIDEWALK REPLACEMENT PROJECT FY 2001-2002 CLP PROJECT NO. 2001-4501 2. Bidders are requested to attend a pre-bid conference to be held in the Council Chambers at City Hall, 604 W. Fairmont Parkway, La Porte, Texas, February 25, 2002, at 10:00 a.m.. 3. Interested contractors may obtain plans, specifications and necessary bidding information at no cost from: CITY OF LA PORTE PLANNING DEPARTMENT 604 W. FAIRMONT PARKWAY LA PORTE, TEXAS 77571 (281) 471-5020 4. 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 (5%) 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. 5. 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 subm it 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. 6. 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 Martha Gillett City Secretary Nntir.A tn Rirlrl,:arc: 1 nl1 SCOPE OF WORK CLP Project No. 2001-4501 CITY-WIDE SIDEWALK REPLACEMENT PROJECT FY 2001-2002 Project consists of the removal of existing sidewalks and replacement being with either sidewalk or wheelchair ramps. Wheelchair ramps shall meet the minimum criteria as established by the American Disabilities Act. Removed concrete shall became the property of the contractor and removed from the site. No new wheelchair ramps in this contract. Performance and Payment Bonds shall be required for these projects. Scope of Work 1 of 1 INSTRUCTIONS TO BIDDERS CLP Project No. 2001-4501 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 604 W. Fairmont Parkway, La Porte, Texas 77571. The Owner may consider informal any bid not prepared and subm itted 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 not 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. TELEGRAPHIC 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 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. Instructions to Bidders 1 of 4 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 cashiers check, a certified check of the bidder, or a bid bond prepared, duly executed 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 has not been notified of the acceptance of his bid. LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT 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. 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 stated time limit. CONDITIONS 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 INTERPRETATIONS 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 Instructions to Bidders 2 of 4 should be in writing addressed to "City of La Porte, Attn: Planning Department, 604 W. FAIRMONT PARKWAY, La Porte, Texas 77571 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. CONTRACT SECURITY The Contractor shall be required to furnish performance and payment bonds, executed on the forms enclosed herein, each bond in an amount at least equal to one hundred percent (100%) of the total contract price, as security for the faithful performance of the contract and for the payment of all persons performing labor or furnishing materials and equipment on the project. NOTICE OF SUPPLEMENTAL GENERAL CONDITIONS AND SPECIAL CONDITIONS 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. Instructions to Bidders 3 of 4 CERTIFICATION BY BIDDER The successful bidder will be furnished with a copy of City of La Porte Ordinance #98-2217, prohibiting any expenditure for goods or services by the City of La Porte from any person, firm, or corporation owing any delinquent indebtedness to the City. The successful bidder will be required to certify that it is in compliance with the requirements of said ordinance. If the bidder is not in compliance with Ordinance #98- 2217, it will assign to the City of La Porte, the amount of its delinquent indebtedness to the City of La Porte, to be deducted by the City of La Porte from the amounts due. Failure to remit this certification or non-compliance with said ordinance shall be just cause for rejection or disqualification of 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 in no way relieve any bidder from any obligation in respect to his bid. SAFETY 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. Instructions to Bidders 4 of 4 CITY OF LA PORTE CERTIFICATION BY BIDDER The undersigned bidder hereby certifies it has been furnished a copy of City of La Porte Ordinance #98-2217 prohibiting any expenditure for goods or services by the City of La Porte from any person, firm, or corporation owing any delinquent indebtedness to the City. The undersigned bidder further certifies that it is in compliance with the requirements of said ordinance. If undersigned bidder is not in compliance' with Ordinance 98-2217, it hereby assigns to the City of La Porte, the amount of its delinquent indebtedness to the City of La Porte, to be deducted by the City of La Porte from the amounts due the undersigned. Failure to remit this certification with the bid, or non-compliance with said ordinance shall be just cause for rejection or disqualification of bid. _ The undersigned hereby certifies that it is in compliance with Ordinance 98-2217. or _ The undersigned assigns to the City of La Porte, the amount of its delinquent indebtedness, to be deducted by the City of La Porte from the amounts due the undersigned. (Initial one of the above) Business Name: Address: Authorized Signature: Printed Name: City-Wide Sidewalk Replacement Pro.iect FY 2001-2002 SHADY RIVERS 910 Hackberry sidewalk 8.6 1006 Hackberry sidewalk 29.1 947 Hackberry sidewalk (on Oak: Leaf) 11.9 1007 Oak: Leaf sidewalk 7.4 1003 Oak: Leaf sidewalk 21.4 918 Oak: Leaf sidewalk 18.1 TOTAL 96.5 L.F. TOWN OF LAPORTE 1107 East "E" sidewalk 28.0 12.0 5.0 25.0 4.0 8.0 NW cor. of Adams & 3rd 51. sidewalk Alley between 3rd & 4th on N. side of Adams NW & NE cor. Adams & 5th 81. sidewalk ramps Alley between 5th & 6th N. side of Madison 8E cor. of Madison & 4th sidewalk ramp TOTAL 82 L.F. 1 GLEN MEADOWS 4918 Archway Dr. sidewalk 4.0 5006 Park Crest Dr. sidewalk 4.0 5213 Park Crest Dr. sidewalk (m.h. adj.) 10.1 5125 Park Crest Dr. sidewalk (m.h. adj.) 9.7 4905 Glenview sidewalk 8.0 5022 Crestway side'Yalk 8.0 5025 Crestway sidewalk 4.0 5102 Crestway sidewalk 4.0 5114 Crestway sidewalk 4.0 5209 Valley View sidewalk 4.0 5117 Valley View sidewalk 8.0 5102 Valley View sidewalk 4.0 5105 Meadow Place sidewalk 29.6 5106 Meadow Place sidewalk 4.0 5230 Glen Valley sidewalk 4.0 4909-4913 Glen Valley sidewalk 6.0 5101 Meadowcrest sidewalk (on Glen Meadows Dr.) 8.0 5109 Meadow Crest sidewalk 4.0 5102 Creekview sidewalk 8.0 5025 Creekview sidewalk 25.8 TOTAL 165.2 L.F . 2 BROOKGLEN/COLLEGEVIEW 83340akhaven sidewalk 7.4 8334-8338 Oakhaven sidewalk (relocate w. meter) 14.6 3331 Fern Rock sidewalk 3.8 3311-3315 Fern Rock sidewalk 16.1 3231 Fern Rock sidewalk 8.0 3231-3227 Fern Rock sidewalk 17.8 . 8418 Bandridge sidewalk 8.0 8410 Bandridge sidewalk 8.0 8519-8515 Beechaven sidewalk 14.0 8411-8407 Beechaven sidewalk 22.4 8406 Collings dale sidewalk 4.0 8407 Collings dale sidewalk 6.0 8418 Collings dale sidewalk 4.0 8707 Bandridge sidewalk 8.7 8715 Beechaven sidewalk 4.0 8710-8714 Beechaven sidewalk 46.1 8702 Beechaven sidewalk 4.0 8719-8723 Collingsdale sidewalk 8.0 8723-8727 Collingsdale sidewalk 30.6 8722 Collings dale sidewalk 14.3 3 8730 Collings dale sidewalk 4.0 3149 Somerton-8815 Beechaven sidewalk 126.2 3115 Gladwyne Ln. sidewalk 9.1 3114 Gladwyne sidewalk 21.9 3123 Gladwyne sidewalk (g.v. adj.) 4.0 8702-8703 Ashwyne Ln. sidewalk (relocate w. meter) 7.9 3303 Ashwyne Ct. sidewalk 5.8 3315 Ashwyne Ct. sidewalk 13.1 3307 Gladwyne sidewalk 8.0 . 3310 Gladwyne sidewalk 4.0 3323 Gladwyne sidewalk (part of driveway) 4.0 3331 Gladwyne sidewalk 4.0 3333 Gladwyne sidewalk 4.0 8835-8831 Oakhaven sidewalk (relocate w. meter) 4.0 3415 & 3407 Gladwyne sidewalk (placement only) 151.1 3623-3619 Gladwyne sidewalk 12.8 8806 Ashwyne sidewalk 8.0 3331 Somerton sidewalk 8.0 3335 Somerton sidewalk (part of driveway) 4.8 8603 Wood Drift Ct. sidewalk (relocate w. meter) 6.5 3627 Somerton sidewalk (m.h. adj.) 4.5 3723 Somerton sidewalk 4.0 3726 Somerton sidewalk 4.0 4 3734 Somerton sidewalk 4.0 8514 Lazy Brook sidewalk 10.5 8502 Barry Brook sidewalk 16.7 8522-8518 Fair Brook Ct. sidewalk (relocate w. meter) 26.4 8526 Fair Brook Ct. sidewalk 7.6 8511 Lazy Brook-3842 Fair Brook sidewalk 15.9 3831 Fair Brook sidewalk 4.0 3818 Fair Brook sidewalk (partial driveway) 5.8 3803 Fair Brook sidewalk (g.v. adj.) 28.8 . 3403 Brookwood sidewalk 6.2 TOTAL 799.4 L.F. 5 FAIRMONTPARKEAST 3817-3819 Pecan sidewalk 6.9 3821 Pecan sidewalk 6.3 3826 Pecan sidewalk (m.h. adj.) 5.0 3831 Pecan sidewalk 4.0 3834 Pecan sidewalk 6.2 3859 Pecan sidewalk (across street) 10.5 3874 Pecan sidewalk 13.5 10911-10913 Pecan sidewalk 4.0 10927 Pecan sidewalk 4.2 3813 Redbud sidewalk 10.9 3817-3819 Redbud sidewalk 4.0 3825-3827 Youpon sidewalk 4.2 3803 Cottonwood sidewalk 4.0 3816 Cottonwood sidewalk 4.8 3820 Cottonwood sidewalk 5.8 10814 Mesquite sidewalk (across street) 4.0 10816 Mesquite sidewalk 9.1 10830 Mesquite sidewalk 5.0 10832-10834 Mesquite sidewalk 4.0 10923-10925 Mesquite sidewalk 8.0 10932 Mesquite sidewalk 7.1 10805 Birch sidewalk 12.0 6 10816 Birch sidewalk 7.5 10827 Birch sidewalk 8.1 10828 Birch sidewalk 4.0 10900 Birch sidewalk 4.0 10917 Birch sidewalk 4.0 10922 Birch sidewalk 13.8 10937 Birch sidewalk 7.0 10941 Birch sidewalk 6.2 10817-10819 Collingswood sidewalk 35.4 10818 Collingswood sidewalk 7.6 10900 Collingswood sidewalk 6.1 10913 Collingswood sidewalk 4.0 10918 Collingswood sidewalk 4.0 10925 Collingswood sidewalk 4.0 10930 Collingswood sidewalk 4.0 10923-10925 Rosewood sidewalk 18.5 10925 Rosewood sidewalk 4.0 10935 Rosewood sidewalk 6.2 10924 Pinewood sidewalk 9.7 10925-10927 Pinewood sidewalk 8.3 10929 Pinewood sidewalk 3.1 10937 Pinewood sidewalk 5.0 10833 Dogwood sidewalk 4.0 7 10836 Linwood sidewalk 4.0 10840-10842 Linwood sidewalk 4.9 10826 Mulberry sidewalk 4.0 10828 Mulberry sidewalk 4.0 10838 Mulberry sidewalk 31.2 10844 Mulberry sidewalk 4.0 10908-10910 Mulberry sidewalk 9.0 10909 Mulberry sidewalk 4.2 10832 Idlewood sidewalk 4.0 10834 Idlewood sidewalk 3.2 10839-10841 Idlewood sidewalk 3.3 10913 Idlewood sidewalk 3.8 10829-10831 Spruce S. sidewalk 4.0 10838 Spruce S. sidewalk 14.0 10825 Spruce N. sidewalk 4.0 10829 Spruce N. sidewalk 4.0 10940-10942 Fairwood sidewalk 12.2 TOTAL 439.8 L.F. 8 FA~ONTPARKCENTRAL 3203 Piney Brook sidewalk (on Old Orchard) 3.8 10210 Old Orchard sidewalk 4.0 10214 Old Orchard sidewalk 25.2 10310 Antrim sidewalk 17.5 10322 Antrim sidewalk 4.0 10338 Antrim sidewalk 8.1 10206 Catlett sidewalk 12.1 10306 Belfast sidewalk 4.0 10346 Belfast sidewalk 4.0 10342 Belfast sidewalk 6.6 10234 Belfast sidewalk 4.0 3405 Valleybrook sidewalk (on Carlow) 63.5 10314 Carlow sidewalk 4.0 10318 Carlow sidewalk 13.4 10338 Carlow sidewalk 4.0 10350 Carlow sidewalk 8.0 10338 Winding Trail sidewalk 4.0 10326 Winding Trail sidewalk 16.5 10306 Winding Trail sidewalk 15.4 10007 Hillridge sidewalk 4.0 10102 Hillridge sidewalk 12.1 10410 Belfast sidewalk 26.9 9 10418 Belfast sidewalk 19.2 10420 Belfast sidewalk 10.3 10424 Belfast sidewalk 4.0 10439-10447 Belfast sidewalk 4.0 10447 Belfast sidewalk 9.5 3110 Oaken Ln. sidewalk 4.0 3210 Oaken Ln. sidewalk 8.1 3214 Oaken Ln. sidewalk 7.0 3214 Oaken Ln. sidewalk (on Belfast) 4.0 3109 Old Hickory sidewalk 8.0 3209 Old Hickory sidewalk 4.0 3208 Old Hickory sidewalk 4.0 3323 Old Hickory sidewalk 4.0 10439 Antrim sidewalk 9.4 10439 Catlett sidewalk (on Oaken) 14.2 10407 Carlow sidewalk 8.0 10415-10419 Carlow sidewalk 4.0 10422 Carlow sidewalk 4.0 10423-10427 Carlow sidewalk 4.0 10447 Carlow sidewalk 4.6 10406 Winding Trail sidewalk 24.1 10418 Winding Trail sidewalk 8.4 10439 Winding Trail sidewalk 6.0 10 10447-10451 Winding Trail sidewalk 10.4 10455 Winding Trail sidewalk 4.0 10458 Winding Trail sidewalk (on Old Hickory) 10.0 10459 Winding Trail sidewalk (on Old Hickory) 8.0 10407-10411 Collingswood sidewalk 10.1 10439-10443 Collingswood sidewalk 65.1 10442 Collingswood sidewalk 4.0 10454-10458 Collingswood sidewalk 19.8 10422 Quiet Hill sidewalk 4.0 10438 Quiet Hill sidewalk 4.0 10439 Quiet Hill sidewalk 13.3 10439-10443 Quiet Hill sidewalk 8.4 10455 Quiet Hill sidewalk 5.5 10458 Quiet Hill sidewalk (on Old Hickory) 4.0 10439-10443 Rustic Gate sidewalk 8.0 10443 Rustic Gate sidewalk 8.7 10447 Rustic Gate sidewalk 12.0 10450 Rustic Gate sidewalk 8.4 10454 Rustic Gate sidewalk 3.3 10455 Rustic Gate sidewalk 14.8 10458 Rustic Gate sidewalk (on Old Hickory) 14.2 10459 Rustic Gate sidewalk (on Old Hickory) 4.0 10407 Rustic Rock sidewalk 4.0 11 10414 Rustic Rock sidewalk 31.5 10419 Rustic Rock sidewalk 28.1 10423 Rustic Rock sidewalk 4.0 10431 Rustic Rock sidewalk 8.0 10438 Rustic Rock sidewalk 10.5 10443 Rustic Rock sidewalk 17.5 10458 Rustic Rock sidewalk (on Old Hickory) 14.7 10459 Rustic Rock sidewalk (on Old Hickory) 28.4 10459 Rustic Rock sidewalk 17.9 10310 Rustic Rock sidewalk 4.0 10311 Shell Rock sidewalk 4.0 10327 Shell Rock sidewalk 8.0 10335-10339 Shell Rock sidewalk 13.2 10410 Shell Rock sidewalk 4.0 10419 Shell Rock sidewalk 12.7 10430 Shell Rock sidewalk 5.3 10433 Shell Rock sidewalk 4.0 10434 Shell Rock sidewalk 4.0 10442 Shell Rock sidewalk 15.7 10447 Shell Rock sidewalk 4.0 10447-10451 Shell Rock sidewalk 4.0 10458 Shell Rock sidewalk 8.0 10458 Shell Rock sidewalk (on Old Hickory) 4.0 12 10314 Rocky Hollow sidewalk 9.6 10319 Rocky Hollow sidewalk 4.0 10327 Rocky Hollow sidewalk 4.0 10339 Rocky Hollow sidewalk (g.v. adj.) 2.9 10340 Rocky Hollow sidewalk (g.v. adj.) 8.0 10422 Rocky Hollow sidewalk 4.0 10434-10438 Rocky Hollow sidewalk 8.0 10442 Rocky Hollow sideWalk 8.0 TOTAL 993.9 L.F. FAIRMONT PARK WEST 10011 Wilmont sidewalk 7.7 10019 Wilmont sidewalk 8.3 10107 Wilmont sidewalk 10.3 10 126 Wilmont sidewalk (g.v. adj.) 4.6 10003 Rustic Rock sidewalk (on Wilmont) 4.0 10006 Rustic Rock sidewalk 8.8 10002 Rustic Rock sidewalk (on Wilmont) 47.7 9943 Shell Rock sidewalk (g.v. adj.) 9.0 9707 Dover Hill sidewalk 8.0 9711 Dover Hill sidewalk 4.0 9746-9738 Dover Hill sidewalk 4.0 9926 Dover Hill sidewalk 10.5 13 10002 Winding Trail sidewalk 31.8 10034-10030 Quiet Hill sidewalk (relocate w. meter) 8.4 9910 Stonemont sidewalk 4.0 10023 Stonemont sidewalk 6.4 10027 Stonemont sidewalk 24.8 10111 Stonemont sidewalk 4.0 9831 Rocky Hollow sidewalk 12.0 10007 Rocky Hollow sidewalk 8.0 10022 Rocky Hollow sidewalk 4.0 10026 Rocky Hollow sidewalk 4.0 10119 Rocky Hollow sidewalk 17.6 10118 Rocky Hollow sidewalk 4.0 10135 Shell Rock sidewalk 7.0 10131 Shell Rock sidewalk 10.3 10110 Shell Rock sidewalk 4.0 10002 Shell Rock sidewalk 6.2 9934 Shell Rock sidewalk 6.6 9843 Shell Rock sidewalk 7.4 9822 Shell Rock sidewalk 8.1 9735 Rustic Rock sidewalk 5.2 9823 Rustic Rock sidewalk 3.7 9835 Rustic Rock sidewalk 4.0 9903 Rustic Rock sidewalk 6.6 14 9922 Rustic Rock sidewalk 6.3 10103 Rustic Rock sidewalk 4.0 10102 Rustic Rock sidewalk 4.0 10126 Rustic Rock sidewalk 4.0 10138 Rustic Gate sidewalk 5.1 10131 Rustic Gate sidewalk 8.0 10027 Rustic Gate sidewalk 4.0 10010 Rustic Gate sidewalk 8.5 10003 Rustic Gate sidewalk 4.0 9930 Rustic Gate sidewalk (across street) 4.0 9810 Rustic Gate sidewalk 4.0 9743 Rustic Gate sidewalk 5.3 9734 Bannont sidewalk 3.8 9902 Bannont sidewalk 4.0 9915 Bannont sidewalk 11.4 10002 Bannont sidewalk 4.0 10111 Bannont sidewalk 12.1 3802-3806 Maplewood sidewalk (across street) 5.1 3626 Maplewood sidewalk (across street)(m.h. adj.) 7.2 9803 Channont sidewalk 11.1 9907-9911 Channont sidewalk 7.0 10007 Charmont sidewalk 4.0 10011 Channont sidewalk 4.0 15 10103 Channont sidewalk 8.0 10107 Channont sidewalk 17.4 10111 Channont sidewalk 8.1 10115 Channont sidewalk 4.0 10119 Channont sidewalk 4.0 10010 Quiet Hill sidewalk 12.7 10110 Quiet Hill sidewalk 4.0 10107-10111 Quiet Hill sidewalk 21.8 10119 Quiet Hill sidewalk 4.0 10122 Quiet Hill sidewalk 12.6 10115 Winding Trail sidewalk 11.9 10127 Winding Trail sidewalk 4.0 10002 Carlow sidewalk 4.0 10011 Carlow sidewalk 9.2 10019 Carlow sidewalk 8.9 10102 Carlow sidewalk 4.0 10111 Carlow sidewalk 9.2 10114 Carlow sidewalk 35.6 10 122 Carlow sidewalk 41.8 10126 Carlow sidewalk 14.7 10127 Carlow sidewalk 8.0 10119 Belfast sidewalk 20.8 10 118 Belfast sidewalk 29.8 16 9810 Catlett sidewalk 14.2 9919 Catlett sidewalk 33.8 10106 Catlett sidewalk 4.0 10118 Antrim sidewalk 12.7 10026 Antrim sidewalk 17.6 10002 Antrim sidewalk 19.7 9802 Dover Hill sidewalk (on Cedarmont) 4.0 9747 Wilmont sidewalk (on Cedarmont) 9.3 9911 Wilmont sidewalk (on Parkmont) 4.0 9923 Stonemont sidewalk (on Parkmont) 4.0 10115 Clairmont sidewalk 4.0 10023 Clairmont sidewalk 4.0 3818 Roseway sidewalk 14.9 3822 Roseway sidewalk (m.h. adj.) 6.2 10122 Park Ln. sidewalk 3.3 9942 Parkway Dr. sidewalk 4.0 3818 Rosemont sidewalk 5.1 10110 Roseberry sidewalk 4.0 10127 Roseberry sidewalk 9.3 3811 Roseberry sidewalk 7.0 3727 Roseberry sidewalk (across street) 6.8 3723 Roseberry sidewalk (g.v. adj.) 9.2 3719 Roseberry sidewalk 5.0 17 3507 Roseberry sidewalk 8.0 3503 Roseberry sidewalk (across street) 4.0 3427 Roseberry sidewalk 4.0 3403 Roseberry sidewalk 4.0 3303 Roseberry sidewalk 29.2 10119 Hillridge sidewalk (on Roseberry) 48.6 10127 Winding Trail sidewalk (on Roseberry) 9.3 TOTAL 1,071.6 LF 18 BID PROPOSAL FOR UNIT PRICE CONTRACT CLP Project No. 2001-4501 Proposal oft>. L .b~" I\)SON (CtJ1l:A(!it1,ereinafter called "Bidder")* a corporation, organized and existing under the laws of the State of "fE:.:xA. ~ ,* a partnership, or an individual doing business as GpA....~ ((':)t..J'Tt!\R.\:'Of.. 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 City-Wide sidewalk replacement project FY 2001-2002 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 ~ consecutive calendar days thereafter as stipulated in the specifications. Bidder further agrees to pay as liquidated damages, the sum of $100.00 for each consecutive calendar day thereafter as provided in Paragraph SC-6 of the Supplementary Conditions of the Agreement. Bidder acknowledges receipt of the following addendum: NDNf". DATE: (\'3 "04 - 2.ac 2.. Bid Proposal 1 of 4 BASE BID PROPOSAL BASE PROPOSAL: Bidder agrees to perform all of the work shown on the plans and further described in the specifications for the sum of f=ot..""'('Vl W 1\J 'E.. THoUS,PQJD f~'\..H> "\1,\.J~tJ"M sc,vs0 Do~S ~\ Hi) o/l<JC <.. ----.- dollars ($ 4 q ) 0 2.1 ,<r' ). (Amount shall be shown in both words and figures. In case of discrepancy, 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 required by the General Conditions. The bid security attached in sum of 5010 dollars ($ .5 D/O ) is to become the property of the Owner in the event the contract and bond are not executed within the time above set forth, as liquidated damages for the delay and additional expense to the Owner caused thereby. BY: ResRctfully sri itted : ^ W t1'\. l~ (Signature of Authorized Person) ~ ~ \eJ- b~ \ {)Sof\) (Print Name of AuthOrized Person) (SEAL) \JILL .p~6\D6J\ (Title) \C1l.Lh SNJM5i:..D PM!) ~\ ?_S (Business Address) ~-\o0 'i\CtJ --rx (City) (State) Cl:t~ \) b4b-t9Tlo (Telephone Number) "11 D~4 (Zip Code) Bid Proposal 2 of 4 STATEMENT OF MATERIALS AND OTHER CHARGES MATERIALS INCORPORATED INTO THE PROJECT: ALL OTHER CHARGES: TOTAL: 231~'O~ $ $ -Llo F', 2\ ctJ jV .. $ yq ,02l.0D 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 estimated quantity provided for herein will be no less than the invoice price for such material to the Contractor. \ \J~\ ~~\ Bid Proposal 3 of 4 BID PROPOSAL FOR UNIT PRICE CONTRACT BID SCHEDULE CLP Project No. 2001-4501 CITY-WIDE SIDEWALK REPLACEMENT PROJECT FY 2001-2002 Item Description Unit Estimated Unit Total No. Quantities Price 1.0 CONCRETE SIDEWALK LF 3497.3 REMOVAL 200 COMPLETE IN PLACE ~9q4" bO @ 1WD DOL\.....~':> per L )~ E.J\-c. ?-r 2.0 4' WIDE CONCRETE SIDEWALK LF 3648.4 COMPLETE IN PLACE \\ J 00 '-lD, I 32-.'-40 @ ~L\Z\JG tJ rou.M: ~ per L \ U(;p.!L PI' 3.0 MANHOLE ADJUSTMENT EA 6 COMPLETE IN PLACE 2oo~G I LOD. DO @ ~0 rtU\JDt~ per ~Ac \-\ 4.0 GATE VALVE ADJUSTMENT EA 7 COMPLETE IN PLACE I <""Ol:,t, l 00 00 ~ t ' '-J . @ D \)~ }.\U Ut)t.~ D per E:-ACl-\ 5.0 EXTRA BANK SAND (ORDERED TON BY CITY) 'O,Oc COMPLETE IN PLACE @ \ \ZJJ DDLL~ S Per '\'t)\-J 6.0 EXTRA SOD ( BY CITY) SY COMPLETE IN PLACE @ 'TED ~~t..S \ D ~ c Per ~Qv~ --{f<J:> TOTAL AMOUNT BID L-f q , 0 2 l. 00 . - f'cCM tJl~~ '1b.'sAtJDf\1JD-\tJJ6JiVl seu(JJ CocWS Ai DIl<::o~-- (IN WORDS) Bid Proposal 4 of 4 CITY OF LA PORTE CERTIFICA rlON BY BIDDER The undersigned bidder hereby certifies it has been furnished a copy of City of La Porte Ordinance #98-2217 prohibiting any expenditure for goods or services by the City of La Porte from any person, firm, or corporation owing any delinquent indebtedness to the City. The undersigned bidder further certifies that it is in compliance with the requirements of said ordinance. If undersigned bidder is not in compliance with Ordinance 98-2217, it hereby assigns to the City of La Porte, the amount of its delinquent indebtedness to the City of La Porte, to be deducted by the City of La Porte from the amounts due the undersigned. Failure to remit this certification with the bid, or non-compliance with said ordinance shall be just cause for rejection or disqualification of bid. ...Dl2 The undersigned hereby certifies that it is in compliance with Ordinance 98-2217. or _ The undersigned assigns to the City of La Porte, the amount of its delinquent indebtedness, to be deducted by the City of La Porte from the amounts due the undersigned. (Initial one of the above) Business Name: 'b.\...DA\1\t)~t-J (DN1RA.(1Oe~ \tJL, \<:r12~ 5/Wlv'\$ ~D r~B itlLS t-t-O,Y3TOtJ \X <110 lJY (l...J IJ~~ , DJ\tJ\EL \)~vu>-:otJ Address: Authorized Signature: Printed Name: AGREEMENT CLP Project No. 2001-4501 THIS AGREEMENT, made this 18 day of March, 2002, by and between the CITY OF LA PORTE, hereinafter called "Owner", acting herein through its CITY MANAGER and D.L. Davidson Contractors (a corporation) of Houston ,County of Harris ,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: CITY-WIDE SIDEWALK REPLACEMENT PROJECT FY 2001-2002 CLP PROJECT NO. 2001-4501 hereinafter called the project, for the Total Price of Forty nine thousand twenty seven and 00/100 dollars ($ 49,027.00 ) 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 furnish 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 ther~fore, as prepared by the City of La Porte, all of which are made a part hereof and collectively evidence and constitute the contract. Agreement 1 of 2 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 ~ calendar days thereafter. The CONTRACTOR further agrees to pay, as liquidated damages, the sum of $100 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: G?~ T, l~ Robert T. Herrera Attest: By: ~ aJJilL ;.1 atd Martha Gillett City Manager Title City Secretary Title SEAL ])-0' (y.w,b50/J (!OIJTfLAC-T/~ I/Vc# By:~7fI"!? Signature of Authorized Person rWllJEIJ! Title of Authorized Person ~0 ~~j- Witness " . /1')6 SIfut115 ~ tJ IJJ- Address and Zip Code /lous 1O;J 'Ii 72 TO JY Approved as to Agreement 2 of 2 Bond No. CB53267 PERFORMANCE BOND CLP Project No. 2001-4501 STATE OF TEXAS COUNTY OF Harris D. L. Davidson KNOW ALL MEN BY THESE PRESENTS: That Contractors" Inc. of the City of Houston County of Harris I and State of Texas , as principal, and ~~~~~}ig!e~5fu~~g9 authorized under the laws of the State of Texas to act as surety on bonds for principals, are h~ld and firmly bound unto. The City of La Porte (Owner), in the penal sum of Forty N~ne Thousand Twenty Seven & 00/160 dollars (J 49,027.00 ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 18th day of March. 2002, to which contract is hereby referred to and made apart hereof as fully and to the same extent as if copied at length herein. \1 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if. the said Principal shall faithfully perform said Contract and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full f~rce and effect; "PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Vernon's Texas Codes Annotated. Texas Government Code. Chapter 2253. as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein." Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the wotk to be performed thereunder. Perfonnance Bond 1 of 2 IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 11 th day of April ,2002. D. 1. Davidson Contractors, Inc. National American Insurance Company Principal Surety JJ41.~. By: C - tJ.. tWfhY'o By: Title: President Title: C. W. Adams, Attorney-in-Fact Address: Address: 19728 Saums Road P.O. Drawer 9 Houston, Texas 77084 Chandler, OK 74834 The name and address of the Resident Agent of Surety is: C. W. Adams - Insurance Alliance 1776 Yorktown, Suite 200 Houston, Texas 77056 HOUSTOUN. WOODARD. EASON, GENTLE. TOM FORDE, AND ANDERSON. INC. dba Insurance Alliance 1 n6 Yorktown, Suite 200 Houston, Texas 77056.4114 TOllicense #1381 FEIN #760362043 Performance Bond 2 of 2 Bond No. CB53267 PAYMENT BOND CLP Project No. 2001-4501 STATE OF TEXAS COUNTY OF Harris D. L. Davidson KNOW ALL MEN BY THESE PRESENTS: That Contractors, rnc. of the City of Houston County of Harris , and State of Texas , as .. d l~at:~onal American . d d th I of th St f T princIpal, an Tml11r;:mrp r.mnp::my authonze un er e aws e ate 0 exas to act as surety on bonds for principals, are held and firmly bound unto The City of La Porte (Owner), in the penal sum of Forty Nine Thousand Twenty Seven & oO/loOc!ollars ($ 49,027.00 ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 18th day of March. 2002, to which contract is hereby referred to and made apart hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; "PROVIDED, HOWEVER, that this bond is executed pursuant to the proviSions of Vernon's Texas Codes Annotated. Texas Government Code. Chapter 2253. as amended and all liabilities on this bond shall be determ ined in accordance with the provisions of said Article to the same extent as if it were copied at length herein." Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the tenns of the Contract, or to the work perfonned thereunder, or the plans, specifications~ or drawings accompanying the same, shall in such change extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment Bond 1 of 2 IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 11th day of April ,2002. D. L. Davidson Contractors. Inc. National American Insurance Company J Principal f)~.'/- Surety By: By: "l c>. tJ _ tzI/(i..vy1.o Title: President Title: C. W. Adams, Attorney-in-Fact Address: Address: 19728 Saums Road. PMB 125 P.O. Drawer 9 Houston, Texas 77084 Chandler, OK 74834 The name and address of the Resident Agent of Surety is: C. W. Adams - Insurance Alliance 1776 Yorktown, Suite 200 Houston. Texas 77056 HOUSTOUN, WOODARD. EASON, GENTLE. TOMFORDE. AND ANDERSON. INC. dba Insurance Alliance 1776 Yorktown, Suite 200 Houston, Texas 77056.4114 TOI License #1381 FEIN #760362043 I ,I Payment Bond 2 of 2 NATIONAL AMERICAN INSURANCE COMPANY CHANDLER, OKLAHOMA POWER OF ATTORNEY PRINCIPAL D. L. Davidson Contractors, Inc. EFFECTIVE DATE 04-11-02 19728 Saums Road PMB 125, Houston, Texas 77084 (STREET ADDRESS) (CITY) (STATE) (ZIP CODE) CONTRACT AMOUNT $49,027.00 AMOUNT OF BOND $ 49,027.00 CB 53267 POWER NO. KNOW ALL MEN BY THESE PRESENTS: That the National American Insurance Company, a corporation duly organized under the laws of the state of Oklahoma, having its principal office in the city of Chandler, Oklahoma, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 8th day of July, 1987, to wit: "Resolved, that any officer of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney-in- Fact, such persons, finns, or corporations as may be selected from time to time. Be It Further Resolved, that the signature of any officer and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." National American Insurance Company does hereby make, constitute and appoint DONALD E. WOODARD, JR., SHARON CAVANAUGH, CYNTHIA A. HARTIS, C.W. ADAMS, SUE KOHLER, ANDREW .... JANDA, LELAND L. RAUCH, CHERYL R. COLSON, HARLAN J. BERGER OR MICHAEL COLE State of TEXAS its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead to sign, execute, acknowledge and deliver in its behalf, and its act and deed, as follows: The authority of said Attorney-in-fact to bind the company shall not exceed $1,000,000 for any single bond. And to bind National American Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by the duly l' authorized officer of the National American Insurance Company, and all the acts of said Attorney(s) pursuant to the authority herein given, are hereby 1"atified and confirmed. IN WITNESS WHEREOF, the National American Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. i..- NATIONAL AMERICAN INSURANCE COMPANY }y ~J~ W. Brent LaGere, Chairman & Chief Executive Officer L STATE OF OKLAHOMA ) COUNTY OF LINCOLN ) SS: On this 8th day of July, A,D. 1987, before me personally came W. Brent LaGere, to me known, who being by me duly sworn, did depose and say; that he resides in the County of Lincoln, State of Oklahoma; that he is the Chairman and Chief Executive Officer of the National American Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. .Jk YJ1L l_ Notary Public My Commission Expires August 31, 2003 l STATE OF OKLAHOMA ) COUNTY OF LINCOLN ) SS: I, the undersigned, Assistant Secretary oftlle Natiooal American Insurance Company, an Oklahoma Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORc"lEY remains in full force. Signed and Sealed at the City of Chandler~ 1 Dated the 11 th day of April (~Ionlh) 2002 (Year) L_ I L 1/ia;t/ /~~ Winifred E. Mendenhall, Assistant Secretary IMPORTANT NOTICE IN ORDER TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may call National American Insurance Company's toll-free telephone number at: 800-822-7802 or 800-322-2210 or You may write to National American Insurance Company at: Attn: Claims Department P.O. Box 9 Chandler, OK 74834 - or street address - Attn: Claims Department 1010 Manvel Avenue Chandler, OK 74834 You may also contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9104 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and . does not become a part or a condition of the attached document and is given to comply with Section 2253.048, Government Code, and Section 53.202, Property Code, effective September 1,2001. ACORD,. CERTIFICA TE OF LIABILITY INSURANC~2~~~ B~ DATE (MMIDDNY) 04/10/02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Alliance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1776 Yorktown, #200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Houston TX 77056 Phone: 713-966-1776 Fax: 713-966-1700 INSURERS AFFORDING COVERAGE INSURED INSURER A: Texas Mutual Ins CO INSURER B: Travelers Insurance Company D L Davidson coniractors Inc. INSURER C 19728 Saums Rd. 125 INSURER D: Houston TX 77084 I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER ~~~lfM,f,bBW.}YE P~.k+~~ri~r~~?N LIMITS LTR GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 - B X COMMERCIAL GENERAL LIABILITY PACP741H019A02 02/22/02 02/22/03 FIRE DAMAGE (Anyone fire) $300,000. I CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $ 5,000 PERSONAL & ADV INJURY $1,000,000 - GENERAL AGGREGATE $ 2 , 000 , 000 - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 I n PRO- nLOC POLICY JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - $ ANY AUTO (Ea accident) - ALL OWNED AUTOS BODILY INJURY - $ SCHEDULED AUTOS (Per person) - HIRED AUTOS BODILY INJURY - $ NON-OWNED AUTOS (Per accident) - - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ==l ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ ~ OCCUR D CLAIMS MADE AGGREGATE $ $ ==l DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND X I TORY LIMITS I IUE~- A EMPLOYERS' LIABILITY TSFOOO1110899 11/17/01 11/17/02 $ 500000 EL. EACH ACCIDENT E L. DISEASE - EA EMPLOYEE $ 500000 E L. DISEASE - POLICY LIMIT $ 500000 OTHER A Contractors Equip PACP741H019A02 02/22/02 02/22/03 Rent/Leas 250,000 Ded 250. DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Certificate holder is shown as Additional Insured on General Liability CERTIFICATE HOLDER I Y I ADDITIONAL INSURED; INSURER LETTER: CANCELLA TION LAPOR09 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATlm DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ...3.L DAYS WRITTEN City of La Porte NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 604 West Fremont Parkway IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR La Porte TX 77571 REPRf:SENTATIVES. AU~~ED R.RJ.~Er-:TATI' "~II __ .... I r . · -T ACORD 25-S (7/97) @ACORDCORPORATION 1988 GENERAL CONDITIONS CLP Project No. 2001-4501 General Conditions 1 of 1 '/.-) j . """ r- - [-) This doCument has important legal consequences; consultation with an attorney is encouraged with respect to its use or . modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COl\Du'rl'E1!: and .~II . Issued and Published Jointly By NafionalSociefyof Professional Engineers PmllaJ,mlll Engl"..n In hnllPtldln ) AMERICAN CONSULTING ENGINEERS. COUNCIL PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The ....soc:iat<d Gencral T C_rs of America Construction Specifications Institute ~~ AKI AMERICAN SOCIETY OF CML ENGINEERS These General Conditions have been prepared for use with the Owner-Contractor Agreements (No. 1910-8-A-1 or 1910- 8-A-2) (1996 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EICDC User's Guide (No. 1910-50). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910-17) (1996 Edition). EICDC No. 1910-8 (1996 Edition) r .~ - ~ . i t , .....-.- - r~ ;. .~ t. r \ ':' \ ., r 1 L: ~..'~' - ~ ". ! Copyright 01996 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Consulting Engineers Council 1015 15th Street N.W., Washington, DC 20005 American Society of Civil Engineers 345 East 47th Street, New York, NY 10017 00700 - 2 . . ...... TABLE OF CONTENTS ('"" __ .~..1 'faK -- ARTICLE 1 - DEFINITIONS AND TERMINOLOGY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 6 1.01 Defined Tt!T11IS ................................................... 00700 - 6 1.02 Terminology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 8 ARTICLE 2 - PRELIMINARY MA TIERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 9 2.01 Delivery of Bonds ................................ '. . . . . ." . . . . . . . . . ; . '00700 - 9 2.02 Copies of Documents .............................:................... 00700 - 9 2.03 Commencement of CQntract Tunes; Notice to Practtd .......................... 00700 - 9 2.04 Starting the Walt ................................................. 00700 - 9 2.05 Before Starting Construction .......................................... 00700 - 9 2.06 Preconstruction Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : 00700 - 10 2.07 Initial Acceptance of Schedules. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 10 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ......... ~ . . . . . . . . . . 00700 - 10 3.01 Intent. . . . . . . . . . .'. . . . . '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; . : . . . . . . . 00700 - '10 3.02 Reference Standards .............................................. 00700 - 10 3.03 Reporting and Resolving Discrepancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 11 3.04 Amending and Supplementing Contract Documents ......................:..... 00700 - 11 . 3.05 Reuse of Documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 11 ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDmONS; REFERENCE POINTS .............................................. 00700 - 11 4.01 Availability of Lands .............................................. 00700 - 11 4.02 Subsurface and Physical Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 12 4.03 Differing Subsurface or P~ysical Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 12 4.04 Underground Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 13 4.05 Reference Points .. '.' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 13 4.06 Hazardous Environmental Condition at Site " . . . . . . . . . . . . . . . . . . . . . . .'. . . . . '. . oo7Dq - 14 ARTICLE 5 - BONDS AND INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 15 5.01 . Performance, Payment, and Other Bonds ................................. 00700 - 15 5.02 Licensed Sureties and./nsurers ........................................ 00700 - 15 5.03 Certificates of Insurance . ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 15 5.04 CONI'RA.CTOR's Liability Insurance .................................... 00700 - 15 5.05 OWNER'sLiabilityInsurance . .........................................00700-16 5.06 Property Insurance ................................. '. . . . . . . . . . . . . . 00700 - 16 5.07 Waiver of Rights ...... . . . . . . . . . . . . . . . . . .'. . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 17 5.08 Receipt and Application of Insurance Proceeds. . . . . . . . . . . . . . . . . . . . . . . '. . . . . . . 00700 - 18 5.09. Acceptanct of Bonds and Insuranct,' Option to Replace ........................ 00700 - 18 5.10 Partial Utilization, Acknowltdgment of Property Insurer. . . . . . . . . . . . . . . . . . . . . . . . 00700 - 18 ARTICLE 6 - CONTRACTOR'S RESPONSmlUTIES ...... '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 18 6.01 Supervision ani! Superintendence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 18 6.02 . Labor,' Working Hours ............................................. 00700 - 19 6.03 Services, Materials, and Equipment. . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 19 6.04 Progress Schedule .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 19 6.05 Substitutes and "Or-Equals" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : 00700 - 19 6.06 Concerning Subcontractors, Suppliers, and Others. . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 20 6.07 Patent Fees and Royalties ........................................... 00700 - 21 6.08 Permits. . . . . . . . . . . . . . . '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 21 6.09 Laws and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 22 6.10 Taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . 00700 - 22 6.11 Use of Site and Other Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 22 6.12 Record Documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 22 6.13 Safety and Protection ...... . . . . . . . . . . . . . . . . . . . . . . . '.' . . . . . . . . . . . . . . . 00700 - 23 6.14 Sqfety Representative .............................................. 00700 - 23 6.15 Haz.ard Communication Progra~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 23 .,) 'N ....' 0) '~-.;,' 00700 - 3 , .,:.; n ( r '. : .':'1 i." I . L. i 6.16 Emergencies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 23 6.17 Shop Drawings and Samples. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 23 6.18 Continuing the Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 24 6.19 CONTRAcrOR's General Warranty and Guarantee. . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 25 6.20 Indemnification. . . . . . . . .' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 25 ARTICLE 7 - OrnER WORK .................................................... 00700 _ 26 7.01 . Related Work at Site .'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 26 7.02 Coordination. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 26 - ARTICLE 8 - OWNER'S RESPONSmlUTIES ........................................ 00700 _ 26 8.01 Communications to Contractor ............... . . . . . . . . . . . . . . . . . . . . . . . . '. 00700 _ 26 8.02 ReplQ.cement of ENGINEER. . ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .'. . 00700 _ 26 8.03 Furnish Data ...................................................'. 00700 _ 26 8.04 Pay Promptly iVhen Due . . . .' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 26 8.05 Lands. and Easements: Repons and Tests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; . . 00700 _ 26 8.06 Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .'. . . . . . . . . . . . . 00700 _ 27 8.07 Change Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 27 8.08 Inspections, Tests, and Approvals ....................................... 00700 _ 27 8.09 Limitations on OWNER's Responsibilities ................................. 00700 _ 27 _ 8.10 Undisclosed Hazardous Environmental Condition ............................ 00700 _ 27 8.11 Evidence of Financial Arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 27 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION. . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 27. 9.01 OWNER'S Representative ...;....................................... 00700 _ 27 9.02 VISits to Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 27 9.03 Project Representative .......................:..................... 00700 _ 27 9.04 Clarifications and Interpretations ...................................... 00700 - 28 9.05 Authorized Variations in Work ........................................ 00700 - 28 9.06 Rejecting Defective Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 28 9.07 ShopDrawings, Change Orders and Payments ................ ..............00700 -28 9.08 Determinations for Onit Price Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 28 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work .......... 00700 - 28 9.10 Limitations on ENGINEER's Authority and Responsibilities. . . . . . . . . . . . . . . . . . . . . . 00700 - 28 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS ......................;............ 00700 - 29 10.01 Authorized Changes in the Work .............. . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 29 10.02 Unauthorized Changes in the Work ..................................... 00700 - 29 10.03 Execution of Change Orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 29 _ 10.04 Notification to Surety '.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 29 10.05 Claims and Disputes. . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 30 ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK. . . . . . . . . . . . . . 00700 - 30 11.01 Cost of the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 30 11.02 Cash Allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 32 11.03 Unit Price Work ................................................. 00700 - 32 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ............. 00700 - 33 12.01 Change of Contract Price ........................................... 00700 - 33 12.02 Change of Contract Times . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 33 12.03 Delays Beyond CONTRAcrOR's Control .................,................ 00700 -.33 12.04 Delays Within CONTRAcrOR's Control. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 34 12.05 Delays Beyond OWNER's and CONTRAcrOR's Control. . . . . . . . ~ . . . . . . . . . . . . . . . 00700 - 34 12.06 Delay Damages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 34 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK. . . . . . . '.' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 34 13.01 Notice of Defects ......... '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 34 13.02 Access to Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 34 13.03 Tests and Inspections ............................................... 00700 - 34 13.04 Uncovering Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 35 13.05 OWNER May Stop the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 35 13.06 Correction or Removal of Defective Work ...........;...................... 00700 - 3S -I': f ,<i .J ~ " 00700 - 4 r 1::~''1.'-\ i ..... """" "'-' '-" ,.... :- e,'" ", ~......' , '';;'- ~,-'" i.... I ~ ;'~ ...;.. ..;.. i '\: , 13.07 Correction Period ......................................... . . . . . . . 00700 - 35 13.08 Acceptance of Defective Worlc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 36 13.09 OWNER May Correct Defective Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 36 ARTICLE 14 - PAYMENTS TO CONTRAcTOR AND COMPLETION. . . . . . . . . . . . . . . . . . . . . . . . 00700 - 36 14.01 Schedule of Values . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . 00700 - 36 14.~ Progress Payments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; . . . 00700 - 37 14.03 CONrRACI'OR's Wamurl)' ofntle ..................................... 00700 - 38 14.04 Substantial Completion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 38 14.05 Partial Utilization ................................................ 00700 - 39 14.06 Finallnspection ................................................., 00700 - 39 14.07 Final Pay~ . . . . . . . . . . . . . . . . . . . . . . . . . ; . . . . . . . . . . . . . . . . . . . . . . '. . 00700 - 39 14.08 Final Completion Delayed . . . . . . . . . . . . 0.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 40 14.09. Waiver o/Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 40 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION ............................. 00700 - 40 15.01 OWNER May Suspend Work. . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . 00700 - 40 15.02 OWNER May TermlnateforCause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 40 15.03 OWNER May Terminate For Convenience . . . . . . .' . . . . . . . . . . . . . . . . . ~ . . . . . .'. . 00700 - 41 15.04 CONI'RA.CI'OR May Stop Work or Terminate. ; .... . . . . . . . . . . . . . . . . . . . . . . . . . .00700.-.41 ARTICLE 16 - DISPUTE RESOLUTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 41 16.01 Methods and Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .'. . . . . . . . 00700 - 41 ARTICLE 17 - MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 42 17.01 Giving Notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ',' . . . . . . . . . . . . . . . . . . 00700 - 42 17.02 Computation of Times . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 42 17.03 Cumulative Remedies ........................ . . . . . . . . . . . . . . . . . . . . . . 00700. 42 17.04 Survival of Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700. 42 17.05 Contrplling Law ................................................. 00700 - 42 00700 - 5 GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Contract Documents and printed with initial or all capital letten, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. t .: 1. Addenda-Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the Contract Documents. ., ,: l ~. . ~ ~ " 2. Agreement-The written instrument which is evidence of the agreement between OWNER and CONTRACTOR covering the Work. ! : 3. Application/or Payment-The form acceptable to ENGINEER which is to be used by CONTRACTOR during the course of the Work in requesting progress or imal payments and which is to be accompanied by such supporting documentation as is required by the Contract, Documents . \- ~. 4. Asbestos-Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. "',". t' r ' L 5. Bid-- The offer or proposal of a bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidding Documents-The Bidding Requirements and . the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 7. Bidding Requirements-The Advertisement or Invitation to Bid, Instructions to Bidders, Bid security form, if any, and the Bid form with any supplements. ,j, 8. Bonds--Performance and payment bonds and other instruments of security. I. 9. Change Order-A document recommended by ENGINEER which is signed by CONTRACTOR and 'OWNER and authorizes an addition, deletion, or revision . in the Work or an adjustment in the Contract Price or the 00700 - 6 -f,J ,:.~., " ..., Contract Times, issued on or after the Effective Date of - the Agreement. 10. Claim-A demand or assertion by OWNER or _ CONTRACTOR seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or _ . services by a'third party is not a Claim. 11. Contract-The entire and integrated written agreement between the' OWNER and CONTRACTOR - concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. - 12. Contract Documents-The Contract Documents establish the rights and obligations of the parties and - include the Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award)' - when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the _., Drawings as the same are more specifically identified in ' the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders. and ENGINEER's written interpretations and clarifications issued on or after the Effective Date of the Agreement. Approved Shop Drawings and the reports and drawings of subsurface and physical conditions are _ not Contract Docwnents. Only printed or hard copies of the items listed in this paragraph are Contract Documents. Files in electronic media format of text, data, graphics, _ and the like that may be furnished by OWNER to CONTRACTOR are not Contract Documents. 13. Contract Price-The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.03 in the case of Unit Price Work). 14. Contract Times--The number of days or the dates - stated in the Agreement to: (i) achieve Substantial Completion; and (ii) complete the Work so that it is ready for final payment as evidenced by ENGINEER' s writte~ recommendation of final payment. 15. CONTRACTOR-The individual or entity with whom OWNER has entered into the Agreement. ~ ,.;.;...... "iI:""-)" I ~ , :-:-: ;....... :....... ..... ,,~ - .... ....... "- J 16. Cost of the Work--See paragraph 11.01.A for definition. 17. Drawings-That part of the Contract Docwnents prepared or approved by ENGINEER which graphically shows the scope, extent, and character of the Work to be performed by CONTRACTOR. . Shop Drawings and other CONTRACTOR submittals are not Drawings as so defined. 18. Effective DaJ~ of the Agreement-Tbe date indicated in the Agreement on whi~ ~ becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. .19. ENGINEER-.The individual or entity named as such in the Agreement. 20. ENGINEER's Consultant-An individual or entity having a contract with ENGINImR. to furnish services as ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 21. Field Order-A written order issued by ENGI- NEER which requires minor Changes in the Work but which does not involve a change in the Contract Price or the Contract Times. . 22. General Requirements-Sections of Division 1 of the Specifications. The General Requirements pertain to all se~tions of the Specifications. 23. Hazardous Environmental Condition-The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material. in such quantities or circwnstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 24. Hazardous Waste-The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 2S. Laws and Regulations,' Laws or Regulations-Any and all applicable laws, rulel\, regulations,. ordinances, codes, and orders of any and all governmental bodies, agencies, . authorities, and courts having jurisdiction. 26. Liens-Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 00700 - 7 27. Milestone-A principal event specified in the Contract Docwnents relating to an intermediate comple- tion date or time prior to Substantial Completion of all the Work. 28. Notice of Award-The written notice by OWNER to the apparent successful bidder stating that upon timely compliance by the apparent successful bidder with the .. conditions precedent listed therein, OWNER wUI sign and deliver the Agreement. 29. Notice to Proceed--A written notice given by OWNER to CONTRACTOR fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall.start to perform the Work under the Contract Documents. 30. OWNER-The individual, entity, public body, or authority with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be performed. 31. Partial Utilization-Use by OWNER of a substan- tially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 32. PCBs-Polychlorinated biphenyls. 33. Petroleum-Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pOunds per square inch absolute), such as oil, petroleum,' fuel oil, oil sludge, all refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 34. Project-The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part as may be indicated elsewhere in the Contract Documents. 3S. Project Manual-- The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be ~und in one or more volumes, is contained in the table(s) of conte~ts. 36. Rodioactive MaJerial-Source, special nuclear, or byproduct material as deCmed by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 37. Resid.ent Project RepresentaJive- The authorized representative of ENGINEER who may be assigned to the Site or any part thereof. 38. SanqJles--Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 39. Shop Drawings-All drawings, diagrams, illustra- tions, schedules, and other data or information which are specifically prepared or assembled by or for CON- TRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. r'~ t ". r' ~ 40. Site--Lands or areas indicated in the Contract Documents as being furnished by OWNER upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by OWNER which are designated for the use of CONTRACTOR. l' ~ 41. Specifications-That part of the Contract Documents consisting of written technical descriptions of materials, equipment, systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto. 42. Subcontractor-An individual or entity having a direct contract with CONTRACTOR or with any other Subcontractor for the performance-of a part of the Work at the Site. [ . ! - i _~ 43. Substantial Completion-- The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER, the Work (or a . specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. L; \ - 44. Supplementary Conditions-That part of the Co~tract Documents which amends or supplements these General Conditions. 4S. Supplier-A manufacturer. _fabricator, supplier, distributor, materialman, or vendor having a direct contract with CONTRACTOR or with-any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 46. Underground Facilities-All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, 00700 - 8 steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, - ~ storm water, other liquids or chemicals, or traffic or ~ other control systems. 47. Unit Price Work--Work to be paid for on the basis of unit prices. 48. Work-- The entire comp.eted construction or the various separately identifIable parts thereof required to be provided under the Contract Documents. Work includes. and is the result of performing or providing all labor, - services, and dOCUDientation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as - required by the Contract Documents. - . 49. Work. Change Directive-A written statement to _ CONTRACTOR issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen - subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the - Contract Times but is evidence that the parties expect that the bliange ordered or documented by a Work Change . Directive will be incorporated in a subsequently issued _ ~ Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 50. Written Amendment--A written statement modifying the Contract Documents, signed by OWNER and CONTRACTOR oh or after the Effective Date of the _ Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction-related aspects of the ContractDocum.ents. 1.02 Terminology A. Intent of Certain Terms or Adjectives 1. Whenever in the Contract Documents the terms "as allowed," "as approved, or or terms of like effect or _ import are used, or the adjectives "reasonable, " "suitable," "acceptable,"- "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of ENGINEER as to the Work, it is intended that such action or determination will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in - the Contract Documents and conformance with the design ~ concept of the completed Project as a functioning whole " as shown or indicated in the Contract Documents (unless there is a specifIc statement indicating otherwise). The J f- , ~ ~, .- .'- ..,...... ~ use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the perfonnance of the Wor~ or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.10 or any other provision of the Contract Documents. B. Day ARTICLE 2 - PREUMINARY MATTERS 2.01 Delivery of Bonds A. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish. 1. The word "day" shall constitute a calendar day of 24 hours measured from midnight to the next midnight. 2.02 Copies of Documents . C. Defective 1. The word "defective,. when modifying the word "Work,. refers to Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents 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 ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accor- dance with paragraph 14.04 or 14.05). D. Furnish, InstaU, Perform, Provide ,I. The word "furnish,. when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, mjlterials, or equipment. to the Site (or SOIDe other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipme~t, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended USe. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipmC?nt complete and ready for intended use. 4. When "furnish," "install," "perform," or "pro- vide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of CONTRACTOR, "provide" "is implied. E. Unless stated otherwise in the Contract Documents, words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meanhlg. A. OWNER shall furnish to CONTRACTOR up to ten copies of the Contract Documents. Additionai copies will lie furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Worle A. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starling Construction A. CONrRACI'OR's Review of Contract Documents: Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity. or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affec~ed thereby; hoWever, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error. ambiguity, or discrepancy in the Contract DocUments unless CONTRACTOR knew or reasonably should have known thereof. B. Preliminary Schedules: Within ten days after the Effective Date of the Agreement (unless otherwise specified 00700 - 9 in the General Requirements), CONTRACTOR shall submit to ENGINEER for its timely review: 1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work., including any Milestones specified in the Contract Documents; 2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing, and processing such submittal; and , .. 3. a preliminary schedule of values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdi- vides the Work into component parts in sufficient detail to serve as the basis. for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. [" ~ ~: ., ,... ~ i'. .~ C. Evidence of Insurance: 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 Conditions, certificates of insurance (and other evidence of insurance 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 Article S. 2.06 Preconstruction Conference f. ." A. Within 20 days after the Contract Times start to run, but before any Work at the Site is started,a conference. attended by CONTRACTOR, ENGINEER, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.05.B, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. i L:. . I.: ~ . 2.07 Initial Acceptance of Schedules A. Unless otherwise provided in the Contract Docu- ments, at least ten d;lYS before submission of the flI'st Application for Payment a conference attended by CON- TRACTOR, ENGINEER, and others as appropriate will be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph 2.05.B. CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until acceptable schedules are submitted to' ENGINEER. 1. The progress schedule will be acceptable to ENGINEER if it provides an orderly progression ar"the ~ ~ Work to completion within any specified Milestones and , the Contract Tunes. Such acceptance will not impose on ENGINEER responsibility for the progress schedule, for - sequencing, scheduling, or progress' of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. - 2. CONTRACTOR's schedule of Shop Drawing and Sample submittals will be acceptable to ENGINEER if it . provides a workable arrangement for reviewing and - processing the required submittals. 3. CONTRACTOR's schedule of values will be - acceptable to ENGINEER as to fonn and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is called for by one is as binding u if Galled for by all. _ t B. It is the intent of the Contracl. Documents. to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. - Any labor, documentation, services, materials, or equipment that may reasonably be inferred from 'the Contract Docu- ments or from prevailing custom or. trade usage as being _ required to produce the .intended result will 1>(: provided whether or not specifically called for at no additional cost to OWNER. C. Clarifications and interpretations of the Contract Documents shall J>e issued by ENGINEER as provided in Article 9. 3.02 Reference StantkudJ A. Standards. . Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the - standard, specification, manual, code, or Laws or Regula- tions in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), 00700 - 10 -.... .,. ~ . ......... :...... ~"A ~:.. .... -'- ~ ;;): .. ..".;'-' .. except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual or code, or any instruction of a Supplier shall be effective to change the duties or responsibilities of OWNER, CONTRACTOR, or ENGINEER, or arty of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents, nor shall any such provision or instruction be effective to assign to OWNER, ENGINEER, or any of ENGINEER's Consultants, agents, or employees any duty or authority to supervise or direct the performaIICC of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity; or discrepancy within the Contract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Work or of any standard, spcc~cationtmanual or code, or of any instruction of any SUpplier, CONTRACTOR shall report it to ~NGINEER in writing at once. . CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as required by paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.04; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error, ambiguity, or dis- crepancy unless CONTRACTOR knew or reasonably should have known thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the COD:tract Documents, the provisions of the Contract . Documents shall take precedence in resolving any contlict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a: ... the provisions of any standard, specification, manual, code, or instruction (whether or not specifi- cally incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents . A. The Contract Documents may be amended to provide for additions, deletions, and revisions in. the Work or to modify the tenns and conditions thereof in one or more of the following ways: (i) a Written Amendment; (ii) a Change Order; or (iii) a Work Change Directive. B. The requirements of the Contract DocUments may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: (i) a Field Order; (ii) ENGINEER's approval of a Shop Drawing or Sample; or (iii) ENGINEER's written interpretation or clarification. . 3.05 Reuse oj Documents A. CONTRACTOR and any Subcontractor or Supplier or other individual or entity performing or furnishing any of the Work under a direct or indirect contract with OWNER: (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, including electronic media editions; and (ii) shall not reuse any of such Drawings, SpecifICations, other documents, or copies thereof on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaption by : ENGINEER. This prohibition will survive fmal paymeilt;. completion, and acceptance of the Work, or termination or completion of the Contract. Nothing herein shall preclude CONTRACTOR from retaining copies of the Contract Documents for record purposes. ARTICLE 4 - A V A.1LAB1UTY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4.01 Availability oj Lands A. OWNER shall furnish the Site. OWNER shall notify CONTRACTOR of'any encumbrances or restrictions not of general-application but specifically related to use of the Site - with which CONTRACTOR mUst comply in performing the Work.:OWNER will obtain in a timely manner and pay.for . easements for permanent structures or permanent changes in existing facilities. If CONTRACTOR and OWNER are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a resUlt of any delay in .OWNER's furnishing the Site, CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. 00700 - 11 L: r} r. . ~~ . i.. . , t L . (.' ... Lf B. Upon reasonable written request, OWNER shall furnish CONTRACTOR with a current 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 necessary for giving notice of or filing a mechanic I s or construction lien against such lands in accordance with applicable Laws and Regulations. C. CONTRACfOR shall provide for all additiona1lands and access thereto that may be required for temporary cons~tion facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: Conditions identify: The Supplementary 1." those reports of explorations and teSts of ' I subsurface conditions at or contiguous to the Site that ENGINEER has used in preparing the Contract Docu- ments; and 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that ENGINEER has used in preparing the Contract Documents. .. 'B.' Limited Reliance by CONTRACTOR on TechnicQz Data Authorized: CONTRACTOR may rely upon the" , general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not' Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER, or any of ENGINEER's Consultants with respect to: ' 1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techni~s, sequences, and procedures of construction to be employed by CONTRACTOR, and safety precautions and programs incident thereto; or 2. other data, interpretations, oplDlons, and information contained in such reports or shown or indicated in such drawings; or 3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 00700 - 12 4.03 Differing Subsurface or Physical Conditions A. Notice: If CONTRACTOR believes that any subsur- face or physical condition at or contiguous to the Site that is uncovered or revealed either: t ., 1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to"- rely as provided in paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a ch8nge in the Contract Documents; or 3. differs matel"iaily from that shown or indicated in - the Contract Documents; or 4. is of an unusual nature, and differs materially- from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection - therewith (except in"an eIlletgency as required by paragraph 6.16.A), notify OWNER. arid ENGINEER in writing about such condition. CONTRACtOR shilll not further disturb - ~ such condition or perform any Work in 'connection 'therewith :(except as aforesaid) until receipt of written order-todo so:- B. ENGINEER's Review: After receipt of written notice as required by paragraph 4.03.A, ENGINEER will promptly review the pertinent condition, determine the necessity of OWNER's obtaining additional exploration or tests with- respect thereto, and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. C. Possible Price and Times Adjustments 1. The Contract Price or the Contract Times, or - both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in - CONTRACTOR's cost of, or time required for, perfor- mance of the Work; subject, however, to the following: a. such condition must meet anyone or more of the categories described in paragraph 4.03.A; and b. with respect to Work that is paid for on a - Unit Price Basis, any adjustment in Contract Price . will be subject to the provisions of paragraphs 9.08 and 11.03. J 2. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the'submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a ~t of any examination, ihvestigation,'exploratian, test, or study of the Site and contigUous areaS required by the Bidding Requirements or Contract Documents to be conducted by or for CON- TRACTOR prior to CONTRACTOR's making such final commitment; or I- I I ",;<'"l!' c. CONTRACTOR failed to giVe the written notice within the time and as required by paragraph 4.03.A. ,,,.. , '\ -" 3. If OWNER and CONTRACTOR arc unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both. a Claim maybe made therefor as provided in paragraph 10.05. However, OWNER, E~G~lm., ~"ENOINEER'sConsultants shall not be liable to CONTRACTOR for any claiIns, costs, losses, or ~g~;(~l~:but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) "sustained by CONTRACTOR on or in connection with any other project or anticipated projec:rt. 4.04 Underground. FaciUties A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to exiMing Underground Facilities at or contiguous to the Site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities, including OWNER, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. OWNER and ENGINEER: sball not be responsible for the accuracy or completeness of any such information or data; and 2. the cost of all of the following will be included in the Contract Price, and CONTRACTOR shall have full responsibility for: III a. reviewing and checking all such information and data, . b. locating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work with the owners of such Underground Facilities, including OWNER, during construction, and d. the safety and protection of all such Under- ground Facilities and repairing any damage thereto resulting from the Work. . .. B. "Not Shown or IndiCllted 1. If an Underground Facility is uncovered or revealed at or contiguouS to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, CONTRACTOR shall;" promptly after becoming aware thereof and before " further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6. 16.A), identify the owner of such Underground Facility and give written notice to that owner and' to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the .existence or " ".,locatioD,of the Underground Facility. During such time,. . :"CONTRACTOR shall be responsible for the safety and" ..' ~ proteptionofsuch Underground Facility. "' . :;:....'..,:~;, "'. 2. If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price of Contract Times, or both, to the extent that they arc attributable to the e~stence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, OWNER or CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. 4.05 Reference Points A. OWNER shall provide engineering surveys to establish reference points for . construction which in ENGINEER's judgment are necessary to enable CON- TRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and property 00700 - 13 monuments, and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: Reference is made to the Supplementary. Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the ENGINEER in the preparation of the Contract Documents. F') ~~ ': B. Limited Reliance by CONTRACI'OR on Technical Data A.uthorized: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings arc not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: ~, ;. 1. the completeness .of.such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences.and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto; or [') 0' t .:: C.< 2. other data, interpretations, OpInlons and information contained in such reports or shown or indicated in such drawings; or I," , : 3. any CONTRACTOR interpretation of or conclusion drawn froni any "technical data" or any such other data, interpretations, opinions or information. C. CONTRACTOR shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. CONTRACTOR shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by CONTRACTOR, Subcontractors, Suppliers, or anyone else for whom CON- TRACTOR is responsible. D. If CONTRACTOR encounters a Hazardous Environmental Condition or if CONTRACTOR or anyone for whom CONTRACTOR is responsible creates a Hazardous Environmental Condition, CONTRACTOR shall immedi- ately: (i) secure or otherwise isolate such condition; (ii) stop - all Work in connection with such condition and in any area affected thereby (except in an emergency as required by paragraph 6.16); and (iii) notify OWNER and ENGINEER- (and promptly. thereafter confirm such notice in writing). OWNER shall promptly consult with ENGINEER concerning . the necessity for OWNER to retain a qualified expert to- evaluate such condition or take corrective action, if any. E. CONTRACTOR shall not be required to resume_ Work in connection with such condition or in any affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR written 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 special conditions under which such Work may be resumed safely. If OWNER and - CONTRACTOR cannot agree as to entitlement to or on the amount or extent,. if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stop-_ page or such special conditions under which Work is agreed to be resumed by CONTRACTOR, either party may make a Claim therefor as provided in paragraph 10.05. F. If after receipt of such written notice CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to _ ! resume 'such Wark under such special conditions,' then OWNER:may..order the portion of the Work that is in the ,.'., area affected by such condition to be deleted from the Work. If OWNER and CONTRACTOR cannot agree as to- entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may - make a Claim therefor as provided in paragraph 10.05. OWNER may have such deleted portion of the Work performed by OWNER's own forces or others in accordance _ with Article 7. G. To the .fullest extent permitted by Laws and Regulations, OWNER shall indemnify and hold harmless - CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and the officers, directors, partners, employees, agents, other consultants, and_ subcontractors of each and 'any of them from and against all claims, costs, losses, and.damages (including but not limited to all fees and charges of engineers, architects, attorneys, and _ other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that' such Hazardous Environmental Condition: (i) was not shown or - indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by CONTRACTOR or by - anyone for whom CONTRACTOR is responsible. Nothing 00700 - 14 J,;.." '- ,1.0,;, ....;:. :;..i\o I ( i...... ~ in this paragraph 4.06.E shall obligate OWNER to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall. indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees, agents, other consultants, and subcontractors of each and any of them from and againSt all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created -by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing in this paragraph 4.06.F shall obligate CONTRActoR to indemnify any individual or entity from and against the consequences of that individual~s or entity's own negligence. I. The provisions of paragraphs 4.02, 4.03, and 4.04 are not intended to apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLES-BONDS AND INSURANCE 5.01 Perforntahce, Piiyment, and Other Bonds . .t.' ....... "'\,0, '.. A. CONTRACTOR shall furnish performance and payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's. obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Contract Documents. B. ~ Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptabllfsureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. . - C. If the surety on any Bond furnished by CON- TRACTOR is declared bankrupt or becomes insolvent or its .. ,tight to do business is terminated in any state where any part Ofth~i PtOjcct is located or it ceases to meet the requirements 00700 - 15 '.,.-",'". of paragraph 5.01.B, CONTRACTOR shall within 20 days thereafter substitute another Bond and surety, both of which shall comply with the requirements of paragraphs 5.01.B and 5.02. 5.02 Licensed Sureties and Insurers A. All Bonds and insurance required by the Contract' Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety ot insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements aDd qualifications as may be provided in the Supplementary Conditions. .. S .03 - certificates ()f Insurance A. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supple- mentary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain. OWNER shall deliver to CONTRACTOR, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidenee of insurance requested by CONTRACTOR - or' any other additional insured) which OWNER is required.to purchase and maintain. 5.04 CONTRAcrOR's Liability Insurance A. CONTRACTOR shan purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed. by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: I. claims.. under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; 3. claims for damages because of bodily iIijury, sickness or disease, or death of any person other than CONTRACTOR's employees; roo, f' . r ~~ , . ' j: " i~. , , . , .. r."" t....: t.:. ('.:: ... .~. t' : \ " ; ." ~ ".' 4. claims for damages insured by reasonably available personal injury liability coverage which are sus- tained: (i) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (il) by any other person for any other reason; S. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or de.ath of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance so required by this paragraph 5.04 to be purchased and maintained shall: 1. with respect to insurance required by paragraphs S.04.A.3 through 5.04.A.6 inclusive, include as additional insureds (subject to any customary exclusion in . respect of professional liability) OWNER, ENGINEER, ENGINEER's Consultants, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, partners, employees, agents, and other consultants and subcontractors :tlf each 'and 'any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits ~f liability provided in the Supplementary Conditions or' required by Laws or Regulations, whichever is greater; 3. include completed operations insurance; 4. include contractual liability insurance covering CONTRACTOR's indemnity obligations under para- graphs 6.07, 6.11, and 6.20; 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.03 will so provide); 6. remain in effect at least until fmal payment and at all times thereafter when CONTRACTOR may be correcting, removing, or replacing defective Work in accordance with paragraph 13.07; and - 7. with respect to completed operations insurance, and any insurance coverage written on a claims-made- basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish O~ and each other additional insured identified in the Supple--" mentary Conditions, to whom a .certificate of insurance has been issued, evidence satisfactory .to. OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). - 5.0S OWNER's Uability Insurance - A. In addition to the insurance required to be provided by CONTRACTOR under. paragr~h S.04,. OWNER, at OWNER's option, may purchase and maintain at OWNER's,." expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under. the Contract Documents. S.06 Property Insurance A. Unless otherwise provided in the Supplementary- Conditions, OWNER shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts": . as may/be 'provided' in the Supplementary Conditions or required by Lawsand,Regulations). This insurance shall: . 1. include the interests of OWNER, CONTRAC-- TOR, Subcontractors, ENGINEER, ENGINEER's Consultants, and any other individuals or entities identi- fied in the Supplementary Conditions, and the officers_ directors, partners, employees, agents, and other consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an addjtional insured; -, 2. be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall at- least include insurance for physical loss or damage to the Work, temporary buildings, false work, and materials and equipment in transit, and shall insure against at least the..... following. perils or causes of loss: fire, lightning, extended. coverage, theft, vandalism and malicious. mischief; earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and- Regulations, water damage, and such other perils OJ causes of loss as may be specifically required by the Supplementary Conditions; 3. include expenses incurred in the repair or replacement of any insured property (including but not- limited to fees and charges of engineers and architects); 00700.- 16 -, 4. cover materials and equipment stored at the Site or at another location that w~ agreed to in writing by OWNER prior to be~ 4J,cofPQnted in. the Work, provided that such materials ~d equipmeni have been included in an Application for Payment recommended by ENGINEEB.; S. allow for partial utilization of the Work by OWNER; 6. include testing and startup; and 7. be maintained in effeCt until final payment is made unless otherwise agreed to in writing by OWNER, CONTRACTOR, and ENGINEER with 30 days written notice to each other additional insured to whom a certifi- cate of insurance has been issued. . , B. OWNER shall purchase Ind j"aintai~ SQCh boiler and macl1.inery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINBER, ENGINEER's Consultants, and any other individuals or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. C. All. the policies of insurance (and the certificates .or . other . evidence thereof) required :~. : J?e ..pW;Chased and maintained in accordance with paragraph 5.06 will contain a provision or endorsement $lt the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with paragraph 5.07. D. OWNER shall not be responsible for purchasing and maintaining any property insurance . specified ,in this paragraph 5.06 to protect the in~erests of CONTRACTOR, Subco1)tractors, or others in the Work to the extent of any dCductible amounts that are id~ntified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be bome by CONTRACTOR, Subcontractors, or other~ sqffering any such loss, and if any of them wishes property bisurance coverage within the limits of such amOlQ1ts, . each may purchase and maintain it at the ~vh:haser's own expense. .~ la: If CONTRACTOR requests in writing 'that other i;... 'JJ~ia.l insUfance be included in the property insurance lJ8J,i~ies~f~vif;ied under paragraph S .06, OWNER .shall, if ~,!I;)l~, include such insurance, and the cost thereof will be .~ted to CONTRACTOR by appropriate Change Order or .:..J~flttcn Amendment. .Prior to commencement of the Work at the Site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. 5.07 Waiver of Rights A. OWNER and CONTRACTOR intend that all policies purch@,sed in accordanc~ with paragraph S.06..wiU protect OWNER, CONTRACTOR, Subcontractofs, BNG~ER, ENGINEER's Consultants, and. all. other individuals or entities identified in the Supplementary Coriditions to be listed as insureds or adcU~onal insureds' (and tbc oftice~, directors, partuers, employees, agents, and other consultants aDd subcontractors of each and any of them) in such policies aDd will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such poJici~ shall contain provisions to the effect that in the event of pllyment of any loss or damage the .ers will have no rights of recovery against any of the ~weds or additional insureds thereunder. OWN~ and..CONTRAC- TOR waive all rights against each other and their respective officers, directors, partners, employees, agents, and other. consultants and subcontractors of each and any of tbCtq for all losses ami damages caused by, arising O\\t of or resulting from any of the perils or causes of loss coven;d by sueh policies ~ any other property insurance applicable to the Work; and, in addition, wpjve .ilL Juell' ti~.. ,giWJi;t SubContractors, ENGINEER. :aN~'s CouSu1tmt:s~ and all other individuals or entitic:s~dentified in the Supplemen- tary Conditions to be listed ~. ~e4sor .w1itio~a1 in$ureds (and the officers, directors, partners, employees, ag~nts, and other consultants ~ subcontractors of eacn and any or them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rightS that any PllrtY making such waiver may have to the proceeds of insurance held by OWNER as trustee or otherwise payable Under any policy so issued. B. OWNER. waives all tights ag~t CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees, agents, and oilier consultants and subcontractors of each and any of them for: 1. loss due to :business interroption, loss of use, or other consequential loss extending beyond direct physical .101lS or damage to OWNER's property or the Wo*..:. . caused by, arising out of, or resulting from fire or other peril whether or not insured by OWNER; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the:: completed Project or part thereof by OWNBR. during partial utilization pursuant to paragraph 14.05, after Substantial Completion 00700 - 17 pursUant to paragraph 14.04, or after fmal payment pursuant to paragraph 14.07. - of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to mamtain - C. Any insurance policy maintained by OWNER cover- prior to any change in the required coverage. Without ing any loss, damage or consequential loss referred to in prejudice to any other right or remedy, the other party may paragraph 5.07.B shall contain provisions to the effect that in elect to obtain equivalent Bonds or insurance to protect such ..;. the event of payme~ of any suc;h loss, damage, or other party's interests at the expense of the party who was consequential loss, the insurers will have no rights of.. :,rcquired to provide such covera~e, and a Change Order.~ recovery .".. against CONTRACTOR, Subcontractors, . be issued to adjust the Contract Price accordingly. . <. ENGnma.~ or ENGINEER's Consultants an~ the officers,;"{ "d' :i'-'" ditectors, partners, employees, agents, and other consultants 5.10 Partial Utilization, Acknowledgment of Property and subcontractors of each and any of them. Insurer 5.08 Receipt and Application of lnsilran~e Proceeds r t ~ A. Any insured loss under the policies of insurance required by paragraph 5.06 wUl be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mongage clause and of paragraph 5.08.B. OWNER shall depOsit in a separate account any money so reCeived and shall distribute it in accordance with such agree- ment as the parties in interest may reach. If no other special agreement is reached, the damaged WOJk shall be repaired or replaced, the moneys so received applied on account thereof, . and the Work and the cost thereof covered by an appropriate Chan:~e Order 'or Written Amendment. ":.' "~.." .- ~ .. r " , : . ~ ~ ~'. .l,. '/.' I .~ B. OWNER as fiduCiary shall have power to adjust and settle any loss with the insUrers Ufi1es~ one of the parties in interest shall object in writing within 15 days after the occurrence of loss to OWNER's exerCise of this power. If such objection be made, OwNER as', fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers and, if required in ~ri~g by any party in interest, OWNER as fiduciary shall give bOnd for the proper performance of such duties. ; " ; :' l' ": I i. . 5.09 Acceptance of Bonds and Insurance; Option to Replace ;.:.. A. If either OW~ or CONTRACTOR has any objection to the coverage 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 of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 day~ after receipt of the certificates (or other evidencereqtiested) required by paragraph 2.0S.C. 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 all of the Bonds and insurance required I ~ 00700 - 18 A. If OWNER finds it necessary to Occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided.in p~agraph 14.05, ._ DO such use or occupancy shall commence before the insurers providing the property insurance pursuant to paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers - providing the property insurance shall consent by endorse- ment on the policy or policies, but the property insurance shall not be canceled or permitted. to lapse on acco~t of any -. such partial use or occupancy. ARTICLE 6 - CONTRACTOR~.S'RESPONSmILITIES . 6.01 Supervision and Superintendence A. CONTRACTOR shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention _ thereto and applying suCh skills and expertise as. may be necessary to perform the Work in accordance with ~e Contract Documents. CONTRACTOR shall be solely_ responsible for the means, methods, techniques, sequences, and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of OWNER or ENGINEER in the design or specification of a specific- means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall_ be responsible to see that the completed Work complies accurately with the COntract Documents. B. At all times during the progress of the Work, CONTRACtOR shall assign a competent resident superin- tendent thereto wh~ shall not be replaced without written notice to OWNER and ENGINEER except under- extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the Site and ~all have authority to act on behalf of CONTRACTOR. A11- communications given to or received from the superintendent shall be binding on CONTRACTOR. - -' 6.02 ~[; ~orking Hours ",;1" , A. C," ::.' . 'CTOR shall provide competent, suitably qualified .}'.:~ I to survey, layout, and construct the Work as' v;..".. d by ~ Contract Documents. CON- TRACT '-.' at all times tnaiPtain good discipline and .'.-.. ' order at ,. 'i,.~;rl . B. EJ~t' ~ othe~ required for the safe?, or protectio '~~sons or the Work or property at .the Site or adjacent, ". ~~ .~ except as oth.~rwise stated in the ContractQ, all Work at the Site shall be performed during re. 0 ~orkmg hours, and CONTRACTOR will not permit " work or the perfo~ce of Work on Saturday, ~ '; or any legal holiday without OWNER's written . {Which will not be unreasonably. withheld) . ,,~; "given aftc written notice to ENGINEER..' ,-, '.'; 1 " I.. 1. 6.03 seMles: Materials, and Equipment ',j~,.t:' . A. Unless otherwise specified in the General Re- quiremen~lrr,;6N1'RACTOR shaQ. provide and assume full rcsponsibi!1';!:f6t'all services, materials, equipment, labor, ~i; ~on equipment and machinery, tools, appliances:;;'~fuel, power, light, heat, telephone, water, sanitary facUlties; temporary facilities, and all other facilities -. " ., .,and incid~iitals ~cessary fot the performance, .te~ting, I. .... :'..:" ~-UP' aJ\~~t~~qti ~f the Work:' '. .' .~~~:_ '.' '. B. Alr~f~~S~aI1d equipment incorporat~d into the Work shal11j.aS specified or, if not specified, shall be of good quali1l .~, new, except as otherwise provided in the Contract tiUDents. All warranties and guarantees speCifica1l~~,< . ,led for by the Specifications shall expressly roD to the ~t of OWNER. If required by ENGINEER, CONTRA~ . ~ha11 furnish satisfactory' evidence _ . (including ~ns of required tests) as to the source, kind, I and quality''"Ofmaterials and equipment. All materials and t equipment sliltl :be stored, applied, installed, connected, erected, p~~, used, cleaned, and conditioned in accordance '" Mth instructions of the applicable Supplier, except as otperWise may be provided in the Contract Docu- ments. 6.04 Prd)b~' Sdzedule 'i~'; ;, . '.I.'t/ . A. C ... '" CTOR shall adhere to the progress schedule establishe., ~c_Qr~e with paragraph 2.07 as it may be adjusted fr .,_..~~e to time as provided below. ' ~."";;'"'''''''' . 1. ", ..~CTOR shall submit to ENGINEER for acceptiQ. r:'tto. the extent indicated in paragraph 2.07) proposi';jJ~tm~ts in the progre.ss schedul~ that will not Ie ,~gmg the Contract TlDles (or Milestones). Such'.., S will conform generally to the progress schedul. . hi effect and additionally will comply with any provisions of the General Requirements applicable therero. . 2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall b!: submitted in accordance with the requirements of, Article 12. Such adjustments may only be made by a Change Order or Written Amendment in accordance with . Article 12. . 6.05 .:' 'Substitutes and "Or-Equals" .' A. Whenever an item of material or equipment is specified or described in the Contract Documents I;>y using the name of a proprietary item or the name of a particular Supplier, . the . specification or description is intended to establish the type, function, appeararicc, and quaiity required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or-equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Supplier~ may be submitted to ENGINEER for review under the circum- stances descn"bed below. 1. .Or-Equal" Items: If in ENGINEER's sole discretion an i~ of material or equipment proposed by CONTRACTOR is functionally equal ro that named and ~ciently Sbni1ar $0 that no cluu1gC'in related Work will be required, it may be considered by: ENGINEER as an "or-equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute . items. For the purposes of this paragraph 6.0S.A.l, a proposed item of material or equipment' will be considered functionally equal to an item so named if: a. in the ,exercise of reasonable judgment ENGINEER determines that: (i) it is at least equal in quality, durability, appearance, strength, and design characteristics; (ii) it will reliably perform at least equally well the function imposed by the design concept of the completed Project as a functioning whole, and; b. CONTRACTOR certifies that: (i) there is no increase in cost to the OWNER; and (ii) it will conform substantially, even with deviations, to the detailed requirements of the item' named in the Contract Documents. 2. Substitute Items a. If in ENGINEER's sole discretion an item of material or eqUipment proposed by CONTRACTOR does not qualify as an .or-equal" item under 00700 - 19 paragraph 6.0S.A.l, it will be considered a proposed substitute item. ( . b. CONTRACTOR shall submit sufficient information as proVided below to allow ENGINEER to determine that. the item of material or equipment proposed is essentially equivalent to that named and an acceptable. ~1;>stitute therefor. Requests for review of proposed su1Jstitute items of material or equipment will not be' acCepted by ENGINEER from anyone other than CONTRACTOR. l. ; c. The procedure for review by ENGINEER will be as set' forth in paragraph 6.0S.A.2.d, as supplemented in the GeD:Cral ReqUirements and as .ENGINEER may decide is appropriate under the circuinstances. . Ii.. d. CONTRACTOR shall first make written application to ENGINEER for review of a proposed substitute item 'of material or equipment that CONTRACTOR seeks to furnish or use. The application shall certify that the proposed substitute item will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that Specified, and be suited . to the same use as that specified. The application : will; state the extent, if any, to Which the use of the proposed substitute item will prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not use of the proposed substitute item in the. Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute item and whether or not incorporation or use of the proposed substitute item in cqnnection with tlle Work is subject to payment of any. license fee or royalty. All variations of the pro- posed substitute item from that specified will be identified in the application, and available enginee~g, sales, maintenance, repair, and replacement services will be indicated. The application will also contain an iteinu:ed estimate of all costs or credits that will result directly or indi- rectly from use of such substitute item, including costs. of redesign and claims of other contractors affected by any resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute item. ENGINEER may require CON- TRACTOR to furnish additional data about the pro- posed substitute item. (-,' f :.~ ~ .: ,. 0' f> '_:' r.' B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence, or procedure of constru~tion approved by ENGI- NEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that _ expressly called for by the Contract Documents. The proce- dure for review by ENGINEER will be similar to that provided in s~bpaIagraph 6.0S.A.2. . . 4 - .."'! C. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or subini~ ~ade pursuant to paragraphs 6.0S.A and 6.0S.B. ENGINEER. will be the sole judge of acceptability. No "or~" or s~bstitute will be ordered, installed or utilized .untll ENGINEER's review is complete, .which will.be _. evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equal." ENGINEER will advise CONTRACTOR in writing. of any negative determination. D. Spec.ial Guarantee: OWNER may require CON- TRACTOR to furnish at CONTRACTOR's expense .a special performance guarantee or other surety with respect to any substitute. E. ENGINEER's Cost Reimbursement: ENGINEER will ..' record time requ~d by ENGINEER and ENGINEER,'s . Consultants~. ev~~ilil& substitute proposed or submitted by , CONTRACTOtt pursuant to.paragrapbs 6.0S.A.2 and 6.0S.B and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER approves a sUbstitute item so propOsed or submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER: for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute. ~ F. CONTRAcrOR's Expense: CONTRACTOR shall provide all data in support of any proposed substitute or "or-equal" at CONTRACTOR's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. CONTRACTOR shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to OWNER as indicated in paragraph 6.06.B), whether initially or as, a replacement, against whom OWNER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of $e Work against whom CONTRACTOR has reasonable objection. -~ B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or 00700 - 20 . :- f- r f-- tr-. I' . 1..... i t ~...... [ '. .... . c. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the 6.07 Patent Fees and Royalties Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as A. CONTRACTOR shall pay all license fees and CONTRACTOR is responsible for CONTRACTOR's own royalties and assume all costs incident to the use in the acts and omissions. Nothing in the Contract Documents shall. . . performance of the Work or the incorporation in the Work of cr~at~'fc)r.the;beilCfi.t of any such Subcontractor, Supplier: t>r>'~ 'aJiy\invention, design, process, product, or device"~hieh is other individliaJ ~or entity any contractual relationship between ',.. .lhe . subject of patent rights or copyrights held by. otherS".": If OWNER or ENGINEER and any such Subcontractor. a particular invention, design, process, product, or device is Supplier or other individual or entity, nor shall it create any specified in the Contract Documents: for use in the obligation on the part of OWNER or EN:GINEER to payor performance of the Work and if to the actual knowledge of to see to the payment of any moneys due any such Subcon- OWNER or ENGINEER its use is subject to patent rights or tractor, Supplier, or other individual'.pr entity except as may copyrights calling for the payment of any license fee or otherwise be required by Laws and Regulations. royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees or agents. and other consultants of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. entities to be submitted to OWNER in advance for acceptance by OWNER by a specified date prior to the Effective Date of the Agreement,' and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Conditions, OWNER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding D~ents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be: rewked on the basis of reasonable objection after due investigation. CON- TRACTOR shall submit an acceptable'replacemei1t for the ,'. rejected Subcontractor,. Supplier, or other individual or entity, and the Contract Price will be adjusted by the differ- ence in the cost occasioned by such replacement, and an appropriate Change Order will be .issued or Written Amendment signed. No acceptance by OWNER of any such . Subcontractor,' Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. D. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other .individuals or entities performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. E. CONTRACTOR shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with ENGI- NEER through CONTRACTOR. F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor pr Supplier to the applicable terms and conditions or' the Contract Documents for the benefit of OWNER '. and ENGINEER. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additicmal insured on the property insurance provided in paragraph 5.06, the agreement between the CONTRACTOR and the Subcontractor or Supplier will contain. provisions whereby the Subcontractor or Suppner waives all rights against OWNER, CONTRACTOR" .ENGINEER, ENGINEER's Consultants, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors. partners, employees, agents, and other consultants and.subcontractors of each and any of them) for all losses and damages caused . by, arising out of. relating to, or resulting from any of the perilS or causes of loss covered by such poliCies and any' other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier. CONTRAC- TOR will obtain the same. 6.08 Pennits A. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction permitS and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits 00700 - 21 f -~ and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary 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 Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto, such as plant investment fees. r .. ~. 6.09 Laws ant! Regulations . A. CONTR,A.CTOR shall give all notices and comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's comp~ance with any Laws or Regulations. B. If CONTRACTOR performs any Work. knowing or having' reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work; however,' it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawirigs ,are il;l.accordan!=e with Laws and Regulations, but this shaiI not relievc:CONTRACTOR of CONTRACTOR's obligati~ns underiP~a~:ll..,h3.~3. ~ . .. . . . I" ..... f. . . ~ ... , , ~ ;. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Times. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as 'provided in paragraph 10.05. ji t ... ..~ r. 6.10 Taxes A. CONTRACTOR shall pay all sales, consumer, use, and other similar taxes required to be paid by CONTRAC- TOR in accordance with the Laws and Regulations of the 'place of the Project which are applicable during the performance"of the Work.. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. CONTRACTOR shall confme construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not 00700 - 22 unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. -( ."rn 2. Should any claim be made by any such owner or occupant because of the perfO['IQllDCC of the Work, CONTRACTOR shall promptly settle with. such other party. by negotiation .or otherwise resolve the claim by arbi~~tioil or other dispute resolution proceeding or at law. . -'" - 3. To the fullest e;uent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultant,.. . . and the officers, directors, partners, _ employees, agents, and other consultants of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other ~ispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER, or any other party indeninified hereunder to the extent caused by or based . . upo~50~~CTOR'S performance of the Work.' . ",_( ;'V'l' ....;. :. . I B. ,R,emovol,ofDebris During Peifonnance of the Work:, During the progress of the Work CONTRACTOR shall keep' the Site and other areas free from accumulations of waste materials,'rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall con- form to applicable Laws and Regulations. , . ~I - C. Cleaning: Prior to Substantial Completion of the Work. CONTRACTOR shall clean the Site and make it ready for utilization by OWNER. At the completion of the Work CONTRACTOR shall remove from the Site all tools, appliances, cons~tion equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: CONTRACTOR shall not 10a4:,' nor permit any part of any structure to be loaded in any" mariner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents ~I . A. CONTRACTOR shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work , - ."'" i J - .....~ ..... fI) ,....' -) Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to ENGINEER for OWNER. 6.13 Safety and Protec,tio..n A. CONTRACTOR shall be soiely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent' damage, injury or loss to: . . 1. all persons on the Site or who may be affected by the Work; '2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, . shrubs, lawns, wilks, pavements, roadways, structureS, utilities, and Underground Facilities not designated for reniova1~ relocation, or replacement in the course of construction. B. CONTRACTOR shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and ma,intain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work.may affect them, and shall cooperate with them ii1 the protection, removal, relocation, and replacement of their property. All damage, injury, or loss to any property referred to in paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by CON- TRACTOR, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Con- sultant, or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier, or other individual or entity directly 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 an.d ENGINEER has issued a notice to OWNER: and CONTRACTOR in accordance with paragraph 14.07.B that the Work is acceptable (except as' otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. CONTRACTOR shall designate. a qualified and experienced safety representative at the 'Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions. and programs. 6.1S Hazard Communication Programs . A. CONTRACTOR shall be responsible for coordinatiT\g any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent: thereto, CONTRACTOR is obligated to act to prevent threatened damage', injury, or loss. CONTRACTOR shalL.. give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work oi variations from the Contract Documents have been caused thereby or are required as a result thereof; 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. 6.17 Shop Drawings and Samples A. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. All submittals will ~ identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimen- sions, specified performance and design criteria, materials, and similar data to show ENGINEER the services, materi~, and equipment CONTRACTOR proposes to provide ~d to enable ENGINEER to review the information for the limited purposes required by paragraph 6.17 .E. B. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample 00700 - 23 ,_.., l ~ r-~ : " ; " t ',' \' ". r , l .. . ' ! , .'-"r f ~': I: " ~. .~-., I" .' submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers, and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited purposes required by paragraph 6.17.E. The numbers of each Sample to be submitted will be as specified in the Specifications: C. Where a Shop Drawing or Sample is required by the Contract Documents or' the schedule of Shop Drawings and Sample submittals acceptable tc? ENGINEER as required by paragraph 2.07, any related ~.W ork performed prior to ENGINEER's review and approval of the pertinent submittal will be at the sole expense and responsibility' of CONTRACTOR. , D. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified: a. all field measurements, quantities, dimen- sions, specified performance criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b. all materials with respect to intended use, fabrication, shipping, handling; 'storage, assembly, , and installation pertaining to' the performance of the Work; . ., ::. .~.- ';"'. 1.": c. all information relative to means, methods, techniques, sequences, and procedures of construc- tion and safety precautions and programs incident thereto; and ' d. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Docu- ments. 2. Each submittal shall bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's-!l'cview and approval of that submittal. 3. At the time of each submittal, CONTRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or, Sample submitted may have from' the requirements of the Contract Documents, such notice to be in a written com- mUnication separate from the submittal; and, in addition, .shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. E. ENGINEER 's Review ~ 1. ENGINEER will timely review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals';" acceptable to ENGINEER. ENGINEER's review and , approval will be only to determine it-the items covered by the submittals will, after installation or incorporation in . the Work, conforin 'to the information given in the - Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. ENGINEER's review ;md approval will not extend to means, methods, techniques, sequences, or _ procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs - incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. ENGINEER's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR _ ~ from responsibility, for any variation from the require- ments of the Contrac~ .Docum~ unless CONTRACTOR has in writing called.ENGINEER's attention to each such variation at the time of each submittal as required by paragraph 6.17.D.3 and ENGINEER has given written approval of each such variation by specific written notation thereof incorporated in or accompan)'ing the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR .from responsibility for complying with the requirements of paragraph 6.17.D.l. F. Resubmittal Procedures 1. CONTRACTOR sba1l make corrections required by ENGINEER and shall return the required number of corrected copies . of Shop Drawings and submit as required new Samples for review and approval. CON- TRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGI- NEER on previous submittals. 6.18 Continuing the Work A. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except ~ 00700 - 24 ."~"" " \ . -.~.,' .:- .;.) ~) as permitted by paragraph 15.04 ,or as OWNER and CONTRACTOR may otherwise agree in writing. 6.19 CONI'RACI'OR's'General Warranty and Guarantee A. CONTRACTOR warrants and guarantees to OWNER, ENGINEER, and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not.be defective. CONTRA~TOR's warranty and guarantee; hereunder excludes defects: or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than CONTRACTOR, Sub- contractors, Suppliers, or any other individual or entity for whom CONTRACTOR is responsible; or .' . .: ~ 2. nomial wear and tear under normal usage. B. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: : 1., observations by' ENGINEER;: :" .~ I .,,:. ,N_, 2. reconuDendation by ENGINEER or payment by OWNER of any progress or fmal payment; 3. the issuance of a certificate of Substantial Completion by ENGINEER or any paYment related thereto by OWNER; 4. use or occupancy of the Work or any part thereof by OWNER; 5. any acceptailce by OWNER or any failure to do so; 6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptabil- ity by ENGINEER; 7. any inspection, test, or approval by others; or 8. any correction of defective Work by ~WNER. 6.20 lndemnijication A. To the fullest extent permitted by Laws and Regula- tions, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees, agents, and other consultants and sUbcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all coUrt or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage: 1. is attn"butable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangibl~ '.'.,,,property (other than the Work itse1f), including the Joss of use resulting therefrom; and 2. is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any SQpplier, or any individual or entity directly or indirectly. ,r employed by any of them to perform any of the Work,or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of an individual or entity indem- nified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such individual or entity. B. . . In any and all claims against OWNER or ENGINEER or any of their respective consultants, agents, officers, directors, partners, or employees by any employee (or the survivor or personal repreSentative of such employee) of . , CONTRACTOR, any Su~on~[~tor, ~y Supplier, or any individual or Cntity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier, or other individual or entity under workers' cOmpensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of CONTRACTOR under paragraph 6.20.A shall not extend to the liability of ENGINEER and ENGINEER's Consultants or to the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them arising out of: 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failb1g to give them, if that is the primary cause of the injury or damage. 00700 - 25 ARTICLE 7 - OTHER WORK ~ 7.01 Related Worlc at Site A. OWNER may perfonn other work related to the Project at the Site by OWNER's employees, or let other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Con- tract Documents, then: 1. written notice thereof will be. given to CON- TRACTOR prior to starting any such other work; and e: ,. . 2. if OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract TlDles that should be allowed as a result of such other work, a Claim may be made therefor as provided in paragraph 10.05. r. . B. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is perfonning the other work with OWNER's employees) proper and safe access to the Site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly coordinate the W<?rk with theirs. Unless otherwise provi~ in the Contract.:Dpcuments, CON- TRACTOR shall do all cutting', fitting, and patching .of the .' Work that may be required to properly connec~ or otherwise make its several parts come together and properly integrate with such other work. CONTRACTOR. shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or.alter 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 are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and su$ utility owners and other contractoIS. ; . .. .'~.' .~.. .'/" ,~~ ....... ..' ( ..~ I i. :~ i'.' C. If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed 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 failure to so report will conStitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If OWNER intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in SupplementarY Conditions: - ( 1. the individual or entity who will have authority and responsibility for coordination of the activities among .;.. the various contractors will be ~ntified; 2. the specific matters to be covered by such ...... authority and responsibility will be itemized; and 3. the extent of such authority arid responsibilities will be provided. - B. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and respon- _ sibmty for such coordination. ARTICLE 8 - OWNER'S RESPONSmIUTIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conm- . tions, OWNER' shall issue all communications to _ ~ CONTRACTOR through ENGINEER: '.r~ . ' 8.02 Replac~nJ oj ENGINEER .'.. . . A. In case of termination of the employment of ENGI- NEER, OWNER shall appoint an engineer to whom CONTRACTOR makes no reasonable objection, whose status - under the Contract Documents shall be that of thC former ENGINEER.. 8.03 Furnish Data A. OWNER shall promptly furnish the data required of OWNER under the Contract Documents. 8.04 Pay Promptly When DIU A. OWNER shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.02.C and 14.07.C. . 8.0S 1.And3 and Easements; Reports and Tests A. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.01 and 4.05. Paragraph 4.02 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations 00700 - 26 () ....... and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by ENGINEER in preparing the Contract Documents. 8.06 Insurance .....\ A. OWNER's responsibilities, if any, in respect to pur- chasing and maintaining liability and property insurance are set forth in Article S. .:,.} \" ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 OWNER'S Representative A. ENGINEER will be OWNER's representative dUring the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative d~g 'construction are set forth in the Contract I>ocumeI1ts and will DOt be changed without written consent of OWNER and ENGINEER. A. OWNER is obligated to execute Change Orders as 9.02 VISits to Site indicated in paragraph 10.03. .... '..,:.. , . ;;. -:: .:~ ", 8.07 Change Orrkn A. ENGINEER will make visits to the Site at intervals appropriate to tho various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based on information obtained during such visits and observations, ENGINEER, fur the benefit of OWNER. will determine, in JenC.1'a1; if the A. The OWNER sba11 not supervise, direct, or have Work is proceeding in accordance with the Contract control or authority over, nor be responsible for, Documents. ENGINEER will not be required to make CONTRACTOR's means, methods, techniques, sequences, exhaustive or continuous inspections on the Site to check the ~.":'.~"i::" or procedures of construction, or the safety precautioDS'and . quality or quantity. ohhe Work. ENOlNEER.'j efforts will ."J . . programs ~d~nt thcre.to, or for any failure .of GOO.., be directed toward.providing for OWNER a.greater degree .. ". . TRACTOR to coQ1Ply with Laws and RCguiationS'applicable n. of confidence that the completed' 'Work will cOnform - to the performance of the Work. OWNER will not be generally to the Contract Documents. On the basis of such responsible for CONTRACTOR's failure to perform the visits and observations, ENGINEER will keep OWNER Work in accordance with the Contract Documents. informed of the progress of the Work and will endeavor to , guard OWNER against defective Work. -' ,~ ~)." :.,,1 8.08 InspeCtions, Tests, and Approvals A. OWNER's responsibility in respect to certain inspec- tions, tests, and approvals is set forth in paragraph 13.03.B. 8.09 Limitations on OWNER's Responsibilities 8.10 Undisclosed Hazardous Environmental Condition A. OWNER's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in paragraph 4.06. 8.11 Evidence of Financ:ialArrangelnents A. If and to the extent' owNER. has agreed to furnish CONTRACTOR reasonable evidence that financial arrangements have been made to satisfy OWNER's obligations under the Contract Documents, OWNER's responsibility in respect thereof will be as set forth in the Supplementary Conditions. B. ENGINEER's visits and observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.10, and particularly, but without limitation, during or as a result of ENGINEER's visits or observations of CONTRACTOR's Work . ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to ~sist ENGINEER in providing more extensive observation of the Work. The responsibilities and authority and limitatioDS thereon of any such. Resident Project Representative 'and assistants will be as provided in paragraph 9.10 and in the Supplementary Conditions. If OWNER designates another 00700 - 27 A. ENGINEER may authorize minor variations in the A. ENGINEER will be the initial interpreter of the Work from the requirements of the Contract Documents requirements of the Contract Documents and judge of the which do not involve an adjustment in the Contract Price or acceptability of the Work thereunder. Claims, disputes and the Contract Times and arc compatible with the design other matters relating to tbe acceptability of the Work, the concept of the completed Project as a functioning whole as quantities and classifications of T,Jnit Price Work,' the . 41c1i~t~~b.Y. the ,Contract Documents. These maY~;ibei": .;..;~interpretationofthe.requirements of the ContractDoeuments ~C?c.~~p~~d .,PY a Field Order and will be binding on~... ;pcJ;taining to the performance of the Work,. and.. Clilims OWNER'imd also on CONTRACTOR, who shall perform. " seeking changCs in the Contract Price or Contract Times will the Work involved promptly. If OWNER and CONTRAC-. be referred initially to ENGINEER in writing, in accordance TOR are unable to agree on entitlement to or on the amount with the provisions of paragraph 10.05, with a request for a or extent, if any, of any adjustment in the Contract Price or formal decision. Contract Times, or both, as a result of a Field Order, a Claim may be made therefor as provided in paragraph 10.05. representative or agent to represent OWNER at the Site who is not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supple- mentary Conditions. 9.04 Clarifications and Interpretations r'~ A. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the re~- menta of the Contract Documents as ENGINEER may deter-' min~ necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If OWNER and CON- TRACTOR arc unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price, or . Contract Times, or both, that should be allowed as ' . a result of~Writteii clarification or interpretation, a Claim may be made therefor as provided in paragraph 10.05. , . r- 9.05 Authorized Variations in Work ( . ." "\ . ' U 9.06 Rejecting Defective Work r ""; ( l .' A. ENGINEER will have authority to disapprove or reject Work which .ENGINEER believes to be defective, or that EN~INEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejUdice the integrity of the" design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER.will also have authority to require special inspection or testing of the Work as provided in paragraph 13.04, whether .or not the Work is fabricated, installed, or completed. 9.07 Shop Drawings. Change Orders and Payme"nts A. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraph 6.17. . B. In connection with ENGINEER's authority as to Change Orders, see Articles 10, 11, and 12. -c C. In connection with ENGINEER's ~uthority as to Applications for Payment, see Article 14. 9.08 Determinations for Unit Price Work .... . A. ENGINEER will determine tht actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review"with CON- . TRACTOR the ENGINEER's pre~ ~~rmiJiatiOD5 on such matters before rendering a written decision' thereon (by recommendation of an Application fot Payment or otherwise). ENGINEER's written decision thereon will be final and binding (except as modified by ENGINEER to reflect changed factual conditions or more accurate data) ;upon OWNER and CONTRACTOR, subject - to. ,the provisions of paragraph 10.05. . 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work .i ~~ - B. When functioning as in~reter and judge under this paragraph 9.09, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The r~ndering of a decision by ENGINEER pursuant to this paragraph 9.09 with respect to any such Claim, dispute, or other matter (except any which have been waived by the making or acceptance of .final payment as provided in paragraph 14.07) will be a condition precedent to any exercise by OWNER or CONI:RACTOR of . such rights or re~dies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such Claim, .dispute, or other matter. ~. 9.10 Limitations on ENGINEER's Authority and Respon- sibilities A. Neither ENGINEER's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority " 00700 - 28 ~() ........ J-.i.; - A. CONTRACTOR shall not be entitled to an increase . in the Contract Price or an extension of the Contract Times . B. ENGINEER will not supervise, direct, control, or with respect to any work performed that is not re~ by have authority over or be responsible for CONTRACTOR's. ..' the Contract Documents as . amdtded, modified, or means, l1.1.ethods, techniques, sequences. orpi:ocedures of ._supplemented as provided in paragrapA'3.04, except in the . construction. or the safety precautions and programs incident .' case of an emergency as provided in paragraph 6.16 or in the thereto, or for any failure ofCONTRACrOR to comply with case of uncovering Work as provided in paragraph 13.04.B. Laws and Regulations applicable to the performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform. the Work in accordance . with the Coiltract Documents. or responsibility or the undertaking, exercise, or performance of any authority or responsibility by ENG~ shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other individu~ or entity, or to any surety for or employee or agent of any of them. . I':.', ~ C. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any SUpplier, or of any other individual or entity performing any of the Work. Directive, a Claim may be made therefor as provided in paragraph 10.05. . 10.02 UnautJwrized Changes in the Work 10.03 Execution, of Change Orders A.. OWNER and CONTRACTOR shall execute . apPropriate Change Orders recommP.l1Oed by ENGINEER '(or' . ,,'. . . Written Amendments) covering: 1. changes in the Work which are: (i) ordered by OWNER pursuant to paragraph 10.01.A, (ii) required because of acceptance of defective Work under para- graph 13.08.A or OWNER's correction of defective Work.under paragraph 13.09, or (ill) agreed'to by the parties; D. ENGINEER's review of the final Application for Payment and accompanying documentation and all mainte- nance and operating instructions, schedules, guarantees, Bonds, certificates of inspection, tests and approvals, and -,other ~op!~~nt~tion required to be delivered by para~aph. ",,~ ". ,:2. changes in the Contract Price or Contract .T!:!n~ "'.. 4>"\, '14.01.A:tm~y be to determine generally that their content . .. which are agreed to by the parties; including" "any ~.J . ,complies:.-w'ith.:the requirements of, and in the case 'o("=". ':j' . 'undisputed sum or amount of time mr'-Work- actUal1:y':.~; _ certificates of inspections, tests, and approvals that the results perfonned in accordance with a Work Change Directive; certified indicate compliance with, the Contract Documents. and ........ "'- -) E. The limitations upon authority and responsibility set forth in this paragraph 9.10 shall also apply to ENGINEER's Consultants, Resident Project Representative, and ~sistants. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Agreement and without notice to any surety, OWNER. may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). . B. If OWNER and CONTRACTOR are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change 3. changes in the Contract Price or Contract Times which embody the substance of any written. decision rendered by ENGINEER pursuant to paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.18.A. 10.04 Notification to Surety A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such' notice will be CONTRACTOR's responsibility. The amount of each applicable Bond will be adjusted to reflect the effect of any such change. 00700 - 29 I , , , t ; ; i. .' I, ( - . ., ~ -,', r :~ u t : ; 10.05 Claims and Disputes , "A. If.ofi..ce:' .W~~ng*e statin.E ~~.gep.er.~ ~ture of each Claim, dispute, or other matter shall be delivered by the claimant to ENGINEER and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. Notice of the amount or extent of the Claim, dispute, or other matter with supporting data shall be delivered to the ENGINEER and the other party to the Contrac~ within 60 days after the start of such event (unless ENG~E,ER allows additional time for claimant to submit additional or more accurate data in support of such Claim, dispute, or other matter). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of paragraph 12.01.B. A Claim for an adjustment in Contract Time shall'be prepared in accordance with the provisions of paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement that the adjust- ment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to ENGINEER and the claimant within 30 days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). B. ENGINEER's Decision: ENGINEER will render a formal decision in writing within 30 days after receipt of the last submittal of the claimant or the last submittal of the oPP9sing party, i~ any. ENGINEER's written decision on such Clairi1~ dispute, or other matter will be final and binding u~n OWNP.R~,CONTRACTOR unless: ;, 'I. an appeal from ENGINEER's decision is taken within the time limits and in accordance with the dispute resolution procedures set forth in Article 16; or 2. if no such dispute resolution procedures have been set forth in Article 16, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other. and to ENGINEER within 30 days after the date of such decision, and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction within 60 days after the date of such decision or within 60 days after Substantial Completion, whichever is later (unless otherwise agreed in writing by OWNER and CONTRACTOR), to exercise such rights or remedies as the apPealing party may have with respect to such Claim; dispute, or other matter in accordance with applicable Laws and Regulations. C. If ENGINEER does not render a formal decision in writing within the time stated in paragraph 10.05.B, a decision denying the Claim in its entirety shall be deemed to have been issued 31 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any. D. No Claim for an adjustment in Contract Price or Contract Times (or Milestones) will be valid if not submitted - ~ in accordance with this paragraph 10.05. ~ ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK -- 11.01 Cost a/the Work .<; ',~I . ":;wn- . ,:'A. 'Costs Included: The term Cost of the Work means' the sum of all costs necessarily incurred ~ paid by CON- TRACTOR.in the proper performance of the Work. When the value of any Work covered by a Change Order or when - a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to CONTRACTOR will be only those additional or incremental-' costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by OWNER, such costs sh3.11 be_ in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in paragraph 11.01.B. 1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance. of the W.ork .lJ.11de~ schedules of job classifications agreed upon by_~ , .'OwNER and CONTRACTOR. Such employees shall' /; .': ,~qlude- without limitation superintendents, foremen,an,d~;, ,..':: other personnel employed full time at the Site. Payroll costs for employees not employed full time on the Work- shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe .benefits, - which shall include social security contributions, unem- ployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, _ sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday. Sunday, or legal holidays, shall be iricluded in the above to the extent authorized by - OWNER. 2. Cost of'all materials and equipment furnished_ and incorporated in the Work, including costs: of ttansportation and storage thereof, and Suppliers' fieid . services required in connection therewith. All cash_ discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, - rebates and refunds and returns from sale of surplus ~ materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may - be obtained. 00700 :- 30 ~ -..:~. .... ...;;. ) ..... ~) 3. Payments made by CONTRACTOR to Subcontractors for Work performed by Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids frDm subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER, who will then determine, with the advice of ENGINEER, which bids, if any, will be ~eptable. If any subcontract provides that the , Subcontractor is to be paid on the basis of Cost of the " Wotk-plus a fee, the Subcontractor's Cost of the Work ~ fee shall be" determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in this paragraph 11. 0 1. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, i.ttoineys'~' atnd accountants) employed for services specifically related to the Work. S. Supplemental costs including the following: a. The proportion of necessary transportation. travel, and subsistence expenses of CONTRACTOR',s employees incurred in discharge of duties connected with the Work. b. Cost. including transportation and mainte- nance, of "all :'materials, Supplies, equipment, maChmeIji:;tppiianceS;'office, and temporary facili- ties at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which ,remain the property of CONTRACTOR. . c. Rentals of all cDnstructiDn equipment and machinery, and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER wi~ the advice of ENGINEER, and the costs of transportation, loading, unloading, assembly, dismantling, and remDval thereof. All such costs shall be in accDrdance with the terms of said rental agreements. The rental of any such equipment, ma- chinery, or parts shall cease when the use thereat' is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which CON- TRACTOR is liable, imposed by Laws and Regu- lations. e. Deposits lost for causes other than negli- gence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and rDyalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the perfor- mance of the Work (except losses and damages within the deductible amounts of property. insUrance . established in accordance with paragraph.5.06;D), provided such losses and damages have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or . ' for whose acts any of them may be liable. Such losses. . shall include settlements made with. the written eorisent and approval of OWNER. No Stich losses, damages, and CXpellSes shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the . Site, expressage, and similar petty cash items in ccnlnectlon with the Work. , .~. ~,", ..:,...." i ;., . - .'.: i. When the Cost of the Work is used to determine the value of a Change Order or of a Claim, the cost of premiums for additional Bonds and insurance required because of the changes in the WDrk or caused by the event giving rise to the Claim. j. When all the Work is performed on the basis of cost-plus, the costs of premiums for all Bonds and insurance CONTRACTOR is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The tenn Cost of the Work shall not include any Df the following items: 1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnerships and sole proprietorships), general manag- ers, engineers, architects, estimators, attorneys, audi- tors, accountants, purchasing and contracting agents, , expediters, timekeepers, clerks, and other personnel employed by CONTRACTOR, whether at the Site or in CONTRACTOR's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph l1.01.A.l or specifically covered by paragraph Il.01.A.4, all of which lU'e to be 00700 - 31 considered administrative costs covered by the CONTRACTOR's fee. . 2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the Site. roo' 3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delinquent payments. 4. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly suppli~,. and making good any damage to property. r:: ; .. r ' 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraphs 11.01.A and 11.01.B. '" .,' !' : C. CONTRACTOR's Fee: When all the Work is performed on the basis of cost-plus, CONTRACTOR's fee shall be deiennined as set forth in the Agreement. When the . value of any Work covered. by a CI1a,nge Order or when a Claim for an adjustment in Contract' Price is determined on the basis of Cost of the Work, CqNTRA~TOR's fee shall be determined as set forth in paragraph 12.0l.C. 1'"-. D. DocU11tentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to paragraphs 11.01.A and 11.01.B, CONTRACTOR will establish and maintain records thereof in accordance with g~nerally accepted accounting practices and submit in' a form acceptable to ENGINEER an itemized cost breakdown together with supporting data. 1 , i.::: 11.02 Cash Allowances A. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums as may be acceptable to QWNER and ENGINEER. CONTRACTOR agrees that: 1. the allowances include the cost to CONTRAC- TOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and .. . 2. CONTRACTOR's costs for unloading and handling on the Site, labor, installation costs, overhead, profit, and other expenses contemplated for the allow- ances have been included in the Contract Price and not in the allowances, and no demand for additional paymenl- ~ on account of any of the foregoing will be valid. B. Prior to fmal payment, an appropriate Change Order'" will be issued as recommended by ENGINEER to reflecl actual amounts due CONTRACTOR on account of Work. covered by allowances, and the Contract ~ce shall be..;. correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price- Work an amount equal to the sum of the unit price for eacb separately identified item of Uni~ Price Work times the estimated quantity 'Of each item as. indicated in the Agree_ ment. The estimated quantities of items of Unit Price Work are not guaranteed. and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classificatic!ns of- Unit Price Work performed by CONTRACTOR will be made by ENGINEER subject to the provisions of paragraph 9.08. B. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover_ ~ CONTRACTOR's overhead 'and profit for each separately identified item. .'..',... . C. OWNER or CONTRACTOR may make a Claim for- an adjustment in the Contract Price in accordance with paragraph 10.05 if: - 1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such. item_ indicated in the Agreement; and 2. there is no corresponding adjustment with respect any other item of Work; and -"' 3. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract_ Price as a result of having incurred ad~tional expense or OWNER believes that OWNER is 'entitled to a decrease in Contract Price and the parties are 'unable to agree as _ to the amount of any such increase or decrease. 00700 - 32 () ,~- "~~. ~. >- ;- ~: r..... _.' )' , c ".:.: .:........ ~) ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Conlract Price A. The ContraCt Price may only be changed by a Change Order or by a ,Written Amendment. Any Claim for an adjustment in the COntract Price sbaIl be based on written notice submitted by,the party making the Claim to the ENGINEER and the other party to the Contract in accor- dance with the provisions of paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be detennined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by applica- tion of such unit prices to the quantities of the items involved (subject to the provisions of paragraph 11.03 ); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (~h,i~ may include an allowance for overhead and'profit.not. necessarily in accordance with paragraph 12~01.C..2); or .' 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agree- ment to a lump sum is not reached under paragraph 12.01.B.2, on the basis of the, .cost of the Work (determined as provided in paragraph 11.01) plus a CONTRACTOR's fee for overhead and profit (deter- mined as provided in paragraph 12.01.C). C. CONTRACIOR's Fee: The CONTRACTOR's fee for overhead and profit shall be determined as follows: 1. a mutually acceptabl~ fixed fee; or 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: a. for costs incurred under paragraphs 11.01.A.l and 11.01.A.2, the CONTRACTOR's fee shall be 15 percent; , b. for costs incurred under paragraph 11.01.A.3, the CONTRACTOR's fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fIxed fee is agreed upon, the intent of paragraph 12.01.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under paragraphs 11.01.A.l and . 11.01.A.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 Subco~ctor; " d. no fee shall be payable on the basis of costs itemized under paragraphs 11.01.A.4, 11.01.A.S, and 11.01.B; e. ,the amount of credit to be allowed by CONTRACTOR to OWNER,for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are in- volved in anyone change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with para- graphs 12.01.C.2.a through 12.01.C.2.e, inclu- sive. ":',.... ~I' '." ,;'-1.. :'" .... \. ." 12.02 ChJJnge of Contract limes A. The Contract Times (or Milestones) may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Times (or Milestones) shall be based on written notice submitted by the party making the claim to the ENGINEER and the 'other party to the Contract in accordance with the provisions of paragraph 10.0S. B. Any adjustment of the Contract Times (or Milestones) covered by a Change Order or of any Claim for an adjustment in the Contract Times (or Milestones) will be determined in accordance with the provisions of this Article 12. 12.03 Delays Beyond CONTRAcrOR's Conlrol A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (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 12.02.A. Delays beyond the control of CONTRACTOR shall include, but not, be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by 00700 - 33 Article 7, flres, floods, epidemics, abnormal weather conditions, or acts of God. 12.04 Delays Within CONTRA.CI'OR's Control r ',' A. The Contract Times (or M~estones) will not be extended due to delays within the control of CONTRACTOR. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR~ . f ... 12.05 Delays Beyond OWNER's and CONTRACI'OR's Control A. Where CONTRACTOR is prevented from complet- , ing any part of the Work within the Contract Times (or " ,'Milestones) due to delay beyond the control of both OWNER I"" '," ,:', ilrld CONTRACTOR, an extension of the Contract tiiD.eS (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. 12.06 Delay Damages A. In no event shall OWNER or ENGINEER be liable I : to CONTRACTOR, any Subcontractor, any Supplier, or any other person or organization, or to, any surety for or " ._ ',~mployee or agent of any of them, for ~amages ~isiI1g out of 'or resulting from: " " ,',;, " '; , f : 1. delays caused by or within the control of CON- TRACTOR; or " 2. delays beyond the control of both OWNER and CONTRACTOR including but not limited to flres, floods, epideIriics. abnormal weather conditio11;S, acts of God. or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. B. Nothing in this paragraph'12.06 bars a change in Contract Price pursuant to this Article 12 to compensate CONTRACTOR due to delay, interference, or disruption directly attributable to actions or inactions of OWNER or anyone for whom OWNER is responsible. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.0.1 Notice of Defects A. Prompt notice of all defective Work of which OWNER or ENGINEER has actual knowledge will be given to CONTRACTOR. All defective Work may be rejected, corrected, or accepted as provided in this Article 13. - f 13.02 Access to Worlc A. OWNER, ENGINEER, ENGINEER's Consultants. other representatives and personnel of OWNER, independent testing laboratories, and governmental agencies with-. jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. CONTRACTOR shall provide them proper and _ safe conditions for such access.and advise them of CONTRACTOR's Site safety procedures ,and programs so that they may comply ther~with as applicable. 13.03 Tests and Inspections A. CONTRACTOR shall give ENGINEER timely - notice of readiness of the Work for all required inspections, tests, or approvals and shall coope.rate with inspection and testing personnel to facilitate required inspections or tests. _ B. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspecpons, tests, or approvals required by the Contract Documents - except: .1. for inspections, tests, or llPprovals covered by ..( . . '.' "': .. i"", paragraphs 13.03.C and 13.03.D below;' 2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.04.B shall be paid as provided in said paragraph 13.04.B; and 3. as otherwise specifically provided in .the Con- - tract Documents. C. If Laws or Regulations of any public body having _ jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such - inspections, tests, or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection or approval. D. CONTRACTOR shall be responsible for arranging and obtaining and shall pay all 'costs in connection with any _ inspections, tests, or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to - CONTRACTOR's purchase thereof for incorporation in the , Work. Such inspections, tests, or approvals shall be \. performed by organizations acceptable to OWNER and - ENGINEER. 00700 - 34 B. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected 13.07 Co"ection Period or tested by others, CONTRACTOR, at ENGINEER's request, shall uncover, expose, or otherwise make available A. If within one year after the date of Substantial for observation, inspection, or testing as ENGINEER. may Completion or such longer period of time as. may be require, that portion of the Work in question, furnishing all prescribed by Laws or Regulations or by the terms of any necessary labor, material, and equipment. If it is found that applicable special guarantee required by the Contract _it. . . such Work is defective, CONTRACTOR shall pay'~':Documents or by any specific provision of. the' Contract Ii) "'Claims, costs, losses, 1lIld damages (including but not limited Documents, any Work is found to be defective,' or if the J .. to all fees and charg~ of engineers, architects, attorneys,. and :. ..repair of any damages to the land or areas :made available ,for other professionals and all court or arbitration or oth~r CONTRACTOR's use by OWNER or pennitted by Laws and dispute resolution costs) arising out of or relating to such Regulations as contemplated in paragraph 6.11.A is found to uncovering, exposure, observation, inspection, and testing, be defective, CONTRACTOR shall promptly, without cost and of satisfactory replacement or reconstruction (including to OWNER and in accordance with OWNER's written but not limited to all costs of repair or ''replacement of work instructions: (i) repair such defective land or areas, or (Ii) of others); and OWNER shall be entitled to an appropriate correct such defective Work or, if the defective Work has decrease in the Contract Price. If the parties are unable to been rejected by OWNER, remove it from the Project and agree as to the amount thereof, OWNER may make a Claim replace it with Work that is not defective, and (ill) sarlsfac- therefor as provided in paragraph 10.05. If, however, such torily correct or repair or remove and replace any damage to Work is not found to be defective, CONTRACTOR shall be other Work. to the work of others or other land or areas allowed an inCrease in the Contract Price or an extension of resulting therefrom. If CONTRACTOR does not promptly the Contract Tunes (or Milestones), or both, directly attribut- comply with the terms of such instructions, or in an able to such uncovering, exposure, observation, inspection, emergency where delay would cause serious risk of loss or testing, replacement, and reconstruction. If the parties are damage, OWNER may have the defective Work corrected or unable to agree as to the amount or extent thereof, repaired or may have the rejected Work removed and CONTRACTOR may make a Claim therefor as provided in replaced, and all Claims, costs, losses, and damages paragraph 10.05. (including but not limited to all fees and charges of engineers, architects, attori1eys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. f') -.,.... E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation. ~~ F. Uncovering Work as provided in paragraph 13.03.E shall be at CONTRACTOR's expense unless CON- TRACTOR has given ENG~ timely notice of .. CONTRACTOR's intention to cover the same and ENGI- . NEER has not acted with reasonable ~romptness in resppnse . . ,'"to such notice. . \ 13.04 Uncovering Work ,- , - A. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, bCuncovered tor ENGINEER's observation and replaced at., .... CONTRACTOR's expense. , " - .:z.. '- 13.05 OWNER May Stop the Work ~) A. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the pan of OWNER to exercise . this right for the benefit of CONTRACTOR, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Co"ection or Removal of Defective Work A. CONTRACTOR shall correct all.defective Work, whether or not fabricated, insta,lled, or compl~ted, or, if the Work has been rejected by ENGINEER, remove it from the Project and replace it with Work that is not defective. CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionats and all court or arbitration or ~ther dispute resolution costs) 'arising' out of or relating to such correction -'or removal' (including but not limited to all costs of repair or replacement of work of others). B. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that 00700 - 35 C. All Claims, costs, losses, and damages (including 13.08 Acceptance of Defective Work but not limited to all fees and. charges of engineers, ,. . architects; attorneys, and other professionals and all court or - . A. If, instead of requiring correction or removal and arbitration or other dispute resolution costs) incurred or replacement of defective Work, OWNER (and, prior to sustained by OWNER in exercising the rights and remedies ENGINEER's recommendation of final payment, under this paragraph 13.09 will be charged against CON- _ ENGINEER) prefers to accept it, OWNER may do so. TRACTOR, and a Change Order will be issued incorporating CONTRACTOR shall pay all Claims, costs, losses, and the necessary revisions in the Contract Documents with damages (including but not limited to all fees and charges of respect to the Work; and OWNER shall be entitled to an engineers, architects, attorneys, and other professionals and appropriate decrease in the Contract Price. If the parties are - all court or arbitration or other dispute resolution costs) unable to agree as to the amount of the adjustment, OWNER attributable to OWNER's evaluation of and determination to may make a Claim therefor as provided in paragraph 10.05. . . ~cept s,,"ch.defective Work (such costs to be approved'.by .Such claims, costs, losses and damages willinc1ude but-not -t "ENGINEER as to reasonableness) and the diminished valtie;~: be limited 'to all costs of repair, or replaCemenf of work of " "~9f; the.::..WQrk . to the extent not otherwise paid':,a~Y':':'.;,;Qtb.:e~ destroyed or damaged by correction;,removaJ" :or., CONTRACTOR pursuant to this sentence. If any such replacement of CONTRACTOR's defective Work. acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, OWNER may make a Claim therefor as provided in paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. r" -: C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph 13.07, ~e correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. .. . ~:-. D. CONTRACTOR's obligations under this paragraph. .13.07 are in addition to any other obligation or warranty. . The provisions of this paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. (' .t , ." i : [ .~ . .. ... -.. 13.09 OWNER May Correct Defective Work A. If CONTRACTOR fails within a reasonable time after written notice, .from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.06.A, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days written notice to CONTRACTOR, correct and remedy any such deficiency. . B. In exercising the rights and remedies under this paragraph, OWNER" shall proceed expeditiously. In connection with such corrective and remedial action, OW~ER may exclude. CONTRACTOR from all or part of - ( the SIte, take possessIon of all or part of the Work and. suspend CONTRACTOR's services related thereto,' take possession of CONTRACTOR's tools, appliances, con--- struction equipment and machinery at the Site. and incorpo- rate in the Work all materials and equipment stored at the ' Site or for which OWNER has paid CONTRACTOR but ..... which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNER's other contractors, and ENGnmER and_ ENGINEER's Consultants access to the Site to enable OWNER to exercise the rights and remedies under this paragraph. D. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the performance of the Work attributable to the exercise by - OWNER of OWNER's rights and remedies under this paragraph 13.09. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. 'l.'he schedule of values established as provided in paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application _ for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. ~ 00700 - 36 (j -.......... ",,-,. .J.... ::-..: -::) ;,.;...;. ....::. :-) ...' 14.02 Progress Payments A. Applications for Payments 1. At least 20 days before the date 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 sign~d by CONTRACTOR covering the Work completed as of the date of the Application and. accompanied by such supporting. documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing. 'the' Application for Payment shall also be accompamed. by a bill of sale, invoice. or other docu- . mentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect OWNER's interest therein, all of which must be satisfactory to OWNER. a. the Work has progressed to the point indicated; b. the quality of the Work. is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a. f."mal determination of quantities and classificati01l$: ,for Unit Price Work under paragraph 9.08. and to any other qualifications stated in the recommendation); and c. the conditions precedent, to CONTRACTOR's being entitled to such payment 'appear to have been fulfilled in so far as it is . . .'....;ENGINEER.s responsibility to observe the Work. . . 3. By recommending any such payment ENGI- NEER will not thereby be deemed to have represented that: (i) inspections made to check the quality or the quantity of the Work as it has been performed have been . exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work 2. BegiDning with the second Application for beyond the responsibilities specifically assigned to Payment, each Application shall include an affidavit of ENGINEER in the Contract Documents; pr (ii) that CONTRACTOR stating that all previous progress. c;'.' .there.maynot be other matters or issues.betweenthe . paymentS r~ceived on 3CCQllm of the Work have been . "parties that might entitle CONTRACTOR to be .paid ' app.lied;':'olV'aC~1)unt to discharge .CONTRACTOR's. ," ,::;'f~';:'additi6tWly by OWNER or entitle OWNER towithhtild"":';;\ " legitimate obligations associated with prior Applications payment to CONTRACTOR. for Payment. 3. The amount of retainage, with respect to pro- gress payments will be as stipulated in the Agreement. B. Review of Applications 1. ENGINEER will, within 10 days after receipt of each Application for Payment. either indicate in writing a recoDunendation of payment and present the Application to OWNER or return the Application to CONTRACTOR indicating'in writing ENGINEER's reasons fof' refusing to recommend payment. In the latter case, CONTRAGTOR may make the necessary corrections and resubmit the Application. .. 2. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER's observations on the Site of the.executed Work as an experienced and qualified design profession- al and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief: 00700 - 37 4. Neither ENGINEER's review of CONTRACTOR's Work fOl" the purposes of recom- mending payments nor ENGINEER's recommendation of any payment, including final payment, wilf impose responsibility on ENGINEER to supervise, direct, or control the Work or for the means. methods, techniques. sequences. or procedures of construction. or the safety precautions and programs incident thereto. or for CON- TRACTOR's failure to comply with Laws and Regu- lations applicable to CONTRACTOR's performance of the Work. Additionally, said review or recommendation will not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes CONTRACTOR has used the moneys paid on aCCO\Ult of the Contract Price. or to determine that title to any of the Work, materials, or equipment has passed to OWNER free and clear of any Liens. 5. ENGINEER may refuse to recommend the whole or any part of any payment if, hi ENGINEER's opinion, it would be incorrect to illake the representa- tions to OWNER referred to in paragraph 14.02.B.2. ENGINEER may. also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replace- ment; C' b. the Contract Price has been reduced by Written Amendment or Change Orders; ~.:' . c.OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.09; or I.:' " f- .,' d. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in para- graph lS.02.A. ' \ " C. Payment Becomes Due 1. Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recom- mendation, the amount recommended will (subject to the provisions of paragraph 14.02.0) become due, and when due will be paid by OWNER to CONTRACTOR. D. ReductiOIJ in"Payment \ .: . 1. OWNER:- may refuse to make payment of the full amount recommended by ENGINEER because: L~~ a. claims have been made against OWNER on account of CONTRACTOR's performance or fur- nishing of the Work; , r' ,~ ) ',: I:: ~ " r' ". , .' b. 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; c. there are other items entitling OWNER to a set-off against the amount recommended; or ,d. OWNER has actual knowledge of the occur- '~rence of any of the events enumerated in paragraphs " '14.,02.B.S.a through 14.02.B.S.c or paragraph 15.02.A. 2. If OWNER refuses to make payment of the full amount recommended by ENGINEER, OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR any amount remaining after deduction of the amount so withheld. OWNER shall promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to -t... by OWNER and CONTRACTOR, when CONTRAC- . TOR corrects to OWNER's satisfaction the reasons for " such action. 3. If it is subsequently determined that OWNER's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as - determined by paragraph 14.02.C.1. 14.03 c;ONTRAcrOR's Warranty ofntle -,:: A. CONTRACTOR warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than. the time of payment free and' ~lear of all Liens. ' 14.04 Substantial Completion A. When CONTRACTOR considers the 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 specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER J!. 'shall make an ,inSpection of the Wor::k to determine the ~tatus" ~, 'of completion. If ENGINEER does not conSider the Work , substantially':: "'complete, ENGINEER will 'notify' ,-: ., CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date - of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate dw:ing which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such 'objections, ENGINEER concludes that the Work 'is not substantially complete, ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, ENGINEER - considers the Work substantially complete, ENGINEER\vill within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial 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 consideration of any objections from OWNER. At the time of delivery of the tentativ~ certificate of Substantial Compte': \, tion ENGINEER will deliver to OWNER and CONTRAC- TOR a written recommc;ndation as to division of responsibili- - 00700 - 38 -- J'J ties pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substantial CompletiOn, ENGINEER., aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. ., ',.\ B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWl:'ffiR shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization ,-- A. Use by OWNER at OWNER.s option of any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which OWNER, ENGINEER, and CON1'RACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without ,significant interference with CONTRACTOR's perfo~e of the remainder of the Work. may be accomplished pri~r 19. Su~~J:antial'9Q~pletion of all the Worle subject to the following conditionS. ,... ~,) to, '. ""I,::..:,,):~r:~,''''~,:~:,~ ~~":~'.- i_) 1. OWNER at any time may request CON- TRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will ~ertify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER m writing thm CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR, 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 substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 00700 - 39 2. No occupancy or separate operation of p~ of the Work may occur prior to compliance with the requirements of paragraph S.10 regarding property insurance. 14.06 Final Inspection " A.. Upon written notice from CONTRACTOR that .the , 'Cntire Work or an agreed portion thereof is complete, EN9INEER will . promptly make a fmal inspection with OWNER and' 'CONTRACTOR and will notify CON- TRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies . 14.07 Final Payment A. Application for Payment 1. After CONTRACTOR has, in the opinion of ENGINEER, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents. all main- tenance and operating instructions, schedules. guaran- tees, BondS/certifICates or other evidence of insurance ,certificates of inSPection. marked-up record documents (as providedmparagraj)h6.12), and other documents, . CONTRACTOR may make application for final payment following the procedure for progress payments. 2. ' The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.04.B.7; (ii) consent of the surety, if any, to final payment; and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of aU Lien rights arising out of or Liens flied m connection with the Work. 3 ~ In lieu of the releases or waivers of Liens specified in paragraph 14.07.A.2 and as approved by OWNER, CONTRACTOR may furnish receipts or releases m full and an affidavit of CONTRACTOR that: (i) the releases and receipts include all labor , services, material, and equipment for which a lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness cOIUlected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, ~ONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. .1 '1 I J I i I I i . ,J ,..i , ! ~ oJ B. Review of Application and Acceptance 1. If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Appli6~tion for Payment, indicate in writing ENGINEER's recOmmendation of payment and present the Application for Payment to OWNER for pay- ment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.09. Otherwise, ENGINEER will return the Application for Payment to CONTRACTOR, indicating in writing the reasons for refusing to recommend fmal payment, in which case CON- TRACTOR shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due 1. Thirty days after the presentation to OWNER of the Application for Payment and accompanying docu- mentation, the amount recnmmended by ENGINEER 'will become due'and, wli~~dtic;; wilt be p~d by OWN- ER to CONTRACTOR..;,., ".\ " ": . ~:..,it. ...;., r. ,'~ '..,;, :'! ';. '.' . 14.08 Final Completion Delayed '. A. If, through no fault 'of CONTRACTOR, fmal completion of the Work is significantly delayed, and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's fmal Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement,' and if Bonds have been furnished as required in paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitt~4 ';by CON- TRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing fmal payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims 'A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by OWNER againsl.. CONTRACTOR, except Claims arising from unsettlCl , Liens, from defective Work appearing after fma. , inspection pursuant to paragraph 14.06, from failure to comply with the Contract Docwnents or the terms of 811'- special guarantees specified therein, or fro~ CONTRACTOR's continuing obligations under the Contract Documents; and 2. a waivc:r, of all Claims by CONTRACTOR against OWNER ,other than those previously made iu- writing which are'still unsettled. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION ~.i..~ .~.O 15.01 OWNER.May Suspend Work A. At any time and without cause, OWNER ma~ suspend the Work or any portion thereof for a period of no more than 90 consecutive days by notice in writing to CON- TRACTOR and ENGINEER which will fix the date on which, Work will be resumed. CONTRACTOR shall resume thc- Work on the date so fixed., CONTRACTOR shall be alloweC an adjustment in the ContraCt Price or an extension of the , Contract Ti,mes, orbq~,,~i~ceUY attributable to any such-~ suspension -if CONTRAGTOR make~ a Claim therefor at provided in paragr~pp.,JO"o.~.<. ''''" 15.02 OWNER May'.Terminatefor Cause A. The occurrence of anyone or more of the following events will justify termination for cause: 1. CONTRACTOR's persistent failure to perform the Work in accordance with the Contract Documents.,.. (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment 01 failure 'to adhere to the progress schedule established under paragraph 2.07 as adjusted from ~me to time- pursuant to paragraph 6.04); 2. CONTRACTOR's disregard of Laws opo- Regulations of any public body h~y'ing jurisdiction; 3. CONTRACTOR's disregaid of the authority of_, ENGINEER; orw 4. CONTRACTOR's violation in any substantial way of any provisions of the Contract Documents. - B. If one or more of the events identified in paragraph ~ 15.02.A occur, OWNER may; after giving CONTRACTOR- (and the surety, if any) seven days written notice, terminate 00700 - 40 ',,) the services of CONTRACTOR, exclude CONTRACTOR from the Site, and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment, and machineIy at the Site, and use the same to the. full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or convenion), incorporate in the Work all materials and equipment stored at the Site or for which OWNER,has, paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In'sucb..\ease, CONTRAC;:::TOR shall not' be entitled to receive any further paymeDl until the Work is finished. If the unpaid balance of the cOntract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineen, aIChitects, attorneys, and other professionals and all court or arbitration or other dispute resoiution. costs) sustained .by OWNER arising out of or relating to completing the Work, 'such excess will be paid to CONTRACTOR. If such claims, costs, losses, and damages exceed such unpaid balance, CONTRACTOR aha11 pay the difference to OWNER. Such claims, costs, losses, and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and, when so approved by ENGINEER, incorporated in a Change Order. When exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work pedormed. ":".:'.. .... .,.-.... \-\ i.:-'. :.. .; . )' ~. Where CONTRACTOR~s,' s~~c~s, hiwe been so i> . -. terminated by OWNER, the tentunatiOll:Will'not- affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue: Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.03 OWNER May Terminate For Cbnvenience A. Upon seven days written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the ContracL In such case, CONTRACTOR shall be paid (without duplication of any items): engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Supplien, and others; and 4. for reasonable expenses directly attributable to termination. .. , B. CONTRACTOR shall' not be paid on account of loss of anticipatc~ profits or revenue" or other economic loss arising aurof or resulting from such termination. . " " . +,;'j 15.04 CONTRA(:rOR May Stop Work or Termintlle A. If, through no act or fault of CONTRACTOR, the Work is suspended for more thai1 90 consecutive days by OWNER or under an order of court of'other public authority, or ENGINEER fails to act on any Application for Payment within 30 days after it is submitted, or OWNER fails for 30 days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may. upon seven days written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Contract and recover from OWNER payment OD the same terms as provided in paragraph 15.03. In lieu of terminating the Contract and without prejudice to any oth~~; Jigpt 9l remedy, if ENGI- NE:aR, has faIled to act on an APPlication for Payment within 30 days after it is submittecl';t'bt" oWNER: has failed for 30 days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may, seven days after written notice to OWNER and ENGINEER, stop the Work until payment is made of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.04 are not intended to preclude CONTRACTOR from m3king a Claim under paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping the Work as permitted by this paragraph. . ARTICLE 16 - DISPUTE RESOLUTION 1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination. including fair and 16.01 Methods and Procedures reasonable sums for overhead and profit on such Work; .) 2. for expenses sustained prior to the effective date of termination in pedorming services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. for all claims, costs, losses, and damages (including but not limited to all fees and charges of A. Dispute IeSolution methods and procedures, if any, shall be as set forth in the Supplementary Conditions. If no method and procedure has been set forth, and subject to the provisions of paragraphs 9.09 and 10.05, OWNER and CONTRACTOR may exercise such rights or remedies as either may olherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. 00700 - 41 ARTICLE 17 - MISCELLANEOUS \~,: 17.01 Giving Notice f"'..' , -, I \ ( '", .' - A. Whenever any provision of the Contract Documents requires the giving of written notice, . it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the coxporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. ~. r "', I' , ~'.J ~ . 17.02 Computation of TuntS t"- \" ,', ~ ;. " A. When any period of time is referred to in the ContraCt Documents by days, it will be computed to exclude the first and include the last day of such period. If the last- day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. - \.: - ( '.~ 17.03 - , Cumulative Remediu ~ ~. ", 'l~' :',:" A. 'I'he 4uties _~ obligations imposed by these General Conditions and the'rikhts and remedies available hereunder to the parties hereto are in addition to, and are not to be cons~ed in any way as a limitation of, any _ rights and remedies available to any or all of them which &e otherwise . ,~posed or avai\able by La~s_o~_Re~OJllJ,;.by special warranty or guarantee, or by other provisions of the Contract Documents, and the provisions of this paragraph wUl be as effective as if repeated specifically in the Contract . Documents in connection with each particular duty, obligation, right, and remedy to which they apply. "': . -... ~ ... (;.. ~ ~ ,J I" . ;.. : ~,;,~~ '.... ,1..::'( .." - ... ~.:: 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given. in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final paymeitt. completion, and acceptance of the Work or termination or completion of the Agreement. - 17 .OS ControUing Law A. This Contract is to be governed by the law of the state in which the Project is located. l_ .. 00700 - 42 SUPPLEMENTARY CONDITIONS OF THE AGREEMEN T CLP Project No.2001-4501 SC-1 PRECEDENCE: These supplementary conditions of the Agreement are a supplement and where in conflict, they take precedence over the "Standard General Conditions of the Construction Contract" of this Specification. SC-2 OWNER/ENGINEER: 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, labof, supervision, tools, and equipment necessary to complete the work. SC-4 SEQUENCE 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-5 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 LIQUIDATED 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 ($'100.00), 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 re-execute 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 re-execution. 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. SC-8 MATERIALS 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 FACILITIES: 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-10 INCONVENIENCES TO THE PUBLIC: It is the 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-11 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-of-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 II 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 perm it 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 where required, shall properly connect and coordinate his work with theirs. SC-15 RIGHTS OF VARIOUS INTERESTS: Wherever work being done by th.~ 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 MATERIALS 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 PUBLIC UTILITY OBSTRUCTIONS: Pipe lines and other existing underground structures in the vicinity of the work are shown on the drawings according to the best information 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 SUBlEmNG 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 (50%) 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. All transactions of the OWNER will be with the CONTRACTOR. Subcontractors will be considered only in the capacity of employees and/or workers 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 FACILITIES: The CONTRACTOR shall use 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-of-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-of-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 CONTRACTOR for the duration of construction. SC-23 OPERATION OF EXISTING FACILITIES: The City of La Porte shall operate all existing facilities (i.e., lift stations, valves, fire hydrants) during construction. SC-24 OWNER'S PROPERTY INSURANCE: Owner shall not be required to provide any additional property insurance coverage under this contract. SC-25 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 CONTRACTOR'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 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 (lWCC-81, lWCC-82, lWCC-83 or lWCC-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 perform 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 CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The CONTRACTOR must provide a certificate of coverage to the 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, file a new certificate of coverage with the OWNER showing that coverage has been extended. E. The CONTRACTOR 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 file certificates of coverage showing coverage for all persons providing services on the project; and (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 CONTRACTOR shall retain all required certificates of coverage for the duration of the Project and for one (1) year thereafter. G. The CONTRACTOR 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 CONTRACTOR shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on 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 CONTRACTOR, 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 CONTRACTOR: (a) a certificate 'of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate ends during the duration of the Project. (5) retain all required certificates of coverage on file for the duration of the Project and for one (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 CONTRACTOR is representing to the OWNER that all employees of the CONTRACTOR who will provide services on the Project will be covered by workers' compensation coverage for the duration of the Project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the Commission's Division of Self-Insurance Regulations. Providing false or misleading information may subject the CONTRACTOR to administrative penalties, criminal penalties, or other civil action. K. The CONTRACTOR'S failure to comply with any of these provisions is a breach of contract by the CONTRACTOR which entitles the OWNER to declare the Contract void if the CONTRACTOR does not remedy the breach within ten (10) days after receipt of notice of breach from the City. The CONTRACTOR 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 CONTRACTOR shall provide the OWNER a copy of all insurance policies. All of the insurance required to be carried by the CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR shall indemnify and save harmless the OWNER, its officers, employees, and agents from all claims and liability due to the activities of itself, its agents, or employees performed 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 CONTRACTOR 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 QUALIFICATIONS FOR SURETIES ISSUING BONDS: As required by City of La Porte Ordinance No. 1773, 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 performance bonds for federal jobs, including specifically the rules to underwriting limitation; c. The surety company must be authorized to issue payment and performance bonds in the amount required for the Contrad, 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 Performance 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 RETAINAGE: If the total 'Contract price is greater than $400,000.00, five percent (5%) of the total contrad 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 described 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 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 com pletion and some unexpected and unusual delay occurs due to no fault of the CONTRACTOR, the OWNER may, 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 PREVAILING 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. SC-29 CONTRACT INTERPRETATION AND WORK ACCEPTABILITY: 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. METHODS AND PROCEDURES: 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 interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work in respect of changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than 30 days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within 45 days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within 30 days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within 30 days after receipt of the opposing party's submittal, if any, in accordance with this paragraph. The Engineer's rendering of a formal decision shall be a condition precedent to further dispute resolution actions. Mediation: Any Claim arising out of or related to the Contract may, by mutual agreement between the parties, and after initial decision by the ENGINEER, be subject to mediation. By mutual agreement, the parties may endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to the Contract and with the American Arbitration Association. The parties shall share the mediators fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. Arbitration: Any Claim arising out of or related to the Contract shall, after initial decision by ENGINEER, be subject to arbitration. Claims not resolved by mediation shall be decided by arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The demand for arbitration shall be filed in writing with the other party to the Contract and with the American Arbitration Association, and a copy shall be filed with the ENGINEER. A demand for arbitration shall be made within 30 days after the ENGINEER's decision, or within 14 days after the final mediation proceedings, if both parties mutually agree to mediation. Limitation on Consolidation or Joinder. No arbitration arising out of or relating to the Contract shall include, by consolidation or joinder or in any other manner, the ENGINEER, the ENGINEER'S employees or consultants, except by written consent containing specific reference to the Agreement and signed by the ENGINEER, OWNER, CONTRACTOR or any other person or entity sought to be joined. No arbitration shall include, by consolidation or joinder or any other manner, parties other than the OWNER, CONTRACTOR, and other persons substantially involved in a common question of fact or law whose presence is required if complete relief is to be accorded in arbitration. No person or entity other than the OWNER, CONTRACTOR shall be included as an original third party or additional third party to an arbitration whose interest or responsibility is insubstantial. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of a Claim not described therein or with a person or entity not described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof. Claims and Timely Assertion of Claims. The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. Judgment on Final Award. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. .w.;j.' ~ , 7 ~ i...... ,- If&/UUl PREVAILING WAGE RATE: DETERMINATION BUILDING CONSTRUCTION TRADES COUNTY NAME: HARRIS C.te Printed: Aprtl15, 1997 CLASSIFICATION . Rate Health Pension Vacation' Total Wage ASBESTOS WORKER $9.00 $0.00 $0.00 $0.00 $9.00 CARPENTER $16.23 $2.15 $1.17 $0,00 $19..56 CARPETl.A YERlFLOOR1NG INSTAlLER $8.00 $0.00 $0.00 $0.00 $8.00 CONCRETE ANISHER $10.00 $0.05 $0.25 $0.04 $1 0.34 DATA COMMUN1CATIONlTElECOM INSTALLER $1 1.99 $0.18 $0.00 $0.06 $12.23 DRYWALL INSTALLER/CEILING INSTALL.ER $1 1.00 $0.00 $0.00 . $0.00 $11.00 ELECTRICIAN $13.27 $0.79 $0.27 $0.41 $14.75 ELEVATOR MECHANIC S1 a.02 $3.85 $2.19 $1.50 $25.56 FIRE PROOFING INSTALLER $11.00 $0.00 $0.00 $0.00 $11.00 GLAZIER $12.53 $0.79 $0.00 $0.72 $14.04 HEAVY EQUIPMENT OPERATOR $13.48 $0.14 . $0.16 $0.02 $13.79 INSUlA TOR $1S,78 $3.06 $1.64 $1.00 $21.48 IRON WORKER . $13.37 $0.00 $0.00 $0.00 $13.37 LABORERlHELPER . $8.12 $0.32 $0.07 $0.06 S8.58 LA THEF-tJPLASTERER $15.10 $2.12 S1.00 $0.00 $18.22 .LIGHT EQUIPMENT OPERATOR ' $1 1.46 SO.30 $0.35 $0.02 $12.13 MASON 514.55 $0.48 $0.24 $0.00 $15.2.7 METAL BUlLOING ASSEMBLER $10.00 $0.00 SO.OO $0.00 $1 0.00 MILLWRIGHT 515.91 $1.63 $1.00 $0.00 $18.54 PAINTERiWALL COVERING INSTALLER $11.63 $0.87 $0.43 $0.16 $13.10 PIPEFITTER $1 S~3S $3.25 $2.06 $0.00 $23.69 PLUMBER , $19.33 $2.40 $1.45 $0.54 S23.T.i! ROOFER $1 0.00 $0.00 50.00 $0.00 $10.00 SHEET METAL WORKER $1-4.56 . $1.19 $0.62 $0.1'4 $16.52 SPRINKLER FITTER $18.25 $3.40 $2.24 SO.OO $23.89 TERRAZZO WORKER $0.00 . $0.00 SO.OO $0.00 SO.OO TILE S~1TER $10.00 $0.00 $0.00 $0.00 '10.00 WATERPROOFE~CAULKER $11.52 $0.00 $0.00 SO.OO $11A2 . SO.OO In the rate fleld lndlcateslnsufficient data was received 10 determine a prevaDfng wage rate for this classification. Government Code Title 10, Section 2258..023, paragraph C states: · A contractor or subcontractor does not violate this section If a pUblfc body awardtng a contract does not determine the prevailing wage rates and specify the rates In the contract as provided in Section 2258.022. ~ Prcperty af General Servfc.. Cornmls:slon eased on 1996 Survey Resulls \aI.:...,~ ~.....'\. 4"'....., If&l lJOZ Gencr-aI Services Commission 171 t San lacinto - P.O. Box 1:3041 Au:olin. Tcx~ 18111-3047, \ Web Site: WWW.gsc..5talC.tx.US (S12) 463-3035 ,Pertinent Information to AU PublIc Entltles Using Prevailing Wage Rate Detemiinationa .. Produced by the General ServIces Commission 1. The contractfng entlty awarding any contract for non-federally funded, public works' constnJctIon prole'cts (regardless of size or donar value) shalf include in bid specification documents and contract documents a prevailing wage rate determination of per diem wages for the locality in which the work is to be perfonned ' . for each craft or type of workman or mechanIc needed to exeCute the contract. The Prevailing Wage Rat; Determination is defined as (1) the PrevalRng Wage Rate Detennlnatfon Informatfon sheet (document .' number WR 1001), (2) the Prevailing Wage Rate Determination for Building Construction Trades, and (3) the Department of Labor (DOL) Heavy Highway DsterminaUon. The DOL Heavy Highway rates are to be p~d to worl(ers engaged in sUe work determined to be fIVe (5) feet beyond the build'rng, extending to the - property boundary. . , 2. It shall be the responsIbility of the contra.cttng entity to ensure that the General Contractor posts the applicable Prevalling Wage Rate- Detennfnation In a orominent. ~ aceessfble place at 'the work site. 3. It shall be the responsibility ot the contracting entity to ensure that not less than the posted, specified rates are paId to aU classifications of workmen, mechanics and laborers employed by the General Contractor and/or Subcontracto~ .In the execution of theIr contract wIth the contracting entity, and to ensure that an workels fit Into one of the listed worker classifications (or work of a slmllar character. For example, , welders are to be paid the rate of pay for the trade they are working for_ 4. It shall be the responsibility of the contracting entity to take cognizance of wage rate disputes and/or comp/cOOts of a/l violations ot the provisIons of Chapter, 2258 Texas Government Code litle 10. 5. It shaJ( be the responslbffity of the contracting entity to address the Issue of fringe benefits in the bid specification documents and contract documents. The PrevalfJng Wage Rate DetennlnatIons produced by the ,General Servfces Commission include fringe benefits In the total wages. The bid specfficatfon . documents and contract documents need to specify whether the contraoting entity Is requiring that fringe benefits be paid. ,.' 6. It shall be the responsibility of the contracting entity to' address the Issue of the use of apprer:atices ~d theIr payment rate In the bid specification documents and contact documents. The rates speclfieclln the PrevaUing Wage Rate Detennlnatlon produced by the General Setvfces Commlsslon are Journeyman rates. HIstorically, the apprentice rate Is commensurate with the experience and skiD of the workur. For example, on GSC projects, apprenUcesare paid at a rate of not more th~ 60% of the journeyman's wage. Also on GSC projects, at no time shan a journeyman,supervise mo~e than one (1) apprentice. ' Note: The terms Joumoyman and apprentlce apply to b,oth union ,and Independent wor1<ers, and are not Intended to imply that these positIons are ,union workers only. 1. Some Prevaillng Wage Rate Oetarrnlnatlons for Bunding Cons{ructlon Trades may Indicate $0.00 i~ the "-otal Wage- column, rather than a dollar amount In such cases, The General Services CommISSion did not recl!lve suffident survey data to tabulate a prevailing wage for this werker classification, In the spedtied area.. and can not provide a prevaillng wage rats for this: classification. Where this occurs, . General Contractors and Subcontractors shall not be bound to a prevailing wage rate for the c1as:.dfJcation in question. . VIR leUI Ma<CI\ 1:r.HI ca . ............ .....~~."",.,~ - - - - - ._. - - ... - :- \ . ~~'..:\' I~" ~ t,.:2 I ~';';\~ General Services Commission 171t San Jacinto - P.O. eox 1~041 Au::Iln. Teus 78711-3047 Web She: www.&Sc:.statc.lX.US ('12) 463-3035 \ Prevailing Wage Rate Determination Information 'The following information from Chapter.2258 Texas Government Code Title 10 should be included in your bid specmcatlon documents and contract documents: 22S8~021. Duty at Governmental entity to Pay Preva11lng Wage Rates (a) The stale or any pollUCC;lI subdIvision of the state shall pay a worker employed by It or on behalf of It (1) not less than the general prevailing rate of per dIem wages for work of a slmUar character In the locality in which the work Is performed; and. . (2) nQt less than the general prevaHlng rate of per diem wages for legal holiday and overtime work. (b) Subsection (a) does not apply to maintenance Work. (c) A \votker Is empCoyed on a pubfic work for the purposes of this section It the worker Is employed by a contractor or subcontractor in the execu1ion of a contract (or the public work with the state, a pofltical suhdMslon of the state, or any officer. or public body of the state or a political subdivision of the state. 2258.023. Prevailing Wage Rates to be Paid by Contractor and Subcontractor, Penalty (a} Thu contractor who is awarded a contract by a public body or a subcontractor of the contracto~ shall pa)' not less than the rates determined under Section 2258.022 to a worket employed by it in the execution of the contract (b). A contractor or subcontractor who violates this section shaU pay to the state or a pouticaf subdivision of tho state on whose behalf the contract is made, $60 for each worker empCoyed for ea.ch calendar day or part of the 'day that the worker 'spaId less than the wage rates stfpulated In the contract. A public body awarding a contract shall specify thIs penalty" in the contract. Note: ThIs penalty applies even if the contractor or subcontractor and the worker come to an agr~ement on the underpaId wages (see Attorney General Opiniol1 DM-469). (c) A contractor or subcontractor does not vlola.te this section if a public' body awarding a contract does not detennlne Ule prevaffing wage rates and specify the rates In the contract as provfd~d by Section 2.258.022. (d) The pUblic body shall use any money collected under this sectIon to offset the costs incurred in the administration of thIs chapter. ." , ". ' (e) A municipality Is entitled to collect a penalty under this section only if the municipaJity has a population of more than 1Q,OOO. ; . (-2258.051. Duty of PUblic f!!ody to Hear Complaints .and Withhold Payment \._~ (a) A public body awardIng a contract. and an agent or officer of the pubnc body, $hafl~ (t) take cognIzance of complaints of all violations of this chapter: committed in tho execution of Ule contract; and ". . (2) withhold money forfeited or required to bo withheld under this Chapter from the payments to the contractor under the contrac:t, except. that the public bodY,may not wfthhold money from ofher than the final payment without detetTTlination by the publiC body that there Is good. causa to bolleve that the .contractor has violatod this chapter. WR100l UarcIIIDDI :~~ .......,....-..-w__ &00......, ~'lI'~ _-..... ~-!J. IAsbestos Warieet Worl<er who removes and disposes of asbestos mat~rials. 1 Carpenter Worker who ~uiIds wood stl'\ldUreS, or structureS of any materiaJ Which has ~ repraer.d wood. Includes rough And. finish carpently, hardware and trim. Ca~{ Laycr/Flooring I~rrer Worker who lns~lls carpet arid/or fl60r coverings. vinyi til~ Ccncrets F'ltlisher Worf.:cr who floats, trowels, and finishes concrete. I- Dala Communlcatlonlrelecorn Installer Worfc:Gr who installs dataltsJephone and telovision cabla and assoelated equipment and accessories. Orywallln::taller/Ceiling Installer Worker who Installs metal tramed waIls and ceiRngs, drywan coverings, Clailing - grids and C1SnUlgs. . . ~ Sectr1cian' . SklUed craftsman who Installs or repairs electrical wfring and devfc:es. Includes rife alarm .syststnS, and HV AC e1ecttieaJ controls. 8evaror Mechanic Craftsman skfi(ed In the Installation and maintenance of elevators. FIre proorll'\g l!\Staller Wori<er who sprayS or app"~ fire proofing materiab. Glazier Worker who Installs glass, grazing and glass rraming. Heavy Equlpment Operator Includ~ but not limited to aU Cat tiac(o~ all derrfck-powered. 811 poWl!r operated cranes, back hoe, back. filler, power operated $hovol, wfnch tcuck. all trenching . mach.lnes. (nsula1or Worker who applies, sprays. or installs insulation. Iron Worker Sldlled craftsman who erects structural steel framing and installs structural concrete Rebar. laborerlHelper . Workerquafdied (or only unsk1lled orseml-skilled work. Ufting, canyfng matarials . and tool!;, hauling, digging, clean-up. lalherlPlasterei Worker who Installs melal framIng and lath. Wor1<er who apprles plastor to lathing and in:st.,ns as$OCiated accessories. Ught Equipment Operator IndudQ$ but not limited to air compressors, truck crane driver. flex plane. buading elevator. (ann grader. concrete mlxar Qess than 14 cf). conveyor. Mason Craftsman who wones with masonry products, stone, brick, block. or any material substituting for those materials and accesSories.. . Metal Buifding Assembler Worker who assembles pre-made metal bundfngs. Mittwright Mechanic speciaJlzfng In thd installation of heavy machinery, conveyance. . wrenches, dock levelers, hydraulic afts and alIgn pumps. PalnteoWafl Covering InstaRer Worl<or who prepares waR surfa~ and appnes paint and/or wan coverings. ~ and b4cfding. Pipofrtter TraJnooworker who Installs piping systems. chilled water plplng and hot water {bone" prplng, pneumatic tubing controls. choters, boUers, and B$$OC::iated mechan1caJ equipment Plumber S\cilled craftsman who Instalts domestIc hot and cold wator plplng, waste piping, storm system pipIng. waleI' cfoset$, sinks, urinals and related work. Roofer . Wo~er who installs roofing materials, Bttumen (asphalt and cokf tar), felts. flashings, all types roofing membranes and assoclated products. Sh-lMt Melal Worker WO~8r who Installs sheet metal products. Roof metal, flashings, .and curbs, duetwor1c, mechanical equipment. and assoei2lted metals. Sprinlder Fltt'!r Wori<er who Installs fU'G sprlnJdsr systems and Rre protectJon equfpmenl. !Terrazzo WOrXet Cc3.ftsman who places and finIshes T erruzo. :rde Setter WOrKsr who prepares wall and/or floor sutf'aces and appna ceramic: me! to the$G sur!sces. . .' . Watecproofer/Caulksr Worker who appncs waleI' proofing material to bultdings. Prcducts Include sealant, Co'1ulk, sheet membrane, fiquid membrat\~. sprayed, rolled, or lm.lshed on. . . Worker Classification Definition Sheet - - - - - - - - TECHNICAL SPECIFICATIONS CLP Project No. 20014501 ITEM I REMOVING EXISTING CONCRETE SIDEWALK AND CURB 1. DESCRIPTION 1.1 This section governs the furnishing of all equipment, superintendence, labor and materials, and performing of all operations in breaking up and removing existing concrete pavement, curb, sidewalks, and disposing of the old concrete or other materials satisfactorily in a manner and place to be determined by Contractor and approved by Owner. 2. CONSTRUCTION METHODS 2.1 Where only a portion of the existing concrete pavement, curb, or sidewalk is to be removed, special care shall be exercised to avoid damage to that portion of the concrete to remain in place. Where concrete pavement is removed at locations between joints, the existing concrete pavement and curbs shall be saw cut the full depth to a neat line as indicated on the plans or in the specifications. If any existing concrete beyond the neat line so established is damaged or destroyed by these operations, it shall be replaced at the contractor's entire expense. 2.2 Existing concrete to be removed shall be broken up into pieces by air-driven machinery or by other suitable means. The use of explosives for breaking up old concrete to be removed is not permitted. 2.3 Work performed under this item shall be inaugurated at such time and prosecuted in such a manner as to cause a minimum of inconvenience to traffic or to the owners of adjacent property. Any area where pavement has been broken-up and/or removed shall require standard barricades, fencing, or other approved safety devices as will exclude public traffic until such time that the material has been properly replaced and approved by Owner. 3. MEASUREMENT 3.1 Removing existing concrete sidewalks will be measured in linear feet in its original position regardless of its thickness. Removal of concrete curb shall not be measured or included or considered in the total quantity of material removed. All broken concrete removed shall become the property of the Contractor, and any disposal shall be considered incidental to the pay item. 3.2 Full depth saw cut will be measured by linear feet as cut. Technical Specifications page 1 of 19 4. PAYMENT 4.1 All work performed as required herein and as provided under "Measurement" will be paid for at the unit price bid per linear feet, which payment shall be full compensation for furnishing all labor, tools, equipment, hauling and disposal of broken concrete and all other incidentals necessary to complete the work. No payment shall be made for removal of curb but shall be considered incidental. 4.2 Saw cut will be paid for at the unit price bid per linear feet. All saw cut shall be made to the full depth of materials that are required to be cut. This shall include all existing curb to be removed for handicap ramps. Technical Specifications page 2 of 19 TECHNICAL SPECIFICATIONS CLP Project No. 2001-4501 ITEM II FOUR FOOT CONCRETE SIDEWALK REPLACEMENT 1. DESCRIPTION 1.1 This section covers the furnishing of all equipment, superintendence, labor, and materials necessary in construction of concrete sidewalks including handicap ramps in accordance with the plans and specifications. 2. MATERIALS 2.1 Concrete shall conform with requirements specified in Technical Specification "Concrete for Structures". 2.2 An approved type of commercial pre-molded expansion joint (3/4" thick) or redwood (1" thick) shall be placed. 2.3 E.W. Reinforcing steel shall be #3 bars at 18" OIC each way or #4 @ 24" O.C. 2.4 material. Cushion sand shall be clean and well graded and free of clay and humus 3. CONSTRUCTION METHODS 3.1 Stripping: All grass and humus material shall be stripped and removed from the area of the sidewalk. 3.2 Grading: After stripping and removing of grass, humus material, and tree roots, any soft or otherwise unsuitable material within the sidewalk area shall be removed and replaced with approved fill materials and compacted. The grade shall then be brought up to the bottom of the proposed level of the sidewalk with a maximum of four inches (4") of bank sand fill. 3.3 Forms: The sidewalk shall be formed and braced with forms of wood or metal, straight, free from warp and of a nominal depth of four inches (4') prior to pouring of concrete. The forms shall be braced so that no horizontal or vertical displacement occurs during the concrete pour or during the period for curing. 3.4 Expansion joints shall have a maximum spacing of thirty feet (30') between joints or as shown on the plans and according to this specifications or as directed by the Owner's Representative. Expansion joints shall be required where all sidewalks intersect with existing driveways, existing roadway pavement, and at all saw cuts locations unless otherwise directed by the Engineer. In locations where the new concrete is to tie to existing concrete, the old expansion joint material shall be removed and replaced with new expansion joints. Technical Specifications page 3 of 19 3.5 During the placing of the concrete, the reinforcement shall be held in a position parallel with the surface plane of the sidewalk as shown on the plans or as called for in the specifications by the use of plastic chairs or other methods approved by the engineer. 3.6 The concrete surface shall have a rough, non-skid type finish. The concrete surface shall be free of any graffiti or writings. It shall be the contractor's responsibility to protect the freshly poured concrete and finish on the surface a sufficient length of time to allow the concrete to set up. Any concrete with graffiti and/or writing shall not be accepted and shall be removed and replaced by the contractor at no cost to the owner. 3.7 The dummy groove joint shall be edged in the surface of the concrete at every six foot (6') intervals. 3.8 The outer edge and joints shall be troweled to give a smooth surface and rounded to a 1/4 inch radii. 4. CURING 4.1 After the concrete has obtained a final set, the concrete surface shall be sprayed with membrane curing compound to protect it against loss of moisture for a period of not less than 72 hours from the beginning of curing operations. 4.2 Failure to provide the proper curing or other failures to comply with curing requirements shall be cause for immediate suspension of concreting operations. 5. CYLINDER OR BEAM TESTS 5.1 During work progress, the Owner, at his discretion, shall provide all cylinders or beam tests as specified herein. The laboratory testing and services shall be provided by the Owner. The Owner does hereby reserve the right to collect all cylinder samples himself, if desired, and deliver same to the testing laboratory approved to perform the tests prior to the placement of concrete. The tests will be performed to maintain a check on the compressive or flexural strength of the concrete that is actually placed. The test shall be defined as the average of the breaking of three cylinders or two beams as the case may be. Test beam or cylinder specimens shall be required for each 167.5 cubic yards, or a portion thereof, placed each day. For smaller concrete placements, the Owner's Representative may vary the test specimens to 25 cubic yard placements, over a several day period. Cylinders or beam specimens shall be placed, covered and stored in curing water tanks at temperatures between 70 degrees F. and 90 degrees F., until transported to the testing laboratory. The test specimens shall be cured in accordance with THD Bulletin C-11. 6. PROTECTION OF SIDEWALK 6.1 The contractor shall erect and maintain the barricades required by the plans and/or the specifications, or such other standard barricades and approved devices as will exclude public traffic and traffic of his employees and agents from the newly placed sidewalk. All barricades shall remain in place Technical Specifications page 4 of 19 until such time as the concrete has cured sufficiently to a point where it is safe to be used by the public and not be damaged by that use. Barricades shall not be removed until all form materials, surplus wood and steel or any other surplus materials have been removed from the site to provide for the safety of the public. All areas adjacent to sidewalks where forms were removed shall be backfilled and graded prior to removal of the barricades. 7. CLEAN-UP 7.1 The contractor shall remove all rubbish and waste materials from the site. The clean-up operation shall be kept up behind the construction at all times. 8. MEASUREMENT 8.1 The concrete sidewalk, complete in place, to the dimensions and limits detailed on the plans and as described in these specifications will be measured by linear feet of sidewalk placed. Curb shall be incidental to the job and will not be measured. 9. PAYMENT 9.1 The payment for the concrete sidewalk measured as indicated in paragraph 8 will be made at the contract unit bid price per linear feet for concrete sidewalk, complete in place. Payment will constitute full compensation for cost of furnishing all plant equipment, superintendence, labor, and materials and performing all operations required for a completed installation including stripping, grading, fill materials, furnishing and placing concrete and reinforcing, clean-up, and all incidental operations required for a complete foundation. 9.2 Wheel chair ramps shall not be measured, but shall be paid for by lump sum at the contract bid price per each type of concrete wheel chair ramps identified on the Plans (Types A, B). Placement of sand cushion and concrete curb shall be considered incidental and no separate pay item will be allowed. Technical Specifications page 5 of 19 TECHNICAL SPECIFICATIONS ITEM III CONCRETE FOR STRUCTURES 1. DESCRIPTION. :... 1.1 This section shall govern the materials and methods used for the proportioning and mixing of concrete for pavemen~ qriveways, pre-stressed concrete, and other concrete incidentals required to complete the construction of the project. The concrete shall be composed of Portland cement, mineral filler, and natural aggregates, proportioned and mixed as provided in this specification. 2. MATERIALS 2.1 Cement The cement shall be Type I, Type II, or Type III. of a standard brand of portland Cement conforming to ASTM Designation C-150. Only one brand of cement will be permitted in anyone structure. 2.2 Mixing Water: The water used with the cement shall be clean and suitable for drinking or for ordinary household use. 2.3 Course Aggregate: The course aggregate shall consist of gravel, crushed stone, or a combination of these two. 2.3.1 Gravel shall consist of durable particles of crushed or uncrushed gravel of uniform quality throughout. It shall have a wear of not more than 40 percent when tested according to AASHO Method T-96. c.. 2.3.2 Crushed stone shall consist of durable particles of stone of uniform quality .and having the same wear as th~t required for gravel. 2.3.3 The course aggregate shall be free from an excess of salt, alkali, roots, and other objectionable matter. The maximum size aggregate shall be governed by the type of structure in which the concrete is used and as shown in Table I. , ~, ..- A.a..- TECHNICAL SPECIFICATIONS 2.3.4 The grading requirements of the course aggregate shall conform to the following: TABLE I .,..-. Percentage Retained I No. I Maximum I~ 2 11X I 2" I 1 1r.lll I 1" ;,j4t, l'r.lll No.4 size 1 2 1/211 0 0-5 0-20 15-50 60-80 95-100 2 1 1/2" 0 0 0-5 20-70 95-100 3 1" 0 0-5 15-45 . 50-70 95-100 2.4 Fine Aggregate: Fine aggregate shall conS!st of natural sand and be free from frozen material, foreign material, excess salt, alkali, or vegetable matter. It shall contain not more than 0.5 percent by weight of clay lumps: 2.4.1 The grade requirements of the fine aggregate shall conform to the following: Sieve \ Percent Retained r i L_ 3/8" No.4 No.8 No. 16 . No. 30 No. 50 No. 100 0% 0-5% 0-20% 15-50% 40-75% 70-90% 90-100% r- ! 2.4.2 The fineness modulus of the fine aggregate shall be between 2.40' and 2.90. When this fineness modulus varies more than .20 than that being used in the current design, then the batch will be redesigned in accordance with standard Highway Department methods. 2.5 Admixtures: An air entrained concrete will be' used for all bridge superstructures. Air entrainment will also be required during hot weather placement when, in the opinion of the Owner's Representative, the admixture is needed. 2.5.1 The air entrainment agent shall be of a standard commercial type conforming to the requirements of ASTM Designation C-260. T.a"hni,,~1 C!l"\ft~;,f;_A.a.:__"", ~___ .., _I "'1"\ TECHNICAL SPECIFICATIONS 3. PROPORTIONING AND CLASSIFICATION 3.1 Concrete shall be proportioned as determined by the Owner's Representative and using the method as outlined in the Texas Highway Department. Bulletin C-11. The concrete shall be uniform and workable. The minimum cement content, maximum allowable water content, and maximum slump of the. various classes shall conform to the following: Type of Construction Min. Min. Compo Max. Water Slump Coarse Coarse SKlCY Strength 28 Cement Inches Aggregate Aggregate Day PSI Ratio Class No. Foundations 5 3000 7.0 2-3 1-2 A General Concrete 5 3000 7.0 3-4 2-3 A Drilled Shafts All Superstructure 5 3000 6.5 2-3 2-3 A . Concrete Riprap & Sidewalks 4.5 2500 7.0 3-4 1-2 B Pre-stressed 6-7 6000 5.75 2-3 3 C Concrete Seal Concrete p 3000 7.0 5-6 1-2 0 3.2 The dry loose volume of course aggregate shall not be more than .82 cubic i foot of the finished concrete. t. _ r ( L_.. ,- f ~ - I... , . 3.3 . The net amount of water will be the amount added at the mixer, plus the free water in the aggregate, and minus the absorption of the aggregate based on a ~O minute absorption test as defined in THO Bulletin C-11. 3.4 Where flexural test beams are used the 7 -day flexural strength shall be equal to or greater than one-sixth of the 28 day compression test. 3.5 Where the difference between the actual amount of concrete placed and the calculated theoretical amount required is more than 3%, the Owner's Representative shall require the re-design of the batch. 4. CONSISTENCY 4.1 Conerete shall be of such consistency as to insure the required workability and result in compact masses having dense, uniform surfaces. The quantities of the mix design shall not be. varied unless authorized by the Owner's Representative. In cases where the characteristics of the aggregates are such that, with the maximum allowable amount of water the consistency requirements cannot be satisfied, the contractor may furnish additional aggregates, mineral filler, or aggregates of a different character which will produce the desired results. If the contractor does not provide these materials, the Owner's Representative will modify the mix design with additional cement to produce proper workability. The addition of water to the approved batch design to provide workability will not be permitted. TECHNICAL SPECIFICATIONS 4.2 In general, the consistency of concrete mixtures shall be such that: 4.2.1 The aggregates will not segregate and mortar will cling to the coarse aggregate. 4.2.2 The concrete when dropped from the discharge chute will flatten out at the center of the pile, but the edges will not flow. 4.2.3 The concrete will not show free water. 4.2.4 The concrete will slide and not flow into place when discharged from the metal chute at an angle of 30 degrees with the horizontal. 4.2.5 The surface of the finished concrete will be free of laitance. \..:;;'. \.... 4.3 Any concrete mix failing to meet the above consistency requirements will be considered unsatisfactory although the concrete meets the required slump test In cases where the characteristics of the aggregate furnished are such that, with the maximum allowable amount of water, the' specified slumps and consistency requirements are not met, the contractor may provide aggregates of an improved grading, or the Owner's Representative will modify the mix design to meet the slump and consistency requirements by adding cement. 4.4 The slump tests will t;>e provided by the approved Testing lab according to the standard ASTM testing procedures. .... 5.' TESTING OF CONCRETE, c';"';: 5.1 During the progress of the work, the Laboratory wiII cast test cylinders for testing in order to maintain a check on the compressive strength of the concrete actually , placed. 5.2 A test shall be defined as the average of the breaking strength of three cylinders. t.:...:: 5.3 Test cylinders for job site control will be tested according to ASTM Designation: C-39 "Method of Test for Compressive Strength of Molded Concrete Cylinders". Test cylinders shall be made in accordance with Test Method Tex-704-1. 5.4 All test specimens, beams, or cylinders representing tests for removal of forms or falsework for pre-stressed or post-tensioned beams shall be cured under the same conditions, subjected to the same curing materials, and to the same weather conditi6nsas the concrete represented. 5.5 Other cylinders will be cured in accordance with THO Bulletin C-11. Ta~.......:,.u.1 ~___:S:__6:_..._ 0___ ,., _~ 04i1"\ ,-.s...- . TECHNICAL SPECIFICATIONS 6. CONDITIONS 6.1 The concrete shall be mixed in quantities required for immediate use and in concrete not in place within the following: ~1_ ~ Air Temp. or Concrete Temp. Hi hest Value Maximum Time in Mixer 40 degrees F. to 74 degrees F. 75 degrees F.to 89 degrees F. 91 degrees F. and above 90 minutes 60 minutes 45 minutes 6.2 In threatening weather, which may result in conditions that will affect the quality of the concrete, the Owner's Representative may order postponement of the work. Where work has been started and changes in weather conditions require protective measures, the contractor shall furnish adequate shelter to protect the concrete against from rainfall or freezing temperatures. 6.3 Concreting will not be permitted when the temperature is 40 degrees Fahrenheit and falling. 7. MEASUREMENT 7.1 Unless provided for in the proposal, the quantities of concrete of various classifications wilt not be measured directly but shall be included in the itemized bid structures. 8. PAYMENT 8.1 pertains. Payment will not be made but shall be incidental to the item for which it _____Tp.,..,hni,..,al !=;nAr.ifi,..~tinnc: P~n'" 1 n nf 1 Q t- , ? TECHNICAL SPECIFICATIONS 1. ITEM IV UNDERMINED SIDEWALK POINT REPAIRS DESCRIPTION 1.1 This item shall govern all e~cavation and backfilling of areas under or. around existing sidewalks that have voids created by storm sewer lines, sanitary. sewer lines, manholes, or inlets that. have cracks or openings allowing materials under the sidewalk to be washed and carried away. It shall govern the furnishing of all equipment, supervision, labor, and materials to perform the repairs as specified. 2. MATERIALS 2.1 Materials. shall consist of cement stabilized sand as specified under the [- specifications Item 9. . . ' \. :' " L ,1- \ L ~ , " ,. , h.:,..z I I \ ' 3. CONSTRUCTION METHODS 3.1 The existing concrete sidewalk shall be removed in accordance with the specification Item 1. After the sidewalk is removed, the Owner's Representative shall . inspect the site to determine the extent and cause for the voids. Based on the inspection, the Owner's Representative may instruct the contractor to just add cement stabilized sand in the void and compact it in an approved manner or he shall instruct the contractor as to the size, location, and depth of any required excavation in order to allow the placement and compaction of the cement stabilized sand. The size, loeation, depth, and estimated. volume of excavation shall be agreed upon by the Contractor and the Owner prior to proceeding with the repair. The .normal width of any excavation of material down along side of any pipe or manhole shall be maintained as near as possible to a width of 12 inches. The maximum depth for the excavation shall not exceed 6 feet in depth as measured from the top of the existing. natural ground. All excavated material shall be removed and disposed of as per the Owner's instructions. . 3.2 If in the opinion of the Owner's Representative, more extensive repairs are warranted; the Owner shall have the option of making the additional repairs with City personnel or negotiating with the Contractor for the additional repairs. All additional work contemplated other than that described under. section 3.1 shall only be done by Change Order. c , 1;>-";'; \,.<'" -.. \. ~~ ...: .. \.. TECHNICAL SPECIFICATIONS 4. MEASUREMENT 4.1 Excavation and removal of existing soil materials and compaction of cement stabilized sand shall be measured in cubic yards based on the amount of agreed excavation as specified in Section 3.1. Cement stabilized sand shall be measured as specified under cement stabilized sand. 5. PAYMENT 5.1 Excavation and removal of existing soil materials and compaction of cement stabilized sand shall be paid for by the cubic yard of excavated material as measured and agreed upon by the Owner and Contractor as specified in Section .3.1 and based on the unit price bid for this item. _._1__.'+.'_ __....__.!'__._ ~..._"~A TECHNICAL SPECIFICATIONS ITEM V ADJUSTMENT OF METER BOXES. VALVE BOXES. AND MANHOLE RINGS AND COVER 1. DESCRIPTION 1.1 This section shall govern the adjustment of meter boxes, valve boxes, manhole rings and covers, etc. to the proposed finished grade of roadway paving, sidewalks, parking lots, or other paved surfaces as indicated on the plans or, in the opinion of the Owner's Representative, requiring an adjustment. The work covered in this section consists of furnishing all plant equipment, labor, materials, and performance of all operations for the required adjustments. 2. CONSTRUCTION METHODS 2.1 After the existing pavement is removed, the existing water meter box, valve box, or manhole ring and cover shall be excavated around in a sufficient manner to allow for the required adjustment in grade. The adjustment of water meter boxes and valve boxes shall be made without adjustment in grade on the water line or service lines. If, in the opinion of the Owner's Representative, an adjustment in the service line or system line is required, he may direct the contractor to do so under extra work items or the work may be performed by City of La Porte personnel. The adjustment of manhole rings and covers shall be accomplished by removal or addition of materials necessary to bring the top to grade and may be poured as an integral part of the proposed pavement. 3. MEASUREMENT 3.1 The adjustment of the water meter boxes, valve boxes, and manhole rings and covers shall be measured by each. 4. PAYMENT 4.1 Payment for complete adjustment of water meter boxes, valve boxes, and manhole rings and covers will be made at the unit price bid for each. ~. ~ I.... k....!! , i , ".".-.;... :- ~ ,.. , - TECHNICAL SPECIFICATIONS ITEM VII BANK SAND 1. DESCRIPTION 1.1 The work covered by this section consists of furnishing all plant equipmentl labor, materials, and performance of all operations for placement of sand used as a cushion for sidewalks, driveways and wheelchair ramps, as well as extra l!3and ordered by the Engineer. 2. MATERIALS 2.1 Sand: The sand shall be a river sand free from roots and other objectionable matter. 3. CONSTRUCTION METHODS 3.1 Sand shall be placed, as directed by the Owner, in not more than four (4) inch layers, loose measured and compacted with mechanical tamps or other approved equipment 4. MEASUREMENT . 4.1 Sand ordered by the Engineer will be measured by the cubic yard based on delivery haul tickets which shall be provided to the Owner's representative on the day of the delivery. The sand ticket~ shall be subject' to inspection and verification by determining the load capacity of the delivery vehicle(s). Sand used as a cushion for sidewalks, driveways and wheelchair ramps is considered incidental to the work, and will not be measured separately. 5. PAYMENT. 5.1 Sand ordered by the Engineer will be paid by the unit price bid per cubic yard. Sand used as a cushion for sidewalks, driveways and wheelchair ramps is considered incidental to the work, and payment ~s induded in the unit cost for each of these items. TECHNICAL SPECIFICATIONS ITEM VIII ST. AUGUSTINE BLOCK SODDING ~.'. ' This Item consists of preparing ground, providing and planting St. Augustine grass, providing and distributing fertilizer, and subsequent watering. only on those areas approved by the Engineer. Materials: ~ .. Sod: 1. Use sod consisting of live, healthy, dense, vigorous, well rooted S1: Augustine grass. 2. Sod to be free of debris, weeds ,or other grasses. 3. Sod to be a minimum soil thickness of 1-inch. 4. Do not use sod which is dried out or which contains debris, weeds or other grasses. 5. Plant sod which has been excavated for this project within three days. . 1.( L..., Fertilizer: 1. Use Media Plus for new solid sod. 2. Apply in accordance with manufacturer's printed instruction. t. ~.; to. Payment: No separate payment will be made for grass and fertilizer unless it is considered extra and ordered by the Engineer. r \ t~;.~ ! ; I.. f...... 1... , i. ,~ \ . ~,: :. i i \:-~ This section deleted. ~ -' , , i.-; TECHNICAl. SPECIFICATIONS \TEM \)( CEMENT ST AB'UZED SAND - ' - · END ·